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Council grants PWC assessment appeal after contested hearing; 8–1 vote
Summary
A property owner’s appeal of a sewer-assessment charge tied to a multi-parcel annexation was approved by council 8–1 after testimony and legal argument over timing, notice and whether combining parcels before confirmation affected assessment liability.
Fayetteville City Council approved June 23 an appeal by a property owner seeking relief from a sewer-assessment charge applied to two parcels that he later combined into one, voting 8–1 to grant the appeal.
PWC attorney Tim Smith summarized the utility’s position: the owner had notice of the annexation-phase design and the assessment recommendations, and the property had two laterals built and therefore was assessed for each parcel during the annexation process. Smith said the owner had not objected during the earlier public hearing and that, while the owner later recombined parcels, the record showed notice and design work dating back to earlier phases.
The property owner, identified in the hearing as Mr. Stroud, testified he combined the parcels to avoid multiple tax bills and said he had expected no development on the second parcel and that a privacy fence separated the ground. He told council that while he attended meetings, he did not fully understand the notices and that he believed no construction would occur there.
Council members debated whether reassessment should be required now that the parcels are combined and whether a future owner who subdivides would pay hook-up or assessment fees when using the lateral. PWC and staff explained annexation-assessment fees help defray construction costs for large-phase projects and differ from later tap/connection fees.
After extended discussion, Council member Benavente moved to approve the owner’s appeal; the motion was seconded and the clerk recorded the motion as carried 8–1, with council member Thompson voting in opposition. Council directed staff and PWC to follow up with the owner about the practical effect of the decision and next steps, including any payment or billing adjustments and documentation of the outcome.
