Tap tabled by Town

During the Dec. 17 meeting of the Saratoga Town Council, the council unanimously voted to table a water tap application submitted by Saratoga resident Randy Stevens. As was reported previously (see “Tapping into town services” on page 3 of the Dec. 18 Saratoga Sun), the application submitted by Stevens was for property along Hugus Ditch. That same property has been the subject of litigation between Stevens and the Town of Saratoga for several years.

Stevens informed the council he had been sent to them from the Carbon County Impact Joint Powers Board (CCIJPB) the week before for approval of the tap. Councilmember Jon Nelson, who serves as Town of Saratoga representative on the joint powers board, confirmed Stevens’ statement.

“We discussed the property to which he wants to extend a water service and it was the joint powers board’s ultimate motion to allow for the tap to be done, but the location of the meter is something that’s, per our town code, set by the council,” said Nelson.

Indeed, section 13.20.040 of the Saratoga Municipal Code reads, “All water meters shall be of a type, size and design approved by the town council and shall be installed in such manner and at such location as shall be directed by the town council.”

When Mayor John Zeiger asked Stevens where he wanted the water meter installed, Stevens replied it was his intention for the water meter to be installed on the northwest corner of lot 10 of his property. 

“The issue is, the ditch encroaches onto the property on that section and we’ve offered to the joint powers board that we’d give you an easement to put it on my property,” said Stevens. “There’s not enough room to put it between my property and the ditch.”

Nelson responded by informing the mayor and the rest of the council that he believed all water meters in town should be placed in the right-of-way for access. He added that, with where Stevens wanted to have the meter pit placed, the ditch restricted access to public works employees.

“So, my thought is if that’s the location that’s desired by Mr. Stevens, that it just needs to be on the north side of the ditch. The tap would then likely be off of the main there in Maple … and that the meter pit would be in the Maple Street right-of-way on the north side of the ditch,” Nelson said. “Then, just like everybody else, it’s the resident’s or the customer’s responsibility to get the service from the meter pit to wherever they want it on their property.”

With Maple Street running along the north side of the ditch, Zeiger asked whose responsibility it would be to bore under Hugus Ditch for there to be water service on Stevens’ property. Nelson replied that it would be Stevens’ responsibility, as the Town only had the obligation to tap the main and set the meter pet. He reiterated his concern about access to the meter pit by public works employees, stating that without any additional information, he believed the north side of the ditch was the only place available for a meter pit.

When Zeiger asked if Stevens would have to bore under the ditch, the latter replied that he expected the Town to do so as “that ditch lays in the city street.”

“I intended on having you bringing it across from the street to my property like every other tap. It’s not my responsibility until it enters onto my property,” said Stevens.

As discussion continued, Stevens informed the council that he had had the property surveyed and he believed there was enough space on his property for the meter pit to be set. When Councilmember Judy Welton asked if Public Works Director Jon Winter had looked at the survey, Winter replied that he had not. He added the CCIJPB was “not overly excited with the idea of either private or city going underneath the ditch just because of the potential liability.”

In addition to wanting more information about where the meter pit could or should be placed, the council also agreed that it was best to discuss the issue with the Town of Saratoga’s liability attorneys. The water tap application was tabled by a unanimous vote until the next council meeting.

Before yielding the floor, Stevens asked the council about easement access onto his property. It was then revealed by Winter that, in the two weeks prior, Stevens had applied for multiple dig permits including one for a curb cut to access the east side of his property, one to remove concrete of the former retaining wall and one for storm drainage. 

The motion was made to consult with the Town’s liability attorneys on that issue as well to see how it would affect current litigation between Stevens and the Town of Saratoga. The motion passed on a unanimous vote.

The next meeting of the Saratoga Town Council will be at 6 p.m. on Jan. 7, 2020 at Saratoga Town Hall.