Mayor targets public works director

By Andy Gates - Argus Observer
Tuesday, July 17, 2007 10:55 AM PDT

Ontario - Ontario Mayor Joe Dominick blasted the city’s public works director Monday night for a potentially pricey mistake, which could cost the city $500,000.

The issue revolves around a contentious municipal water tax, called UCFs, or Utility Capitalization Fees.

Water users in Ontario will continue to pay a tax on their bills — at least for now — even though the former City Council “inadvertently” repealed its mandate in March 2006 to collect the fees.

Right now the city is collecting UCFs without the lawful authority of a city code.

“Because of this issue and others ... I’ve lost all confidence in the public works director (Steve Gaschler),” the mayor said Monday during a regular City Council meeting.

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The mayor maintained his opinion today.

“I’m so sick and tired of the games by public works. I’m starting to feel more and more like a puppet, and no one is going to make me a puppet,” Dominick said today.

Ontario Public Works Director Steve Gaschler, however, did not attend Monday’s meeting, and did not return a call for comment Tuesday before press time.

“We don’t look good ... We rely on department heads,” the mayor said. Ontario City Councilman John Gaskill defended Gaschler Monday night saying the UCF situation is not the fault of any single individual.

Decisions were made, based on “legal advice,” Gaskill said.

Ontario City Manager Scott Trainor attempted to present an emergency ordinance to the council Monday, which was “from” Gaschler, according to the night’s agenda report.

However, the council voted Monday to table the proposals until its next Aug. 6 meeting.

A special worksession to discuss the latest city monetary debacle will also be scheduled.

Gaschler’s ordinance would have reinstituted UCFs in the city, and was accompanied by a proposed resolution that would have set the exact fee.

Wavering, Ontario City Councilman Bruce Tuttle said Thursday he would vote for the proposed mandate — but Monday he changed his mind.

Tuttle said he would support reinstituting UCFs within an ordinance, only if it was identical to the original, repealed ordinance.

He asked for the original proposed ordinance to be compared with the proposed UCF mandates.

“Call a special meeting and do what we have to do ... I don’t believe the wording is right. I can’t vote yes,” Tuttle said.

Dominick seemed to agree, and pointed out what he said was a difference between the proposed UCF ordinance and the previous ordinance. That difference revolved around a potential use for UCF money — landscaping.

The council also approved a contract for a new city attorney Monday night.

Local attorney Larry Sullivan will now represent the city. Sullivan told the council he would investigate whether there is authority under state law to collect UCFs in the city.

The water tax fiasco, though, did not end there.

Gaskill made a motion to stop collecting UCFs, at least until the city institutes an ordinance to collect the taxes. Following a tight 3-3 vote, the motion died. After taking a deep breath and looking down, Dominick cast the final dissenting vote against Gaskill’s motion. Gaskill, along with two other members of the former city council, Councilmen Dan Cummings and Lewie Allen, all voted in favor of discontinuing UCF collection.

Ontario City Councilman Jim Mosier, who sat on the council in March 2006 when the UCF ordinance was repealed, was absent Monday from the meeting.

Even though the mayor voted against discontinuing UCF collection, he said hundreds of thousands of dollars may have to be reimbursed to the city’s water users.

The mayor said today he was unfamiliar with Roberts Rules of Order and did not know if he could ask questions before voting on Gaskill’s motion.

“On the one hand, taxpayers want us to stop charging until we get it right. On the other hand, it would be an accounting nightmare to get it fixed in two weeks. It would cost even more money,” Dominick said today.

The city has collected slightly more than $567,300 in UCF money from Ontario water customers since March 20, 2006 — when the UCF ordinance was repealed.

“It’s unethical for the city to keep these funds,” the mayor said, because they were collected without “legal authority.”

Dominick said funds from the city’s public works department should be “set aside” to potentially reimburse the city’s billed water users.

Sixteen months of taxing water users without the authority of city ordinance is a problem that needs to be fixed, the city’s leaders agreed. But, passing Monday’s proposed UCF mandates without more time for discussion and input from absent individuals is not the solution, Dominick said.