PANEPINTO LAW OFFICES 915 NATIONAL ROAD

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1 MARK D. PANEPINTO ATTORNEY AT LAW PANEPINTO LAW OFFICES 915 NATIONAL ROAD WHEELING. WEST VIRGINIA PHONE (304) FAX (304) November 6,2014 By Facsimile Transmission To: (304) and Regular U.S. Mail Ingrid Ferrell, Executive Secretary Public Service Commission of West Virginia Post Office Box 812 Charleston, WV RE: Town of Bethany / AN ORDINANCE OF THE TOWN OF BETHANY, WEST VIRGINIA, AMENDING THE RATES, FEES AND CHARGES FOR USE AND SERVICE OF THE MUNICIPAL SEWERAGE AND SEWAGE WORKS, OPERATED BY THE BETHANY SANITARY BOARD, AND SUPERSEDING PRIOR ORDINANCE NO. 147, ADOPTED MAY 5,2010, AND ANY OTHER PRIOR INCONSISTENT LEGISLATION Dear Ms. Ferrell: As required, enclosed for filing please find the following documents in regards to the abovereferenced matter: The affidavit ofpublication relative to the post-adoption public notice (Class I1 legal publication of Tariff Form No. 12) (original and 12 copies); The Affidavit of Public Notice (posting) (original and 12 copies); and An approved copy of the Minutes of the September 3,2014, and October 1, 2014, meetings. If you should have any questions, comments, or concerns, please do not hesitate to contact my office. Thank you for your attention and cooperation in this regard. Very truly yours, MDP/mdp Enclosures G:\CLIENTS\W~SOI.\Bethaoy, Town 0nScwcragc.eU014\Public Sew. Camm. Itr. 1 I wpd

2 STATE OF WEST VIRGINIA, COUNTY OF OHIO. I.for the publisher of the Wheeling I News Register newspaper published in the CITY OF WHEELING, STATE OF WEST VIRGINIA, hereby certify that the annexed publication was inserted in said newspaper on ;he following dates:, Given under my hand this Sworn to and subscribed before me this day of f-*,-d&at WHEELING, OHIO COUNm WEST VIRGINIA oj in and for OHIO COUNTI: WEST VIRGINIA. My Commission expires 2 %=?32/ /

3 AFFIDAVIT OF PUBLIC NOTICE BY POSTING State of West Virginia County of Ohio, to wit: I, Cynthia R. Hoffman, being first duly sworn upon my oath, do depose and say that I am the Recorder for the Town of Bethany, and that I have been duly authorized by the Town Council to execute this affidavit of public notice by posting. The attached public notice, substantially in the format of Tariff Form No. 12 of the Public Service Commission of West Virginia's Rules for the Construction andfiling of Tar@, 150 C.S.R. 2, and as required by 150 C.S.R c.4., was first posted in a conspicuous place on the premises where the City/Town conducts its utility business with the public on September 3, 2014, and remained posted until November 5, ; -;s- ~y commission expires: y

4 Tariff Form No. 12 (Tariff Rule 44) PUBLIC NOTICE OF CHANGE IN RATES BY MUNICIPALITIES NOTICE is hereby given that the Town of Bethany public utility, has adopted by ordinance on October 1,2014, a tariff containing increased rates, tolls and charges for furnishing water and sanitary sewer service to 2 15 customers at the Town of Bethany in the County of Brooke. The proposed increased rates and charges will become effective January 5,2015, unless otherwise ordered by the Public Service Commission and will produce approximately $25, annually in additional revenue, an increase of approximately 12%. The average monthly bill for the various classes of customers will be changed as follows: (Is) INCREASE INCREASE(%) Residential, Commercial, Br Other Metered Customers (based upon 3000 gallons per month) $ % Residential, Commercial, Br Other Nan-metered Customers $ % The increases shown are based on averages of all customers in the indicated class. Individual customers may receive increases that are greater or less than average. Furthermore, the requested rates and charges are only a proposal and are subject to change (increases or decreases) by the Public Service 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: (I) Any customer ag-grieved by the changed rates or charges who presents to the Commission a petition signed by not less than twenty-five percent of the customers served by such municipally operated public utility; or (2) Any cusromsr \vho is semed by a municipally operated public utility and who resides outside the corporate limits and who is affected hv the change in said rates and charges and who presents to the Commission a petition alleging discrimination between cusromers within and without the municipal boundaries. Said petition shall be accompanied by evidence of discrimination; or (3) Any customer or soup 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 behveen said customer or group of customers and other customers of the municipal utility. Said petition shall be accompanied by evidence of discrimination..411 petitions should be addressed to the Executive Secretary, Public Service Commission of West Virginia, 701 Brooks Street, P.O. Box 812, Charleston, West Virginia A complete copy of the proposed rates, as well as a representative of the utility to provide any information requested concerning it, is available to all customers, prospective customers, or their agents at any ofthe following offices of the utility. Town of Bethany Bethany Community Center 326 Church Street, Bethany, WV Cynthia R. Hoffman, Recorder (telephone: ) A copy ofthe proposed rates is available for public inspection at the office of the Executive Secretary of the Public Service Commission at 201 Brooks Street, P.O. Box 812, Charleston, West Virginia

5 Regular Meeting of thetown Council Bethany, West Virginia The following Minutes taken at the Council Meeting!. held 10/1/14 Mayor - Jay Eisenhauer Recorder - Cynthia R. Hoffman Council Members -Thorn Furbee, Helen Moren, Ted Pauls and Shirley Kemp Treasurer - Melanie Stewart Solicitor - Mark Panepinto Absent - Pat Sutherland Guests - Mr. Phil Diserio, WV House of Delegates Chief Michael Bolen, Bethany Police Department Mayor Eisenhauer called the meeting to order and asks everyone to stand for the Pledge of Allegiance. Mayor Eisenhauer welcomed Shirley Kemp and ask her to come forward to take the Oath of Office/Councilwoman. Attached to the original copy of these minutes is a copy of the Oath of Office and Certificate, for Ms. Kemp and is made a part thereof. Mayor Eisenhauer welcomed the New Chief of the Bethany Police Department, Chief Michael Bolen. Auuroval of Minutes Mayor Eisenhauer asks, if there are any additions or corrections to the minutes of September 3,2014 that were presented. Mayor Eisenhauer asks for A Motion to accept the minutes that were presented. A Motion was made by Councilwoman Moren and seconded by Councilman Pauls to accept the minutes, as presented (9/3/14). AVoice Vote was called for: Motion Carried The Agenda for this meeting October 1,2014 is attached to the original copy of the minutes and is made a part thereof Treasurers Report -Town of Bethanv & Sanitation Reuort

6 Attached to the original copy of the minutes are the: Town of Bethany Budget Report (September, 2014) Bethany Sanitation Board Budget Report (September, 2014) Treasurer Stewart explains that truck payments and insurance was paid this month, for the Bethany Volunteer Fire Department - also, Insurance for thetown of Bethany. Also, The IRP truck taxes are more than we projected. Also, it was noted, that the Coal Severance Fund/revenue and expenditures are listed on a separate sheet. New checks have been ordered and on the checks, it will state/ only good for 60 days. After much discussion and questions/there is still a question in the minds of the Council Members, regarding the Unassigned Fund Balance/now known as Cash in Bank. We will continue to create a system, that everyone can understand. Bethany Sanitation Board Budget Report - A Motion was made by Councilman Pauls and seconded by Councilwoman Moren to accept the Town of Bethany Report and the Bethany Sanitation Board Report for September, A Voice Vote was called for: Motion Carried Police Reuott Chief Bolen states, that he plans on attending each of our council meetings. The following are some of the issues, Chief Bolen touched on. a) Police procedure - Emergency Plan within the next 60 days b) Operations Manual c) Secure Office d) College/Town Meetings e) Afternoon shifts and adjusting times f) Credit card for the Police Department ONLY g) Camera system for the building It was also noted by Chief Bolen that Court would remain the 3rd Thursday of each month. It was also noted that Officer Harry Myers and Chief Larry Palmer have resigned/this makes the department two officers down. Comments from the Public

7 Mayor Eisenhauer introduced Mr. Phil Diserio, WV House of Delegates and ask him to say a few words. Delegate Diserio read a letter from Mr. Tim Miley, Speaker of the House and Mr. Brent Boggs, Chair, Committee on Finance. In part, the letter stated - This is to notify you that we have sent, on your behalf, a request for funding in the amount of $3, to the Office of the Governor and the Development Office. *** A CODY of the letter is attached to the original CODY of these minutes and made a Dart thereof. Delegate Diserio stated, the approval for this grant had be given by Governor Tomblin on 7/16/14. Delegate Diserio stated, that he had attended a meeting, regarding the new bridge to be built. F.V.I. - this bridge will be a part of the tith largest highway system. Mayor Eisenhauer, Recorder Hoffman and members of the Bethany Town Council, thanked Delegate Diserio for coming to our meeting and for requesting funding on our behalf. It was noted, that this is the second grant Delegate Diserio has gotten for the Town of Bethany. ***Under Comments from the Public/ Public Comment/Public Hearindre: with respect to the proposed sewer rates. NO Town of Bethanv Residents appeared at this meeting to make anv public commedre: with respect to the proposed sewer rates. Mavors Report 1) Sanitation Report - Permit will end December, Mayor Eisenhauer reported, that the lagoon is working well and that revenue is good and right were we should be for the ls quarter. 2) Grant Information -this will be discussed under New Business 3) Cerrone Information -this information is on file, in the Recorders Office and upon request, may be viewed. 4) Housing Update - Mayor Eisenhauer states, that Bethany College and the BDC had a meeting. The college may want to partner with the BDC/re: housing development. Mayor Eisenhauer was unaware that Mr. Pat Ford had never seen the area of Point Breeze Drive an the available land. Mayor Eisenhauer made sure, Mr. Ford was taken on that tour. As of Ip.p now/lll Main Street if off the table. 5) Mon Power Update - Recorder Hoffman had an from Mr. Alan Staggers - this information is attached to the original copy of these minutes and made a part thereof. Solicitors Report ***(I left the following in the minutes. under the Solicitors Report, as a reminder, that this was done bv Solicitor Panepinto and Recorder Hoffman -this was in the minutes of 9/3/14/Solicitor Panepinto gave Recorder Hoffman some paperworkhe: the new ordinance and ask her to make sure, that it was posted. There will be (2) newspaper publications/ September lzth and lgth, During the Bethany Town Council meeting on 10/1/14, a Public

8 Hearing will be held -giving members of the town an opportunity to make any comments and to ask questions. If, everything goes as planned, the new sewer rate increase will go into effect on 1/5/2015. Solicitor Panepinto ask Treasurer Stewart, if the number 264 active customers was correct? Treasurer Stewart didn t think this number was correct and will deliver to Solicitor Panepinto s office/correct documentation. Solicitor Panepinto tells Recorder Hoffman that he will need a copy of the minutes from 10/1/14 after they are approved on November 5,2014. Also, that there will be an affidavit to be signed, stating that the Ordinance and information regarding the rates, have been posted, in the three (3) locations, in the Town of Bethany from 9/3/14 thru 11/5/14. Also, on 11/5/14, Solicitor Panepinto will need a signed copy of Ordinance #156. Comments from Council Councilwoman Moren states, that residents have inquired about fixing the potholes on Ross Street. Mayor Eisenhauer states, that Mr. Hubbard will be doing some patching around town, in the near future. Unfinished Business Recorder Hoffman reads by Title Onlv (2& Reading) the ordinance/regarding the sewer rates. An Ordinance of the Town of Bethany, West Virginia, amending the rates, fees and charges for use and service of the municipal sewerage and sewage works, operated by the Bethany Sanitary Board, and superseding prior Ordinance #147, adopted May 5,2010, and any other prior inconsistent legislation. ***Attached to the original copy of these minutes and made a part thereof - is the signed Ordinance #156 and the proposed change in the rates per gallon. ***Attached to the original copy of these minutes and made a part thereof: is a copy of the Resolution Authorizing the Town of Bethany to borrow funds necessary to complete replacement of Main Street Sanitary Sewer Line. On Motion of Town Council member Thom Furbee seconded by Councilmember Shirley Kemp at a duly convened meeting of the Town Council held this 1 day of October, 2014, the forgoing resolution is ADOPTED. Recorder Hoffman gave a brief report/regarding, Halloween, Town of Bethany, it will be held on Thursday, 10/30/14. The party will be begin at 5pm at the Bethany Memorial Church with a parade, beginning at 5pm. Trick n Treat will follow for 5:30 to 7:30pm. Recorder Hoffman submitted the form - Request for Funds from the Town of Bethany - the signed form is attached to the original copy of these minutes and made a part thereof. Recorder Hoffman reminded everyone that Very Soon, notices will go up/regarding the Town of Bethany/Municipal Elections, to be held - June, 2015.

9 New Business Mayor Eisenhauer asks for a Motion to reimburse Councilwoman Kemp for the purchase of cornstalks and ribbons to decorate Main Street. A Motion was made by Councilman Pauls and seconded by Councilman Furbee to reimburse Councilwoman Kemp for the purchase of cornstalks and ribbons to decorate Main Street. A Voice Vote called for: Motion Carried Mayor Eisenhauer ask for a Motion that the Town of Bethany would pay 10% ($350.00) on the Grant, that was secured for the Town of Bethany from Delegate Diserio (Grant in the amount of $3,500.00). (**see above information under Comments from Public and other documents in the office of the Town Recorder). A Motion was made by Councilman Pauls and seconded by Councilwoman Kemp to pay 10% ($350.00) on the Grant, that was secured for the Town of Bethany from Delegate Diserio (Grant in the amount of $3,500.00). A Voice Vote called for: Motion Carried Adiournment There being no further business to come before the Council. A Motion was made for adjournment. (7:35PM) A Motion was made by Councilman Furbee and seconded by Councilwoman Kemp for adjournment. Motion Carried I, Cynthia R. Hoffman, Town Recorder of the Town of Bethany, West Virginia, DO HEREBY CERTIFY that the foregoing is a true and correct report of all Motions, Resolutions and Ordinances passed or enacted, and all other procedures had and taken by the Town Council at the Regular Meeting held October 1, I, Jay A. Eisenhauer, Mayor of the Town of Bethany, West Virginia, DO HEREBY AFFIX my name this 5th day of November,2014 approving the foregoing procedures had and taken by the Town Council at the Regular Meeting held October 1, 2014.

10 TOWN OF BETHANY TOWN COUNCIL MEETING - WEDNESDAY, October 1,2014-6pm AGENDA Call Meeting to Order Pledge of Allegiance Welcome/Swearing In of Ms. Shirley Kemp, Councilwoman Welcome to Chief Michael Bolen, New Police Chief of the Bethany Police Department Review of Minutes from September 3,2014 Treasurers Report Police Report Comments from Public a) Mr. Phil Diserio, WV House of Delegates b) Public Comment/re: with respect to the proposed sewer rates Mayors Report 1) Sanitation Board Report 2) Grant Information 3) Cerrone Information 4) Housing Update 5) Mon Power Update Solicitors Report Comments from Council Unfinished Business 1) Discussion/Vote/2nd reading by Title Only of the Ordinance/regarding the Sewer Rates, Also, Resolution Letter and Cerrone Contract 2) Recorder Report a) Halloween, Town of Bethany, 2014 b) Town of Bethany/Municipal Elections, June, 2015 New Business 1) Grant Resolution Adjournment ALL MEETINGS OPEN TO THE PUBLIC Approved bv Mavor Eisenhauer - 9/26/14

11 RESOLUTION AUTHORIZING THE TOWN OF BETHANY TO BORROW FUNDS NECESSARY TO COMPLETE REPLACEMENT OF MAIN STREET SANITARY SEWER LINE Whereas, the town of Bethany will replace approximately 510 linear feet of large diameter gravity sanitary sewer line located along Main Street in the town of Bethany; Whereas, the administration of the town of Bethany has considered various sources for such funds for this project and desires that the four percent (4%) fixed rate interest rate for ten (10) year term is acceptable, desired and prudent consistent with the terms which are presently being offered by Progressive Bank; Whereas, should the project not be undertaken by the town of Bethany for any reason, the town of Bethany shall incur no financial obligations to Progressive Bank unless the aforesaid loan is completed and closed. Now therefore be it resolved by the council of the town of Bethany, West Virginia: That the Mayor is authorized on behalf of the town of Bethany to complete and close this loan in the amount of two hundred twenty five thousand dollars ($225,000.00) upon such terms and conditions contained in this resolution and contained in the commitment letter of September 9,2014 from Progressive Bank. On motion of town council member %rzam A.JROU- *i seconded by council member S ~IXAEV /-dflp at a duty convened meeting of the town council held thiszday of r3c /IC;- 2014, the forgoing resolution is ADOPTED. Patrick J SutherIandMs,%T Thorn Furbee y&$ Shirley Kemp 6,& Helen Moran y r ER TedPauls y&,4 RECORDER