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Council adopts revised sewer and water capacity fees after heated public hearing on transparency
Summary
After public comments and debate over the methodology and potential West Virginia PSC challenges, the Charles Town council approved second-reading adoption of revised capacity-improvement fees for sewer and water service; utility partners had asked for more supporting data before changes.
Charles Town’s council on Nov. 17 approved second-reading motions to revise capacity-improvement fees for sewer and water service after a public hearing that centered on disclosure of the analysis underpinning the new charges.
Mr. Wilt, speaking on behalf of the city of Branson and utility partners, told the council the consolidation of area utilities in 2017 depended on transparency and regional planning and asked the council to “not act on these fee changes until the analysis, assumptions and capacity calculations are disclosed in full.” He urged the council to pause adoption until partner municipalities had time to review supporting data.
City staff responded that the information requested by partners had been provided late Friday for review. A city representative said staff had reviewed the materials and confirmed them as ready for partners’ consideration.
Council members debated the legal and financial risks of adopting the fees without a more public review. One member warned that the Public Service Commission could be expected to scrutinize rate-based SIFs and that the city could face challenges requiring expert witnesses and legal defense. Still, other council members said the revision process includes future reviews and that the city must address aging sewer infrastructure and recovery of replacement costs.
After discussion, the council moved forward with the second-reading adoption motions. Councilors recorded aye and nay voices on the record during the vote; the presiding officer announced that the motions carried.
The action clears the way for the revised capacity fees to become part of the city’s rates and rules for furnishing sewer and water service in and near Charles Town. Officials said the proposals may still face legal challenge at the West Virginia Public Service Commission, which has previously reviewed similar fees.
What happens next: staff said additional documentation will remain available to partners and the public; councilors signaled they will monitor any PSC filings and may revisit the fee methodology if ordered to do so.
