Firestine, Lupardus and Ridgeview – Conversing about the PSD and Calhoun issues

Letter from Jason Firestine:

Shari,

Good afternoon. Hope all is well. Quick follow up on the continued lack of management in Mt Zion. Since my last email, the board member who replaced the board member who replaced me has resigned from the Mount Zion PSD. I know that may come as a shock to everyone, but not to me. Again, if your entire staff has quit, entire new staff members have been brought on and quit, yet the same two board members are the only two left standing again, there is an obvious management issue. Mr. White responded to my formal complaint and also mentioned you, so I wanted to keep you posted. Since my ten pages of complaints are not showing anything the PSD has done wrong apparently, I will try to make the September meeting. I know you expressed concerns to the Commission at the meeting Monday, but did not receive any answers other than now the Millstone line needs replaced? The priorities of the supposed leaders in the county are questionable at minimum. The current secretary, Mr. White has always tried to sound more official than he actually is. I would like to see his list of accomplishments and or certifications. He was President, but is not. He had a business, but does not. He was a teacher, but is not. He wears a cool hat sometimes, but that is not really accomplishing anything. As far as me being out of state, he is correct, but I am still maintaining two properties in Calhoun County as well as living 350 miles away, hundreds, maybe thousands of trips to and from Calhoun. Tens of thousands of dollars in fuel and support to the local economy over the past ten years. Also completing the 100 fire hydrants that were flushed with my personal equipment since no one could take care of that task. While he was president or secretary.  I have been raising 4 grandchildren and taking care of my father who is not in the best shape physically. Yet somehow I can do all of that and keep three properties mowed, weed wacked, work a full time job as well as continuing to be concerned for the public in Calhoun. Mr. White can write a nice letter, but cannot mow his own yard yet alone manage a failing PSC. Which is obvious to most in the county who drive by his property. This is my opinion and you know what they are like, but it is also the truth. And the truth hurts. You questioned the reports that are not up to date and are not being submitted to the public as required. Mr. White was in charge of violations while I was on the board, which was generally a pile on the desk that was not addressed. The meeting minutes were generally typed up by him before the meeting which allowed no one to review them until the meeting. The water and sewer authority and Borough Council I am elected and appointed to in PA provides us with minutes from the past meeting to review days before our meeting. It does take effort, but can be completed if someone cares about the product they are putting out. Judging by his failures, not much care is given to anyone but himself. He mentioned a few times while I was a board member about only needing a handful of new customers to allow his board pay to be increased. Seems like he was looking for more money from the failing PSC to continue to avoid being accountable for anything. This is my opinion also, but the Commissioners could remove both board members since they are not elected. They are appointed. As I was. Mr. White failed at being elected to the Commission as well. They could take over the water for the citizens of the county, but that would take effort as well. And I question if they want to put in that effort. Signing your name in purple and signing a paper on the steps may impress some, but not me. I am not easily impressed. Standing up for public and their drinking water would be a great thing to do. As you may have read today, the governor is moving forward with data centers no matter what the Commission says. So focus on the people who elected you instead of the drug rehabs that are probably funneling money outside of the county, the medical facility which is obviously guiding people to be reliant on the system feeding them misinformation and the pool. Which is fed from a failing water system. No matter how much chemical is inserted into it. Focus on taking care of yourselves and each other. And not financially. Money is the root of all evil. It could help fix somethings, like if the generator was purchased with the ARPA funds that it was allocated for. Maybe the folks on Sand Ridge would not have to worry about running out of water due to a thunderstorm. Maybe the cost of a generator to operate the plant in this sort of event has gone down in price since that money was allotted to purchase it. Or maybe someone is just making interest off of that funding while it sits like the continued leaks in Mount Zion, The Y and across from Speedy Mart. Feel free to use this opinion piece how you may. See you on the Ridge.

Thank you,

Jason Firestine

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I want to respectfully clarify the role and legal authority of the Calhoun County Commission regarding Mt. Zion PSD, particularly in light of statements suggesting that the Commission can simply “take over” operation of the water system.

Under West Virginia law, a county public service district is a separate public corporation governed by its appointed PSD board. The County Commission has certain statutory responsibilities regarding the appointment and, under specific circumstances and procedures, removal of PSD board members. However, the Commission does not serve as the day-to-day governing or regulatory authority of the PSD.

The West Virginia Public Service Commission (PSC) is the state regulatory authority with jurisdiction over public utilities and public service districts. Matters involving rates, service, utility practices, regulatory compliance, complaints, and other matters within PSC jurisdiction must ultimately be addressed through the appropriate PSC processes.

It is therefore important that the public not be given the impression that the County Commission possesses authority that West Virginia law assigns to the PSD board or the PSC.

My position regarding our two county PSDs has also been clear and consistent. Once the current Operations and Maintenance Agreement is dissolved, I believe the Commission should pursue every lawful avenue available to consolidate Mt. Zion PSD and Pleasant Hill PSD into one county PSD and establish a board composed of qualified professionals capable of overseeing the system in the best interests of its customers. Any such action must, of course, be accomplished through the procedures and approvals required by West Virginia law.

Citizens absolutely have the right to criticize their government and public officials, and the news media has an important role in reporting those concerns. I respect both of those rights. However, opinions should not be presented as legal facts when they misstate the Commission’s statutory authority.

The Commission will continue to advocate for reliable water service, accountability, transparency, and responsible management while operating within the authority granted to it by law.

I respectfully ask that any reporting or commentary regarding the Commission accurately reflect its authority under West Virginia law. We welcome fair criticism and open discussion, but when statements are presented as fact, we expect them to be accurate. If necessary, materially false or misleading claims will be referred to legal counsel for appropriate review.  It is very important that citizens understand the limits of a commission in these matters.  It is unjust to continuously place blame at the feet of the incorrect organization.  I have made clear the intention to legally move on this once the O&M has been dissolved, but understand that the O&M is a legally binding agreement by the regulatory agency over them which is the PSC.

Respectfully,

Eric Lupardus

President

Calhoun County Commission

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Ridgeview Response:

Ridgeview News is fully aware of the limitations of County Government and that the Pleasant Hill and Mt. Zion Public Service District issues preceded the current Calhoun County Commission. But as I mentioned in the Calhoun County Commission meeting on Monday, and as Mr. Firestine addressed, the revolving door of PSD Board members, the failure to deal with staff issues and violations has placed our county at risk. A matter that needs addressed. While community members willing to step into the position of Board members is not good, the responsibility still falls to the Commission.

According to the WV State Code: ARTICLE 13A. PUBLIC SERVICE DISTRICTS which states that “The powers of each public service district shall be vested in and exercised by a public service board consisting of not less than three members who shall be persons residing within the district, who possess certain educational, business, or work experience which will be conducive to operating a public service district, with the exception, however, that in the event a public service board has had a vacancy for more than one year one member of the public service board may be a county commissioner of the county commission with authority to appoint the members of the board regardless of whether the commissioner resides within the district. In the event the public service district is providing any utility service and billing rates and charges to its customers, at least one board member shall be a rate-paying residential customer of the public service district: Provided, That if an existing public service board does not have a member who is a rate-paying residential customer of the public service district on July 1, 2013, the next following appointment to the board shall be a rate-paying residential customer of that public service district.

Basically stating that your responsibility as a Commissioner is appointing or filling the position of Board members and if it’s empty for over one year, taking on that position yourself. But at what point does someone intervene on the public’s behalf to prevent citizens exposure to pollutants through drinking water that has gone unchecked; a matter that can compromise the effective immune response of children, elderly and immune compromised individuals. No, the County Commission cannot control the behavior of board members and staff, but when the public is placed at risk, and laws are being broken, you are certainly within your rights to rid the county of the issue.

I am well aware that the County Commission’s hands are tied to the consolidation because of the O&M and the fact that the Town of Grantsville is now holding county water customers hostage by their neglect of duty and responsibility. I do however feel that there has not been enough “fit throwing” on our behalf to State Legislators and the West Virginia Public Service District who are making a complete mockery of us by saying they represent us and yet they truthfully could care less. They have never, nor are they now, giving Calhoun County the amount of attention they are giving other areas. What will it take? Will it take someone dying from a compromised immune system? I honestly don’t think that will do it either.

I will give the current Calhoun County Commission kudos for what you’ve accomplished for this community with regard to tourism. You’ve done amazing. You’ve done moderately well on businesses. But we have a long way to go because of our infrastructure issues and the fact that City Government is an unreconciled embarrassment that should have been addressed by the State of West Virginia, who now is more interested in back room deals for projects like Valley North which will benefit other States; and I can guarantee as a Republican, isn’t helping the Republican plight in West Virginia.

As for me respectfully reporting or allowing commentary regarding the Commission and whether it accurately reflects its authority under West Virginia law. I am not representing Mr. Firestine who is entitled to his opinion. I am allowing him the ability to share his opinion, as I allow you. I do not claim to know all there is to know about the Public Service District issues. But I worked there for one year and witnessed first hand their issues. The same problem that occurred there, occurs in every other government office in Calhoun County in one form or another. Don’t dare question anyone. The second you do, you’re the enemy. We keep preaching transparency… and we are doing better. But it is still a little muddy in numerous places.

While Mr. Firestine’s letter had matters of opinion, I seen nothing false, except his interpretation of scripture from 1 Timothy 6:10 which does not say “Money is the root of all evil,” but rather “For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows.” And many of those sorrows are being felt in Calhoun County.

If there are other corrections to be made, please correct me. I don’t mind.

I know the Calhoun County Commission’s intention is to move forward on the water. But this is not going to happen without calling people out. Republicans, Democrats, Independents, Mountain, Libertarian and anyone else who’s not doing their job. Forget the party lines, take care of the people. Ten years on the Norman Ridge Project? It may not have been illegal, but if they couldn’t be arrested they should have at least been fired. Dealing with the same Engineers again and again, who drag out these events and add insult to injury on their billing and nobody calls them out. We can’t arrest them, but we can for certain never allow them to get another Calhoun bid. If the squeaky wheel gets the oil, then allow the Ridgeview News some power to squeak by letting me know who’s failing us in Charleston.

Ridgeview News Publisher,

Shari Johnson

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