Wednesday, May 25, 2011
 
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Council continues pondering options on delinquent sewer bills

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[May 25, 2011]  "Just to inform the council, I'd like to contact (a property owner, landlord) and tell him we're going to dig up his sewers. He owes the city $12,944," Alderman Buzz Busby said as he opened the topic of what to do about delinquent sewer accounts in the city of Lincoln.

"Using a collector is not going to solve the problem. Either dig them up or shut their water off -- that will solve the problem," Busby concluded.

Soon after, though, Alderwoman Stacy Bacon said she felt it would do no good in that particular case to dig up the sewer, because the landlord, with multiple properties in Lincoln, was not going to care one way or another.

She along with John Lebegue, building and safety officer, recounted to the council that the landlord has at least one property in foreclosure and two others with delinquent property taxes.

"He's not paying anyone," Bacon said, "so it will do no good."

The city of Lincoln is facing a delinquent account balance in the sewer department that is drawing close to $250,000.

Exterminator

For years, they have pondered what to do about this situation. Busby noted that it was five years ago that the city started talking about what to do, with options that included water shut-offs or turning the sewer billing over to Illinois American Water.

Over the years, several of the aldermen have expressed concern about allowing the sewer bill to go to the water company, and these same concerns were voiced again at the Tuesday night workshop.

Alderman Tom O'Donohue spoke about passing an additional financial burden on to city residents, saying that Illinois American will add $1 per month to the sewer bill for administrative costs.

Anderson agreed that she was opposed to forcing the extra dollar on taxpayers, but the city couldn't absorb it, so that would be the only option.

In addition to the $1 per month, Illinois American is asking for a net payment of $10,000 from the city for the startup costs.

According to excerpts read by city attorney Bill Bates, the $10,000 will be amortized over a period of time and deducted from what the water company collects before it reimburses the city.

He also noted that if the city exits the contract prior to the full amortization, the balance would then be due and payable in full.

The city has also just recently purchased new software for the sewer billing and is set to start using it in July. With turning over the billing to Illinois American, that software would no longer be needed, and the position of sewer billing clerk would be eliminated.

Busby said he felt like it was still a viable option. The billing clerk; Doris Anderson, could be reassigned to other duties, and the part-time employees in the clerk's office could be let go.

Because of liability issues, the city recently vetoed entering into a shut-off agreement with Illinois American. In the contract presented to the city, Illinois American was to be held harmless in almost every liability issue that could come from the water shut-offs.

Bates, Mayor Keith Snyder and Busby had contacted the company and asked for a rewrite of the liability issues but did not get a satisfactory response.

Chuck Conzo, city treasurer, said Tuesday night that he and Denise Martinek, city clerk, had contacted Jerry Turner, the city treasurer of Belleville, and together had discussed their sewer account collections in detail.

Belleville uses Illinois American as their water provider and does their own monthly billing for sewer and garbage.

Conzo said Turner told them Belleville has a shut-off agreement with Illinois American Water and it works very well.

Turner said that prior to entering into the agreement, the city had about 25 percent of their billings going unpaid. Once they started shutting off water, they have enjoyed a nearly 100 percent collection of fees.

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Turner told Conzo and Martinek that Belleville also uses a collection agency for the accounts where the debtor "skips town."

In Belleville, once the water is shut off, the customers have to pay their delinquent accounts; plus, they are assessed a fee for the shut-off and another fee for having the water turned back on, both of which must be paid before service is restored.

Conzo said he asked about the liability issues in the Illinois American contract, and Turner wasn't aware of any concerns the city had with the contract.

Alderman David Wilmert wondered what was different in Belleville that they were not concerned, and Conzo said he wasn't certain that Belleville had the same contract as what was presented to Lincoln.

Conzo said the contract at Belleville has been in effect several years, and the liability wording may not be the same.

He also noted that Lincoln doesn't have to do just one thing. They could choose to use a collection agency for some and water shut-offs or sewer digs for others.

Library

Conzo's last suggestion was to use door hangers, as had been discussed a few weeks ago. He said that in light of the ordinance Bates had read aloud last week indicating that the sewer bills are the joint responsibility of the property owner and tenant, door hangers would alert tenants who might not be aware there is a problem.

As the discussions moved on to the use of a collection agency, Alderwoman Marty Neitzel spoke about her decision to table the motion on last week's agenda, saying she had had second thoughts, wondering if it was the right thing to do.

She told the council that at the next voting session, which will be on June 6, she will make the motion and give everyone the opportunity to vote one way or the other.

"We have to get something going," she said. "It isn't fair for some to pay their bills when others don't."

Snyder also wondered if the city should try a few shut-offs to see what happens, and it was mentioned that to do that, the city would have to sign the Illinois American contract as is with the liability issues unresolved.

Wilmert also commented on the shut-offs, saying he would want the city to choose property owners with a vested interest. He wants the shut-off to take place at locations where the owner occupies the dwelling.

By the end of the discussion, no new motions regarding shut-offs had been added to the agenda. The next voting session will have only one motion: to hire Midwest Collections to go after delinquent sewer accounts, via their own collection methods.

The city of Lincoln does publish the delinquent sewer list on the city website, and it can be viewed by following this link: http://www.cityoflincoln-il.gov/images/stories/pdfs/sewer list.pdf.

[By NILA SMITH]

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