Danville officials address Perryville water complaints, Chick-fil-A bypass entrance remains closed

Published 6:15 pm Monday, June 24, 2024


During the Danville City Commission meeting June 10, Boyle County First District Magistrate Tom Ellis and Perryville Mayor Rob Kernodle addressed the ongoing issues of high water bills and excessive line breaks in Perryville.

Kernodle specifically cited high sewage rates, with Perryville citizens paying nearly two-thirds of their water bill for sewage fees.

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“I’m here tonight as a citizen of Perryville because we are concerned,” Kernodle said. “We pay, in my opinion, commodity pricing on waste. We are not asking for free water. We are just asking for a reduction of water we were unable to use but were charged for anyway with the breaks.”

Danville City Manager Earl Coffey stated that a city ordinance is the reason that Perryville citizens cannot be reimbursed. The Danville Code of Ordinances Chapter 18 Division 4 Section 77 states, “The city shall afford no free water or sewer services to any person, including the city.”

“That water was not only not unusable, but it was also an inconvenience,” Ellis said. “It has been a tremendous inconvenience clearing out lines. It is just a matter of reasoning, this water is absolutely unusable under city, state, and federal health and water codes.”

Ellis requested that the city either provide discounts on the next bill for those affected or seek compensation from contractors conducting the Perryville waterline project. A solution proposed by the city of Danville is that those affected can seek compensation through Danville’s insurance. Ellis explained that even with his former career in insurance, seeking compensation is difficult, especially for people inexperienced in dealing with insurance.

Danville City Attorney Stephen Dexter explained that the city has never provided compensation for water breaks in the past and that it could create an expensive precedent for the city.

“It would put the city in the conundrum of owing every other resident who has even been subject to a boil water advisory payment or compensation,” Dexter said. “It is unfeasible. I will also add the breaks have not been due to negligence of the contractors, but the age of the existing line, which is why this project is taking place.”

Dexter said that water and sewage pricing for all Danville customers operates at a cost based on a third party’s regular assessment of expected costs.

“With sympathy to the residents of Perryville and the inconveniences that were incurred, the city has taken steps to provide the best system possible,” Dexter said.

Later in the meeting, Dexter provided an update on why the entrance to Chick-fil-A from the Danville Bypass remains closed. After delays in reopening due to weather delaying road construction through April and May, gas company Kinder Morgan has filed a legal complaint against the developer Team Leader due to disagreements in the language used in the encroachment permit.

“The city has exhausted its possibilities in mediating the situation,” Dexter said. “The city is disappointed in their lack of finding an amicable resolution that benefits Danville.”

Dexter said he has strongly urged both parties to seek mediation on the issue as soon as possible to resolve the issue.

In other news from the meeting, the commission passed the first reading of the following ordinances:

  • Ordinance 2032—This ordinance approves the city of Danville’s budget for the new fiscal year. The city has a total budget of $52,695,605.
  • Ordinance 2033 – The Alcoholic Beverage Control alcohol sale license fee has been made a uniform five percent for all applicants.
  • Ordinance 2030 – This ordinance is the city’s 2025 fiscal year compensation and classification plan.
  • Ordinance 2031—This ordinance contains Danville city staff recommendations for the number of authorized full-time positions of city employees. Across all departments, the City of Danville has 176 full-time employees, an increase of one.