Several City of Grand Forks residents, including a sitting city councillor, are in the process of disputing bills for pit water meter installations.
At the regular council meeting on Jan. 30, Councillor Julia butler advised that she would be recusing herself from discussion over letter from a regarding the water meter issue, noting that she was doing so because she was in conflict and currently disputing her own bill.
Butler later confirmed in an interview that she is disputing her water meter bill, which is for the amount of $2,662.14. Butler said she is disputing the bill because in June 2016 to install her own water meter in advance of the July 31, 2016 deadline set in Water Regulations Bylaw 1973-A1.
She said she emailed the request for information on how to install her down water meter to both the Chief Administrative Officer (CAO) and the Manager of Operations on June 6 and 8, 2016. Given a disclaimer statement of privacy at the bottom of the emails, Butler said she could not provide the emails to the Gazette at this time.
“I sent an email to the Manager of Operations and CAO stating that I would be installing my own meter as per the bylaw and to remove my name from the pit meter list,” she said. “Because I had asked to install my own meter, I don’t feel that I should have to pay for construction on public property.
Chief Adminstrative Officer Doug Allin said in an email residents were instructed on who to contact to arrange their own water meter installation.
“The city has a strict policy that all communications from Council to staff are to be channelled through the Mayor to ensure the one employee policy is adhered to. It is not appropriate for the Chief Administrative Officer who reports to Council to take direction from one member of Council,” Allin wrote. “I have reviewed the letters that were sent out to the 16 members of the public that were unable to arrange for their respective water meter to be installed as per the the bylaw in question. The letter directs customers who to reach in relation to arranging their respective meter installation.”
Butler said she is stressing that she is disputing her bill as a private citizen, and her dispute has nothing to do with her role as a councillor.
“I have to preface everything by saying I am speaking as a resident and not a city councillor, and I can only speak to my personal experience with this,” Butler said. “Outside of that I am in a conflict. All I can speak to is my own bill.”
Several other residents are also in the process of disputing their bills for various reasons. Sonja Gartner, a resident of Grand Forks for 21 years, said she is disputing her bill on the grounds that council is attempting to punish residents for a bylaw that was not yet adopted.
“In summer 2015 the city council introduced a draft bylaw 1973 regarding water meter installation. However, that bylaw was subsequently rescinded. Significantly, the law was not passed into law until January 11, 2016. The bylaw attempts to retroactively impose punishment and fines upon residents who had not schedule pit meters by Dec. 31, 2015,” Gartner wrote in a letter to council.
Gartner’s letter to council appeared at the Jan. 30 meeting; however because of a threat of legal action contained in the letter Grand Forks mayor Frank Konrad said council would not be discussing the issue. As a councillor, Butler recused herself from the discussion.
City of Grand Forks corporate office Diane Heinrich wrote in a press release that some of the confusion with the Bylaw 1973-A1 for water bylaw is with the repeal of the old bylaw.
“When a bylaw such as Bylaw 1973-A1 is replacing an existing bylaw(s) such as Bylaw 1973 and Bylaw 2014, a legislative process is required to ensure the City’s bylaw are continual.
“I believe the confusion lies with the resolution where Council had given staff direction to repeal Bylaw No. 1973 . . . to allow the amended 1973-A1 to take its place. This resolution was to give staff the instruction to start the process; Council cannot simply repeal a bylaw with a singular resolution.
“In the case of Bylaw 1973-A1, the repeal of the other two bylaws [Bylaw 1973 and 2014] were built into the new bylaw under Section 18 of the bylaw – it is a traditional method for repealing bylaws. Until the final adoption of the new bylaw was given by council, Bylaw 1973 and 2014 remained in effect until final adoption to 1973-A1 was provided on Jan. 11, 2016.”
Heinrich said any residents concerned with a bylaw can write to council to express concerns and have a right to be heard before council.
Otto and Susan Hoekstra are other homeowners who received a bill to the tune of $2,600, and will be disputing their pit meter charges, on the grounds that they disagree with the water meter program.
Butler said she is appealing her bill because she was uncomfortable having city staff enter her home.
“You get a free inside install, so it would have been free for me. I just did not want them inside my house, after everything we have been through, there are people I do not want in my house,” she said.
A contracted company completed the water meter installation, however Butler said she was uncomfortable with the potential for a city worker to come as well.
Section 11 of Bylaw 1973-A1 states that: If an Owner fails to install a Water Meter as required by this bylaw, the City may, upon giving notice to the Owner, install a Meter Pit and Water Meter at the Curb Stop at the sole cost of the Owner. Prior to and including July 31, 2016 the Owner will be responsible for the difference in cost between in-home installation and Meter Pit installation. After July 31, 2016, the Owner will be responsible for all costs associated with installation unless booked for installation on or prior to December 15, 2015.
Butler, who was elected as a city councillor in 2014, ran her campaign for council primarily on an anti-water meter basis. She said that while she could not comment on the exact process for disputing a bylaw bill, given the process utilizes her knowledge as a councillor, she said she was planning on appearing before council
“I was told to send a registered letter, so I did that [on Feb. 8], and every resident can also appear before council to appeal their bill, on any bylaw. I have asked that if [the bill] is not rescinded that I be awarded the opportunity to appear before council at an open council meeting,” Butler said. When asked how she would appear before council while also sitting as a councillor, Butler said that while she was unsure of how it would be handled, it would likely involve her recusal from the meeting before appearing before council.
