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Council adopts wastewater allocation policy after developers raise concerns about notice and prepayments
Summary
The Birksville City Council adopted Resolution 2024-06 on June 17 to establish a five‑year wastewater allocation system for roughly 1,300 equivalent residential units of remaining capacity, after months of staff work and public comment from developers who asked for clarifications on timing and prepayment rules.
The Birksville City Council on June 17 approved Resolution 2024‑06 to establish a wastewater allocation management system aimed at preserving the city’s permitted discharge limits and avoiding an outright moratorium on new wastewater connections.
The policy sets an allocation framework for about 1,300 remaining ERUs and frames a phased, multi‑year rollout intended to prevent a single buyer from purchasing all remaining capacity at once. City staff said the measure is a temporary administrative tool while longer‑term capacity solutions are pursued, such as interconnects with Hernando County.
“For the record, that, could be 2 to 3 years of capacity,” David Hanley said during the presentation, describing the urgency created by peak flows and recent storm events. Hanley and staff told the council they modeled several distribution options and proposed a phased approach that spreads available allocations across an anticipated five‑year buildout window.
Developers and landowners urged additional clarity. Clayton Brickelmeyer, an attorney representing several development interests, said stakeholders had learned of the allocation language late and asked for time to meet with staff. “We could pay you a large fee and get nothing for it,” Brickelmeyer said, warning that a prepayment mechanism that does not carry over could unfairly penalize parties that cannot immediately build.
Councilmembers debated tightening the start date language. Vice Mayor Tanner moved to adopt the resolution with an amendment making the opening date August 1, 2024; after a second, the council approved the resolution in a 4–0 roll‑call vote. The resolution text and staff materials state allocations will be awarded under the adopted method and that contracts must be signed to obligate funds by the end of the calendar year to meet federal and state timelines where relevant.
Staff said they continue pursuing grants and an interconnect to Hernando County as parallel approaches to increase capacity. City engineering noted that additional connection points or a regional solution could reduce pressure on the basin but cautioned those projects could take years.
Next steps: staff will notify listed property owners and developers of the adopted process, and council members encouraged affected parties to meet with staff in the coming weeks to clarify payment timing, transferability and the process for applicants whose timing does not align with the phased allocations.
Outcome: Resolution 2024‑06 adopted, vote 4–0.
