I look at that $36,000 and ask why aren’t we keeping the whole thing?”

Mary Shedd

TOWER— The city council here voted Tuesday to ask its engineering firm, SEH, to contribute $5,000 to a maintenance fund to address errors committed during the installation of a sewer line at the Hoodoo Point Campground in 2018. And the council was unwilling to approve a settlement of an outstanding claim by the project’s contractor, which would require payment of the bulk of a $36,000 bill that remains outstanding.
Mayor Orlyn Kringstad proposed the settlement as a way to finish off the project, which has spent nearly two years in limbo as the city, SEH, and Utility Systems of America, or USA, debated who was to blame for three sags in the sewer line that are likely to require ongoing maintenance.
The parties have agreed that digging up the line and reinstalling it would likely create as many problems as it would solve. And the line has since operated for two seasons at the campground without any major issues and without any additional sagging. The city’s maintenance staff believes the line will need to be flushed periodically to prevent a buildup of sediments in the sagging portions of the line, so city officials are looking for both USA and SEH to contribute $5,000 each to a city maintenance account to pay the cost of occasional flushing over the next 25-30 years.
USA has already agreed to deduct $5,000 from their remaining $36,000 bill for that purpose, but SEH engineer Matt Bolf said he thought it was unlikely his company would agree to do so. “We certainly didn’t design a line with three sags in it,” he said. “I can say pretty confidently that there will not be agreement from us.”
SEH may not have designed a sagging line, but the company was paid to maintain an inspector on site and that inspector has previously come under criticism from campground managers who contend the inspector rarely left his vehicle during installation of the new campground infrastructure. Since January 2018, the city has paid SEH a total of $489,358 for its various services.
Kringstad asked the council to approve the settlement with or without SEH’s contribution, but his request found plenty of resistance. Council member Steve Abrahamson said he felt USA’s contribution was minimal given the extent of the problem and noted that the city has had issues with the company’s work before. Council member Mary Shedd agreed. “I look at that $36,000 and ask why aren’t we keeping the whole thing?”
Kringstad said he felt the inspection reports on the project were incomplete. “It’s hard to pin blame on one side or the other and doing so would take more time and more money. I’m just looking for a solution that solves this, even though the line isn’t perfect.”
Hanging over the issue is the possibility that USA could file a lawsuit to recover the money it believes it is owed for the work that was done. But council members ultimately opted to hold off on Kringstad’s solution and will likely consult with the city’s new law firm before making a final decision.
In the end, Kringstad’s motion to approve the settlement failed on a 4-1 vote, with Kringstad as the sole yes vote.

Legal representation
With the city’s former attorney now sitting on the Sixth District bench in Virginia, the council considered proposals for representation from two Virginia-based law firms— Colosimo, Patchin, Kearney and Brunfelt, Ltd., and the Trenti Law Firm. The two proposals generated discussion but no immediate decision as councilors indicated they wanted a clearer understanding of the differences in the proposals before opting for one over the other. The council directed clerk-treasurer Victoria Ranua and Kringstad to review the fee structures proposed by the two firms and report back on the financial implications of each option. Shedd and fellow council member Rachel Beldo will check references upon permission by the two firms.
The results of those inquiries should be available at the next meeting, which should allow the council to make a decision later this month.

Ambulance request
The council, once again, tabled a request by ambulance director Steve Altenburg to pay for paramedic training for up to two members of the ambulance staff due to a lack of information that the council had previously requested. Altenburg had faced a similar result with his request last August, at which time council members indicated they required a clearer understanding of the full financial implications of the cost of implementing part-time Advanced Life Support service. The Tower Area Ambulance Service’s finances have been in question since Altenburg implemented 24-hour paid staffing back in April of 2018. Spending by the TAAS has ballooned since that decision and it remains unclear whether those sharply higher operating costs will be covered by additional revenues.
Altenburg pegged the cost of training two employees at $24,600, but council members noted the bigger costs could come over the longer term due to higher payroll costs, equipment upgrades, and other costs associated with ALS service.
“I’d like to see this proposal’s cost in context over the next several years,” said Shedd. The council has repeatedly asked Altenburg for cash flow projections for the existing operation given the nearly 85-percent increase in TAAS spending over the past year and a half, but Altenburg has consistently resisted those requests.
Some on the council expressed some frustration over the lack of clear financial information. Shedd reiterated the need for a cash flow projection. “That’s kind of what we asked for the last time,” she said, urging that the matter be tabled.
Kringstad interrupted Shedd’s argument, however, and proposed to have a public meeting or open house with Virginia Ambulance Director Allen Lewis to talk about the ALS issue. The council first approved a motion to table the discussion and then unanimously approved a motion to request Lewis to present a Power Point presentation he has developed on the subject of ALS and related issues in the region. Kringstad said he’d like to invite township residents and representatives to the presentation as well, and host the event before the next scheduled council meeting.

Commendation
The council unanimously approved a commendation for extraordinary service to water and wastewater supervisor Matt Tuchel. Since a lightning strike in September knocked out automatic controls at the Tower-Breitung water filtration plant, Tuchel has had to operate the facility manually, requiring an average of 32 additional hours of work time per week. “While he was financially compensated for his time, this also required personal sacrifice that was also borne by his family,” notes the commendation. The city will follow up by providing a written commendation to the Tower-Breitung Wastewater Board to place in Tuchel’s personnel file.

Other business
In other business, the council:
Declined to act on a request by Ranua to commission an energy audit at city hall. In a report to the council, Ranua noted that the city spent between $7,000-$8,000 a year over the past two winters for propane to heat city hall. She said the extensive frost buildup on city hall windows suggests the windows are inefficient. Instead of an energy audit, Ranua said she would look at installing plastic on the windows for the winter to reduce heating costs.
 Accepted Ranua’s recommendation to maintain the current lease with American Tower, essentially rejecting the company’s request to make a one-time payment for a perpetual lease. Ranua noted that the city’s charter specifically requires that building and maintaining any fixture for the purpose of a public utility requires a franchise from the city, and that the city’s ordinance specifically prohibits the granting of a perpetual franchise. The charter further requires a public vote for any franchise term offered in excess of 20 years.
The company has indicated a willingness to purchase the land, but the council expressed little interest in that suggestion. In the end, after input from Bolf, the council asked SEH to look at the American Tower proposal and come back with recommendations or options.
 Approved a resolution designating the Tower Civic Center as the city’s official polling place. That designation is required annually.
 Approved a motion declining to waive tort liability limits set in state statute.