Council sets policy for water investment fees

The Moorcroft Town Council has been working toward finding and implementing a more impartial solution regarding the inequitable billing of the water investment fees for quite some time and has moved forward another step by amending the ordinance governing these fees. Once written and approved, the council says it plans to enforce these changes.

The municipal water investment fees in Moorcroft have historically been uneven, with certain apartment units and trailer parks paying the full fee per unit/lot and others only for the one meter, though they rent several units under that meter. Clerk/Treasurer Cheryl Schneider reported that there are currently approximately 50 units/lots in town that are not billed investment fees.

This affects the amount paid by those who are billed according to the ordinance by raising the rate needed to cover loans for infrastructure. Schneider shared the example of the upcoming Powder River Water Project: “When we anticipated the increase for the numbers to come out where we needed it to be, [it] included those 50 users paying the full amount.”

When Councilman Dale Petersen suggested cutting the cost whether or not the space is rented, Councilman Ben Glenn disagreed, saying, “I feel that when it’s occupied, they should have to pay the full investment [fee].”

Schneider concurred, “I have to agree with Councilman Glenn, if we were going to look at any kind of cut at all, I don’t think we should cut the investment fee. I’m real worried about the money that we have tied [up] and the future improvements that we have that we’re not going to be able to make that payment.”

Mayor Dick Claar expressed his concern over “future loans that we don’t even know if we’re going to go after”. However, Councilmen Owen Mathews told him that they are mandated to deal with the lagoon so they will have to seek that funding in the near future as well as the Powder River Water Project, saying, “We’ve gone through all that expense; that one’s the one that’s coming.”

The issue at hand was reiterated by Schneider: “We’re talking about making those who already have availability to the town pay the investment fees.”

“Basically,” added Smoot, “telling the people who currently aren’t paying to actually pay.”

The council chose to discount the investment fee for an unoccupied unit or lot to 40 percent of the full charge and the full fee for each occupied rental.

The mayor expressed his concern for the people who rent from the property owners who refuse to pay, saying, “What are we going to do? Are we going to shut the water off?”

Smoot responded that if the owner does not pay, then yes, the town will turn the water off to the building.

The situation is difficult admitted the entire body, however, they also accepted the responsibility. Said Mathews, “We’re either going to enforce our rules or we’re not.”

Smoot, who owns two rental properties to which he had the water shut off, stated, “I’m still paying investment fees on those. That’s acceptable to me because that gives me the access to that water. Those costs are already factored into the other side of the property”. He said that he understands that these renters may include families, “but that would be the fault of the property owner”.

Claar admitted that he was concerned that the owner didn’t care if the renter’s water might be shut off. Glenn recognized the mayor’s angst, “I know what you’re saying, we want to be compassionate [and] these choices aren’t easy.” Petersen, too, acknowledged that there is “no easy solution”.

With that said, “Everybody has to have some buy in,” opined Petersen. He does not want the rental properties to pay full price on each space, though, because “First off, they’re all temporary dwellings; just to make it as fair as possible.”

An ordinance charging the full amount investment fee for each unit/lot occupied with a minimum of one and 40 percent for each one shut off or not occupied, excluding RV parks, will be given to Town Attorney Jim Peck to examine before bringing the law to council for approval.

At this time, the town allows the property owners to report to the clerk’s office when someone moves in, adjusting the fee, but this has proven to be an unreliable means. Public Works Director Cory Allison asked how the governing body would choose to police the situation. The group is currently researching their options regarding a better means of identifying occupied units.