TALLADEGA — The Talladega City Council voted 4-0 Thursday night to instruct city manager Michael Stampfler to recommend “immediate” and “sweeping changes” to the Water and Sewer Department following an hour and a half long executive session.
The executive session was called, according to city attorney Mike O’Brien, to discuss pending litigation stemming from the city’s failure to comply with a U.S. Environmental Protection Agency consent order, as well as possible discussion of safety and essential infrastructure.
Council President Horace Patterson said the discussion might also cross over into matters of good name and character, but O’Brien pointed out that the good name and character exception cannot be applied to appointed board members, employees who are required to file financial disclosure documents and other exceptions, and that good name and character does not cover job performance.
Once the council reconvened, each of the councilman was asked by Patterson to read some of their concerns into the record. Councilman Eddie Tucker spoke first, regarding the most recent problem at the department.
At some point Thursday, the surface treatment plant ran out of alum, a substance used in the filtering process.
“The department had to shut down,” Tucker said. “When you don’t have it, you can’t make water. And that reduces your fire protection, and your water quality and your pressure. But lives could be at stake. We’ve just got poor management. People need it for their homes, to drink, and to take baths and stuff. And we almost didn’t get the alum, they had to divert it from someplace else. People need clean, (potable) water.”
Councilman Jimmy Davis then mentioned several safety problems that were pointed out to him during a tour of the surface water treatment facility in October. None of these issues appear to have been remedied, he said.
These include a non-functional eye-wash station, a broken valve in one of the settling basins that prohibits the plant from using half if its filtering capacity (the valve was first reported broken in February), three separate oil leaks directly over the drinking water supply, potential fluoride leaks and a decaying “out of service” bag over a fire hydrant in Brecon.
Councilman Donnie Miller focused more specifically on the EPA consent order, including failure to address inflow and infiltration issues that cause sanitary sewer overflows and failure to conduct and document preventative maintenance on the water plants and system, according to the document he was reading from.
“The lengthy and involved effort to complete the required EPA Annual Reports due for 2008 or 2009, which the council received copies of on Aug. 28 and Sept. 21, 2009 made clear certain deficiencies which need to be addressed in order to be in compliance,” Miller read.
Miller also addressed a lack of successor management positions.
“There is an obvious absence of planning, foresight and motivation to address the improvements concerning issues of inflow and infiltration and sanitary sewer overflows,” Miller continued. “The failure by the department to properly budget to allow sufficient efforts to be made toward the completion of these isssues is evident from the 2009-10 budget submittal where inflow and infiltration was actually decreased by 50 percent from the previous year.”
Since the estimated cost to establish an appropriate rate structure is estimated at $40,000. “The council adopted an 8 percent rate increase for 2009-10, it is estimated that subsequent similar rate increases will be necessary annually over the next decade in order to complete thorough system rehabilitation.”
The city has also failed to implement a fats, oil and grease ordinance, the Shocco lift station has been broken since January 2008, and the Stone Hill booster station, broken since January of this year, has not been repaired.
Mayor Brian York said he felt the overall situation was “appalling…This needs to be taken care of immediately.”
Tucker said he was “appalled,” and “horrifying, in a sense…Even the clean water looked dirty. That’s why they give us bottled water up here…We need to do something immediately, we need drastic action…”
Davis added, “nothing has changed, and changes have to be made to give the community confidence.”
Patterson said he wanted to “ask the community to refrain from panic. We will deal with this, and we are dealing with this. We were not aware that we were not EPA compliant.”
Miller agreed that he knew there were problems but “didn’t know we were not in compliance.”
Tucker said, “I knew there were problems with the infrastructure, with water backing up into people’s houses and sewage coming up on Ave. H. The citizens and the council report these things, and I thought they were getting to the EPA.”
Patterson then asked Stampfler to bring “a proposal or proposals to remedy these problems to the next council meeting. Also, I want us to work with the manager to set aside a date or dates to explain this to the whole community, preferably at the Ritz Theater.”
O’Brien pointed out that the stakes were particularly high for the city, in that they could end up being ineligible for any federal funds for several years.
“We need sweeping changes to the way we do business,” Tucker said.
Stampfler said “We are mostly dealing with above ground problems, but we’ve got serious below ground problems also, and those will take time and be expensive. This system has a long history of neglect. And the changes will be sweeping, since I can’t conceive of business as usual getting us the results we need. And there is no circumstance where the public’s immediate health is endangered, but there is a huge potential for danger, and that has to be headed off as rapidly as possible.”
Patterson replied “We are determined, we will be compliant, resilient and we will remedy these problems that we were not fully aware of. We will be tenacious until this is turned around. The status quo will not prevail.”
The next council meeting is Monday, Dec. 7 starting at 5 p.m.
The council this past monday night proposed a new bond to borrow multi millions of dollars.This new bond will float two previous bonds. I don't fully understand this and don't know what the final total of bonds may end up in this proposed floatela. With this possible navy of floating bonds can we be assured that it will not end up like Pear Harbour and sink most of our ships?
No correction has yet been made as to the Public hearing to the what, when ,where ,and why of this meeting.
Will someone from the city please inform the public in the correct manner as to this much talked about meeting.
For those that missed the announcement on page 3 A in yesteday's paper .It reads as follows. Public hearing Armstrong-Osborne public Library. June 14th Thursday. I will make the point again that june the 14th is on monday.
SECTION 104
Special, private or local laws — Prohibited in certain cases.
The legislature shall not pass a special, private, or local law in any of the following cases:
(1) Granting a divorce;
(2) Relieving any minor of the disabilities of nonage;
(3) Changing the name of any corporation, association, or individual;
(4) Providing for the adoption or legitimizing of any child;
(5) Incorporating a city, town, or village;
(6) Granting a charter to any corporation, association, or individual;
(7) Establishing rules of descent or distribution;
(8) Regulating the time within which a civil or criminal action may be begun;
(9) Exempting any individual, private corporation, or association from the operation of any general law;
(10) Providing for the sale of the property of any individual or estate;
(11) Changing or locating a county seat;
(12) Providing for a change of venue in any case;
(13) Regulating the rate of interest;
(14) Fixing the punishment of crime;
(15) Regulating either the assessment or collection of taxes, except in connection with the readjustment, renewal, or extension of existing municipal indebtedness created prior to the ratification of the Constitution of eighteen hundred and seventy-five;
(16) Giving effect to an invalid will, deed, or other instrument;
(17) Authorizing any county, city, town, village, district, or other political subdivision of a county, to issue bonds or other securities unless the issuance of said bonds or other securities shall have been authorized before the enactment of such local or special law, by a vote of the duly qualified electors of such county, township, city, town, village, district, or other political subdivision of a county, at an election held for such purpose, in the manner that may be prescribed by law; provided, the legislature may, without such election, pass special laws to refund bonds issued before the date of the ratification of this Constitution;
(18) Amending, confirming, or extending the charter of any private or municipal corporation, or remitting the forfeiture thereof; provided, this shall not prohibit the legislature from altering or rearranging the boundaries of the city, town, or village;
(19) Creating, extending, or impairing any lien;
(20) Chartering or licensing any ferry, road, or bridge;
(21) Increasing the jurisdiction and fees of justices of the peace or the fees of constables;
(22) Establishing separate school districts;
(23) Establishing separate stock districts;
(24) Creating, increasing, or decreasing fees, percentages, or allowances of public officers;
(25) Exempting property from taxation or from levy or sale;
(26) Exempting any person from jury, road, or other civil duty;
(27) Donating any lands owned by or under control of the state to any person or corporation;
(28) Remitting fines, penalties, or forfeitures;
(29) Providing for the conduct of elections or designating places of voting, or changing the boundaries of wards, precincts, or districts, except in the event of the organization of new counties, or the changing of the lines of old counties;
(30) Restoring the right to vote to persons convicted of infamous crimes, or crimes involving moral turpitude;
(31) Declaring who shall be liners between precincts or between counties.
The legislature shall pass general laws for the cases enumerated in this section, provided that nothing in this section or article shall affect the right of the legislature to enact local laws regulating or prohibiting the liquor traffic; but no such local law shall be enacted unless notice shall have been given as required in section 106 of this Constitution.
The Talladega Water & Sewer Board was created under Article 9, Boards for Operation of Water, Sewer, Gas & Electric Systems, Code of Alabama 11-50-310. Mr. Perkins is quoting law for the incorporation of an "Authority" which is not applicable in te mater to which you are referring to.
There are several factors that compelled us to restructure our water and sewer rates to better reflect the costs associated with production and distribution. Growing urbanization increases average and peak demands on the system, our public water infrastructure is deteriorating with the costs for maintenance or replacement far outrunning the costs for expansion, amendments to the Safe Drinking Water Act causing substantial increases in operating and capitol costs, scarcity and high development costs of new water resources and the costs associated with serving customers in ares where the population is much less dense.
Opinions from the State of Alabama Attorney General's office have consistantly indicated that City's have the stautory authority to set rates for water and sewer services and that there is no statutory impediment to charging higher rates for customers living outside the City limits. It should be noted that some caution was used in setting these rates, due to the lack of representation in City government. Compare to what other municipalities charge for "zonal increases", in some cases up to 175%, the increase used in Talladega is reasonable and covers the additional costs to maintain a service area of 20 square miles outside the City proper.
In conclusion, this increase in rates was in no way unreasonable, excessive or confiscatory in nature and only allows the City to recoup the additional operating costs associated with serving county customers. Maintaining safe drinking water services is one of the most important responsibilities of local governments. As providing this service becomes more expensive, local governments face the constant challenge of ballancing our interests in offering a fundamental public health service at an affordable price, against the inevitable health and environmental costs of failing to ensure that our operations has sufficient financial resources to serve the public.
James V. Brasher, Operations Manager
City of Talladega - Water & Sewer Department
256-362-6211 Phone
256-761-2966 Fax
205-369-8166 Cell
154*26*4907 Nextel ID
THIS IS INTIMADATION !!!! WAKE UP THERE IS NO WATER BOARD
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