Oct. 28, 2008
Council Approves Asbestos Abatement, Computer Hardware, Salt Purchases
Home Rule Insurance Ordinance Goes to Third Reading
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) -- Huntington City Council held a short, productive and unanimous session Monday night, Oct. 27, in Council Chambers at Huntington City Hall. Although questions arose during discussion of issues voted upon, the body unanimously adopted the ordinances and resolutions before it.
Prior to discussing the agenda, Brandi Jacobs-Jones discussed a pending lease/purchase of a street sweeper. After one style proved unworkable for Huntington, the bid opening will be November 14 on a three wheel Pelican style sweeper, similar to the machine purchased in 1999-2000.
Jacobs-Jones told council her goal is that citizen’s know when to expect the sweeper, just like they know when the garbage collectors come. At present, the goal is to “clean city streets on a three week basis.”
Due to “human error,” the current sweeper has limited usage, so it will be used for the downtown area. Previously, workers unsure of its operation have cause damage when taking it under viaducts.
In addition, Jacobs-Jones announced a “leaf hotline” for citizens. Up to four bags of leaves will be picked up during regular garbage collection; however, if a resident has more than four, they must call 696-4484 and leave an estimate of how many bags. The deputy mayor cautioned that leaves cannot be raked into the road as this interferes with storm water management. Compliance officers will issue tickets for anyone caught raking leaves into streets or sewers.
During the session, council approved the purchase of new AS400 computer hardware, an asbestos abatement annual contract, purchasing road salt at 19.54 cents per pound with a total exceeding $30,000, the city’s annual audit, and resolutions allowing the city and various agencies to accept grant monies.
The Huntington Sanitary Board has been authorized unanimously to contribute $185,000 which will be matched three times by the US Army Corps of Engineers to repair, in the words of Jim Ashworth, Sanitary Board member, “a principal sewer [at 7th Street West] exposed” and in danger of “collapse.” Ashworth explained that it can be fixed by causing the river to rebuild the bank (similar to a 25th Street repair). He called this “the cheapest way to protect the bank” and prevent a major sewer outage.
After brief discussion, an ordinance to purchase laptop computers for HPD cruisers was withdrawn. Originally, the city planned to accept an offer that was below the state bid, but the acceptance ran into the hurdle of prior advertised bid requirements. At the City Attorney’s insistence, the item will go out to bid and be brought back to council at a later date.
Modifications to the city’s first Home Rule ordinance --- which involves insurance companies withholding $2000 for every $15,000 of coverage on total losses for demolition costs --- brought “serious concerns” from Jill Vince, President of the West Virginia Insurance Federation. Ms. Vince called the proposed ordinance “difficult to enact and execute,” causing a “patchwork” situation for the state.
Three out of ten structures in Huntington are insured by member companies of the Insurance Federation, Vince said. She stated there are “less intrusive ways” to achieve the same objective stressing that the current proposal interferes with the contracts between the insured and the insurer.
Prior to her input, Paul Ferrell Jr. explained how the newest draft of the ordinance would operate. He acknowledged a statement from Councilmember Cal Kent that many of the stipulations are put into a legislation proposal for the first time since Huntington has the legislative backing of a pilot program.
Ferrell Jr. has written the ordinance to “bootstrap” West Virginia code regarding the powers of the insurance commissioner. He admitted that additional meetings with the commissioner are planned to determine if that office will agree to be the enforcer.
If the commissioner declines, the ordinance contains a provision where the insurance companies would be immune from litigation for withholding the $2000 per $15,000 from structures deemed totally destroyed. “This allows insurance company to comply without opening themselves to a cause of action,” Ferrell Jr. told council.
Still, he cautioned, the nature of the home rule authority itself faces likely constitutional challenges statewide. A second round of litigation could challenge actual ordinances passed.
“It’s the first time, it’s a pilot project. We have the ability to act as the West Virginia Legislature within the City of Huntington,” Farrell Jr. explained.
Due to revisions in the ordinance --- which ties the withholding to structure costs, not relocation or person belongings --- the item goes to a third reading in November.
Finally, Huntington City Hall serves as an election precinct, so the building will be closed to employees on Election Day, Tuesday, Nov. 4, 2008 according to Mayor David Felinton.
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