Water & Sewer   
                                                  Click here for Legal Review of Sewer Connection Lawsuit                                              

As defined by the dictionary, dictionary.com
FEE: A fixed sum charged, as by an insitution or by law, for a privilege.

TAX: A contribution for the support of the government required of persons, groups, or businesses, within the domain of that government.

Prop 2 1/2, voted into Massachusetts law in 1980, simply states that a town cannot raise taxes more than 2.5% in any given year without a town override (vote).

West Boylston voted 3 times against required/ mandatory hookup, and won two court decisions, before a MA judge overrode those decisions. West Boylston is now required to hookup to sewers.

A requirement is not a privilege.
That means money collected from required hookup (rates set by the town of West Boylston) is a tax, not a fee. Therefore, required hookup is subject to Prop 2 1/2, as water and sewer rates cannot exceed 2.5% of the money collected from property taxes.

West Boylston officials have admitted that their sewer project is nothing more than a way to collect revenue.

QUOTES:
Selectman Allen Phillips, and others, on March 23rd, 2006 during candidates night, agreed that a sewer line connected to a property is part of that property.
 
Elise Wellington: "We're (planning board) still talking about reducing lot sizes in sewered areas." "Sewers have allowed high unit developments . . add to the tax base." Planning Board member, WB Banner, pg2, March 16, 2006

John Westerling: "The DPW's Sewer Division became financially self sufficient this year" Head of Sewer Dept., WB 2003-2004 town report, pg 148

WB 2005 Master Plan: "User fees have been implemented in an effort to shift service costs where ever possible from tax revenues, constricted by Prop 2 1/2" pg 130, #1

WB 2005 Master Plan: "Construction of the new sewer system has imposed new taxes and service charges on many of the town's citizens" pg 130, #4

Water District website: "Connection fees are charged for the privilege to connect" copy of web page printed out from February 4, 2006

Paul Guida: "If we cannot generate enough revenue from the sewer users to finance the cost of the Sewer Department, the deficit will be funded by the taxpayes . . .one way or another you are going to pay for the sewers." former town manager, letter dated March 12, 2003



August 29th, 2007 
Clean Water for Millions - but No mention of sewer systems
The Worcester Telegram & Gazette's August 29th's Local front page feature story is about the reservoirs in the state - in particular the Quabbin Reservoir.   

      Click for the T&G story regarding the Quabbin Reservoirand other reservoirs. 
The first paragraph of the story states "A blind taste test a month ago on NBC's Today Show confirmed what countless people among the 2.4 million greater metropolitan Boston water users already know - their tap water is among the best provided by major cities across the country."  

Question: If West Boylston has mandatory sewer hookup in order to prevent polluting the reservoir and other water sources (including the watershed), and not one single town along the Quabbin has mandatory sewer hookup, how can the Quabbin have some of the best water in the country? How is the Quabbin not polluted? Doesn't anyone in New Salem, Petersham, Hardwick, Shutesbury, or Belchertown have a septic system that might leak at some point to warrant required hookup?  

An email sent to the Board of Health in June 2007 asking how long it takes, in time and distance, to purge a full septic system. There has yet to be an answer. 

The story also mentions that natural erosion is a concern regarding water quailty. However, town hall issued a two week blasting permit to Iqbal Ali (Afra Terrace on Shrewsbury St) in November 2006 to blast away ledge on top of the watershed of the Wachusett Reservoir. Could that blasting cause any shift in the land that could cause erosion?
The word "sewer" or "sewer system" was never mentioned in the article as a way to prevent any possible pollutants. Nancy Kurtz, MWRA associate general councel said Judge Richard G. Stearns is quoted as saying there are "no issues affecting the quality of Quabbin Reservoir water."

           

                             Here is a 2007 West Boylston Tax Comparison
                regarding Land Parcels, Valuations, Area Communities, and their 40B levels and CPA status.    

                                       These figures were taken from the websites of
                                      the MA Dept of Revenue Community Comparison,
                the Dept Housing & Community Development, and the Community Preservation Act's website.  

    For 2007  
              Place                         Valuation            Tax Bill        Tax Rate 
            Massachusetts        $406,673            $3,962          9.75 
            West Boylston         $316,696            $3,981        12.57  

 

August 29th, 2007 
Clean Water for Millions   T&G story regarding the Quabbin Reservoir   and other reservoirs. 
 
Water Rates & Sewer Taxes              

Sewer Hookup in West Boylston is required, as we are the only town along the Wachusett or Quabbin reservoir that has required hookup. 


2006 Average Property Tax Bill: $3,843 
2007 Average Property Tax Bill: $3,981 

2006 Average Water Rate: $2.30/ 1,000 gallons 
2007 Average Water Rate: $4.65/ 1,000 gallons  

By an email from the Water Department, Average Daily Water Usage per residential unit is 190 gallons per day. That is 69,350 gallons per year or 17,337.5 gallons per quarter. 
Sewer Taxes are based on 80% of water usage. 

2006 Water Bill: 69,350 gallons X 2006 Rate = $159.505 
2007 Water Bill: 69,350 gallons X 2007 Rate = $322.4775  

Water Rate Increase from 2006 to 2007: $162.9725 
Just the increase alone, $162.97, is 4.24% of the average 2006 property tax bill, or 4.09% of the average 2007 property tax bill. 

Overall, the numbers are (for perspective):
2006 Water Bill ($159.505) = 4.15% of the 2006 property tax bill ($3,843)  
2007 Water Bill ($322.4775) = 8.1% of the 2007 property tax bill ($3,981)   

On the towns official web site, it states that "residential properties with one water meter we will bill you based on 80% of your water usage." The example formula on their website, for one billing quarter, states: 

"20,000 gallons multiply by 0.8 (80%) = 16,000 gallons then multiply by $0.0089439 (sewer rate per gallon) = $143.10 (amount of sewer bill)" 

Using actual numbers in their formula: 

17,337.5 gallons X 0.8 (80%) = 13,870 gallons X 0.0089439 = $124.051893 

$124.051893 X 4 Billing Quarters = $496.2076 per year in Sewer Taxes. 

$496.2076 = 12.46% of the FY 2007 average property tax bill.  

The 2007 Water Rate Increase ($162.97) + Sewer Taxes ($496.21) = $659.18 


     RETROACTIVE Water Rates & Sewer Taxes 
 Water Rates  More Than Double April 1st, 2007

MAY 18th, 2007: Below is the body of a letter sent by the Water Dept explaining how the new water rates & sewer taxes are being billed. This is not the messenger who is to blame for this apparent retroactive rate & tax increase - it is the policy of the department and/ or town hall. Do you read this the same way I do - that even though rates increased on April 1st, we have to pay for those new rates for February and March? 
.            .  
.. 
In an email sent by the Water Dept., the average daily water usage per residential unit is 190 gallons per day. 

      190 gallons per day X 365 days = 69,350 gallons per year / 4 quarters = 17,337.5 gallons per billing quarter  

               Town Hall Said the Rates Would Increase from $2.30 to $3.50, But . . .
..             

                                                       They Lied,
Rates Actually Increased from $2.30 to $4.65 - Rates More Than Doubled!
..             

 
Sewer Taxes & Prop 2 1/2 
Is Mandatory Sewer Hookup Subject to Prop 2 1/2

How are Sewer Taxes connected to Property Taxes and town debt?
Click Sewer Rates to Pay off Debt.   
 

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West Boylston is the ONLY town along the Wachusett or Quabbin Reservoir that has mandatory hookup, or required hookup. The Board of Health has never answered one very simple question - How is it that West Boylston is the ONLY community that is causing harm to the environment (as they claimed in court) so that we need MANDATORY sewer hookup? 

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  Sewer Connection to Taxes & Prop 2 1/2 

An example - 
An excise bill on your automobile can vary, and ownership of your automobile is a privilege, and is not directly related to the property, but the property owner.
Telephone bill taxes are much the same way, as those taxes can vary, and telephones are not directly related to the property, but the property owner.

A sewer line is directly connected to the property, not the property owner. An owner can change automobiles or phone service - the property and its directly related/ connected sewer line is permanent. 

Since  mandatory collection of money is a tax, and a sewer line is directly related to your property, it is reasonable and fair to say that water & sewer taxes are now a part of property taxes, and therefore subject to Prop 2 1/2.

There is legal precedent for this reasoned conclusion, as California has its own versions of Prop 2 1/2. The above examples were used and stated in the links below. 

California voters in 1996 voted into law Proposition 218. This act was to strengthen Proposition 13, voted into law in 1978. Prop 13 basically states that a property owner shall pay taxes on a property based on the value at the time of purchase for as long as he owns the property. If he sells, the property is re-assessed for the new owner. 

Proposition 218 essentially enforces Prop 13, with a few additions. There are sections of Prop 218 that pertain to water rates and sewer lines. I beleive there is legal precedence that can be used from Prop 218 in regard to West Boylston's sewer taxes.

For more details and information, please view the other pages on this website related to sewer hookup.


The page below is the West Boylston Water Site Homepage (since updated) and printed out on February 4th, 2006. Within days after I asked the Town Administrator what the difference is between a Tax and a Fee, the site was changed. A coincidence? Maybe,but I doubt it. 

                                        Please note what it states under "Fee Defintion"; Connection fee for the privilege to connect . . . 

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Questions:


Sewer License Scam & Other Problems Plague WB
Based on 7/25/06 WB Drain Layers List
More Information to Follow Very Soon (who is a registered business in MA?)
 
The information below has been compiled by a variety of sources, including, but not limited to, media coverage, Google/ internet searches, various town halls, and the Office of William Galvin.
A drain layer must have licenses in 3 other communities (criteria set by the Board of Selectman) to legally operate in West Boylston.  It will be assumed, for this web page, that other town's licenses are valid and legitimate.

Some of the contractors that are not a registered business in Massachusetts. The business name as it appears on the 7/25/06 WB Drain Layers List is the name that is questioned or queried as a registered business or d/b/a. Contractors not listed here should be considered qualified, licensed, a registered business, or 'issue resolved'. Upon status changes or new information, this page will be updated appropriately.

Here is theWB Banner Unqualified Contractor Storyand the official Drain Layers List.

Crescent Builders, Inc., Shrewsbury (508-871-1888)
UNQUALIFIED:: Iqbal Ali, of Crescent Builders, Inc., only has a Shrewsbury license. Mr. Ali is the 40B subsidized housing developer on Shrewsbury St who is wanting to build triplexes (triple deckers) and never aquired a building permit to construct a bridge - as he admitted to selectmen during an August 29th hearing. Please read the WB Corruption page for his 'Non-Payment of Taxes' records.
  
East Hill Enterprises, Rutland (508-326-7666)
This phone number has been searched as it is a cell phone number connected to Brockton. Brockton is a community that has reached its 10% 40B plateau. 
    
Wachusett Water & Sewer, Rutland (508-886-2969)
Wachusett Water & Sewer, as they are listed on the WB List, is not a registered business in Massachusetts (Office of William Galvin), and it is not a registered d/b/a in Rutland (town hall clerk 508-886-4104). 

Some of the Unqualified Drain Layers  and the persons who issued the license.

Paul Guida - former town administrator
JH Lynch and Sons, of 18 McCracken Rd, Millbury, has NO licenses filed, but has reference letters from sewer work in Hopkinton, Westboro, and Worcester.

d/b/a Stoddard Excavating of Sterling (978-422-8065), is also Andy Helgerson of 5 Colburn Rd, Charlton (508-248-4275)

R. McLachlan
John Kelley, West Boylston (508-835-4235)
Mr. John Kelley, of 42 Western Ave, has NO licenses on file. Google his phone number, and it gets linked to this website - kcm international. Michael Fournier, whose phone number is on the Register.com and Google search, is at 242 east Mountain St, right next door to the Islamic Center (mosque).
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Crescent Builders, Shrewsbury (508-871-1888)
Iqbal Ali (see above) has a partner - Mirajuddin Ahmed, who is president of Al-Miraj, Inc., the company that sold the Islamic Center at 248 East Mountain St, Worcester MA. Al-Miraj, Inc., has a Date of Organization of August 2, 1990. (please visit the WB corruption page for more details on Mr. Ali)

L H Wheeler Jr, Berlin (978-838-2600)
L H Wheeler has only two licenses - in Boylston and Northborough.

J. Wilson
Leahy Excavating Co., Jefferson (508-829-2180)
Leahy Excavating, of 1403 Wachusett St, Holden. Is the best one on the list - Google the phone number, and a Justice of the Peace comes up - a JP that specializes in Gay "weddings". Leahy Excavation has NO licenses on file.
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Corporate Environmental, West Boylston (508-835-8822)
Corportate Environmental has NO licenses on file. They are located at 127 Hartwell St, across the street from where town officials desperately want to move town hall to. Corporate Environmental only has references from Mass DEP, Westboro, West Boylston, Halifax, Westwood, and Worcester. 

T. Magliaro
Steven J Mercurio, West Boylston (508-835-3365)
Mr. Mercurio, of 16 Fort Niagra Dr,  has NO licenses, but has some letters from other contractors. 
 
Bradshaw's Truck Service, Boylston (508-869-6466)
Bradshaw's Truck Service has licenses in only two towns - Boylston and Shrewsbury)

Horstman Construction, Inc., Jefferson (508-829-9421)
Horstman Construction, 40 Wahlstrom Lane, Holden, is only licensed in two towns - Holden and Sterling. 

Interesting Facts on Other Drain Layers on WB 7/25/06 List 
Holden Sanitation, Holden (508-829-3793)
Holden Sanitation:      516 Wachusett St           Date of Voluntary Dissolution: Sept. 17, 2002
Jim Morin and Sons, Inc.:  516 Wachusett St      Date of Organization: August 20, 2001

Is Holden Sanitation a d/b/a of Jim Morin and Sons, Inc.? 

Orlando Excavation, Westboro (508-366-7457)
Steven Orlando has a Date of Organization of April 11, 2006. How did he get licensed in three towns that quickly before becoming qualified to operate in West Boylston?

Mitchell Associates, Shrewsbury (508-400-6906)
Mitchell Associates Construction Corporation has a Date of Organization of October 31, 2005. The same website that lists East Hill Enterprises' number as a cell number, The number Mitchell Associates lists is a cell phone number out of Hopkinton. The registrant's name of this business is Nicholas G. Mitchell, Jr. Is he any relation to Nicholas G. Mitchell - the next door neighbor to Selectman Allen Phillips? 

R A Powell Construction, Lunenburg (508-537-8100)
Of everyone on the list, R A Powell is the furthest away from West Boylston. According to the Office of William Galvin, a person on Mulpus Rd, Lunenburg, is registered with the company. It would be interesting to know if anyone in the Sewer Dept lives on or near Mulpus Rd to advise them of all the potential work that needs to be done in WB. 
I wonder why Water Stopper didn't get a license to operate in town?