Fort Walton Beach Council agenda — 01-07-12 retreat — reading text

tonicraig @cox. net] Sent: Monday, July 20, 2009 5: 50 PM To: Kim Barnes Cc: Brandy Wunker, Robert Mearns Subject: RE: Terminating Utility Accounts Kim Thank you for the additional Information. In your question below, you say that Mr. Patrick is asking for a copy of an ordinance or resolution that allows us to continue charging once the service has been discontinued." By " discontinued," I assume you mean " discontinued" in the sense of section 10. 53. 03 of the Code, and not " terminated" in the sense of closing the account. If that assumption is correct, then a specific answer to Mr. Patrick' s question, is in sec. 10. 52. 02, Bases of Minimum Charges, of the Code of Ordinances. Section 10. 52. 02 states " Minimum monthly residential and commercial charges for water service shall be established by the city council by resolution, in the general fee schedule. To further clarify, any residential or multiple residential meter up to two inches in size has a minimum water charge the same as a three - quarter -inch meter. Any residential or multiple residential unit using a meter above two inches in size will be charged by meter size as listed under the commercial heading." This section allows the minimum monthly charge based on the existence of a meter. Then, sec. 10. 52. 04, Bases of Monthly Charges, of the Code of Ordinances states: " The charges shall be based on the minimum fee, plus any consumption over 4, 000 gallons." The minimum charge in section 10. 52. 02 is not based on a minimum consumption. The minimum meter charge actually expires at a maximum consumption of 4000 gallons. Additionally, the law holds a property owner /user responsible for monitoring his or her property and that would include the water service to that property. An owner /user is responsible for ensuring that he or she closes /terminates the account if no further services are necessary. Otherwise, the City would be responsible for determining whether a disconnect for delinquency is intentional or not and, as you say, perhaps disconnecting service when there was merely an oversight by the customer. The City' s policy of allowing 60 days of non -payment before terminating on account Is reasonable and I agree that it limits unpaid /uncollectible balances and helps avoid as many charges as possible to the customer' s account. In conclusion, terminating an account would discontinue service while discontinuing service ( or having the service disconnected as a result of delinquent payments) would not terminate the account until 60 days pass. Therefore, I advise that 1) section 10. 53. 04 of the Code may need revision for clarity, 2) your division should have a written policy on terminating an account and Packet Pg: 136  4. B. a 3) the application for services should explain the minimum charge and the difference in discontinuance and termination. In the procedures, 1 would caution against allowing termination requests over the telephone. If a person wants to close /terminate the account, the request should have to be made in person by an individual authorized to negotiate the account. Thank you for allowing me to assist with this matter, and again, I apologize for the delay. Toni L Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www. tonicraig. info From: Kim Barnes [ mailto: kbarnes @fwb. org] Sent: Monday, July 20, 2009 2: 57 PM To: Toni Craig Cc: Brandy Wunker; Robert Mearns Subject: RE: Terminating Utility Accounts Toni, Please see my responses in red: Does the City have a written administrative policy regarding: a) disconnects —See attached CS -3 Delinquency & Discontinuance of Service policy, b) term, nation of accounts— No written policyr c) application of deposit monies —See attached CS - 1 Utility Service Application policy. Procedure 44. Also, please send me the documents that individuals fill out when they come in to open an account, re- establish an account, close an account, or turn -on service again after a disconnect. See Larry Patrick' s Service Application attached. When a customer applies for service, we obtain all pertinent information ( name, address, etc), enter it into the system, print the " Customer Service Application' and have the customer sign the form. close an account - Closing an account can be done in person or by telephone. If a new customer applies for service at a location, this automatically closes the existing account. No written policy. Finally, more for my information and not perhaps related to this issue, are the fees /penalties, etc., listed in the Fee Schedule? See Attached Fee Schedule eff 10 -01 -08 Utility Services. Do you allow payment by credit card? Yes. Do you charge a surcharge for credit card payments? Yes. Please let me know if you have any questions. Tim M, Barnes Customer Service Administrator City of Fort Walton Beach, FL kbarnes(di wb. om 850 -833 -9624 Original Message---- - From: Toni Craig [ mailto: tonicraig @cox. net] Sent: Monday, July 20, 2009 1: 51 PM To: Kim Barnes Cc: Brandy Wunker; Robert yearns Subject: RE: Terminating Utility Accounts Kim I apologize for the delay in this response. At this time, does the City have a written administrative policy regarding disconnects, termination of accounts, and application of deposit monies? If yes, may I see it. Packet Pg. 137  4. 8. a Also, please send me the documents that individuals fill out when they come in to open an account, re- establish an account, close an account, or turn -on service again after a disconnect. Finally, more for my information and not perhaps related to this issue, are the fees /penalties, etc., listed in the Fee Schedule? Do you allow payment by credit card? Do you charge a surcharge for credit card payments? Upon receipt of this information, I will expedite this opinion. Thankyou. Toni I. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 www. tonicraix. info From: Kim Barnes [ mailto: kbarnes @fwb. org] Sent: Wednesday, July 01, 2009 4: 58 PM To: tonicraig @cox. net Cc: Brandy Wunker; Robert Mearns Subject: FW: Terminating Utility Accounts Toni, The following is the process customer service follows regarding non -payment of a utility account, discontinuance of water service due to non -payment, and terminating the utility account: 1. Section 10. 53. 03 addresses the discontinuance of service due to non -payment after 30 days from the bill date. Our cut -off dates for non -payment are always 31 days or more, depending on weekends, holidays, etc. ( Attached is the notice sent to customers approximately 2 weeks prior to the discontinuance of service.) There are many customers who fall into this category, but eventually, make arrangements for payment and have service re- instated. 2. When the unpaid account shows up on the second cut -off list (60 days), our process is to terminate the account which stops all charges. This process allows 2 regular monthly bills plus penalties and fees, and a final bill to be generated. Terminating the account stops the minimum monthly bills from continuing to add to the account PLUS applicable penalties and fees that would also continue to add to the account. If we terminate the account at the same time we discontinue service, this would result in customers who are always late, customers who have over looked the bill, customers who are out of town, etc. to have their existing deposits applied to their account, came into City Hall, re- establish their account, and be forced to come up with another deposit. We have a customer ( Mr. Larry Patrick) asking for a copy of an ordinance or resolution that allows us to continue charging once the service has been discontinued. His opinion is that once we discontinue service, we should terminate the account to eliminate any additional bills /penalties /fees from accumulating. We have implemented this process to help reduce the amount of unpaid /uncollectible balances and avoid as many charges as possible to the customer' s account. In years past, the process was to let the account continue for months and months which generated hundreds of dollars. Mr. Mearns has asked that we obtain your opinion on this process of terminating a customer' s account after 2 months of non -payment. Please let me know if you have questions or need additional information. Thanks, Control # 090094 Packet Pg. 138  F4 8.. a 1Cim M. Oames Customer Service Administrator City of Fort Walton Beach, FL kbarnes(a)fwb. om 850 -833 -9624 Please Note: Florida has a very broad public records law. Most written communications to or from City of Fort Walton Beach officials are public records available to the public and media upon request. 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