‘No harm, no foul.?
That was the consensus of the Oxford Township Board of Trustees last week after listening to representatives from the Oxford school district, Etkin Skanska, Inc. and Macomb Mechanical explain why the old water meter and back-flow preventor at the new high school were disconnected and moved, and why the fire suppression system was tapped for construction water use.
(For background see shaded box on page 00.)
Representatives repeatedly told officials what happened was a ‘mistake,? an ‘error? and an ‘oversight.?
‘I believe this was an honest mistake,? said Superintendent Virginia Brennan-Kyro. ‘I don’t believe anyone who’s in any supervisory capacity or has any type of authority from Macomb Mechanical, Etkin Skanska or from the school district authorized the oversight that occurred. It was an honest mistake.?
‘This is the first such incident I’ve ever been involved in like this,? said Gary Stellar, vice president of Etkin Skanska, Inc., the project contractor for the new high school. This situation was an error in judgement. We regret that it took place.?
Supervisor Bill Dunn asked to hear from the plumbing contractor as to why no back-flow preventor was in place on the existing water line to the school.
A back-flow preventor is a device which ensures that water travels in only one direction, from the water system to the user, be it a home, business or school. The device prevents water from travelling in the opposite direction, which could result in contamination of the municipal system.
Scott Johnson, co-owner of Macomb Mechanical, the plumbing contractor hired by Etkin Skanska, explained the relocation of the existing water from the old line to the new one was ‘scheduled to be a 2-3 day transition.?
But ‘weather delays? turned it into ‘maybe four or five days,? he said. ‘When we realized there was a delay, the boiler system was completely drained.?
‘That would be a hazard to the public water system if it were connected,? Johnson said.
Only a ‘few (water) fixtures? were ‘operational? inside the school, Johnson said. Hoses were utilized to obtain water for construction and all of the hoses had the necessary back-flow prevention devices on them such as ‘vacuum breakers.?
It was an ‘error in judgement not to put a full-reverse pressure back-flow device in the water service,? Johnson said. ‘I guess it would be an oversight. Nothing that we would routinely (do) or want to do. It was just an oversight. It occurred and for that we’re sorry.?
‘Corrections were made promptly? upon being notified of the situation by the township, he said. ‘The situation no longer exists. We’re back in business with the new meter and new back-flow preventor. Everything is protected as it should be.?
The next item discussed was someone’s illegal use of water through the school’s fire suppression system after the water was shut off by the county and township.
Dunn asked Johnson if there was anyone he could blame for that.
‘I don’t know if there would be anyone I could point a finger at,? he said. ‘Some 200 to 300 people are on (the construction) site at any given time. It would be undeterminable as to who would have or who could have done this. It could have been anybody.?
‘Anybody needing water, because the building was without water, could walk by and easily hook up a hose and bib to it for the purpose of getting water,? Johnson said. ‘Water was available on-site about an eighth of a mile away in some of the outbuildings. Everyone was instructed that would be the source of water. Somebody came along and decided this was the shortest path to find water.?
Johnson noted the hose had a ‘vacuum breaker? on it, ‘but none the less it was not supposed to occur and happened without our knowledge.?
After listening to all the representatives, Dunn noted ‘nobody tried to jerk our chain? as he and the township engineer investigated this matter in early July. He said all their questions ‘were answered properly.?
‘It was kind of refreshing,? Dunn said. ‘I’m quite sure they didn’t mean to do it.?
However, ‘in order to be consistent? in its enforcement of township ordinances, Dunn suggested the township board direct the Oakland County Sheriff’s Department to issue Macomb Mechanical a citation for illegally tapping the municipal water system ? a violation of the township water supply ordinance.
‘In order to be consistent, if someone tampers with our water system, we have to go with our ordinance and issue a citation,? Dunn said. ‘I just want to be consistent in whatever we do.?
Township Attorney Chris Kaye indicated the township would be ‘likely able to sustain that charge against Macomb Mechanical.?
The citation would be processed through the 52-3 District Court in Rochester Hills, the ‘same as a speeding ticket or disorderly person or any sort of appearance ticket,? Kaye said.
Trustee Clancy said the deciding factor in her mind would be whether or not this incident was intentional. She asked Dunn and the township engineer, Shannon Parry, of Rowe, Inc. for their opinion.
Dunn said it was neither his nor the township’s place to ‘find fault.? He said all the township can do is have the citation issued and leave the decision of guilty or not guilty up to the court.
David Griggs, project manager for Etkin Skanska, Inc. told the board the incident occurred with ‘absolutely no intent, no malice, no forethought.?
It ‘occurred as an oversight,? he said. ‘As soon as we were aware of this, we stopped the activity from occurring. We made sure the service was terminated and that all illegal or improper connections were taken care of.?
Griggs said the corrections were ‘handled in a very prompt and expedient manner.?
Kaye told Dunn and the board that not issuing a citation ‘wouldn’t set a legal precedent.? The attorney said there is a ‘body of law which suggests government has discretion in who it chooses to prosecute.?
‘It’s tough to see how the township’s nonenforcement would impair future prosecution,? Kaye said.
‘That’s what I was afraid of,? Dunn said. ‘I didn’t want it to look like we’re picking and choosing who we issue a citation to.?
Because everything had been corrected and the safety of the water supply ‘won’t be enhanced? by prosecuting Macomb Mechanical, Clancy said, ‘I’m inclined to just let this one go with a lesson well-learned.?
‘I think it was a mistake,? said Trustee Pat Fitchena.
Dunn asked board members if ‘no harm, no foul? was their consensus on this issue. They agreed.
The supervisor also asked the board for permission to write a letter stating for the record that in ‘no way? was the school district or Etkin Skanska involved in the perpetration of this whole incident.
The school district has already agreed to pay for the un-metered water it used, due to the meter broken during construction in August 2003, the improper disconnection of the old meter in June 2004 and the illegal tap of the school’s fire suppression system.
At least 370,000 gallons of un-metered water and counting was used because of these incidents.