Durbin Town Council Members Met with Barrage of Comments
By Cathy Grimes, Staff WriterThere wasn't an empty chair to be found at the August Durbin Town Council meeting.
As many meeting attendees signed up to speak on certain agenda items, Mayor Melissa Rexrode dropped a bombshell, saying that the audience would only be allowed to speak at the beginning of the meeting and no further discussion would be allowed at any other time.
The comment period began on an innocuous note with Charles Shomo introducing himself and his wife, Linda, and announcing they plan to attend more meetings.
Mulvie Grimes said he thinks the town needs better representation, and in order to have that representation, they need a better council and mayor.
The next discussion involved Paul Lambert making a request for an adjustment on his sewer bill. Lambert said he had paid the water bill to fill his swimming pool and did not feel he should pay extra sewer charges when he drained it since he hadn't emptied the pool water into any town drain.
Lambert said the mayor had told him to pay only half the bill until council meets again. But he said his latest bill reflected a late charge.
Councilman Ken Lehman agreed with Lambert in that it wasn't fair, "but a lot of things in life are not fair," he added.
"If we give Lambert a break, everybody that washes their car or their house is going to be in here wanting a break," Councilman Donald Peck said.
Lambert, visibly irritated, told Peck he wasn't growling about the water bill.
Peck shot back, explaining the town code as it pertains to water going into the drains. The discussion became more heated until the mayor finally gaveled for order.
"Get somebody in here that has a little bit of sense," Lambert said.
"I think this is one of those issues that is clearly an exception to our tariff rule," Councilman Frank Proud said. "But if we do it one time, where's the next time? I'm sorry, but I cannot make a motion on this."
"If you all don't want to make a decision, that's fine,"?Lambert told the council. "I have invoice papers here I will fix up and give you an itemized statement for all the times I have mowed the grass and didn't get paid for it, and all the ditches we've cleaned out to help the town.
"If it weren't for the people helping around here, this town would be a mess," Lambert said.
Lehman again agreed with Lambert, but told him he didn't know about making a decision.
After several minutes of bickering between parties, Lehman made a motion to knock $35 off Lambert's sewer bill and waive the late fee.
Laughter erupted and the gavel smacked the table when Peck protested that it was an illegal motion because it was not on the agenda. The motion, however, carried.
The uproar reached new heights when Lambert told Peck he couldn't help it if he was an "idiot."
Peck, incensed over the remark, asked Rexrode if she was going to let Lambert get away with his comment. The mayor responded that she had corrected Lambert and added that that would be the "last time" Peck would "yell" at her.
Bill and Ginny Rexrode asked the council what was going to be done about the clogged drain near their property that was causing water to back up in their basement.
Proud told Rexrode the issue was on the agenda and they would discuss it later.
Ginny Rexrode reminded Proud they had been told they wouldn't be allowed to speak or discuss issues later.
Proud acknowledged that and allowed the discussion to continue.
Ginny Rexrode said town employee Buster Varner told them he didn't want to work on unclogging the drain because he could never do anything to suit the council.
The water issue has been an ongoing problem at their home, Ginny Rexrode said, and the floor in their basement is now green because of the water.
The discussion on the Rexrode water issue continued, but the only decision made to correct the problem was that Proud and Peck would make another inspection of their property.
Former Mayor Dick Kincaid asked why the Pocahontas County Public Service District is now charging the town a $20-per-hour fee for backhoe use.
Councilwoman Thelma Smith explained it is because of complaints from residents.
The PSD's Cindy Barkley said former mayor Mike Vance had approved an agreement drawn up by an attorney to protect the PSD when they do work with the backhoe.
"Too much conflict," Barkley said, "so the town is paying for it now.
"Someone has to pay the PSD when we're out flagging and working," she added
"It's not petty cash," Kincaid said. "The town is going to get into some serious money." There was no further discussion on the issue.
Pat Proud, who served on the Durbin Heritage Festival Committee, reported the festival was a successful event and they were in the black. The town of Durbin would not have to cover any of the costs of the festival as all expenses associated with the festival were being funded with grants received, along with the contributions of $850 from eight local businesses.
"Once all the bills have been processed, we will submit a report to all the organizations that awarded us grants for their approval of our expenses," Proud said. "We will then submit a report to the Town Council."
Proud also commended the mayor and council for all the great work they did for the festival.
John Osborne asked the council if they had followed up with town employee Bunny Vance who was allegedly stuck with medical needles while collecting trash.
The mayor said that a letter had been sent to the resident who has not been properly disposing needles.
Osborne commented that Vance should have a job description, as it would eliminate all the problems and questions about his duties. He also said he heard in the meeting that Vance was double dipping.
"That comment was said sarcastically," Proud said.
"Maybe you shouldn't say those types of remarks when you're in here," Osborne said. "This is supposed to be a professional forum."
Commenting on Vance's report to the council, Osborne said, "He should be reporting to a boss."
"He reports to me," Rexrode said. "We have a lot of problems, but me and him get together and I say, 'Yes, do it,' and it seems like we have a lot of problems from the council. That's why he brought it here.
"I explained to you," Rexrode told Osborne, "Bunny asked if he could present it to the council and I think he has the right."
When Osborne asked if Rexrode had ever worked for a municipality or ever been out of Durbin, the discussion ended.
Resident Rick Friel, like Bill and Ginny Rexrode, told council about sewage backing up in his house. "I'm not going to live like that," Friel said. "It's a bad, unbearable odor. It's disgusting and I am going to call the health department."
Rexrode said they couldn't find anyone to do the job, However, Peck named three other people that had backhoes, including Warner, Tim Hefner and Bob Irvine.
Proud told the mayor to contact the three contractors and to also call the health department.
Lehman read a letter from the West Virginia Division of Highways requesting an engineering description be added to the no-parking ordinance for the post office. The engineering description would pin down the exact location of the ordinance in such a way that there would be no questions or disputes regarding where the parking prohibitions begin and end.
Lehman made a motion to amend the ordinance.
One resident, Patty Mallow, asked who would enforce the ordinance.
There were no comments from council and Lehman's motion carried.
The issue of stray cats was the next item on the agenda, and Proud made a motion to draw up an ordinance stating that town residents could only feed stray cats on their own property.
The motion died for lack of a second.
Stray cats was followed by stray dogs.
"We have been trying to solve this problem but were told if the dog had a collar, the animal control officer could not do a thing about it," Rexrode said.
"We have a dog ordinance," Lehman said.
"The whole issue revolves around the appointment of a town judge," Proud said, "and it should be put on the next agenda to appoint a town judge."
In other matters, council:
- Discussed the right-of-way for the horse trail. Mark Kane asked for a formal, 6-foot right-of-way between his property, through the town park, along the lagoon and across the river and back up Back Road to the West Fork Trail.
Proud suggested adding the horse trail plan to the hiking trail plan on the map.
At one point, it was suggested that Kane attend the next council meeting thereby making sure the item would be on the agenda. However, the discussion continued.
"Kane said if he didn't get the right-of-way, he would send the town a bill for the use of his field for Durbin Days," Peck said.
"That's Blackmail," Smith said.
The discussion quickly turned to the town corral, and Smith and Peck began haggling about who was going to move the corral.
Proud said he thinks it is only fair that Kane be allowed to use the town assets. Smith seemed to agree, adding, "as long as he cleans up after them (horses)."
- Discussed mowing the cemetery, an additional duty taken on by the town's mayor.
Peck said he received a letter from the State Ethics Commission stating it was a conflict of interest for the mayor to be paid for mowing the cemetery.
Smith said she didn't see anything wrong with it as it was town property.
Peck eventually gave in and agreed she could do the mowing.
- Discussed billing committee and billing issues.
Peck asked why there were two people on the committee that didn't live in town.
"Because Anna Kane is our treasurer and Cindy Barkley does our billing, and both are very well knowledged with who pays what and who doesn't," Rexrode said.
A discussion on what constitutes as a quorum and whether or not the Billing Committee meetings had to be advertised was brought up by Peck.
After reading the code concerning quorums, the subject took another turn and Lehman began reading a letter from town attorney Tom Michael.
According to Lehman, Michael recommended the town inspect all properties that are in question, when it would not interfere in the court case.
The letter continued, citing code about hooking up and disconnecting sewer lines. Several residents requested copies of the letter, but were denied and no copies were made available.
"Based on the motion from last month's meeting concerning discontinuing some of the billing on sewers that had been disconnected, subject to the attorney's opinion," Proud said, "The attorney said we couldn't do that. We have to consider the town ordinance, tariff and current public health department sanitation laws. Therefore, that motion is basically null and void."
"How much longer can you keep arguing over this?" Mallow asked.
"We have a legal decision that is based on this issue," Proud said, referring to a court case in July, which ruled in favor of the defendants and against the town.
After going into executive session, from which the defendants in the court case were excluded, the council voted 3-2 to hire attorney Tom Michael to represent the town and appeal the decision.
Durbin council meets the first Monday of each month at 7 p.m. in the town office.
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needforthetruth
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08-19-08 3:17 PM
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The vote on the hiring of an attorney vote was 3 for, 1 against and 1 abstained. The statement Mulvie Grimes thinks Durbin needs better representation. He is not even a resident of Durbin.
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needforthetruth
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08-18-08 2:09 PM
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Cathy Grimes needs to tell the whole truth on this story. First she failed to state in her story that Donald Peck stated that a vote was made in the past 2 council meetings for a vote on 2 different residents asked for reimbursement for on sewer problems. It was voted to pay and Councilman Peck called for a vote on Mr. Lamberts request then it was motioned and 2nd and voted upon and passed then Councilman Peck said it was and illegal vote. The other thing that she needed to state was that her husband Mulvie Grimes is one of the defendants that is in the law suit. one of the people that is the defendants
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