Richard N. Swecker
5 1 Sunset Drive
Reedsville, WV 26547
Tel: (304) 864-1049
E-mail:
July 1, 2013
Sandra Squire, Director
W.Va. Public Service Commission
201 Brooks Street
Charleston, WV 25301
Re:
Mayor James Maier
Town of Kingwood
313 Tunnelton Street
Kingwood, WV 26537
Larry Kump
Room 6U-6, Building 1
State Capitol Complex
Charleston, WV 25305
City of Kingwood (City) sewer project: Case Nos. 10-1800-MA & 11-0257-S-CN
Dear Director Squire:
Dear Mayor Maier:
Dear Delegate Kump:
On March 12, 2010, the Public Service Commission (PSC) executed a 15% sewer rate increase
that became effective on March 15, 2010 (see City’s legal notice, Exhibit #14).
City’s legal notice does not provide i t s customers with an explanation for the rate increase;
but we do have internal documentation and detailed eyewitness accounts. We refer here t o
Kingwood Sanitary Sewer Board Meeting minutes dated December 16, 2009:
“Matt Fluharty & Travis Adams explained the 15% sewer rate increase is not specifically for
the project but for 0 & M expenses &the bond payments. This does affect the project to get
the rates for grant money” (see Exhibit #12).
We see that City initiated its 15% sewer rate increase to 1)advance the project, 2) to cover
escalating operation and maintenance expenses, 3) to pay the Series 2009 A Bonds, and 4) to
improve the books financially to get more grant money. City and PSC had no certificate of
convenience and necessity, no valid Rule 42, and no consent from the rate-paying customers!
On July 25, 2013, City sold i t s Series 2012 A Bonds for $15,795,000, and paid off the Series
2009 A Bonds (see Exhibit #39, Conformed Bond Ordinance). 1)City’s sewer project is now fully
funded; 2) the Holleran Addition grinder pumps are being replaced saving City $145,000
annually on operation and maintenance expenses (see Exhibit #4, page 2); 3) the Series 2009 A
Bonds have been paid off; and 4) City has successfully obtained its grant money.
The project has been funded, the grinder pumps are being replaced, and the Series 2009 A
Bonds have been paid off. Hence, the 15% sewer rate increase of March 15,2010, has outlived
i t s usefulness, but it is still wrongfully on the books! This rate increase must be repealed, and
customers of the system must be reimbursed, including accrued interest, for the overbilling!
We have enclosed petition signatures for redress under the First Amendment of the United
States Constitution. We presume that the Constitution is outside your jurisdictions; but we are
placing this burden upon your straw-mens’ shoulders, seeing if your corporation can respond!
Richard N. Swecker
”
west virginin department of environmentul protection
Joe Manchin 111, Governor
Stephanie R. Timrnernieyer, Cabinot Secretary
www. wvdep.org
Division of Water and Waste Management
601 57IhStreet 3E
Charleston, WV 25304
Phone: (304) 926-0495
Fa; (304)926-0496
TO:
Mike Johnson, P.E., Program Manager, DWWM
FROM:
DavidByrd
ATE:
SUBJECT:
&4
April 10,2008
Kingwood Preliminary Application: 20073-998
(Revised - System Improvements and Sewer Extension}
The IJDC Preliminary Application (Amendment #l ) and the PreIiminary Engineering Report
for the City of Kingwood Sanitary Sewer System Improvements and Extension Project have
been reviewed. I recommend that the project be certified to the funding committee.
This project will make improvements to rhe existing wastewater treatment plant, provide
sewer collectign service to 70 new customers along Route 7 North, replace the It 02 existing
residential grinder pumps in the Holleran Addition with a gravity sewer collection system, and
make impTovements to the existing lift stations in the cdeetion system.
The proposed wastewater treatment plant jmprovements include the installafion of a frne bar
screen, gearing €or the clarifiers, upgrading the UV system>repairing concrete cracks in the
clarifiers, replacing the existing potable water supply fir the plant, improving the sfudge
conveyor system, upgrading the electrical system, replacing the existing sludge pumps, and
installkg a new flow control chmber at the entrance to the plant.
The new Rouk 7 North gravity collection system will consist o f 24000 LF of 8” sewer pip,
4,000 LF of 6“ sewex pipe, 3,800 LF of 4” force main, and one duplex lift station.
The proposed Holleran Addition gravity collection system will consist of21,OOU LF of 8”
sewer pipe77,000 LF of 6” sewer pipe, 22,500 LF o€ 8” force matin, and two d q h x lifr stations.
This project will also replace the existing Welfsky Lift Station with a new lift station and
upgrade the existing S0uit.hFork and Crogran Lift Stations.
Promoting a healthy environment.
,-
This project will provide sewage colleGtion in areas north of Kingwood that are not presently
served by a central collection system. The insfdfationofpublic sewers will serve an area that has
a great potential for economic development and allow more flexibility for residential
devebpmmt. A new Wd-Maft has been constructed and future developmentis being planned.
The residential grinder pumps in the Hokrm Addition have become a burden for the City
because of fkquent failtires and constant operation and maintenance issues. It is estimated the
City will spend nearly $145,000in 2008 on parts and labor to keep the grinder pumps safe and
usable. The costs will ody escalate in the coming years as the grinder pumps get older and more
unreliable.
The proposed improvements at the wastewater treatkent plant will allow the plant to
continue to operate in compliance with &e existing WY NPDES permit
The City of Kingwood will be responsible for the operation and maintenarm of the
wastewater collection system and the wastewater treatment plant,
_-
The City of Kingwood will have to modi@ its existing NFDES Permit, No. WOO21 881, to
include the new sewer collection system extensions. Construction activities with a disturbed area
of one (1) acre or greater are required to register for the NPDES Storm Water Construction
General Permit No. WVDZ 15924, which became effective on December 5,2007.
A public meeting must be he!d to infiorm the citizens living ia the affected areas about tine
project scope, hances, sewage rates, schedule, and environmental impact. The public meeting
will have io be held prior to the start ofdetailed project design.
KINGWOOD SANITARY SEWER BOARD MEETING
DECEMBER 16,2009
The Kingwood Sanitary Sewer Board met in regular session December 16,2009
@ 1O:OO am. Those present were; Chairman, James Lobb; Vice Chairman, William
Rosier; Fred Koch; Secretaryflreasurer, Martha Moore; Supervisor, Phillip DeVaIl;
Chief Operator, Dave Glover.
Guests were; Matt Fluharty, Travis Adams with Thrasher Engineering; Robbie Baylor
with EDA; Sheila Williams, City Attorney; Lana Smith, Lee Wolfe, Tngram Lydia With
Region VI; James Maier, City Council.
Mr. Rosier moved to approve the minutes of the November 17th& the December 3,2009
meetings. Mr. Koch seconded motion. Motion carried with all voting yes.
Mr. Koch moved to adjust Donna Meissner, 115 McDonald St sewer for a water leak.
Mr. Rosier seconded motion. Motion carried with all voting yes.
Matt Fluharty & Travis Adams explained the 15% sewer rate increase is not specifically
for the project but for 0 & M expenses & the bond payments, This does affect the
project to get the rates for grant money.
The Sewer Board, Region VI, Thrashers, Sheila Williams, & James Maier discussed the
projectin detail.
The Board reviewed the flow meter quotes; EI Technical Services, $4739.00; Teledyne
Isco, $4557.00; CI Thornburg Co., $6949.00. Phillip & Dave explained the difference in
quotes. Phillip & Dave like the E1 Technical for $4739.00. Mr. Lobb moved to approve
the purchase of the EI Technical for $4739.00. Mr. Rosier seconded motion. Motion
carried with all voting yes.
Mr. Koch moved to adjourn @ 11:46 am. Mr. Rosier seconded motion. Motion carried
with all voting yes.
LEGAL NOTICE
1
BY CITY OF KINGWOOD
Notice is hereby given that the City of Kingwood, a municipal utility, has
adopted by ordinance on January 26, 2010, a tariff containing increased
rates, tolls and charges for furnishing sewer service to the 1375 current
customers of the City of Kingwood sewer system, all of which is situate in
Preston County, West Virginia.
The proposed increased rates and charges will become effective March
15, 2010, unless otherwise ordered by the Public Service Commission
("the Commission") and will produce approximately $70,080.00 annually in
additional revenue, an increase of 15%. The average monthly bill for the
various classes of customers will be changed as follows:
INCRFASE @d
Residentid (only one crass in City,
$4.93
15%
applies to all users)
Commercial
NtA
N/A
IndustriaJ
NfA
NfA
ELesa.k
NIA
NIA
NIA
NIA
m r
The increase shown is based on averages of all customers in the indicated
class. lndividual customers may receive increases that are greater or less
than average. Furthermore, the requested rates and charges are only a
proposaf and are subject to change (increases or decreases) by the
Commission in its review of this filing. The Commission shall review and
approve or modify the increased rates only upon the filing of a petition within
thirty (30) days of the adoption of the ordinance changing said rates or
charges, by:
( 1 ) Any customer aggrieved by the changed rates or charges who
presents to the Commission a petition signed by not less than 25% of the
customers served by the Town of Kingwood; or
(2) Any customer who is served by the Town of Kingwood and who
resides outside the corporate limits and who is affected by the change
in said rates or charges and who presents to the Commission a petition
aiteging discrimination between cusLomers within and without the
municipal boundaries. Said petition shall be accompanied by evidence of
discrimination; or
(3) Any customer or group of customers who are affected by said change
in rates who reside within the municipal boundaries and who present a
petition to the Commission alleging discrimination between said customer
or group of customers and other customers of the Town of Kingwood. Said
petition shall be accompanied by evidence of discrimination.
Ail petitions should be addressed to the Executive Secretary, Public
Service Cornmission of West Virginia. 201 Brooks Street, P.O. Box 812,
Charleston, West Virginia 25323.
A complete copy of the proposed rates is available forpublic inspection at
the Kingwood City Hall, Kingwood,West Virginia.
A copy of the proposed rates is available for pubtic inspection at the office
of the Secretary of the Public Service Commission at 201 Brooks Street,
Charleston, West Virginia.
2/6,13
f.
:
..
.I
..
3.
. #
.
-.
e
Additional terms and p h s e s are defkerl in rkis O r a m = as they are used. Words
importing singdar number &ail include the plural number in each case and vice versa; words importing
persons shall include 5mzs and corporati~ns;and words importing the masculine, ferninhie or neutd
gender shall indude any atber gender.
The cast of the Project is estimatednot to esceed $16,295,000,of wbieh approximately
S15,?9S,Q00 will be ob’cained t?om the proceeds of the Sen% 2012 A Bonds, approximately 3300,000
will be dbtained &ora the proceeds of the Series 2012 E? Bonds and $200,000 will be obtained 5om a
West Virginia biiastntcture and Jobs Development CQURG~
ipxt.
Section 2.02. Aa&o&~on of Pament of tfit Series 2009 A Bonds- There is hereby
authorized and ordered the payment in firll of the entire outstanding prkcl‘pd and &e i0temt on %he
Series 2009 A Bonds OR the closing Date, the cost of wbkh will be paid Bum the proceeds of the Swiw
20x2 Bonds. Upon payment in Mt of the Series 2009 A Bonds, any ftnds pledged in favor of &e
W C I E of
~ ~the
~ Series 2009 A Bonds are hereby OTdered b&M,
discharged and released
Section3.01. Authorization of Bonds. For the purp~sesof paykg a portion of h e
Costs of the Project not othenriise provjdcd for and paying certain costs of issuance of the Series 2012
Bonds and re13ied costs, or any OT all of such pu~poses,its dcimxined by the SupplmenraI Resoltition,
thhere shalt be and hereby am authorized to be issued the negotiable S a k s 20i2 Bonds of the Issuer. The
ScrieS 2012 Bonds shall be issued in two series, each as a single bond, designrrted respectively as ”Server
Revvenue Bonds, S a k 2012
~
A (West Virghia S2@ Program)”, in &e p&’i~&al arnount of not more than
$15,795,000,and “Sewer Revenue Bonds, Series 2012 3 (West V i r e a SRF fmgamf,” in the prjncjpd,
IO
-
i i‘
i
i
i
i
d&
This is a citizen’s petition for repeal of t h e City of Kingwood’s 15% sewe
became effective on March 15,2010.The increased revenues at t h e time were said to be
needed to 1)fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3) to cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000 on July 25,2012, so the project is now fully funded. On July 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
t h e Holleran Addition are being replaced with gravity flow, saving City $145,000 annually. We
are asking that the 15%sewer rate increase of March 15,2010, be rescinded; we want a d d e d
rate relief because we are no longer maintaining the grinder pumps; and w e want reimbursed
for the overbilling that has occurred since March 10,2010. We estimate a 30% rate reduction,
which we will negotiate with City, the Public Service Commission, and the Department of
Environmental Protection. Our ultimate goal is t o obtain a seat a t t h e bargaining table for
Citizens of the neighborhood: It may require a boycott of City services: “We stand at
Armageddon, and we battle for the Lord”. -Teddy Roosevett, Bull Moose Party, 1912.
1
I
I
1
This is a citizen’s petition for repeal of the City of Kingwood’s 15% sewer rate increase t h a t
became effective on March 15,2010. The increased revenues a t the time were said t o be
needed t o 1) fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3) t o cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000 on July 25,2012, so the project is now fully funded. On fury 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
the HofleranAddition are being replaced with gravity flow, saving City $145,000 annually. We
are asking that the 15% sewer rate increase of March 15,2010, be rescinded; we want added
rate relief becausewe are no longer maintainingthe grinder pumps; and we want reimbursed
for the overbillingthat has occurred since March 10,2010. We estimate a 30% rate reduction,
which we will negotiate with City, the Public Service Commission, and the Department of
Environmental Protection. Our ultimate goal is to obtain a seat at the bargainingtable for
Citizens of the neighborhood: It may require a boycott ofCity services: “We stand a t
Armageddon, and we battle for the Lord”. -Teddy Roosevelt, Bull Moose Party, 1912.
Printed name
This is a citizen’s petition for repeal of the City of Kingwood’s 15% sewer rate increase that
became effective on March 15,2010. The increased revenues a t the time were said to be
needed t o 1)fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3) t o cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000 on July 25,2012, so the project is now fully funded. On July 25, 2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
the Holleran Addition are being repfaced with gravity flow, saving City $145,000 annually. We
are asking that the 15% sewer rate increase of March 15,2010, be rescinded; we want added
rate relief because we are no longer maintainingthe grinder pumps; and we want reimbursed
for the overbilling that has occurred since March 10,2010.We estimate a 30% rate reduction,
which we will negotiate with City, the Public Service Commission, and the Department of
Environmental Protection. Our ultimate goal is to obtain a seat at the bargainingtable for
Citizens of the neighborhood: It may require a boycott of City services: “We stand at
Armageddon, and we battle for the Lord”. -Teddy Roosevelt, Bull Moose Party, 1912.
I
I
I
I
This is a citizen’s petition for repeal of the City of Kingwood’s 15% sewer rate increase t h a t
became effective on March 15,2010. The increased revenues at the time were said t o be
needed t o 1)fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3) t o cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000 on July 25,2012, so the project is now fully funded. On July 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A 80nds. The grinder pumps in
t h e Holleran Addition are being replaced with gravity flow, saving City $145,000 annually. We
are asking that the 15% sewer rate increase of March 15,2010, be rescinded; we want added
rate relief because we are no longer maintaining the grinder pumps; and we want reimbursed
for the overbilling that has occurred since March 10,2010, We estimate a 30% rate reduction,
which we will negotiate with City, the Public Service Commission, and the Department of
Environmental Protection. Our ultimate goal is to obtain a seat at the bargainingtable for
Citizens of the neighborhood: It may require a boycott of City services: “We stand a t
Armageddon, and we battle for the Lord”. -Teddy Roosevelt, Bull Moose Party, 1912.
I
I
I
This is a citizen’s petition for repeal of the City of Kingwood’s 15%sewer rate increase that
became effective on March 15,2010.The increased revenues a t t h e time were said to be
needed to 1)fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3)to cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000on July 25,2012, so t h e project is now fully funded. On July 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
t h e Holferan Addition are being replaced with gravity flow, saving City $145,000 annually. We
are asking that the 15%sewer rate increase of March 15,2010, be rescinded; we want added
rate relief because we are no longer maintaining the grinder pumps; and we want reimbursed
for the overbilling that has occurred since March 10,2010-We estimate a 30%rate reduction,
which we will negotiate with City,t h e Public Service Commission, and the Department of
Environmental Protection. Our ultimate goal is to obtain a seat at the bargaining table for
Citizens of t h e neighborhood: It may require a boycott of City services: ‘We stand a t
Armageddon, and we battle for the Lord”. - Teddy Rooseveit, Bull Moose Party, 1912.
Printed name
This is a citizen’s petition for repeal of the City of Kingwood’s 15%sewer rate increase that
became effective on March 15,2010. Tbe increased revenues at the time were said to be
needed t o 1)fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3}to cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
fur $15,795,000 on July 25,2012, so the project is now fufiy funded. On July 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
the M oileran Addition are being replaced with gravity flow, saving City $145,000 annually. W e
are asking that the 15% sewer rate increase of March 15,2010, be rescinded; we want added
rate relief because we are no longer maintaining the grinder pumps; and we want reimbursed
for the overbilling that has occurred since March 10,2010-We estimate a 30% rate reduction,
which we will negotiate with City, the PubficService Commission, and the Department of
Environmental Protection. Our ultimate goal is to obtain a seat at the bargainingtable for
Citizens of the neighborhood: It may require a boycott of City services: “We stand a t
Armageddon, and we battle for the Lord”. -Teddy Roosevelt, Bull Moose Pattyl 1912.
This is a citizen’s petition for repeal of t h e City of Kingwood’s 15%sewer rate increase that
became effective on March 15,2010. The increased revenues a t the time were said to be
needed to 1)fund the sewer project, 2) pay for the Series 2009 A Bonds, and 3) to cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000 OR July 25,2012, so t h e project is now fully funded. On July 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
t h e Holleran Addition are being replaced with gravity flow, saving City $145,000 annually. We
are asking that the 15%sewer rate increase of March 15,2010, be rescinded; we want added
rate relief because we are no longer maintaining the grinder pumps; arid we want reimbursed
for the overbilling that has occurred since March 10,2010. We estimate a 30%rate reduction,
which we wili negotiate with City? the Public Service Commission, and t h e Department of
Environmentat Protection. Our ultimate goal is to obtain a seat a t the bargaining table for
Citizens of the neighborhood: i t may require a boycott of Ciw services: “We stand a t
Armageddon, and we battle for the Lord”. -Teddy Roosevelt, Bull Moose Party, 1912.
f
Printed name
t
t
1
This is a citizen’s petition for repeal of the City of Kingwood’s 15%sewer rate increase that
became effective on March 15,2010. The increased revenues a t t h e time were said to be
needed to 1)fund t h e sewer project, 2) pay for t h e Series 2009 A Bonds, and 3)to cover
increased costs for operation and maintenance of the system. City sold its Series 2012 A Bonds
for $15,795,000 on July 25,2012, so t h e project is now fully funded. On July 25,2012, City paid
off its Series 2009 A Bonds with revenue from the Series 2012 A Bonds. The grinder pumps in
t h e Holleran Addition are being replaced with gravity flow, saving City $145,000 annually. We
are asking that the 15% sewer rate increase of March 15,2010, be rescinded; we want added
rate relief because we are no longer maintaining t h e grinder pumps; and we want reimbursed
for the overbitlingthat has occurred since March IO,2010. We estimate a 30%rate reduction,
which we will negotiate with City, t h e PublicService Commission, and the Department of
Environmental Protection. Our ultimate goaf is to obtain a seat at the bargaining table for
Citizens of the neighborhood: It may require a boycott of City services: “We stand at
Armageddon, and we battle for t h e Lord”. -Teddy Rooseveit, Bull Moose Party, 1912.
Printed name