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Council extends collection window for 'ready to serve' (EDU) arrears to six months; ordinance passes unanimously

Mayor and Council of the Town of Berlin · May 11, 2026
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Summary

Ordinance 2026‑02 changes the town's ready‑to‑serve (EDU) recapture timeline from three months to six months to allow staff time for notification and collection processes; council approved the ordinance unanimously after public questioning about arrears and enforcement.

Berlin — The mayor and council unanimously adopted Ordinance 2026‑02 on May 11, extending the period before the town may rescind a reserved EDU (ready‑to‑serve) from three months to six months. Town staff and the town attorney said the change eases administrative burdens and provides more opportunity to work with customers on payment plans before the town acts to recapture EDU rights.

Town Attorney David explained the practical purpose of the six‑month window: it gives staff time to notify account holders by letter, offer payment plans and, where appropriate, pursue legal action for accounts that exceed the town’s internal threshold. "What we're doing is we're going through and like making sure that they're [notified] — it gives them a total of six months before we end," the attorney said during the public hearing.

During the hearing residents asked how much was outstanding in ready‑to‑serve arrears, whether that revenue is considered part of the enterprise fund, and how many accounts might be subject to legal referral. Staff said some arrears represent multi‑year accumulation and that the town has set a threshold (accounts over $5,000) for referral to collection actions; staff also said some amounts may not be collectible because they date back many years.

The ordinance passed on a unanimous council vote (motion by Council Member Nur; second by Vice President Burrell). The council closed the public hearing and directed staff to continue proactive collection efforts while giving account holders reasonable notice and opportunities to set up payments.

Next steps: finance and utilities staff will continue to provide account‑level reporting to the council on arrears and collection outcomes and will pursue judgments where appropriate per town policy.