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Council directs town attorney to draft limited waiver to Harpers Ferry Water Works capacity fee after executive session
Summary
At a council meeting, members voted 6-0 to send a draft limited waiver of the Harpers Ferry Water Works capacity improvement fee to the town's utility attorney for review and to consult the local Public Service District; the council met in executive session under West Virginia law to receive legal advice.
The Harpers Ferry Town Council voted unanimously to ask the town’s utility attorney to review and draft a potential limited waiver of the Harpers Ferry Water Works capacity improvement fee and to consult the local public service district about any parallel tap fees.
Councilor George moved that the town attorney prepare a draft limited waiver to address capacity improvement charges; the motion was seconded and carried 6-0. The council then entered executive session to receive legal advice before returning to open session and recording the motion’s approval.
Town counsel Hoy advised the council that because the matter is connected to pending regulatory issues it should be discussed in executive session so counsel could give candid legal advice. Hoy said, “You all know you cannot take any action in executive session, but we can have a discussion of the matter.” The council authorized Hoy and two staff members, including Steve Paradis and the town finance officer, to participate in the executive-session discussion.
During the open discussion before the vote, a council member asked whether the Stuart Public Service District — which charges a separate tap fee — should be consulted. Hoy recommended adding consultation with the public service district to the attorney’s review. Hoy told the council they “do need to talk to them about that” and suggested the attorney tack consultation with the PSD onto the draft waiver.
The motion does not set specific dollar amounts or change any fees; it directs the utility attorney to draft a possible limited waiver and to return with recommended language and any related conditions. Council members said the draft would be reviewed before any final decision.
Votes at a glance: the motion directing the attorney to draft the waiver was approved 6-0. A prior procedural amendment to reorder agenda items (moving items 2–5 to the top) was approved earlier in the meeting by the same 6-0 tally.
Next steps: staff will circulate the attorney’s draft and the council will consider any recommended language and any further consultations with the Public Service District or the Public Service Commission before adopting or rejecting a waiver.
