Boardwalk Tap Fee Discount Update 4/11/26
- Apr 11
- 3 min read
Updated: Apr 11
As I promised in my previous blog, I would do my best to get answers on why Boardwalk fees were discounted and if the Town Manager or Assistant Town Manager had the authority to waive water sewer tap (connection) fees. I also shared the memorandum of agreement (MOA) where the Town Manager (Assistant Town Manager at the time) signed off on what appears to be over $160k in discounts.
Town Attorneys’ Response and Opinion
I requested clarification from the Attorney on who has the authority to waive water sewer connection fees and below is what he said I could share with the public his two points below in BLUE:
His key opinions were:
Determining the type of water connections and the number of water connections was, and is, within the authority of the Town Manager.
The Town Council can consider amendments to the Town Code of Ordinances to limit this authority and to require Council approval in certain situations.
*It is my understanding that attorney client privilege limits what I can share so I’m only posting what he said I could share with the public.
My opinion and State/ Town Codes that support
I’m still not convinced the town managers office has the authority to waive hundreds of thousands in fees with no Council approval or public knowledge. The point I would argue is even if the town manager has the authority to reduce the number of connections, I’m not so sure he or she has the authority to waive the “fees” per residential unit required by town code. In the phase 3A/3B example 20 condos were eliminated from the connection fee requirement, effectively waiving the fees. Additionally when meters are not installed by unit we make it impossible to enforce the code pertaining to collection of user fees because we cannot disconnect for nonpayment.
VA Code § 15.2-2119. Fees and charges for water and sewer services provided to a property owner.
To date I have not been provided with any ordinance or policy that allows for the town manager to “reimburse” fees. I also believe the below code proves we should be billing connection fees by unit not per number of connections.
ARTICLE VI. - FEES AND SERVICE CHARGES - Town Code
As I stated before I believe this issue needs to be addressed by Council and while we may not be able to stop what’s happened in the past we can help prevent taxpayers from getting fleeced in the future by working for more transparency and additional restrictions on town manger authorities.
**Per the purchase agreement no discounts were granted**
My conclusions thus far from the questions I had
Q. Who is authorized to grant discounts? (According to VA Code no one has the authority without an ordinance or policy. I have not been provided with either*).
Q. What are the limits of any discounts that can be granted? (It depends on who you ask but the town seems to use the number of connections as a method of discounting so the limit would be determined by the number of units in a building) *.
Q. Why are condos and other residences being approved without separate water meters? (The town believes the town manager has the authority to grant approval)*.
Q. Who else is getting discounts and who approved the discounts? (Pending).
Q. What residents and businesses are not paying water sewer bills per unit? (Pending)
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