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HomeMy WebLinkAbout1995-08-14 95-359 ORDINANCE. COUNCIL ACTION Dater Avcaat 14, 1995 95_359 Item NO.-, �_ Item/Subjects Ordinance, Amending Chapter 5, Article 9, Section 20.1, adding a new section 21, and renumbering the existing Section 21 of the Laws and Ordinances of the City of Bangor --Wastewater Treatment Rates and Abatements. Responsible Department: City Manager Commentary: Thestaz ordinance ameadmed deals with a numbv of uses amrouudiag abmivg and decovming sesur van fea.The pmpad Satiom 21.1 through 217 deal wise ebetemrnm whidmeYbegrmtd due a "Mmwate." These sectiouv: (1) Esmhlish a"Mecme'steaie.d which egasvi ebammeve ovb Where ahemsepayv mks ommal asdmmmeble steps m mvdain he w by wmss system; (2) Oudiva µvisible reaves fir ass ahs mast (3) Delegams oversightofNeabatemmt Process to lhaTreslmmt Plat guParo,4^daut: (4) Esebhshes the prwdme 6r delamisug she amaud of dm abasamen hnvf An escmald amaunt of lod water lam pumping end eansportlng case): (5) Requires mmmina approv4 dt abm®mt as cues; a$500; (6) Outlives an appeal Pmsdme from Ore SupewtesMdsdelnmma0m. Sacro 21.8 ambbs a; a new samndmy mesa pxuD u whish will allow fir sheimm0adm da swandwy mow(dmtepeyer esp®) mrecwd outa'de waw sea. a effn admg mymem fw damu imus m tits in such wtside use, and au0onsm; fes fm a pmai[ fm such a amass smi fw Mmm mUnng Me Program Smin219mvhoc�diecmme W wmssusdwimbsaialpmeasamd thesyss® fwgrevevg sandiswwt. Tbae diemuds metarwmwwkrhaM up wapra8c5 ie Sa Dog wwhiche uxd w ltemmufacvvmg process sod Mem mtreech theaewss syerm. Diacowfacmheautharv�outyby Council Camminee and fw'vobugath®threeyeam. The hada ofPaofmse with (CONTINUED ON FOLLOWING PAGE) Massager's Comments: e4f"Gni-b+t��A4 �M�u®",t`�''�'OQ*^.,pw•.. &sn� rr*r nravare Associated In£oxmationr Ordinance, introduced for first reading and referral to Municipal Operations. Budget Approvals Legal Approval rrTV coir PDR Introduced For _ Passage First R ea inQ page of Referral �OAIv opa, Commentary, conawed: 95-359 Section 21.10 authorizes Development Madonna based on FMjobs created tbrougb establishing or depending a business. The discount would be for five years, would decrease armually, and would apply only b that part of the sewer charge associated with capital construction costs (no discoed for operating and nieimenence cash). You camfed a bible in Section 21.10 which outlines the proposed discounts. A0 of these ideas and reconnnendazione came forth in the basic sewer rate study which was completed some time ago. The Council may wish to implement soma or all of these items. This undimmed has been before the Ad Hoc Sewer Committee and will also be going before the Municipal Operations Committee. 95-359 9:5- 3s? (As AIffimEh) (Av. AmmuO Aadp a;ocouncaor CITY OF BANGOR (TITLE.) WrYMMTCRy -Amending-Chapter-V, Artiole 9, --Section 20,1r --- Adding a New Section 21, and Renumbering the Existing Section 21 of the Laws and Ordinances of the City of Bangor --Wastewater Treatment Rates and Abatements Be a onkdvai by dw My Comm ofdw C;V ofBanpr. as fN. THAT: Chapter V, Article 9, Section 20.1 of the Laws and -Ordinances of the City of Bangor are hereby amended as follows: Section 20. Wastewater Treatment Rates 20.1 All persona within the City who are, or will be, connected into the City's POW shall be subject to a sewer use charge. A schedule of chargee shall be established from time to time by City Council Order. The sewer use chargee are to be based on water meter readings of the user, type of wastewater discharged to the POW based on the use of the user's premises and/'or other parameters determined by the City to be necessary to cover the coat of construction and operation and - " maintenance of the City's POW. There sea!! be no There shall be no discounts or amenia g1jen. fo charaes unless such dimcmod�s or abatements are provided in accordance with the provisions outlined in Section 21 below. 'So long as users in the Town of Hermon are billed by the City, Hermon users may be billed in a manner that is the same or different from, the City's users. (NOTE: For Sections 20.1 deletions are struck - ; additions are underlined%. BE IT FURTHER ORDAINED, THAT: Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor are hereby amended by the addition of the following new Section 21 as follows: F and Discounts to Sewer use Chargg 21.1 Abatements of sewer use chargee may be granted by the Superintendent of the Wastewater Treatment Plant upon application of a rate payer where the rate payer can 95-359 (AS p MDM) demonstrate that a 'lose" of water occurred due to no fault of the rate payer, his or bar agents, or employees. Rate payers are responsible for exercising due care in the maintenance of their water and sewer systema to prevent water losses. For purposes of an abatement, "due care' shall be defined as the normal and reasonable steps which would be taken by a prudent individual in operating and maintaining their water and sewer systems. To be considered, requests for abatement must be made within one hundred and twenty (120( days of the billing date of the bill In question. 21.2 Valid reasons for a request for abatement include, but are not necessarily limited to, unanticipated water pipe breakage, plumbing fixture malfunction, heating system malfunction, and vandalism. Upon notice or knowledge of such circumstances, the ratepayer is responsible for taking appropriate and timely action to remedy the problem. 21.3 The Superintendent shall be responsible for researching the basis for the requested abatement in light of the "due care" standard established in Section 21.1 above. He or she shall make a record of the results of the investigation which shall include an estimate of the amount of water lost. The estimate of water lost shall be based on a minimum of the previous four quarters of water consumption, if available, and consideration of seasonal water use patterns. This estimate of water lose shell be used to calculate the amount of the abatement should one be granted. 21.4 When an abatement is granted, the amount of the abatement shall be calculated based on the total sewer e charge for the estimated amount of water lost less the coat to convey and pump the estimated amount of water lost through the sewer system and treatment plant. The Superintendent shall be responsible for calculating, on an annual basis, the coat to convey and pump uncontaminated water through the saver system and treatment plant. The basis for this calculation shall be the prior fiscal year's operation and maintenance coats of the system and plant. 21.5 When an abatement is granted, the Superintendent shall be responsible for taking the necessary steps to correct the appropriate billing records to reflect the abatement or to process a credit where the sewer use charge in question has been paid. 21.6 any abatement exceeding five hundred dollars ($500) must be reported to and confirmed by the appropriate committee of the City Council prior to final approval and the processing of a correction or credit. 95-359 (AS AMENDED) 21.7 My ratepayer who disagrees with the decision of the Superintendent to deny an abatement or with the amount of an abatement calculated by the Superintendent, may, within 30 days of the date the ratepayer is notified of the Superintendent's decision, appeal the decision to the appropriate committee of the City Council. Appropriate City staff shall notify the ratepayer of the date, time, and location of the meeting at which the appeal will be considered. In order for the appeal to be considered, the ratepayer aM/or his or her representative moat be present at the meeting. At the request of the ratepayer, consideration of the appeal may be postponed to a future meeting to be held within 60 days of the date established for the original seting. Failure of the ratepayer to appear before the committee at the originally scheduled meeting or at a subsequent meeting called at the ratepayer's request shall result in the denial of the appeal. The decision of the appropriate committee of the City Council shall be final. 21.8 Abatements Shall not be granted for water used for watering lawns, gardens, filling swimming pools, or other outside water uses. Ratepayers may, however, at their own coat, install a secondary water meter that will measure only water used for outside water use purposes and/or only for purposes of filling indoor swimming pools. Installation of the meter moat be by a permit granted by the Superintendent or his or her designee. The installation must also be permitted by appropriate City staff to insure that the meter meets all requirements of the plumbing and building codes and is used only to measure water actually used for outside water use purposes. The City Council may establish, by order, appropriate fees for this permit. The City reserves the right to periodically inspect such meters to insure continued compliance with the requirements of this subsection. Should it be determined that solations of this subsection have occurred, the permit for this secondary meter shall be revoked and the ratepayer shall be subject to a fine equal to the amount the ratepayer would have been charged in sewer use fees since the date of installation of the ondary meter or for eight full quarters, whichever shall be the lesser. The ratepayer shall be responsible for reporting to the Superintendent or his or her designee the reading on the secondary meter. This report moat be made no later than three working days after the data the ratepayer's primary water meter is normally read. Failure to report the reading in a timely manner will result in any adjustment appearing on the ratepayer's next quarterly bill. Where a secondary meter is installed, the ratepayer will he 95-359 (AS AMENDED) granted an abatement which will be calculated in the same manner as outlined in Section 21.4 above for lost water. 21.9 My ratepayer who uses water in its and manufactured product which is shipped from the ratepayer's facility or in the process of manufacturing a product or providing a service and where such water does not enter into the sewer system, either in whole or in part, may apply for an abatement of the sewer use fee equal to that portion of the water which does not reach the City's sewer system. The applicant shall bear the burden of providing the necessary proof and documentation as to the amount of water used which does not enter into the saver system. adequate documentation must accompany the request for ahatement and must clearly demonstrate the quantity of water used which does not enter into the sewer system. A11 such requests for abatement shall be made to the Superintendent who shall be responsible for researching the basis for the abatement as well as the adequacy of the information provided. The Superintendent shall provide to the appropriate Council Comeittee his or her reconeandation as to whether the abatement should or should not be granted. The appropriate Council Committee shall make the final determination as to whether the abatement shall or shall not be granted. All such abatements shall be limited to a period of no re than three years. At the end of this period, the ratepayer may apply for a new abatement. During the period in which an abatement is in effect and for one year following the expiration of the abatement, the City reserves the right to periodically inspect the ratepayer's premises and records to insure that the ratepayer Is in compliance with the abatement. Should It be determined that the information provided by the ratepayer is invalid, that changes have occurred in the ratepayer's processes which have the effect of Increasing the amount of water reaching the sewer system, or that more water is reaching the sewer system than reported by the ratepayer, the Superintendent may revoke the abatement and the ratepayer shall be subject to a revised user charge equal to the full value of the abatement for the prior three-year period or the period in which a current or prior abatement was in effect, whichever is lesser. The amount of the abatement shall equal the full sewer use charge for water documented to not reach the sewer system less a quarterly charge established by order adopted by the City Council to recover expenses associated with administering the abatement. 21.10 nev�nrDiscounte The appropriate Council committee, at its sole discretion, may approve, subject to the following provisions, a sewer use charge discount for new businesses or existing businesses 95-359 (AS AMENDED) which expand. Such discounts will be available based on the number of full-time equivalent new jobs created by the business. The discount shall be limited to the capital portion of the saver user charge. Any discounts granted shall be authorized for a period not to exceed five years and shall proportionately decrease each year. The sewer use discount shall be computed in accordance with the percentages and job creation categories shown on the following table. Development Discount Sewer Use Computation Table Percentage Discount Numher of Sobs Created Capital Portion of Sewer Use Pee 100+ 100 80 60 40 20 75-99 00 64 48 32 16 50-74 60 48 36 24 12 25-49 40 32 24 16 0 30-24 20 16 12 8 4 9 or less 0 0 D 0 0 Any business which hoe been granted a development discount must, on an annual basis, report to the Sewer Treatment Superintendent the number of new full-time equivalent jobs which continue to exist. Should this number either increase or decrease to the extent that the business receiving the discount moves from one job creation category to another, the discount shown in the computation table shown above for the number of new full-time equivalent jobs then reported shall apply for that year of the five-year discount period. In order to be eligible for such discount, the business seeking it must be located within the corporate boundaries of the City of Bangor, be subject to the Payment of full municipal property taxes, and have made significant investment in an existing or new facility. A significant investment shall be defined as the construction of a new facility or the investment of an amount equal to at least 20% of the preexisting assessed value of anexisting facility in renovation, expansion, or equipment coats associated with the location or expansion of the business. This discount shall not be available to businesses which have purchased other existing businesses unless additional new employment is created or the business purchased has not been in operation for a minimum period of six months. It shall also not be available to businesses which recall Laid -off workers or increase employment due to a prior reduction in force unless such layoffs or reductions have been in effect for a period of more than one (1) year. 95-359 (AS M NDM) AND, DH IT FURTHER ORDAINED, THAT: Chapter V, Article 9 of the Daws and Ordinances of the City of Bangor are hereby amended by renumbering the existing Section 21 and all subsections thereto as Section 22. 95-359 (�< MEMO To: Members of the Municipal operations Committee From: Edward A. Sarrett, City Manager Re: Wastewater Treatment Rates and Abatements Ordinance Date: August 17, 1995 The attached ordinance amendment dealing with abatements and discounts has recently been reviewed by the Ad -Roc Sewer Committee which recommended a number of changes and revisions. These have been incorporated into the revised draft. The following changes have been made: 1. Section 21.1. A time limit has been added for ratepayers to request an abatement. The recommendation is 120 days from the billing date. This allows for situations where ratepayers are not in town or other delays where a ratepayer may not be aware of the problem bill. 2. Section 21.8. This section involves secondary meters for outelding watering. The change allows secondary meters for indoor swimming pools as wall. 3. Section 21.8. The abatement for secondary meter usage was originally established to be for the full amount which goes through that meter with provision for an administrative charge for each abatement. The revised section abates this change in the same method that is used for lost water (the difference between the charge for transport and pumping clean water and the full change). Brad Moore is working on developing information on what this actually means per consumption and this will be available to you on Tuesday. 4. Section 21.10 Development Discounts. The first change (first sentence) clarifies that such discounts are discretionary. This insures that the Council Committee reviewing these requests can base their decision not only on meeting the formal requirements but also the intent of this section. At the end of this section, eligibility requirements have also been revised and clarified. Sales of businesses and employment resulting from re -hires after lay-offs or reductionsin force have been addressed. We look forward to reviewing the ordinance with you. Additional information on secondary meters programs, capital charges, and other related issues has also been provided. Pcu�QAV Edward A. Barre�ttp, City mass or Ens/jar/ - nO peA ,p .--v MtMnnne•NlL�lek4t1&�.R..,01JM.,,f.P}�/-O c,AA..y��d��,n:ry A. ar.oq. I�ILa�C�On �IIVW0.CJNau7 95-359 Agw5pat to Councilor Tyler August 14, 1995 CITY OF BANGOR (TITLE.) Orbs ime, amending Chapter V, Article 9,-Sectlon 20.1, --- Adding a New Section 21, and Renumbering the Brlsting Section 21 of the Laws and Ordinances of the City of Bangor --wastewater Treatment Rates and Abatements Be it ontabmI by Ne Oily CouvwU oftAe City of Bangor, m fdl v THAT: Chapter V, Article 9, Section 20.1 of the Laws and _Ordinances of the City of Bangor is hereby amended as follows: Section 20. Wastewater Treatment Rates 20.1 All persons within the City who are, or will be, connected into the City's POW shall ba subject to a sewer use charge. A schedule of chargee shall be established from time to time by City Council Order._ The sewer use charges are to bs based on water meter readings of the user, type of wastewater discharged to the P0W based on the use of the user's premises and/or other paraneters determined by the City to be necessary to cover the coat of construction and operation and maintenance of the City's POW. The-az-sinrl!be-am Section 21 belev. So long as users in the Town of Hermon are billed by the City, Hermon users may be billed in a Wearer that is the same or different frame, the City's veers. (NOTE: For Sections 20.1 deletions are strack-out; additions are underlinedl. BE IT FURTHER ORDAINED, THAT: Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor is hereby rounded by the addition of the following new Section 21 as follows: -Wl . 21.1 Abatements of sewer use chargee may be granted by the Superintendent of the Wastewater Treatment Plant upon application of a rate payer where the rate payer can 95-359 demonstrate that a 'loss" of water occurred due to no fault of the rate payer, his or her agents, or employees. Rate payers are responsible for exercising due care in the maintenance of their water and sewer systems to prevent water losses. For purposes of an abatement, "due c shall be "fined as the normal and reasonable steps which would be taken by a prudent individual in operating and maintaining their water and sewer systems. 21.2 Valid reasons for a request for abatement include, but are not necessarily limited to, unanticipated water pipe breakage, plumbing fixture malfunction, beating system malfunction, and vandalism. Upon notice o knowledge of such circumstances, the rate payer is responsible for taking appropriate and timely action to remedy the problem. 21.3 The Superintendent shall be responsible for researching the basis for the requested abatement in light of the "due care' standard established in Section 21.1 above. He or she shall make a record of the results of the investigation which shall include an estimate of the amount of water lost. The estimate of water lost shall be based on a minimum of the previous four quarters of water consumption, if available, and consideration of seasonal water use patterns. This estimate of water loss shall be used to calculate the amount of the abatement should one be granted. 21.4 when an abatement is granted, the amount of the abatement shall be calculated based on the total sewer use charge for the estimated amount of water lost lees the cost to convey and pump the estimated amount Of water lost through the sewer system and treatment plant. The Superintendent shall be responsible for calculating, an an annual basis, the coat to convey and pump uncontaminated water through the sewer system and treatment plant. The basis for this calculation shall be the prior fiscal year's operation and maintenance costa of the system and plant. 21.5 when an abatement is granted, the Superintendent shall be responsible for taking the necessary steps to correct the appropriate billing records to reflect the abatement or to process a credit where the sewer use charge in question has been paid. 21.6 Any abatement exceeding five hundred dollars ($500) moat be reported to and confirmed by the appropriate committee of the City Council prior to final approval and the processing of a correction or credit. 95-359 21.7 My rate payer who disagrees with the decision of the Superintendent to deny an abatement or with the amount within 30 days of the date the rate payer is notified of the Superintendent's decision, appeal the decision to the appropriate committee of the City Council. Appropriate City staff shall notify the rate payer of the date, time, and location of the meeting at which the appeal will be considered. In order for the appeal to be considered, the rate payer and/or his or her representative must be present at the meeting. At the request of the rate payer, consideration of the appeal may be postponed to a future meeting to be held within 60 days of the date established for the original meeting. Failure of the ratepayer to appear before the committee at the originally scheduled meeting or at a subsequent meeting called at the ratepayer's request shall result in the denial of the appeal. The decision of the appropriate committee of the City Council shall be final. 21.8 Abatements shall not be granted for water used for watering lawns, gardens, filling swimming pools, or other outside water uses. Ratepayers may, however, at their own cost, install a secondary water meter that will measure only water used for outside water use purposes. Installation of the meter must be by a permit granted by the Superintendent or his or her designee. The installation moat also be permitted by appropriate City staff to insure that the meter meets all requirements of the plumbing and building codes and is used only to measure water actually used for omtaide water use purposes. The City Council may establish, by Order, appropriate fees for this permit. The City reserves the right to periodically inspect such mature to insure continued compliance with the requirements of this subsection. Should it be determined that violations of this subsection have occurred, the permit for this secondary meter shall be revoked and the ratepayer shall be subject to a fine equal to the amount the ratepayer would have been charged in sewer use fees since the date of installation of the secondary meter Or for eight full quarters, whichever shall be the lesser. The ratepayer shall be responsible for reporting to the Superintendent or his or her designee the reading on the secondary meter. This report must be made no later than three working days after the date the ratepayer's primary water meter is anally read. Failure t0 report the reading in a timely manner will result in any adjustment appearing n the ratepayer's next quarterly bill. where a secondary meter is installed, the ratepayer will be granted an abatement of the full sewer user charge for water use recorded by the secondary meter less a 95-359 quarterly charge to be established by an order adopted by the City Council to recover expenses associated with administering a secondary meter program and to recover a portion of the cost of transporting and treating outside water which may enter into the City's sewer system. Such charge shall be applied for each and very instance where a ratepayer reports the reading of the secondary meter. 21.9 Any ratepayer who uses water in its end manufactured product or in the process of manufacturing a product or providing a service and where such water does not enter into the sewer system, either in whole or in part, may apply for an abatement of the sewer use fee equal to that portion of the water which does not reach the City's sewer system. The applicant shall bear the burden of providing the necessary proof and documentation as to the amount of water used which does not enter into the seven: system. Adequate documentation must accompany the request for abatement and must clearly demonstrate the quantity of water used which does not enter into the sewer system. All such requests for abatement shall be made to the Superintendent who shall be responsible for researching the basis for the abatement as well as the adequacy of the information provided. The Superintendent shall provide to the appropriate Council Committee his or bar recommendation as to whether the abatement should or should not be granted. The appropriate Council Committee Shall make the final determination as to whether the abatement shall or shall not be granted. All such abatements shall be limited to a period of no more than three years. At the end of this period, the ratepayer may apply for a new abatement. During the period in which an abatement is in effect and for one year following the expiration of the abatement, the City reserves the right to periodically inspect the ratepayer's premises and records to insure that the ratepayer is in compliance with the abatement. Should it be determined that the information provided by the ratepayer is invalid, that changes have occurred in the ratepayer's processes which have the effect of Increasing the amount of water reaching the sewer system, or that more water is reaching the sewer system than reported by the ratepayer, the Superintendent may revoke the abatement and the ratepayer shall be subject to a revised user charge equal to the full value of the abatement for the prior three-year period or the period in which a current or prior abatement was s in effect, whichever is lesser. The amount of thestatement shall equal the full sewer use charge for water documented to not reach the sewer system less a quarterly charge established by order adopted by the City Council to recover expenses associated with administering the abatement. 95-359 21.10 Development Discounts. The appropriate Council o®ittee may approve, subject to the following provisions, a sewer use charge discount for new businesses or existing businesses which expand. Such discounts will be available based on the number of full-time equivalent new jobs created by the business. The discount shall be limited to the capital portion of the sewer user charge. My Discounts granted shall be authorized for a period not to exceed five years and shall proportionately decrease each year. The sewer use discount Shall be computed in accordance with the percentages and job creation categories shown on the following table. Development Discount Sewer Use Computation Table Percentage Discount Number of Jobe Created Capital Portion of Sewer Use Fee rtt Yr. 100+ 100 80 60 40 20 75-99 80 64 48 32 16 50-74 60 48 36 24 12 25-49 40 32 24 16 8 10-24 20 16 12 8 4 9 or lees 0 0 0 0 0 My business which has been granted a development discount must, on an annual basis, report to the Sewer Treatment Superintendent the number of new full-time equivalent jobs which continue to exist. Should this number either increase or decrease to the extent that the business receiving the discount novae from one job creation category to another, the discount shown in the computation table shown above for the number of new full-time equivalent jobs then reported shall apply for that year of the five year discount period. In order to be eligible for such discount, the business seeking it =at be located within the corporate boundaries of the City of Bangor, be subject to the payment of full municipal property taxes, and have constructed a new facility, physically expanded an existing facility, or invested an amount equal to at least 208 of the assessed value of an existing structure in renovation and equipment coats associated with the location or expansion. AND, BE IT FURTHER ORDAINED, THAT, Chapter V, Article 9 of the Laws and Ordinances of the City of Bangor is hereby amended by renumbering the existing Section 21 and all subsections thereto as Section 22. IN CITY CONSIL August 14, 1995 First Reading Referred to Municipal One one CITY CUM IN CITY CONSIL August 28, 1995 Steve 8gland, 200 Seventh St., asked that this ordinance be Clarified. City Manager Barrett explained this ordinance to Mr. Boland. Motion to Amend by Substitution Passed as amended by Substitution Vote: 8 Yes, 1 Absent Councilors voting Yes: Baldacci, Blanchette, Frankel. Popper, Soucy Sullivan, Tyler 6 Woodcock Counclh r Absent: Cobert I CITY Cbw 95-359 ORDINANCE TETIE,) Amending. Chapter V. Article 9, Section 20.1, Adding A New Section 21, and Renumbering the Existing Section 21 of the Laws and Ordinances of the City of Bangor Wastewater Treatment Rates and Abatements Q. \^\� Awip�eOto A�4 U c6MIsmua