Psc Terry Owens 10-04-2007

The mayor knows what this is like--having an uninabitable building! Can Emma Grace depend on his support in this matter?

Maybe we could have an official community building burial at Durbin and bury all the old uninhabitable buildings in the same grave as the Old Greenbrier Hotel!!!

There is no charge for this brilliant idea!

Norman,your jest has merit:Several old buildings along Main Street seem like public hazards ; they could collapse on a pedestrian or car at any time.I wonder how safe the public is when they swarm in to celebrate Durbin Days. With the instability and doubtful legal status
of municipal government in Durbin,I believe that the county or state should enforce safety and health measures. Thanks, Norman, for posting the important letters in the Nottingham case.What will be the outcome of the decisions stated in them? The town recently hired a certified building inspector. Does the individual property owner or the town pay for his inspections? Will utility rates have to be raised ? I hope you will follow this story for the E-Tater readers.

Oh, Yes! We are following this matter!!Have you considered the hazard it could be to the people when they "hook" up their water and sewer to those "uninhabitable" buildings. If I were you folks I would just tell Frank to "bring it on." If I am going to pay a water bill, I want to be hooked up! Then let Frankie fix the leaks.

I'll try to get up there next week and get pics.

Very Old News.
The case was closed . The Town was the proper authority for regulation of building. A municipality can set their own sewer rates by ordinance. The Public Service commission only steps in when a petition of customers is filed to insure that a municipality sets there rates fair and equal. They have no authority over the Towns ordinance as long as their not in conflict with the WV Code. The Public Service commission did set the Town rates this time, after the citizens petition stating a 1.00 raise was to much. The rate was suspended and the PSC came in review the books and set the new rates. Due to a petition stating discrimination among customers, it was base on water usage 0-2000 gallons flat rate.
Before this it was a flat rate for each and every customer of around 22.50 for sewer . So a household of 2 people was paying the same as a household of 6 people. Case closed.

Water and Sewer are to different things here. Please do not confuse the two.

You are not charged for water if you do not use it. Different standards and rules apply here.

I'm confused. If you cannot have sewage without having water hookup; how can you charge for it? You can't measure it because it doesn't exist. There's no minimum because there is no use, period. That's like giving a parked car a parking ticket because there USED to be a parking meter there, even tho it isn't there anymore! What's the difference? I don't understand how you can legally charge for something that doesn't exist.

Welcome to the club;I hope that those who were so callously calling for the litigants to pay even though they were not users can give you an answer.

This has been answered several times. WV Law and the agreement with the PSC under the original loan for the system says that every dwelling must pay the minimum amount.

A better reference would be: not paying your sewer bill because you had the water unhooked would be like not making your car payment because you didn't put gas in it.

but the car would still exist-the sewage does not!

It exists, you just choose not to use it, but you still have to pay for it.

Yes it really does exist. Anyone can go in there places use there comodes and flush with a buckle of water. The sewer lines are still connected in these places.

you a 100% sure of that fact? Maybe some but not all.

Sorry your right there are three that are not connected, due to previous Mayors letting them disconnect.

To Pure and Simple, thanks for being honest and correcting yourself. These three parties where told by the town officials over 20 years ago by now to disconnect from the town sewer line. Why do these three people have different billing totals. Should all three not have the same Start date of billing. All three have different total amounts. ONLY one was sued, why? Maybe when the Mayor of the town reads this he will answer these questions or the towns billing agent (PSD). I was recently shown a paper that was signed notarized by the Mayor that certain litigant who was being sued because of their bill. Mayor stated that there was a billing error for this litigant, come on how could there be a billing error for 16 or more years. Actually he knew this to be FALSE, cause he had been shown documentation that showed this account hadn't been billed for 16 or more years. This is just one issue that seems unfair in the Town of Durbin's business issues. All three of these properties haven't been billed for around 16 years or more. What about the statue of limitations? Could or does this apply to these situations. I think someone needs to send a complaint to the PSC in Charleston or get a good lawyer on this. Brave Heart usually keeps people informed on the Durbin info. I'm sure she will post something to help out. She is the one that went around with the building inspector recently to condemn certain building in town. Check out the recent minutes in the local paper where she supposedly volunteered to go with the building inspector and then submitted a bill to the town. I hope people wake up and see why the Town of Durbin is in so disarray. Please read carefully and think cause the election is just around the corner. I can see why the towns people are so upset, here is an example of why. This is why no one wants to take office and work under or beside certain people who lie, cheat and twist things to their advantage. Don't hold a public office for your own personal gain, you are being very dishonest to yourself and the position you represent.

I am confused now. Can't understand what your saying for sure. Are you saying these people should have been billed for 16 years. ( or what) What billing errors are you talking about. As for the building inspector it was long over due and it should have not matter who went with him as long as it was done and yes maybe they should have receive pay for this, after all my info tells me they were unaware of this until the last minute, and was ask to do it because there was no one else to go.

Sorry, but on another note. What does the Town ordinance say about the sewer billings. That is where you will find the truth. If you have a copy please post it on here, would love to read it.

If not the building inspector is a scam! No oath, no officer, no authority.

Curious to know why a building inspector would need an oath of office.

Still waiting to see a posted Town sewer ordinance. Surely someone has one they can post, after all several took the case to the courts. Meaning someone,or all of them should have a copy of this ordinance somewhere. Please post it. Thanks ahead of time.

West Virginia law says that no public official shall engage in his duties UNTIL HE HAS TAKEN AN OATH OF OFFICE.

Article IV, Section 5 specifies the terms of the oath to be taken:

"Every person elected or appointed to any office, before proceeding to exercise the authority, or discharge the duties thereof, shall make oath or affirmation that he will support the Constitution of the United States and the Constitution of this State, and that he will faithfully discharge the duties of his said office to the best of his skill and judgment; and no other oath, declaration, or test shall be required as a qualification, unless herein provided."

West Virginia Constitution

You folks at Durbin are being scammed by a fake building inspector!!! Unless he has taken an oath of office he has no authority to set foot on your property. Ask for it and if he can't produce it, run him off and have him arrested for trespassing.

The folks in Durbin are being scammed by fake EVERTHINGS! I was up there today and saw the so called mayor conducting the train. I wonder how experienced he is?

Which makes me wonder by the by......

Frank Proud is the Mayor (term used loosely), the sitting chair of the DGV Railroad and apparently the town CPA. On top of that, his right hand girl (Town treasurer) Anna Kane is employed by the DGV who just happens to have Frank as her boss both at work and at the town AND has Frank's asbestos laden hotel buried on her property. What is wrong with that town?????????

The kicker is: Frank's wife (who Frank refers to as Pat ADAMS not Proud) is what? The recorder? And then there's Donald Peck, Frank's bosom buddy, student and Mayoral hopeful. Talk about a modern day Payton's place!

It looks like Durbin will be stuck in the dark ages for another few years when Peck gets elected. Man! I tell you! What a joke that little village is turning out to be!

So now, a person not using the sewer at all is paying the same rate as the head of a family with 10 kids.

That's the way it works in Durbin.

Criticize all you need to, but these people are the only ones that would do the job. No one wanted the recorder job, no one wanted the town treasure job, so there you go. I do not see Durbin in the Dark ages. It is a small Town that is doing fine. There are so many good people that live there, but they are afraid if they get involved there name will be drug through the mud, just like everyone else that does anything for the town. This behavior needs to stop, and everyone needs to work together create more activities and fix things that need repair. Work together, not against each other. The world is hard , and someday, you may need to depend on that very person you hold vindictivness against. Why can we not get over the mistakes and errors of others and stop holding grudges, that go no where, except to eat at your very soul and turn good people into monsters..

The scarcity of candidates for these elective offices in Durbin suggests a lack of usefulness for the positions, not a fear of getting involved.Has any official or knowledgeable citizen looked into the workings of other small towns who have changed to town manager or other governing modalities? These places who are not afraid of change report greater efficiency and lower costs of local government.