BY JIMMY LAWTONNorth Country This Week

OGDENSBURG -- A home business water rate set by the city continues to draw complaints from daycare providers who say the rates are discriminatory and arbitrary.

At a recent city council meeting the city once again discussed a water billing measure which charges a fee to home businesses. The issue is, only about a dozen businesses are paying the fee. The city has struggled with finding an easy way to identify them.  Among those paying the fee are daycare providers as they are registered and easier to track.

That’s led local providers to raise questions about the equity of the law and how it’s enforced and even went as far as calling the practice discriminatory.

City Manager Fonda Chronis says the claim is offensive.

"We're talking about $165 to a business for the year, he said.

That drew criticism from one attendee who said that's a lot of money.

"To a business that receives grant dollars? If they don't want to pay the $165 just remove yourself from the New York State (registry)," Chronis replied.

Chronis noted that home businesses used to pay $2,000 prior to the recent law change.

"Of course this is being done equitably and fairly. I can't imagine how anyone can throw around the word discrimination. That's a big time word that has a lot of negative connotations to it and I take offense as a member of the management team that anybody would use that phase to say that we haven't done our best in a situation that I inherited, by the way, in trying to make this right," he said. 

Chronis said the council has "split the baby" on the issue several times.

"Quite frankly, this needs to go away. The management team does not have time to deal with this situation anymore," he said.

Councilor Jennifer Stevenson suggested establishing a task force to address the problem which has been raised at several council meetings by members of the public for the past few months.

Chronis, however, advised against it.

"I respectfully, Councilor Stevenson, would disagree. And urge the council not to move forward with this because we just don't have time. We have significantly more pressing issues than this and this is a time sink. It's already been a time sink and we don't have any more time to waste on this," he said.

Stevenson said that she agrees the issue needs to be put to bed. However, she said the issue isn't just about money.

"From what I'm hearing, it's about that I'm paying for it and you're not. I'm just using that as an example. That's what it's about. It's about the enforcement of it. It's about - it's voluntary. It really is a voluntary thing because from what I'm hearing with the affidavits. If you say no you could be running the same business Mike and I could be running the same business and I say no and he says yes, he has to pay the $165. That's what it's about."

Stevenson said she wanted to have an open work session to settle the matter.

Chronis also took issue with concerns that the city's policy was "whimsical."

"Whimsical just means that we picked it out of the air and we didn't do that. We utilized evidence that we had," he said.

"To say that it's discriminatory or whimsical or arbitrary is incorrect." he said.

Chronis said staff has put in a lot of time that it probably shouldn't have to address the issue. He said the goal is to be as equitable as possible in a situation that "will never be equitable."

He said even if the city had meters people would claim the minimum fee was not equitable.

He said staff has given the law its due course in time and effort and that the city needs to move on.

Mayor Michael Tooley noted that the city's been working on the issue since January and that a council agreed on the changes in a unanimous vote. He said he did not support calls for a Taskforce and then asked if any members of council were supportive of forming one.

Councilors Stevenson and Trimm indicated they were, but no one else agreed.

Tooley said no Task Force would be established.

Chronis said that if someone knows a business is in violation of the ordinance they can report it to the city. However, he said the city can't "kick somebody's door in" to see if they are running a business or not.

However, he said if something is reported the city will perform its due diligence to investigate the claim.

Deputy Mayor Dan Skamperle said he'd rather see the fee go away. He said only 11 businesses are paying it and it's not worth the city's time.

Tooley noted that in a flat rate system there are implied subsidies. Some people pay more than their share, others pay less.

He said city management is doing their best to enforce the law agreed to by council.

Councilor Michael Powers noted that it's not perfect, but said the city's resources are strapped and that the city needs to move forward.

"It's nothing against the daycare providers or any other businesses, hair stylists whatever the case may be," he said.

Stevenson said that while she's happy to let the issue go, she doesn't expect it will go away.

"I was just looking for a way for people to feel like they were heard," she said.

Tooley said he believes the council has done a good job in listening to the citizens comments.

"People may not get answers they like, but I'd like to believe they feel like they've been listened to with respect," he said.

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