BRISTOL — Karyl Court, the former Beech Street Apartments, has a long history of complaints by the town, but at the end of 2014, with water and sewer bills remaining unpaid and the building’s electricity having been shut off, Bristol decided it was time to take action and stopped its water supply.
Water and Sewer Superintendent Jeff Chartier said the Karyl Court Condo Association had ceased paying its bills in July 2014, and his department sent a notice that water would be shut off after 30 days if the account was not paid. He delayed taking any action because there were children in the complex, but after they moved out, he shut off the water in December of that year.
Norm Hebert, who assumed leadership of the condominium association last year, admits that the association had “fallen apart” when some of the owner-investors found they were having a hard time renting the units and the renters they had were failing to pay. “So the owners stopped paying as well,” he said.
Hebert attempted to get things back on track by paying off the association’s $11,013 in water and sewer liens on March 2, 2017. He thought that would allow the town to turn the water back on, but Chartier told him that, because of its history, the association would have to install individual meters for each unit.
Chartier said Karyl Court is a unique situation, having a single master meter for the entire complex. Most condominium associations install individual meters so each owner is responsible for his own water usage. He noted that water rates are lower for individual meters, which are charged the residential rate, while a single master meter gets charged at the commercial rate.
The minimum unit charge for residential meters is $31.19 per quarter, with an “overage charge” of $5.03 per 100 cubic feet of water beyond the basic 500 cf. (3,740 gallons) allowed. The commercial rate is $33.76 per quarter, plus $5.60 per 100 cf. after the first 500.
The town’s minimum water and sewer charges continue to accrue, even when the water is turned off, Chartier said, because it is considered an availability charge for the distribution, collection and treatment systems that are in place.
“These charges support bond payments, staffing, a portion of system maintenance and repairs,” he explained.
“The overage charge is the portion of the rate that represents what it costs to keep the water flowing, and the treatment of the wastewater, such as pumping cost, chemicals, electricity, a portion of system maintenance and repairs, and any other cost that may factor into moving the water and wastewater throughout the distribution, collection, and treatment system and processes. Overage charges are not charged to customers when their water is off,” he said.
Two of the units already had installed separate meters by the time of the shut-off, and another put in a meter to restore its water supply after the complex was shut down. A fourth unit met its needs by carrying water and using a camp shower. All four were still liable for their portion of the common water supply, and they paid separately to remain up to date with their portion.
After Hebert purchased two units and took over as president of the condominium association, he reconnected the master meter and ran pipes through the hallway to his units, according to Chartier. When the town learned of it, they called in the police department to investigate what they considered theft of services.
No charges were filed, since the water was being metered, but the town demanded that the remaining 12 unit owners without meters agree to install individual meters.
Hebert said the list price for the meters was $800, which would make the total cost $18,000, which he found to be exorbitant.
Hebert complained about the situation to the Bristol Board of Selectmen in a Jan. 2 email, saying that to expect the 12 remaining unit owners to agree to install individual meters was overly optimistic.
“The overwhelming majority of these owners were behind in their condo fees by many thousands of dollars; …seven of these units were currently in litigation and the remainder would likely soon be, such that obtaining written consent from all 12 of them so as to effect this conversion would be ‘impossible,’” he wrote.
Hebert also asked that “all water and sewer fees billed from March 3, 2017, until whenever the existing common meter is ‘properly connected’ should be waived in full, and the re-connection of our water service should be undertaken immediately!”
The selectmen agreed to remove the requirement that all owners had to agree to individual meters before turning on the water, but individually, each owner would have to install a meter in order to have water service.
The selectmen also agreed to waive the portion of the water and sewer fees accruing between November 2017 and the end of March 2018, and waived the impact fees and labor costs associated with the installation of the meters, which lowered the per-meter charge from $600 to $485. They also agreed to hold the rates to the old level, rather than implementing the 5 percent increase that selectmen had approved at the end of 2017. The reduced rates will be offered through Jan. 1, 2019, after which regular rates would apply.
Hebert remained determined to fight the charges, claiming the town had inflicted the association with $97,000 in gross damages.
“They left us with no water for 10 months, until mandating the new meters. They just gave me an ultimatum, and won’t talk with me. They told me I was persona non grata and wouldn’t even let me come into the building.”
Town officials deny telling Hebert not to come into the Bristol Municipal Building.
Code Violations
Land Use Manager Christina Goodwin said that problems with Karyl Court predated her employment with the town. She first got involved with the complex in 2013, after learning of documented complaints about trash building up in the common areas and lack of hot water, and in one case, no working refrigerator. There also were complaints about broken steps, doors, and windows, failure to remove trash from the outside bin, and life-safety code violations.
By the time the town shut off the water, the association’s failure to pay its electric bill had resulted in Eversource shutting off power to the building, so Goodwin said there was no heat in the common area, and the town had concerns about pipes freezing.
When the selectmen agreed to waive some of the fees to make it easier for the owners to install individual meters, Fire Chief Ben LaRoche also sent the association a letter, outlining the steps it would have to take to meet state fire codes. Among them: only owners, not tenants, are allowed to occupy the units until the fire and life-safety concerns are addressed; the non-operational fire alarm system needs to updated and tested; emergency lighting must be installed; hallways and exits must be free of obstructions; and a rear door has to be replaced.
Goodwin informed Hebert that any construction with a cost of more than $2,000 would require a land use permit from the town.
“I’m taking care of all the issues relating to fire safety,” Hebert said, adding that alarm specialists will be installing a new system, along with emergency lighting, on Feb. 21, and LaRoche is scheduled to come and test the equipment that afternoon.
“I’ll be all set with the fire department, and I never had a problem with them,” Hebert said. “This is all about the water. I don’t even have a problem with the individual meters; I would just like some kind of break on the cost.”
The town maintains that the concessions the selectmen made have provided the break Hebert has been seeking.
14 February 2018
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