Oct. 15, 2008
Lengthy Council Meeting Hones Questions on Possible New Ordinances
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Working from a lengthy agenda with numerous “first readings,” Huntington City Council’s Monday, October 14 meeting spurred many questions for which the administration and department heads should answer before the issues move to an up or down vote. In fact, the proposed attention getting bar moratorium in portions of the city has been postponed until the first meeting in November for the completion of legal research on the matter.
However, before discussion of the much publicized one year limitation on new bars and nightspots downtown, council struggled with the mayor’s veto of a September ordinance that would have re-zoned a portion of Eighth Avenue from C-1 to C-2 commercial. At stake: A $2 million dollar investment in the city and removal of the former Imperial Lanes building which has been vacant for five or more years.
Scott Hutchinson had asked for a zoning change to construct a two- to three-story structure with 600-700 mini-storage unit facility, which could encompass the entire block where Imperial, the parking lot , frontage, and a former bar existed. Council had narrowly passed the ordinance, but Mayor David Felinton vetoed it “due to the residents in opposition.” A petition of almost 170 names had been presented previously to council.
The ordinance had passed 6-5, but would now need a supermajority of eight or more to override the veto.
Councilman Paul Farrell said that a vote to not override the veto “sends the wrong message” to business. “Someone willing to invest $2 million dollars in our city and we have rejected that.” And, council chair Mary Neely added, “Any improvement is better than what we have now.”
City Attorney Scott McClure opined that the broader zoning change might be helpful due to “how long it has set there and not been used.”
However, Councilwoman Sandra Clements firmly stated, “We want to be careful ; we are stewards of our district,” adding, “there’s lots of pieces of property in Huntington to build storage units.”
Mayor Felinton explained his veto this way: “We need to be open for business, but not desperate for business either. Zoning exists to protect the integrity of neighborhoods.”
At the request of council, Don Klepe, development and planning, explained some of the differences between C-1 (neighborhood commercial) and C-2 (highway commercial). The neighborhood classification applies to stores of less than 10,000 square feet, restaurants (w/o drive thru) , churches, funeral homes, service oriented business, and multiple family dwellings. Under variances, schools, camps, stadiums, hospital, and drive through restaurants can be included.
The broader C-2 allows for general retail (greater than 10,000 square feet), restaurants with drive thrus, auto sales, hotels, skating, bowling , movie theatres, and self-storage facilities. Under variances, a bar, mobile home park, outdoor theatre, video keno, or nightclubs might be granted. (Note: The city has a separate ordinance that prohibits Adult related bookstores/showbars; those in operation have been grandfathered).
The proposed developer Scott Hutchinson indicated that if certain curb to curb variances were denied, he could possibly still adjust the structure by building up instead of long. However, when specifically asked if another location in the city might be suitable, he responded, “There’s only one location I’m interested in.”
The override failed with council members Sandra Clements, Kirk Gillenwater, Teresa Loudermilk and Scott Caserta voting to sustain the veto. That gave the issue a 7-4 vote, but eight were needed.
CONSOLIDATED INVESTMENT FUND
At the opening of the meeting Glenda Probst and Roger Hughes from the WV State Treasurer’s Office spoke to council concerning a proposed resolution that would allow the city to invest in the state’s pooled AAA Standard and Poor rated fund.
After answering extensive technical questions related to the safety of the WV Money Market and WV Government Money Market funds, Probst underscored that they had been successful having an “ultra conservative investment policy.”
Municipalities, volunteer fire departments, boards of education, sheriff’s departments and others already have accounts with the Consolidated Investment Fund.
One indirect advantage of investment --- Banks may increase their own competitive offers on interest to the city just by the municipality placing some money in the state investment pool, which emphasizes short term investments. Funds may be drawn out daily with no penalty.
Several council members had reservations due to the volatility of the market, particularly the past weeks of meltdown.
Probst said, the state is “well diversified with a high qualify portfolio,” adding that “we invest in West Virginia banks” through Certificate of Deposit auctions that then allows the state banks to “take the money and make loans in the community.”
Despite the current worrisome investment climate, council member Paul Farrell stressed this is “enabling legislation only, not requiring any amount be put in the fund.” In other words, the city needed council’s position to hold additional strategy sessions. Mayor Felinton said that no general funds would be invested, suggesting the pool suited for accounts (such as the landfill account) that sit idle for long periods.
Further, before any money can be placed with the state, the specific amounts and the accounts would have to have finance committee approval. The minimum investment is $100.00.
For further info, visit: http://www.wvbti.com.
Council voted to authorize the city to go forward and contemplate use of the investment pool.
COMPUTER SERVERS, LAPTOPS
Council appeared satisfied with the proposal to upgrade the city’s servers and software, which would allow more timely financial data and reports, as well as a drastic reduction in hours for a contract programmer who keeps the city’s antiquated system up and running.
Later, in the meeting, a proposal to purchase laptop computers for police cars ran into hurdles. As written, the ordinance would allow the purchase to be made NOT by piggy backing the state’s contract. In this case, an apparent offer has been rendered that would save the city $10,000 below the state pricing.
City Attorney Scott McClure opined that possibly such a purchase might be possible. However, he received direct feedback from councilman James Insco. “The city cannot spend money without going through a bidding process. As our attorney, are you advising us to break the law?”
Dr. Kent offset the eagerness to find a loophole by suggesting that bidding would be appropriate. “There’s a lot of competition on computers” now.
FIRST HOME RULE PROPOSAL RECEIVES BATTERY OF QUESTIONS
When the city received pilot authority to possibly implement (subject to council approval) , the idea of holding back a portion of fire insurance checks to ensure nearly totally destroyed properties are demolished with insurance funds, not city expense, appeared headed for a “done deal” type of first reading.
However, the ordinance proposal brought a peppering of questions for city planning director Charles Holley. Fortunately, he told council that’s why the proposed ordinance had been brought out for first reading, so to get intense scrutiny before the city met again with the State Insurance Commissioner.
Paul Farrell asked the obvious question --- who notifies the insurance carrier about the requirement to hold back $2,000 for every $15,000 of property value unless the property has a “good standing certificate” meaning the owner is current with city obligations. Since the ordinance defines totally destroyed as 60%, Farrell, who practices insurance defense, asked, “what happens if there’s a dispute between 50 and 62% of destruction?”
Patterned after an Ohio law, Holley indicated these were questions which he would take to the insurance commissioner. Likely the state commissioner would notify all insurance companies doing business in state about the so-called Huntington rider.
As the debate continued, Jim Insco told the council “there’s a movement to make this statewide.” He stressed that insurance company’s abide by the power and authority of the commissioner.
BAR LIMITATIONS
City Attorney Scott McClure requested and was given more time to research the proposed moratorium. Since the coverage area includes from the river to Fourth Avenue between First and Hal Greer, then, several jutting areas over to the railroad tracks, the idea for the one year stand still in any new bar/nightclub approvals would be to allow planning to determine if MU students raising safety concerns with going downtown would be more prone to shop the Old Main Corridor and downtown if restrictions on drinking establishments were necessary.
In other business
Council adopted a resolution to support the AARP’s “Divided We Fail” effort and by a 7-3 margin passed a resolution potentially committing CDBG, coal severance , in kind services, and other matching money for submission of a 1.16 million dollar federal grant to extend hiking trails. Under this proposal, much of the extension would be a stone pathway along the top of the grass floodwall that runs into Westmorland. The project will receive engineering assistance and is backed by the Rahall Institute.
GOOD AND WELFARE: Residency Requirement Preparations
The Mayor was asked what has occurred since the Supreme Court ruling upholding the city’s residency requirement. Felinton and McClure indicated that a letter not yet in a “final draft” would be sent to employees not in compliance.
McClure suggested that rather than a 90 day period to move into the city, a longer period might be given due to the amount of time necessary to sell and purchase real estate.
Independent Mayoral candidate Tom McCallister strongly objected to the delay with the letters and any amount of time greater than 90 days. He said a longer period violate the charter.
However, when confronted with enforcement of the residency requirement before it went into litigation, public safety concerns were raised due to a suspected large number of police and fire employees not in compliance.
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Lengthy Council Meeting Hones Questions on Possible New Ordinances
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Working from a lengthy agenda with numerous “first readings,” Huntington City Council’s Monday, October 14 meeting spurred many questions for which the administration and department heads should answer before the issues move to an up or down vote. In fact, the proposed attention getting bar moratorium in portions of the city has been postponed until the first meeting in November for the completion of legal research on the matter.
However, before discussion of the much publicized one year limitation on new bars and nightspots downtown, council struggled with the mayor’s veto of a September ordinance that would have re-zoned a portion of Eighth Avenue from C-1 to C-2 commercial. At stake: A $2 million dollar investment in the city and removal of the former Imperial Lanes building which has been vacant for five or more years.
Scott Hutchinson had asked for a zoning change to construct a two- to three-story structure with 600-700 mini-storage unit facility, which could encompass the entire block where Imperial, the parking lot , frontage, and a former bar existed. Council had narrowly passed the ordinance, but Mayor David Felinton vetoed it “due to the residents in opposition.” A petition of almost 170 names had been presented previously to council.
The ordinance had passed 6-5, but would now need a supermajority of eight or more to override the veto.
Councilman Paul Farrell said that a vote to not override the veto “sends the wrong message” to business. “Someone willing to invest $2 million dollars in our city and we have rejected that.” And, council chair Mary Neely added, “Any improvement is better than what we have now.”
City Attorney Scott McClure opined that the broader zoning change might be helpful due to “how long it has set there and not been used.”
However, Councilwoman Sandra Clements firmly stated, “We want to be careful ; we are stewards of our district,” adding, “there’s lots of pieces of property in Huntington to build storage units.”
Mayor Felinton explained his veto this way: “We need to be open for business, but not desperate for business either. Zoning exists to protect the integrity of neighborhoods.”
At the request of council, Don Klepe, development and planning, explained some of the differences between C-1 (neighborhood commercial) and C-2 (highway commercial). The neighborhood classification applies to stores of less than 10,000 square feet, restaurants (w/o drive thru) , churches, funeral homes, service oriented business, and multiple family dwellings. Under variances, schools, camps, stadiums, hospital, and drive through restaurants can be included.
The broader C-2 allows for general retail (greater than 10,000 square feet), restaurants with drive thrus, auto sales, hotels, skating, bowling , movie theatres, and self-storage facilities. Under variances, a bar, mobile home park, outdoor theatre, video keno, or nightclubs might be granted. (Note: The city has a separate ordinance that prohibits Adult related bookstores/showbars; those in operation have been grandfathered).
The proposed developer Scott Hutchinson indicated that if certain curb to curb variances were denied, he could possibly still adjust the structure by building up instead of long. However, when specifically asked if another location in the city might be suitable, he responded, “There’s only one location I’m interested in.”
The override failed with council members Sandra Clements, Kirk Gillenwater, Teresa Loudermilk and Scott Caserta voting to sustain the veto. That gave the issue a 7-4 vote, but eight were needed.
CONSOLIDATED INVESTMENT FUND
At the opening of the meeting Glenda Probst and Roger Hughes from the WV State Treasurer’s Office spoke to council concerning a proposed resolution that would allow the city to invest in the state’s pooled AAA Standard and Poor rated fund.
After answering extensive technical questions related to the safety of the WV Money Market and WV Government Money Market funds, Probst underscored that they had been successful having an “ultra conservative investment policy.”
Municipalities, volunteer fire departments, boards of education, sheriff’s departments and others already have accounts with the Consolidated Investment Fund.
One indirect advantage of investment --- Banks may increase their own competitive offers on interest to the city just by the municipality placing some money in the state investment pool, which emphasizes short term investments. Funds may be drawn out daily with no penalty.
Several council members had reservations due to the volatility of the market, particularly the past weeks of meltdown.
Probst said, the state is “well diversified with a high qualify portfolio,” adding that “we invest in West Virginia banks” through Certificate of Deposit auctions that then allows the state banks to “take the money and make loans in the community.”
Despite the current worrisome investment climate, council member Paul Farrell stressed this is “enabling legislation only, not requiring any amount be put in the fund.” In other words, the city needed council’s position to hold additional strategy sessions. Mayor Felinton said that no general funds would be invested, suggesting the pool suited for accounts (such as the landfill account) that sit idle for long periods.
Further, before any money can be placed with the state, the specific amounts and the accounts would have to have finance committee approval. The minimum investment is $100.00.
For further info, visit: http://www.wvbti.com.
Council voted to authorize the city to go forward and contemplate use of the investment pool.
COMPUTER SERVERS, LAPTOPS
Council appeared satisfied with the proposal to upgrade the city’s servers and software, which would allow more timely financial data and reports, as well as a drastic reduction in hours for a contract programmer who keeps the city’s antiquated system up and running.
Later, in the meeting, a proposal to purchase laptop computers for police cars ran into hurdles. As written, the ordinance would allow the purchase to be made NOT by piggy backing the state’s contract. In this case, an apparent offer has been rendered that would save the city $10,000 below the state pricing.
City Attorney Scott McClure opined that possibly such a purchase might be possible. However, he received direct feedback from councilman James Insco. “The city cannot spend money without going through a bidding process. As our attorney, are you advising us to break the law?”
Dr. Kent offset the eagerness to find a loophole by suggesting that bidding would be appropriate. “There’s a lot of competition on computers” now.
FIRST HOME RULE PROPOSAL RECEIVES BATTERY OF QUESTIONS
When the city received pilot authority to possibly implement (subject to council approval) , the idea of holding back a portion of fire insurance checks to ensure nearly totally destroyed properties are demolished with insurance funds, not city expense, appeared headed for a “done deal” type of first reading.
However, the ordinance proposal brought a peppering of questions for city planning director Charles Holley. Fortunately, he told council that’s why the proposed ordinance had been brought out for first reading, so to get intense scrutiny before the city met again with the State Insurance Commissioner.
Paul Farrell asked the obvious question --- who notifies the insurance carrier about the requirement to hold back $2,000 for every $15,000 of property value unless the property has a “good standing certificate” meaning the owner is current with city obligations. Since the ordinance defines totally destroyed as 60%, Farrell, who practices insurance defense, asked, “what happens if there’s a dispute between 50 and 62% of destruction?”
Patterned after an Ohio law, Holley indicated these were questions which he would take to the insurance commissioner. Likely the state commissioner would notify all insurance companies doing business in state about the so-called Huntington rider.
As the debate continued, Jim Insco told the council “there’s a movement to make this statewide.” He stressed that insurance company’s abide by the power and authority of the commissioner.
BAR LIMITATIONS
City Attorney Scott McClure requested and was given more time to research the proposed moratorium. Since the coverage area includes from the river to Fourth Avenue between First and Hal Greer, then, several jutting areas over to the railroad tracks, the idea for the one year stand still in any new bar/nightclub approvals would be to allow planning to determine if MU students raising safety concerns with going downtown would be more prone to shop the Old Main Corridor and downtown if restrictions on drinking establishments were necessary.
In other business
Council adopted a resolution to support the AARP’s “Divided We Fail” effort and by a 7-3 margin passed a resolution potentially committing CDBG, coal severance , in kind services, and other matching money for submission of a 1.16 million dollar federal grant to extend hiking trails. Under this proposal, much of the extension would be a stone pathway along the top of the grass floodwall that runs into Westmorland. The project will receive engineering assistance and is backed by the Rahall Institute.
GOOD AND WELFARE: Residency Requirement Preparations
The Mayor was asked what has occurred since the Supreme Court ruling upholding the city’s residency requirement. Felinton and McClure indicated that a letter not yet in a “final draft” would be sent to employees not in compliance.
McClure suggested that rather than a 90 day period to move into the city, a longer period might be given due to the amount of time necessary to sell and purchase real estate.
Independent Mayoral candidate Tom McCallister strongly objected to the delay with the letters and any amount of time greater than 90 days. He said a longer period violate the charter.
However, when confronted with enforcement of the residency requirement before it went into litigation, public safety concerns were raised due to a suspected large number of police and fire employees not in compliance.
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