In a political paradox, the Pine Grove city council voted unanimously to not do anything. But in this case, the underlying result of initiating no action allows a $720,000 sewer extension project to continue.

Opposition to the extension project came to light during hours of regular and special meetings held recently. It had been expected that on April 10 some sort of resolution to the issue would be achieved, but the 30-or-so assembled dissenters and the five proponents went away scratching their heads in confusion. At previous meetings opponents had presented petitions stating the reasons for their wish to not be included in the $721,680 United States Environmental Protection Agency Grant which would enable improvements to service for 220 existing sewer customers and add 95 new households in the Galmish, Piney, and Barker area. Content with their own private septic systems, the opponents felt they had never been contacted to support the project and therefore should not be compelled to hook up to the service. The DEP’s position was that the project has been in progress since 2001 and that the public had been given ample time to raise objections in at least six public meetings. The design for some of the project has already been completed and a Small Cities Block Grant of $200,000 was also accessed to make emergency repairs and pay for some aspects of the project.

At the March 31 special meeting which included the grant writer of Belomar, a DEP representative, and the sewer extension design engineer, the citizens were told the EPA grant money could not be divided and applied to just Pine Grove; the group then voiced general opposition to the project. When no problems were solved, Pine Grove Mayor Dave Barr concluded he would recommend at the April 10 regular meeting the town abandon the project. He also requested that any citizens who were in favor of the project should attend the next regular meeting so both sides might be heard. At that April 10 meeting, however, few supporters appeared.

One person from Barker, who wants the sewer but requested that her name not be published, said the support was out there, but that people were afraid to come to the meeting because of reluctance to confront their neighbors. The opponents have apparently never had any such fear and have continually showed up to speak, as was represented in the 30-plus group who came with familiar opposing faces: Steve Lancaster, Penny Tracy, Sandy Fortney, Zack Brown, Gary Carpenter, Jacklyn Lively, and others. Four households in favor of the sewer line extension were present, for a total of five citizen supporters.

One apparent supporter of the extension project was Councilman John Johnston who indicated the government was getting closer to mandating cleaner water and that in the future towns that are the sources of pollution will be made to stop. Johnston presented a DEP legal advertisement published in the April 7 Wheeling News Register entitled “Water Proposed for TMDL (Total Maximum Daily Load—a water clean-up system) Development in 2011.” The ad stated “streams located along the Ohio River between New Martinsville and Point Pleasant…are biologically impaired,” and will be monitored for pollutant sources such as coliform bacteria. The ad continued that “geographically proximate waters” will also be monitored where pollutants are suspected. Johnston then produced a chart from the web link provided in the ad that he believed included waters in the Pine Grove area, the “South Fork of Fishing Creek.”

The opponents of the extension were quick to dismiss the legal ad, pointing out that they did not think this applied to Pine Grove, which sits on the North Fork of Fishing Creek. They forged ahead in their opposition to the extension, though they also agreed the waters in the Pine Grove area were indeed polluted by raw sewage.

The mayor said he personally was not in favor of continuing with the sewer project, “It’s a headache we don’t need,” he said.

“We can’t be forced to hook up,” said Carpenter who held petitions in his hands from the opponents.

“According to the DEP you can,” was the mayor’s reply, who said the council had already listened “for hours” to the group opposing the sewer line extension. He said the business of the regular meeting would have to continue and when it was time for a sewer committee report, he would have the council address the matter.

At that point all but seven people left the meeting room. A lone supporter of the extension was heard to say he had never seen a meeting conducted in such a manner and he wondered how anything was ever accomplished.

When the scheduled sewer committee report was to be given, the mayor announced that the sewer board had no recommendation on the controversy.

As discussion turned to whether or not the town would return the grant funds, Councilman Tom Dulaney said he was not sure if the town would be responsible for sewer extension expenses incurred up to that point. The mayor referred briefly to Belomar’s grant writer Scott Hicks, who Barr said had stated Pine Grove would not be held responsible for sewer extension debts made thus far. Councilman Roy Justice said he “was not comfortable” making a move to return the grant money until they were sure of that, indicating that perhaps Hicks did not have the authority to rule on such a matter.

The mayor said as he saw it the council, who ultimately has the authority to approve or disapprove the grant continuance, had three choices: to vote no—to not continue the project; to vote yes, to vote to continue and extend the sewer line; or to “continue as we have.” When asked to clarify what he meant, he said “to continue means to basically go ahead with the project”—a tacit yes vote.

Johnston then moved and Dulaney seconded that “nothing be done until they get legal advice” about the town’s liability in repaying already accumulated debt associated with the sewer project. The motion carried with all members voting in favor of the motion except for Bobby Adams, who was absent. The council did not specifically discuss whether any legal advice would be sought or how it would be determined what the town’s legal liability might be.

As the council members continued with town business, such as granting AARP free use of the Byrd Center to conduct a driving seminar and voting to fix lights as time and funds permitted, a half-dozen of the group in opposition to the sewer project returned and stood at the door. “What happened?” they wanted to know.

“We voted to do nothing,” was the mayor’s answer.

“You mean you tabled it?” asked Lancaster.

“No, we are moving forward—we are continuing under the assumption that everything is in place,” Barr responded.

Lancaster said, “I’m not mad at anybody. I’m friends with people on the council, I respect the people who want the sewer—but I don’t understand how you cannot listen to the majority of the people.”

Zack Brown said it this way, “If the majority of people don’t want it, are you, as democratically elected officials, going to go against the majority?”

The mayor repeated his previous answer. As more people re-entered the room and groups discussed what had just happened, the meeting was adjourned. Groups were still standing in front of the Byrd Center in the dark discussing the meeting as council members left.

The Pine Grove council regularly meets the second Thursday of each month at the Byrd Center. The meetings are open to the public.