Talladega Council discusses 'appalling' condition of Water and Sewer Department
by CHRIS NORWOOD
Nov 19, 2009 | 1770 views | 11 11 comments | 8 8 recommendations | email to a friend | print
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.

comments (11)
« forgvn1@att.net wrote on Saturday, Jun 12 at 01:26 PM »
Hello all ,I was just thinking of the days when I was young and as we walked down the street we would encounter a police officer and they were very pleasant and smiled at us children and waved a friendly wave and would say things such as good afternoon mam to mother.It was a good time to be alive and you would actually feel like the police were your friends.Now all I can ask is what happened?My wife and two daughters were entering walmart in sylacauga and I noticed the chief of police standing in the entrance.I told my girls who he was as we approached.So being brought up proper we gave him a smile and a how are you today chief?But we were met with a cold stare like we were criminals.Now my girls asked me daddy whats his problem?It was all I could do to hold my tongue .Maybe its time to clean out city hall from one end to the other.If All that they can show is a pompous holier than though attitude then we dont need them anymore.My friend had the same problem in piggly wiggly with the mayor and if this is anyway to act in front of families then we has being mothers and fathers should remember come next election that we have enough morons in government ,Now what we need is a friend to families cause families make the cities not the officials.Whats your opinion?
« rdgunter@hotmail.com wrote on Saturday, Jun 12 at 08:58 AM »
To refresh the importance of this Public hearing I ask readers to read again this article. There are many more details concerning our water and sewer system should anyone want to research past council minutes and Daily Home articles.

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.

« rdgunter@hotmail.com wrote on Tuesday, Nov 24 at 02:22 PM »
Is this an addmittance from you of the intimadation from the Water and sewer DEPT.?Explain that Brasher!I rode by the old post office a sign out front says Talladega Water and Sewer.There is another sign that says Parking for customers of the water and sewer board.I'm confused is there a board or not?If there is then we need answers.Is there any oversight of the operations and just who is in charge and WHO WILL GIVE ANSWERS Somebody is responsible or some people are responsible.I want to say that it was only a handful of Water and sewer DEPT.employees that acted in the manner that I described earlier,the rest have not acted that way toward me!
« rdgunter@hotmail.com wrote on Monday, Nov 23 at 04:07 PM »
Well I thought that we had a Water and Sewer Board.I guess I will try to refer to the water and sewer dept.Is that the proper title?In the Daily Home September 22 2009 under the heading Water rates going up 8% stated as follows At its meeting Monday night,the City Council approved a new budget with an 8 percent for water and sewer rates.Council President Horace Patterson said the increase was due to an Environmental Protection Agency compliance order.Now Which is it? who is right?I didn,t see that in that long list that you had there Brasher.
« perkmark50@yahoo.com wrote on Monday, Nov 23 at 01:34 PM »
wake up city council how is the legislature passing annexation laws with out a vote of the property owners ? property tax is involed !

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.

« perkmark50@yahoo.com wrote on Monday, Nov 23 at 01:22 PM »
yes it is apalling and they are charging people out side the city limits more than in the city limits and this is descrimination because they are supposed to be selling at whole sale to all.

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

----- Original Message -----
« rdgunter@hotmail.com wrote on Friday, Nov 20 at 07:15 PM »
Thanks Larry for your comments and your concern.I have been sitting on this and trying not to speak out to let due process run it's coaurse.After reading that article in the paper I just had to let the people know the truth.Read the minutes it will show that I warned the city but yet you see what happened (NOTHING).I told them at that council meeting that they were not in compliance (but who am I)they were not about to listen to me and Patterson let it be known.I'm glad that this is now out and maybe just maybe the responsible partys will be brought to light.I further more find it unfortunate for every customer of the water and sewer dept.to have to pay higher bills for their behavior.And according to that article there are a lot more problems not only with sewege but also our drinking water.
« Ex Mayor 2 @AOL.Com wrote on Friday, Nov 20 at 05:34 PM »
TO: Mr. Roger Gunter...Thanks for speaking out. I know first hand that Roger is telling the truth...As far back when I was Mayor, the city had problems with the Shocco Springs Lift Station which in return caused Roger a problem..The city spent several thousands of dollars and thought they fixed the problem...it is obvious that it was not fixed or has broken...whatever, according to the minutes when Roger attended the council meeting, he was treated like a derelict by Horace Patterson. Folks, there are a lot of problems in Talladega and all the leaders are concerned about is recreation, antiques and historically houses...All these are good, but without a first class operational water and sewer system, no one will want to move to Talladega and the folks who already live here will be moving out. Thanks again Roger for speaking out.
« rdgunter@hotmail.com wrote on Friday, Nov 20 at 10:12 AM »
I also would like to say that the Howard Street lift station has been broken for many years before the stated date of 2008.What we need is action and not a bunch of passing the buck meetings.Let the responsible partys step forward ,which I see to be the entire council the mayor and city manager and everyone that covered this up at the sewer and water dept.Also I left out Miller and the doc they also were at these council meetings and knew that the city was not in compliance.Well I guess that would determine if they beleaved me or the water and sewer board.Who do you beleave now?I have pruff to back up what I say!
« rdgunter@hotmail.com wrote on Friday, Nov 20 at 09:40 AM »
If the blind lead the blind then they both shall fall in the ditch.This is how I opened my address to the city council as I have dealt with the lies from the Talladega city water and sewer board for years.The Mayor city manager and all 5 council members didn,t just fall they freely got in the ditch with the sewer and water department.I have dealt with a sewege overflow across my property for years.This overflow has been ongoing for years.I have been ignored ,had a bird fliped at me by a sewer worker, been harassed by another and told by Brasher that I was tresspassing for keeping a check on the dilapedated conditions of the Howard street lift station.I finally addressed the city council on 2 March 2009.I read from a prepared statment and was hurried by Patterson as everyone before me had adequate time to present what they wanted to. I presented pictures of sewege across my propery and pictures of the dilapedated lift station.I also presented a consent order from ADEM concerning this violation.Horace were you asleep at the meeting?You said at yesterday's meeting that you were unaware that the city was not in compliance with the EPA.Mayor, Eddie Tucker I am glad that you are appalled. It is time to stop passing the buck and get something done!Where has Grisset been during these potponed meetings?The previous called meeting he and Patterson seemed to be missing.The health and welfair of all the citizens of Talladega should be top priority.I once again attended the 16 march council meeting and after a report from Terry Hanna to the city council I was told that there was no problem and Horace Patterson said that was it and that he would do nothing about it.I was also threatened with the gavel by Patterson.He told me I could sue.That following Saturday another full sewege spill occured again around the lift station.I called ADEM and finally the field rep. found a broken sewer line above the lift station hidden in a grown up jungle.I tried to get the city to find the problem but they would not listen to me.City workers worked all weekend to get to the broken sewer line and repair it.But I know that is not the end because grease will build up again and it will break and overflow again as it has done for years.Patterson said that he is dealing with it also he stated that we are detemined and we will be compliant,resilient and will remedy the problems.You patterson also stated that you were unaware of these problems.Now that it out in the open would you like to rephrase your statements because I have pruff that you were indeed aware of the howard steet lift station.I know this because I presented the city with this evedence and I have hours of film related to this situation.For the people who would like to read the minutes go to the Talladega web site and go to council minutes.dates are 2 March 2009 and 16 March 2009.I find the entire situation with the council and the sewer and water board to be appalling. Roger Gunter a concerned taxpayer that has served his country does have rights.
« Ex Mayor 2 @AOL.Com wrote on Thursday, Nov 19 at 11:42 PM »
On our t.v. talk show, IN THE INTEREST OF THE PEOPLE, Benny and I have talked about this subject for several months....We shared with you that if City Manager Stampfler would spend as much time working as he does on vacation, out sick, at a convention or wherever he goes, more things might get accomplished...for the council and the mayor to tell the citizens they were not aware of the seriousness of the situation is "STUPIDITY GONE TO SEED." Give Stamplfer a raise. You have told him he cannot be trusted, and he has failed to act on an order from ADEM from several years back..Based on info Benny and I received from sources at the water department, it will cost millions to correct the problems involving the water & sewer department. Stamplfer knew this...do you not remember how he tried to slip around and sell the water system several months back? You knew them there was a problem. You need to quit blaming all the problems on past administrations.The BARTON administration has been out of office for fifteen years and most of these other elected officials are either dead or no longer in office. The exception is Horace Patterson and Eddie Tucker have been in office for many years and to point the finger at past administrations.... that B U...how ignorant can such educated folks be? Mayor York is quoted as saying, "The overall situation is appauling..This needs to be taken care of immediately." Mayor York has been in the Daily HOme for the past few weeks listing him as having several pieces of property being foreclosed on...and now this is the man who is calling for action? The mayor has also enrolled his son in a St Clair County School... Horace Patterson and Eddie Tucker have been in controversary at Mt. Caanan and Horace was successful in having Eddie removed from the deacon board. According to Eddie and several members of the church, Horace spent over an hour at a church meeting telling the members if they did not vote Eddie off the deacon board, they could all go to jail for something Eddie had done. Citizens, York, Patterson and Tucker are three of the elected officials running our town. All three of these individuals need to resign, along with Stampfler, and elect some competent folks. To be the most educated individuals ever elected in Talldega, I predict that this administration will go down in history as the worst...To you who have just thought or said, Barton is trying to be appointed mayor....No, I am not wanting to be appointed to any position...In 2011, I will decide if I want to run again and let the voters decide if they want me returned mayor. With more than 50 buildings vacant and a budget that is in the red starting off, Talladega will be fortunate to have a city that anyone would want to serve in an elected position...We will talk more on our t.v. program Sun night. I challenge anyone to prove my comments are erroneous.

Post Your Stuff
Daily Home comment section
Aug 28 09 - 01:41 AM

Should The Daily Home require readers to register before posting comments?