Minutes of City Council January 17, 2006 Regular Session The Council of the City of Lewisburg met in Regular Session on January 17, 2006 at 7:30 p.m. in the Paul R. Cooley Council Chamber at 119 West Washington Street. PRESENT: Mayor Manchester, Recorder Ninnemann; Council members: Vivian Conly, Mark Etten, Tabatha Light, Wade McClure and Beverly White; Public Works Director Mark Carver, Fire Chief Wayne Pennington, Police Chief Tim Stover and Treasurer Susan Honaker. VISITORS: Reporters David Cottrill of the Mountain Messenger, Christian Giggenbach of the Beckley Register Herald and Theresa Flerx of the West Virginia Daily News; Chris Teubert, Kim Cooper, Rusty Harvey, Sean Wolford and Jessica Levine. CALL TO ORDER: Mayor John Manchester called the meeting to order at 7:30 p.m. Recorder Ninnemann offered the invocation and Council member White led the Pledge of Allegiance. VISITORS REPORT: Jessica Levine, Grant Proposal Jessica Levine approached with a proposal asking Council to act as a pass through government entity to receive mini-grant money for the Labyrinth Project to be constructed in the spring of 2006 at a city park. Mayor Manchester stated that he would like to review the grant application and proposal before making any decisions. He asked Levine to submit the requested documents for review before the February 2006 Council meeting. 9-1-1 Center Rusty Harvey and Sean Wolford updated Council on the progress of the 9-1-1 addressing project within Lewisburg. Wolford stated that a Public Safety meeting should be set up to discuss requests for new addresses in Lewisburg. Wolford also said that many addresses in the City would change after the implementation of the new 9-1-1 addressing software. Recorder Ninnemann asked Harvey when the address changes would take place, Harvey answered that he did not know. APPROVAL OF MINUTES: November 8, 2005 Council member Conly made a motion to approve the 11-8-05 Special Session Council minutes as presented. Council member White seconded the motion. With all in favor the motion carried. November 15, 2005 Council member Etten made a motion to approve the 11-15-05 Regular Session Council minutes as corrected. Council member Conly seconded the motion. With all in favor the motion carried. December 13, 2005 Council member Etten made a motion to approve the 12-13-05 Special Session Council minutes as presented. Council member Light seconded the motion. With all in favor the motion carried.
City of Lewisburg Council Minutes January 17, 2006 -2December 20, 2005 Council member Etten made a motion to approve the 12-20-05 Regular Session Council minutes as corrected. Council member White seconded the motion. With all in favor the motion carried. COMMUNICATIONS FROM THE MAYOR: Greenbrier County Visitor’s Bureau Annual Report Executive Director, Kim Cooper presented an annual report that covered the period of July 1, 2004 until June 30, 2005. A copy of the report will be attached to the official minutes. PROCLAMATIONS: 2005 Volunteer of the Year Mayor Manchester announced the 2005 Volunteer of the Year was Mike Ream. The proclamation was read at the 2006 Shanghai Parade. Dr. Martin Luther, King, Jr. Mayor Manchester announced that he read the 2006 Dr. Martin Luther King, Jr., proclamation at the Celebration and March on Monday, January 16, 2006 at the Lewisburg United Methodist Church. ORDINANCES: Site Plan Review- Time Period Ordinance Council member Wade McClure raised questions of whether any “body” (board or commission) could forward an ordinance to City Council to be considered for a first reading and approval without having first given any input to Council. McClure made reference to a previous court case involving the City, which determined procedures for ordinances and interactions between Council and City boards and commissions. Mayor John Manchester stated that the Planning Commission saw a need for changes regarding the addition of set time limits on site plan reviews. Recorder Shannon Ninnemann stated that she felt the recommendation to read this ordinance for first reading by the Planning Commission was appropriate since it was first reviewed by the Planning Commission, a body which is charged with carrying out those sorts of review & recommendation functions. Council member Mark Etten stated that he had previously spoke about implementing a time limit for site plan reviews during the December 2005 Council meeting when he presented the monthly “Planning Commission Report.” McClure stated that his concerns regarding this ordinance were that the six-month time limit chosen by the Planning Commission could be considered arbitrary. Etten noted that any duration of time chosen could be considered arbitrary. Etten stated that the Planning Commission has had numerous discussions about the six-month time limit. Manchester stated that the Planning Commission has made an effort to try and encourage developers to get their projects moving along, yet still allow three-month extensions for unforeseen hold ups. Etten said that the planner’s intent was to be sure that no approved site plan would be effective for long periods of time without any activity on-site. Manchester stated that extensive discussion by the Planners had been held regarding time limits, which led up to a unanimous decision and recommendation to Council. He stated
City of Lewisburg Council Minutes January 17, 2006 -3that he felt the six-month time limit with the option for three-month extension in the case of a delay by an outside permitting agency, seemed fair. He noted that the Planners felt that six months was adequate time for a normal site plan without an outside permitting agency to deal with. McClure stated that he would have chosen a twelve (12) month time period. Recorder Shannon Ninnemann read the following ordinance by title for first reading. “AN ORDINANCE TO AMEND AND MODIFY THE OFFICIAL ZONING ORDINANCE OF THE CITY OF LEWISBURG, WEST VIRGINIA, RELATING TO REVIEW STANDARDS FOR SITE PLANS AND PLANNING COMMISSION ACTION.” Council member McClure made a motion to amend the ordinance to have a twelve (12) month time limit instead of a six (6) month time limit for site plan reviews. Council member White seconded the motion. With three (3) in favor and two (2) opposed the motion carried. Council member McClure made a motion to accept the ordinance as amended. Council member White seconded the motion. With all in favor the motion carried. RESOLUTIONS: Resolution 254 Recorder Shannon Ninnemann read the title of the following resolution: SUBJECT: The revision of the Levy Estimate (Budget) of the City of Lewisburg. The following resolution was offered: RESOLVED: That subject to approval of the State Auditor as ex officio chief inspector of public offices the municipal council does hereby direct the budget be revised PRIOR TO THE EXPENDITURE OR OBLIGATION OF FUNDS FOR WHICH NO APPROPRIATON OR INSUFFICIENT APPROPRIATION CURRENTLY EXISTS, as shown on budget revision number two, a copy of which is entered as part of this record. Council member McClure moved to adopt the foregoing Resolution. Council member White seconded the motion. With all in favor, the motion carried. COMMUNICATIONS FROM CITY COUNCIL MEMBERS: Council member White stated that the next Bolling Ad Hoc Committee meeting was scheduled for February 13, 2006. She noted that the group is moving forward as it tries to identify the “fiscal effects” [necessary repairs and costs] for the building. COMMUNICATIONS FROM BOARD AND COMMISSIONS: Planning Commission Report Council member Etten reported on the following events of the January 5, 2006 Planning Commission meeting: A subdivision lot line adjustment by William Goodwin for lots ten (10) & twelve (12) on Coleman Drive was approved. Ordinance 168 was forwarded to city council for consideration, recommending that it be adopted. Parks Commission Report
Council member White reported that a Parks Commission meeting was not held in the month of January because a quorum could not be present to conduct business.
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COMMUNICATIONS FROM THE POLICE DEPARTMENT: Police Chief Tim Stover presented the 2005 annual police activity report of which a copy will be attached to the official minutes. COMMUNICATIONS FROM THE FIRE DEPARTMENT: Fire Chief Wayne Pennington presented the 2005 annual fire activity report of which a copy will be attached to the official minutes. COMMUNICATIONS FROM COUNCIL COMMITTEES: Finance Committee Report Council member McClure reported on the following events of the January 14, 2006 finance committee meeting: The committee forwarded a recommendation to Council for approval of revision number 2 of the 2005-2006 budgets. A lengthy discussion was held regarding revenue options, most notably the possible implementation of a municipal B&O tax. Department heads presented preliminary budgets for upcoming fiscal year 20062007. Financial statements for the quarter ending December 31, 2005 were approved with the exception of the Parks budget. It was recommended that the Parks budget be tabled till that budget was completed.
Council member McClure made a motion to table approval of the Parks Fund financial statements for the quarter ending December 31, 2005. Council member White seconded the motion. With all in favor the motion carried. Public Works Committee Report Director of Public Works Mark Carver reported on the following events of the January 10, 2006 Public Works meeting: A leak adjustment policy was reviewed. The committee decided to forward a request to Council to ratify the current leak adjustment policy.
Council member McClure made a motion to table approval of the leak adjustment policy until the ratified version has been presented to City Council for review. Council member White seconded the motion. With all in favor the motion carried. The Fairview Road Development water service was discussed. Carver stated, Stafford Consultants had indicated that providing water service to this project would not negatively impact the Lewisburg water system. The PW committee decided to proceed with this project and a main line extension agreement is being drafted for Council consideration. Carver presented a report on proposed water plant upgrades. Carver noted that leak detection practices continue to be employed. Discussion was begun on developing guidelines for a new sidewalk maintenance program to build new or improve existing sidewalks. A report was given on new high-pressure sodium street lights. Public Safety Committee Report Council member Conly stated, a meeting would soon be held to address parking issues on Court Street and the 9-1-1 center.
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Green Space Committee Report Conly stated, a diagram for a rail surrounding the green space at the corner of Washington and Jefferson Streets has been drafted. She noted that the committee would begin the bid process to purchase the materials for the rail. Conly said, it was the intention of the City to have City crews install the rail. ADJOURNMENT: Council member Light made a motion to adjourn the meeting at 9:47 p.m., which motion was seconded by Council member White. With all in favor the motion carried. Date:__________ Mayor:________________________ Recorder:__________________ ***********************************************************************