THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, March 1, 1995 TAG: 9503010446
SECTION: LOCAL PAGE: B5 EDITION: FINAL
SOURCE: BY MAC DANIEL, STAFF WRITER
DATELINE: SUFFOLK LENGTH: Medium: 61 lines
Several members of the Suffolk City Council are challenging an important source of city income, the city's water resource recovery fee, saying it should not be paid by Suffolk's longtime residents and may be illegal.
At least four members of the seven-member council - Marian ``Bea'' Rogers, Thomas G. Underwood, J. Samuel ``Sammy'' Carter and Richard R. Harris - contend that the fee is a burden on longtime and older Suffolk residents and that it should be imposed only on new developments.
The fee has raised $3 million since it was created in 1990. It is currently paid by any homeowner receiving city water.
``It's time that we address the problem of existing neighborhoods,'' said Rogers. ``I feel very strongly that we should revise that ordinance.''
Harris and others have also said the fee could be illegal because the ordinance was amended by the council in 1990 without holding a public hearing.
Harris has said the fee is ``outdated and unfair for penalizing people who have been in this city all these years.''
In researching the history of the ordinance, city staff members have examined notes from informational meetings and videotapes of past council sessions. Their research indicates that the law was designed to include existing homes as well as new ones, according to William E. Harrell, assistant city manager for development.
The council amended the law in 1990 to specifically include existing homes after a longtime homeowner protested paying the fee.
Thus far, Harrell said, it's the city's opinion that a public hearing was not necessary before that amendment because the ``spirit,'' or original intent, of the ordinance never changed.
The fee is an important source of revenue for the city, which is experiencing a boom in development and more demands for services.
The revenue is also important for the city's utility extension project, a massive public effort to get much of the city connected with water and sewer service. Most households in Suffolk use septic systems or well water.
Before any home can be connected, owners must pay a minimum connection fee of $710.
Residents must also pay the water resource recovery fee, which varies according to the type of dwelling. A multifamily home of five units or more pays $950 per unit. A single-family home pays $1,750.
Residents will soon be able to pay off the fee over a five-year period instead of three years.
If the fee is overturned by the council or in courts, city officials worry that residents may seek millions of dollars in reimbursments.
``It would certainly be a negative implication if fees had to be reimbursed,'' said Harrell. ``It could hamper the city's ability to attempt new projects.
``So it's in everyone's best interest to handle this matter in an efficient way. We're going to do our homework to try and ensure that this matter is handled in a way that protects the city.''
A report on the fees is expected to be brought before the council on March 15. by CNB