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STATE OF WEST VIRGINIA, COUNTY OF UPSHUR, CITY OF BUCKHANNON, TO WIT:
A regular meeting of the Buckhannon City Council was held May 7, 2015 at 7:00 p.m. in City Hall.
The following persons were present:
Mayor/Recorder
Assistant Recorder
Council Member
Council Member
Council Member
Council Member
Council Member
City Attorney
City Administrator
Fire Chief
Police Chief
Police Lieutenant
Street Commissioner/Waste Superintendent
City Engineer
Inter-Mountain Newspaper
Record Delta Newspaper
Channel 3
Richard Edwards
Amberle Jenkins
David Thomas
Ron Pugh
Mary Albaugh
Robyn Simons
Pamela Cuppari
David McCauley
Michael Doss
Mitch Tacy
Matthew Gregory
Doug Loudin
Jerry Arnold
Jay Hollen
Department and Board Reports:
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City Administrator-Michael Doss:
Mr. Doss submitted the following Financial Report and Report Summary:
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Fire Department – Fire Chief Mitch Tacy:
Chief Tacy reported on the following items:
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The new fire truck has arrived and in service. Fire fighters have been training with it. Some
odds and ends equipment needs purchased for it, one being a radio.
Chief Tacy reported that the traveling Vietnam Memorial Wall will arrive next Thursday
(during Strawberry Festival). It will be parked at the Safety Complex in the fenced area for
display.
Fire fighters, Brian Elmore and Joey Baxa, passed the written test to promote to
Lieutenants’. They will be recognized at the next meeting.
Chief Tacy remarked that Council will be voting to authorize 2 new fire positions. He
reminded Council that a total of 3 fire fighters are needed. One to replace vacant position
and 2 for new positions. He recommended that the new hires start after July 1. He needs
time to contact them, order clothing, gear, conduct a background check and schedule a
physical.
Chief Tacy also gave his blessing to sell the 1986 Sutphen to Belfrey Kentucky Volunteer
Fire Dept.
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Police Department – Police Chief-Matthew Gregory:
Chief Gregory reported on the following:
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The Citizens Police Academy has finished successfully. A couple of the attendees have
expressed interest in participation in the VIPS program.
The next program the Police Department will conduct will be the Youth Police Academy in
July. The FBI will have a presentation and the DUI simulator is part of this program.
The Police Department is preparing for the Strawberry Festival and College Graduation.
Chief Gregory announced that he will correspond with the Fusion Center to remove the
ALPR from the City Police Cruiser. He explained that the equipment is a valuable tool, but
has not met his expectations and he doesn’t want it used as a device of issue, eluding to the
controversy in previous meetings. He explained that technology is a great tool but he needs
human resources more. He explained that his operations were more successful with 10
officers. His department is at 8 and wanted Council to consider returning to 10 officers.
Chief Gregory reported that intern-Kaitlen Brown has graduated she was a very impressive
student and will be missed.
The Bike Patrol program is being restarted.
Council Members- Edwards, Simons and Albaugh commented positively about the Police
Academy program. Council Members discussed and in general agreed that the Police
Department should increase to 10 officers.
Council Cuppari remarked that signage is needed at the Police Department and a doorbell for
night use.
Council Albaugh asked Lt. Loudin to comment on self-defense classes offered. Lt. Loudin
remarked that a local bar owner (Campbell) hosted a self-defense class. 9-10 women attended
the class.
Council Edwards and Pugh remarked favorably on removal of ALPR.
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Street and Waste Department Supervisor-Jerry Arnold:
Mr. Arnold reported on the following:
Consolidated Public Work Board report:
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CPWB approved the use of Jawbone for Arts Festival.
CPWB also approve selling 10 parking spaces in Lot 6 to Triangle Service Station to help
remedy the sight triangle issue.
CPWB approved requests from BBQ Bash.
The 4th of July requested were tabled until further questions could be answered.
Budget revisions were approved.
Cemetery Rules and Regulation were revised.
Waste Collection Board report:
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The 2015-16 budget was approved.
A change in policy for bulky goods was approved. Limiting items.
Approval was granted to use another electronics recycling company.
A “Make It Shine Month” report was given.
Crews are preparing for Strawberry Festival.
Council commented favorably on City Park condition, crews are cleaning, painting and planting
trees. Council Albaugh commented Make It Shine is a good service to the community.
Council Cuppari asked if the old Main Street light would be removed soon. Mr. Arnold replied, they
would.
Council discussed the vandalism that occurs at the City Park. Mr. Arnold reported that security
cameras will be installed. Council and a guest discussed the removal of the fence from the upper
side of the park. The guest stated that area residents were upset the fence was removed. The guest
felt that the pass through deterred some illegal activity. Mr. Arnold remarked that there was a pass
through in the fence and it had been damaged a few times. Plans are also to define a walk trail in
the park which would require an area to walk thru.
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City Engineer – Jay Hollen:
Mr. Hollen reported on the following items:
City Council Update
May 7, 2015
FEMA HMGP – Generators
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Have yet to receive the official Notice to Proceed.
Left message with the Project Manager on Tuesday of this week but have not heard back.
City’s generator grant has been approved. Total amount of the grant is $87,336.00, which is $15,383.00
less than what was applied for.
Federal share of the grant is $65,502.00.
Non-Federal (Local) share of the grant is $21,834.00.
However, WV Division of Homeland Security and Emergency Management will be “picking up” the City’s
portion of the grant ($21,834.00); therefore, the total cost to the City will be $0.00.
Water Treatment Plant Improvement Project
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Work continues on the construction design & engineering portion of the project.
Expect to be ready to go out for bid within (3) months.
Approximately 90% complete.
Currently 85% complete with the final design drawings & specifications.
Lumos Fiber Optic Installation at Jawbone
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Surveying and locating of the property corners for Traders’ Alley will take place after the Strawberry
Festival.
Still working with Lumos to review / resolve an issue regarding the proposed layout in front of the former
Rob’s Fitness Center.
Once resolved, the project should be given approval.
The latest layout has all of the fiber optic line located on City property along Traders’ Alley and in front of
Jawbone Park.
McDonalds / Route 20 Lane Widening
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Schedule Update:
• Utilities are still being relocated
• Additional Right-of-Way is being negotiated and acquired.
• Anticipate Advertising, Bidding and Awarding the Project in July 2015.
• Construction would begin in August 2015.
• A completion date for the Project was not provided.
Engineering is continuing to address the City’s reviews into their engineering and design plans.
New Water Storage Tank
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Continuing to work on the new WST specifications and drawings as time and schedule permits.
Looking at a WST between 670,000- and 1,000,000-gallons in size.
Approximate cost of $550,000.00 to $750,000.00, including geotechnical engineering and cost increases.
Atlantic Coast Pipeline (ACP) Project
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Letter of Concern was submitted to FERC on April 23, 2015
The letter is not intended to be in support of, or in objection to, the ACP. It is merely a Letter of Concern
resulting from Dominion’s reluctance to meet with me to discuss the proposed river and stream crossings,
how the crossings will be engineered, how will the crossings be constructed and what type of protection
measures will be incorporated into the river and stream crossings.
As of today, there has been nothing received from Dominion regarding the design & construction of the
river and stream crossings.
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The river and (8) stream crossings are both located with the Zone of Critical Concern (as delineated by the
WVDHHR).
The Buckhannon River is Upshur County’s only source of raw water and the Buckhannon River provides
enough raw water to allow the City to produce enough potable water to meet the daily consumption
demands of approximately 93% of Upshur County’s population.
Gateway West Transportation Alternatives Project
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Nothing new to report.
The Project is eligible for funding; however, nothing has been determined at this time.
ACOE Flood Local Protection Project Update
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Received correspondence from the ACOE regarding the City’s Action Plan that was submitted to the
ACOE on April 8, 2015 for their review and comments.
According to the ACOE, the Action Plan “looks good”. The only thing the ACOE requests is that a
Maintenance Log be kept on the progress of the activities in the Action Plan and that the Maintenance Log
be made available to the ACOE at all times.
At the ACOE’s recommendation, items to be addressed in the Action Plan include:
1. “Do not let the vegetation problem get any worse.”
2. Address the vegetation areas near the bridge and bridge abutments by removing trees, shrubs and tall
vegetation (>8”) at least 100’ up- and downstream of each structure.
3. Remove all debris from the river bed.
4. Remove all dead vegetation and trees from the river bed.
5. Remove all dead vegetation and trees from the banks of the river.
6. At this time, do not remove the tree stumps on the banks of the river.
7. Identify, monitor and remove any leaning trees on the banks of the river as necessary.
The biennial inspection is scheduled for some time in 2015.
Source Water Protection Plan (SWPP)
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Received news from the WVDHHR and the Region VII PDC that the City’s Feasibility Study portion of
the SWPP will be completed by a qualified engineering firm (to be determined) and the fees associated
with the engineering firm’s work will be paid for with grant money from the WVDHHR.
The Feasibility Study scope of work includes:
1. Constructing or establishing a secondary or backup intake that would draw water supplies from a
substantially different location or water source.
2. Constructing additional raw water storage capacity and/or treated water storage capacity to provide at
least two (2) days of system storage based upon the water treatment plant’s maximum level of
production experienced within the last year.
3. Creating or constructing an operational interconnection(s) between the public water supply utility and
other plants to allow the utility to receive its water from a different source of supply during a period its
primary water supply becomes unavailable or unreliable due to contamination, release, spill event or
other circumstance.
4. Any other alternative which is available to the public water supply utility to secure safe and reliable
alternative supplies during a period its primary source of supply is unavailable or negatively impacted
for an extended period.
The engineering work will not begin until July 1, 2015 and must be completed by June 30, 2016.
Still working on the Source Water Protection Plan that the WVDEP in requiring of all public water
systems.
The Plan is due no later than June 30, 2016.
The second of (4) public meetings was held on March 16, 2015 at 7:00P here at City Hall.
• Went very well.
• More public participation at this meeting.
Next meeting is scheduled for the 2nd or 3rd week of June.
Council asked Mr. Hollen to explain the work by Dept of Highways in regard to the lane widening on
Route 20 between Victoria and Marion Streets. Mr. Hollen gave a detail explanation of the work by
the WV Dept of Highways.
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City Attorney – David McCauley
Mr. McCauley reported on the following:
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A civil complaint was filed against the Water Board and the City of Buckhannon by Scott
Lampenin.
Mr. McCauley explained he would address the matter further in executive session.
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A draft Ordinance was presented to City Council for review.
ORDINANCE NO. 39_ OF THE CITY OF BUCKHANNON,
AN ORDINANCE FORMALLY ENACTING THE SECOND “PLANK” OF THE CITY OF BUCKHANNON’S
HOME RULE PLAN THAT WAS PREVIOUSLY APPROVED BY THE STATE OF WEST VIRGINIA’S
HOME RULE BOARD, SPECIFICALLY PROVIDING FOR (1) PROPERTY NUISANCE ABATEMENT, (2)
CREATION OF A SPECIAL PROPERTY TAX LIEN, AND (3) THE ISSUANCE OF “ON-SITE”
CITATIONS
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Mr. McCauley explained that some changes have been made in legislation regarding
presentation of ordinances for Home Rule planks. Prior approval from the Home Rule
Board is no longer needed. He recommends presenting the Ordinance for first reading June
4th.
The Law Enforcement Mutual Aid Agreement with Buckhannon, Lewis County and City of
Weston is still pending signatures.
The Suddenlink Franchise agreement is still pending. The TV Cable Board met and are
recommending to City Council, an extension of 6 months. This will give incoming City
Attorney McClure time to review and prepare.
M-E-M-O
TO: Members of City Council; Members of the TV Cable Board; Michael Doss, City Administrator; &
Amberle Jenkins, Assistant City Recorder
FROM: David W. McCauley, City Attorney
DATE: April 28, 2015
RE: Suddenlink Franchise Renewal Impasse
This memo supplements my memo of April 16 concerning the Suddenlink franchise renewal
discussion. I’m offering with this memo some interesting pieces quoting Suddenlink CEO Jerry Kent that
offer insight about the current state of TV Cable. I think you’ll find the articles enlightening and helpful to
our City’s appreciation as to where we are as a small player dealing with a mega-billion dollar cable
company, being the seventh largest TV cable company in the U.S. if the pieces I’m providing are
accurate.
I believe going forth that our City should address these negotiations 100% as a business one.
There are no partnerships, there are no friendships, it’s all about business. So, as our City conducts an
important business transaction in which for the first time in my 30+ years of negotiating TV cable
franchises, there will be no guarantees of improved programming, amid a time when the quality of our
current Buckhannon cable lineup has recently seen a horrible decline in the quality of our viewing
opportunities with the loss of the Viacom services, TVLand, Comedy Central, Nickelodeon, CMT, MTV,
VH1, BET, Spike TV, and other services prior to that such as the long broadcast WTAE out of Pittsburghhere are the things that Buckhannon controls relative to negotiations.
(1) Buckhannon should do its due diligence. Franchise agreements are public record. What do
other cities receive in their franchise agreements with this cable provider? I think we should know what
our friends in Charleston and Parkersburg and other Suddenlink venues receive so that we can compare
apples with apples. This process will take some time.
(2) In the new franchise agreement, the definition of “public property” needs to be substantially
changed to limit the right of way area exclusively to City street and alley rights of way. Our City should
not permit cable in our parks, cemeteries, utility plants, etc., or if such is permitted, it would be addressed
by a separate right of way or easement negotiated for the going rate.
(3) The lease long enjoyed, rent-free by the way, at the top of our Cemetery Hill, should result in
the City being well compensated by Suddenlink. Additionally, any lines leading to the head-end site
should be separately negotiated as temporary, renewable annually easements that perhaps tie into the
lease agreement that is a “stand alone” agreement, referenced but not contingent upon any franchise
agreement.
(4) The term of any renewal should not exceed five years.
(5) Our City should pursue all means to realize all allowable taxation of the Suddenlink telephony
and internet services. Frontier pays the City a franchise fee for their telephony product. Suddenlink
should, too.
If you have any questions or comments, feel free to contact me.
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The Honoree’s for Service in Youth and Friendly Way Day will be announced and presented
next week during Strawberry Festival.
Mr. McCauley stated that the Water Board will be presented with the rate study on May 27th.
The Water Board will recommend the rate increase to City Council after that. City Council
may direct that an ordinance be drafted for a rate increase at the June 4th meeting. An
ordinance can be prepared for the June 18th meeting for 1st reading.
Recently complaints were received from a resident’s at W Lincoln Street about a failing
storm drain. Mr. Ludlow will make a report of storm drain issue to City Council in the
future.
The Larosa, Deer Creek deed has been recorded.
Mr. McCauley submitted the following information from Zoning Officer-Rich Clemens.
The City of Buckhannon would like to remind residents to be responsible in the care of their
property as summer approaches. A number of issues appear each year that cause complaints
to be filed with the City.
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Be a responsible pet owner – a pet must be in the control of the owner and it is the pet owner’s
responsibility to remove pet waste from public property whether it is located in a Park or along the street. If
the pet owner does not own the property then it is their responsibility to remove the waste and dispose of it
in an acceptable manner. Be kind to your pet, if it kept tied-up all day – does it have access to shade, does
it have access to food and fresh water.
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Keep grass clippings out of the street – leaving grass clippings in the street contributes to blocked
storm drains and an increased threat of local flooding. When you or your yard service finishes mowing,
excess grass is to be collected and disposed of properly. The City collects yard debris early each Friday
morning – if you will call and schedule a pickup before noon on Thursdays. Note: yard waste is collected by
the Street Department and is not treated as garbage. Please do not dispose of yard waste as part of your
weekly trash pickup.
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Trash cans need to be concealed – After your scheduled pickup please retrieve your trash containers
from along the street and return them to a location more pleasing to the appearance of your neighborhood.
Having trash containers “out” more than 24 hours is a violation of a City Ordinance.
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Lawn care needs to be done weekly – The attractiveness of your neighborhood is enhanced by proper
maintenance of your yard. Failure to mow your lawn, having excess materials in your yard or on an open
porch filled with “stuff” often become eyesores for your neighbors. Please help make our City Shine for our
visitors and your neighbors. As a regular subscriber of City service for trash collection you may call and
arrange for the pickup of bulky goods and other unwanted items by City crews for a reasonable fee.
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Automobiles and other items are often left to rust – in back or side yards. It only takes a few
moments to arrange to have that unused item removed from your property by a towing service and
disposed of properly. If you haven’t done anything with the item in the past year it will probably be there
next year as well, why not have it removed today.
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Yard Sales are limited by State Law – State Law limits the number and length of yard sales (isolated
transactions) that can be conducted without a business license and without the collection of sales tax.
“Isolated Transactions--sales of tangible personal property or taxable services by persons who are not in the
business of making such sales, such as individuals selling their used furniture, if the person or business
holding the sale holds no more than four in one year and each sale lasts no more than forty-eight hours,
and sales of taxable services by persons who are not routinely in the business of providing taxable services,
such as teenagers who occasionally mow lawns, baby-sit or do odd jobs (persons who routinely sell odd
items at yard sales, flea markets or along the roadside are engaged in the business of selling and must
register with the Department of Tax and Revenue as a business).
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Obey traffic laws and speed limits – All too often in our hurry to get somewhere we fail to stop at the
corner or ignore a speed limit. Failure to obey established traffic laws can be very expensive and extremely
hazardous to a child or elderly resident. Slow down and enjoy your trip.
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Finish that remodel project – Do you have a half completed project around your home? Building permits
expire after 6 months and your neighbors are getting tired of seeing the clutter.
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Please don’t litter – Keeping Buckhannon clean is everyone’s job. Take that empty soda cup home and
dispose of it properly or keep a small plastic bag in your car to collect the trash and dispose of it properly
when it is full.
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Swimming Pools & Other Water Features – “Private swimming pools shall be permitted only when
located in rear yards, and further when completely enclosed by a fence or buildings or combination thereof
of a height of six feet (6’) in the case of fences, and six feet (6’) or greater in the case of buildings, and
generally protected in such a manner so as to avoid becoming an attractive nuisance especially to children.”
Please take the necessary steps to resolve this problem within 15 days from the receipt of this notice.
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As reported by Mr. Doss, the Firework’s Contract was review and revised by Mr. McCauley.
It has been executed.
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UCARE plans 5 pool parties the month of June, July and August.
As part of a public arts project, lighting was to be installed at the mural along Locust and Main
Streets. The light was never installed. Mayor Edwards stated that lighting at that location along
with lighting at the planters is planned.
Council Pugh remarked that a $3 charge has been added on the cable bill for a sports package. Mr.
McCauley thinks it was added as part of the rate increase. Mr. McCauley explained City has no
control of rates.
Council Pugh also remarked that the mural paint is chipping and needs attention and repair.
Correspondence:
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Fire Civil Service Commission Letter of Interest:
From: Harold Cunningham <[email protected]>
Date: Wed, Apr 15, 2015 at 5:51 PM
Subject: City Civil Service Board
To: "[email protected]" <[email protected]>
Mayor Edwards,
I wanted to email you and let you know I am interested in the opening on the City of Buckhannon's Civil Service
Board. I would like to be a part of making Buckhannon an even better city to live in and be a part of addressing
any concerns that effect us all. I would like the opportunity to discuss the details and what the needs of the
Service Board are so we can decide if I could possibly be a good fit and help out as much as possible.
Harold Cunningham
304-669-9210
34 Central Ave
Buckhannon WV 2620
Motion Albaugh/Pugh to appoint Harold Murphy to the Fire Civil Service Commission.
Motion carried.
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Boy Scouts Food Drive request: Nate Kennedy appeared before Council and explained the
letter.
Nate Kennedy – Scoutmaster Troop 128
36 Central Avenue
Buckhannon, WV 26201
April 27, 2015
Rick Edwards – Mayor Buckhannon
70 East Main Street
Buckhannon, WV 26201
Dear Rick:
On June 6, the Scouts of Upshur county are planning to conduct a food drive. This will involve Troop 128,
Pack 128, Troop 100, Pack 100, Troop 124, and Pack 124. The plan is to go door to door to pick up food and
request food donations. We have not set plans yet for which specific areas of town that we plan to cover. Since this
will be a group effort, we will be meeting at least once during May to plan on which Scouting unit covers which
neighborhood as well as working out other details. We plan to use a neutral area for food dropoff and sorting prior
to delivery to the Salvation Army. Our plan is to use Jawbone Park and utilize the Pavillion(s). For this Food Drive
(Scouting for Food), we will plan on donating food collected to the Salvation Army and request that we be allowed
to use one or more Pavillions at Jawbone Park. For future food drives, we will probably splitting our food drive
donations between the Parish House & Salvation Army. My goal is to see the Scouts of Upshur county conducting 2
food drives annually; one in the spring and one in the fall.
This plan is similar to the food drive that we conducted last year. Historically, we have always done this
food drive as a Troop 128 and Pack 128 function and we would be out twice – once to drop off flyers and once to
pick up food left on porches. Involving the other Troops and Packs of Upshur county has been a goal for many
years and this will be the second year that we have done this. In addition to Troop and Pack 128, we also have the
concurrence of Troop 100, Pack 124, Troop 124, and tentatively Pack 100. Also, the one day format answers
several concerns – having Scouts, especially the younger Cub Scouts out after dark, and the fact that our small flyers
tend to get blown away in the wind or lost.
To facilitate this food drive, we need the official approval of City Council. If you would, please forward
this request to City Council at the next City Council meeting. I plan to attend your May 7 meeting and can answer
any questions that you or the council may have.
Sincerely;
_______________________________________
Nate Kennedy – Scoutmaster Troop 128
Motion Thomas/Pugh to approve the Food Drive as requested. Motion carried.
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Chamber of Commerce – appointment of Alisa Lively to the Police Civil Service
Commission:
14 East Main Street Buckhannon, WV 26201
304-472-1722
The Buckhannon-Upshur Chamber of Commerce understands that the appointed seat that was
previously filled by Robert Osburn is now vacant. The Buckhannon-Upshur Chamber of Commerce would
like to appoint Alisa Lively to fill the unexpired Police Civil Service Commission term.
Thank you,
Tammy Reger
Buckhannon-Upshur Chamber of Commerce
Executive Director
Motion Albaugh/Cuppari to accept the appointment from the Chamber of Commerce of Alisa
Lively to the Police Civil Service Commission. Motion carried.
Consent Agenda:
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Approval of Minutes – April 16 Regular Council Meeting
Approval of Minutes - April 21 “Lay the Levy” Special Council Meeting
Approval of Minutes – April 30 Special Joint Session Council/Upshur County Commission
Meeting
Approval of Fire Civil Service Commission Promotion Lieutenant Joey Baxa and Lieutenant
Brian Elmore
Approval to Extend the Current Cable Franchise Agreement Six Months as Recommended by
TV Cable Board
Approval of Building and Wiring Permits
Approval of Payment of the Bills
Motion Cuppari/Simons to approve the Consent Agenda. Motion carried.
Strategic Issues for discussion and vote:
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Approval of Fire Civil Service list of Certified Eligible as recommended by the Fire
Civil Service. Commission:
Franklin Baxa
Aaron Goff
Caleb Cutright
STATE OF WEST VIRGINIA, COUNTY OF UPSHUR, CITY OF BUCKHANNON, TO WIT:
A scheduled meeting of the Buckhannon Fire Civil Service Commission was held at Buckhannon City Hall on
Thursday April 23, 2015 at 10:00 a.m. with the following in attendance:
Robert Parker
Alec Ross
Richard Edwards
Commissioner
Commissioner
Clerk
Present
Via Telephony
Present
Commission Clerk Edwards called the meeting to order, noting a quorum was present at 10:08 a.m.
Commissioner Edwards discussed the purpose of meeting, to certify the current “List of Eligibles”, and rank
according to scores.
Correspondence:
The following email was received from Zachary Byers withdrawing his name from the list of candidates that
recently tested and passed.
From: "Zach" <[email protected]>
Date: Apr 22, 2015 1:13 PM
Subject: Re: Buckhannon Fire Dept.
To: "Rick Edwards" <[email protected]>
I Zachary Byers would like to withdraw my application for the Buckhannon fire department and would like
to be removed from their list of eligible firefighter candidates.
List of candidates and scores:
The following list of candidates and scores were presented.
FIRE CIVIL SERVICE
CANDIDATE TESTING
FIRST NAME
JAMES "JIM" A
FRANKLIN
AARON
CALEB
LAST NAME AGILITY P/F
KIMBLE
PASSED
BAXA
PASSED
GOFF
PASSED
CUTRIGHT
PASSED
WRITTEN % INTERVIEW % OVERALL %
72.70%
72.70%
72.70%
75.22%
88.66%
81.94%
77.20%
76.66%
76.93%
71.00%
78.00%
74.50%
There being no objections, the scores and ranking, according to as submitted, and certified by the
Buckhannon Fire Civil Service are as follows;
On MOTION [Parker/Ross], the Fire Civil Service Commission hereby certifies the following three eligible
candidates to City Council.
Franklin Baxa
Aaron Goff
Caleb Cutright
Motion carried.
The Commission has fulfilled its requirements, as regulated, according to code and statute. The Commission
stands adjourned until such time as needed.
Robert Parker
Alec Ross
Richard Edwards
Commissioner
Commissioner
Clerk
Motion Pugh/ Albaugh to accept the three certified eligible candidate recommended by Fire
Civil Service Commission. Motion carried.
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Approval of two additional probationary firefighter positions with the Buckhannon
Fire Department.
Motion Albaugh/Simons to authorize two additional firefighter positions with the
Buckhannon Fire Department. Motion carried.
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First reading of Ordinance 390- Fire Fee:
ORDINANCE NO. 390 OF THE CITY OF BUCKHANNON, AN ORDINANCE AMENDING ORDINANCE
NO. 225 OF THE CITY OF BUCKHANNON, INCREASING THE CITY’S FIRE PROTECTION SERVICE
FEES
WHEREAS, the Council of the City of Buckhannon since March 21, 1966 through the enactment
of Ordinances No. 137, 222, and 225 has provided for the imposition and collection of fees for the City’s
Fire Department providing fire protection services throughout Buckhannon’s corporate limits; and,
WHEREAS, the City of Buckhannon is specifically authorized pursuant to Chapter 8, Article 13,
Section 13(a) of the West Virginia Code, as amended, to provide emergency fire service protection within
the corporate limits of the City of Buckhannon and to impose by ordinance upon the users of the service
such reasonable rates, fees, and charges to be collected in the manner specified by ordinance; and,
WHEREAS, the Council heretofore ordered the reconstruction and increase of said fee effective
July 1, 2015, and now desires to amend and revise Ordinance No. 225 in accordance with its prior
directions.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BUCKHANNON, AS FOLLOWS:
ARTICLE I – TITLE OF ORDINANCE: This Ordinance shall be known as the City of
Buckhannon’s Fire Protection Service Fee Ordinance.
ARTICLE II - FINDINGS OF COUNCIL: The Council of the City of Buckhannon hereby makes
the following findings:
(A) The City of Buckhannon has operated a municipal fire department for many decades,
however, the City Council has not increased its fire protection service fees in Buckhannon since January
1, 1983.
(B) The City’s costs and expenses in providing the reasonable and necessary personnel,
training, vehicles, and equipment to offer fire protection service for the community have increased
substantially during the past 32 plus years.
(C) Previously, and at all times since January 1, 1983, and beginning with the City’s
effectuation of Ordinance No. 222, the City’s fire protection service fees have been established on a flat
rate basis for all residential properties, and on a revenue generated basis for commercial properties.
(D) The City Council now believes that the continuation of the flat rate fire service
protection fee approach for all residential properties, and on the revenue generated approach for
commercial properties continues to be the fairest and most equitable to the residents and businesses of
the City of Buckhannon versus any other fee model.
(E) The express purpose and intention of this ordinance is to substantially increase the
total revenues realized by the City of Buckhannon for providing fire protection services within the
corporate limits.
ARTICLE III – DEFINITIONS:
For the purposes of this article, the following terms shall have the meaning respectively
designated unless it is clear from the context that a different meaning is intended:
(A) “Residential unit structure” means any structure or unit which is used or intended by
the nature of its construction to be used as a single-family dwelling by persons for living or sleeping
quarters, but shall not include unit structures intended primarily for transient lodging, including without
limitation, hotels, motels, rest homes and hospital rooms.
(B) “Dual residential unit structure” means any structure or unit which is used or intended
by the nature of its construction to be used as a two (separate) family dwelling by persons for living or
sleeping quarters, and having only two units within such structure, but shall not include unit structures
intended primarily for transient lodging, including without limitation, hotels, motels, rest homes and
hospital rooms. Such structure shall include but not be limited to duplexes.
(C) “Multiple-family residential unit structure” means a residential unit structure having
more than two family dwellings or units within such structure. Such structure shall include but not be
limited to apartment buildings, condominiums, townhouses or boarding houses. Such structure shall
exclude hotels, motels, tourist homes, etc.
(D) “Nonresidential unit structure”. All other buildings not included within the definitions of
“residential unit structure”. Such structures shall include, but not be limited to all commercial
establishments, schools, government buildings, etc. If a structure has multiple uses such as residential
and commercial, it will be classified as a non-residential unit.
(E) “City Administrator” means the duly appointed Buckhannon City Administrator.
(F) “Owner” means the owner of record of any lot, tract, or parcel of real estate within the
City of Buckhannon, as evidenced by the records maintained in the Office of the Clerk of the County
Commission of Upshur County, West Virginia, but may also include the grantee or transferee of any
interest in any real estate situated within the City by unrecorded deed, or by an owner-financed sale
evidenced by written agreement, such as a “land contract”, provided that the parties to any such
transaction are required to mutually and timely notify the City Administrator as to which party to any such
transaction shall be responsible for payment of any fire service fees due and payable pursuant to this
Ordinance. In absence of any such agreement, the owner of record pursuant to the County Clerk’s
records shall be responsible for payment of the fees and charges established by this Ordinance.
(G) “Buckhannon City Fire Department” means the paid Fire Department of the City of
Bridgeport and all firefighters serving as volunteers within said Department.
ARTICLE IV – FEE RATES: The City’s Fire Protection Service Fees shall be charged as follows:
(A) RESIDENTAL BUILDINGS AND STRUCTURES:
(1) A fee of $3.00 per month shall be charged against each dwelling
house,
mobile home, and apartment in the City of Buckhannon, whether occupied or not.
(2) For purposes of this Ordinance, any separate garage,
other structure used as part of any dwelling house, mobile home,
occupied or used by persons other than those
apartment shall be
outbuilding, or
or apartment and not separately
occupying the primary dwelling house, mobile home, or
considered as part of the dwelling house, mobile home, or apartment and shall
not subject to any additional charges hereunder.
(3) If any building or other structure is used or commences to become used
exclusively for fraternity house, sorority house, dormitory, rooming house, hospital, nursing home, or rest
home purposes, then a flat monthly fee of $50.00 shall be charged to the property owner of record, and
each separate building or other structure then shall be charged with the flat monthly fee, whether
occupied or not.
(B) COMMERCIAL, INDUSTRIAL, INSTITUTIONAL, AND ALL OTHER NON-RESIDENTIAL
BUILDINGS AND STRUCTURES:
(1) A monthly fee based upon annual, gross receipts shall be levied against each
occupied office or other business or commercial facility used for business or commercial purposes and
against each occupied building or part of an occupied building used solely for one business or
commercial purpose, with the fee being determined as follows:
ANNUAL GROSS RECEIPTS
MONTHLY FIRE FEE
$25,000 and less
$5.00
$25,001 to $50,000
$7.50
$50,001 to $100,000
$10.00
$100,001 to $150,000
$15.00
$150,001 to $200,000
$20.00
$200,001 to $250,000
$25.00
$250,001 to $500,000
$30.00
$500,001 to $1,500,000
$35.00
$1,500,001 to $2,500,000
$50.00
$2,500,001 and more
$75.00
(2) If any commercial building or other structure is or becomes unoccupied, vacant, or
abandoned, a flat monthly fee of $15.00 then shall be charged to the property owner of record.
(3) If any building or other structure is used or commences to become used exclusively
for religious, charitable, educational, governmental, or other non-profit purposes other than those
buildings or structures identified in Article IV(A)(3) above, then a flat monthly fee of $10.00 shall be
charged to the property owner of record, and each separate building or other structure shall be charged
with the flat monthly fee.
(4) For purposes of this Ordinance, the fees imposed by this Ordinance specifically
include any hospital, nursing home, motel, hotel, religious, charitable, educational, governmental or nonprofit organization.
(5) The owner of any commercial, industrial, or other non-residential
building or
structure situated in the City of Buckhannon with a state certified sprinkler system shall receive a monthly twentyfive percent (25%) discount on the
structure.
charges for the commercial, industrial, or other non-residential building or
The burden shall be upon the owner of any commercial, industrial, or other non- residential
building or structure to provide documented certification that such building or
structure is equipped with a
state certified sprinkler system, and until such time as
documentation is provided, such building or structure
shall not be deemed eligible for the twenty-five percent (25%) discount.
ARTICLE V – MISCELLANEOUS AND ADMINISTRATIVE PROVISIONS:
(A) The service of fire protection shall be continued, maintained and improved by the City
of Buckhannon Fire Department and City of Buckhannon Volunteer Fire Department, in part, at the
charge and expense of the owners of all residential dwellings and non-residential dwellings included but
not limited to commercial and industrial businesses, hospital, nursing home, religious, charitable,
educational, governmental or non-profit organizations within the City of Buckhannon which said owners
are declared to be users and beneficiaries of such fire protection services. The Fire Protection Service
Fee with respect of such users and beneficiaries shall be imposed, assessed and collected as set out in
this Ordinance by the City of Buckhannon.
(B) All fees and charges for fire protection services shall be billed and collected by the
Treasurer and shall not be pro-rated for less than thirty days.
(C) Charges for the fire protection service shall be billed on a monthly basis as
determined and in accordance by the utility billing cycle for each individual property owner or alternatively,
the other utility user.
(D) All revenues collected for the collection of the Fire Protection Service Fee shall be
dedicated exclusively by the City to defray the cost of the continuance, maintenance, or improvement of
fire protection within the City of Buckhannon, and no part of such revenue shall be used for any other
purpose whatsoever.
(E) The fees or charges provided for by this Ordinance shall be deemed to be a debt due
to the City. The City may collect any such fee or charge and all accrued penalties by action against the
owner of property against whom the service charges have been assessed by action instituted before the
Magistrate Court or Circuit Court of Upshur County, West Virginia.
(F) It shall be the responsibility of the owner or owners of all buildings and structures
within the City to notify the City Administrator of any change in ownership and other items requested by
the City Administrator within thirty (30) days of such change.
(G) OWNER PROTESTS: The owner of any such building above aggrieved by a charge
or fee for fire protection service may protest the same by giving written notice to the City Administrator or
designee thereof setting forth their objections on or before thirty (30) days after the billing date. The City
Administrator shall render a decision within a reasonable time, giving notice in writing of the decision to all
parties concerned. The amount, if any due the City under such decisions shall be due and payable thirty
(30) days after service of the decision. Any person aggrieved by such administrative decision may within
thirty (30) days from service of the decision file a petition duly verified with the Circuit Court of Upshur
County, West Virginia, requesting review by certiorari, but otherwise, such decision shall be deemed to be
final and conclusive.
(H) ADMINISTRATION:
(1) The City Administrator or the City Administrator’s duly authorized
representative is hereby empowered to make such rules and regulations not in conflict with the provisions
of this Ordinance relative to the offering and providing of fire protection services as are necessary to
protect the property or the safety or health of the public, and no persons shall fail to comply with any such
rule and regulation so promulgated.
(2) The City Administrator shall administer all sections of this Ordinance dealing
with financing, billing, collection, etc.
(3) The City Administrator is hereby authorized to adjust, settle or cancel any
charge or fee required or made under this Ordinance or any controversy which may arise in the
administration of this article. However, such exercise of authority by the City Administrator shall be in a
uniform manner, and not exercised in an arbitrary or capricious manner and a written or electronic record
shall be kept of any and all such adjustments, settlements or cancellations.
ARTICLE VI - Penalty for Non-Payment of Fire Protection Service Fee:
(A) It shall be unlawful for any person to refuse to pay the Fire Protection Service Fee
provided for herein. It shall be each user’s responsibility to pay any and all reasonable court costs and
fees, for the collection of delinquent accounts.
(B) Delinquent Charges Penalty. Any charge for service remaining unpaid after the billing
date of the utility bill shall be deemed delinquent and a late payment penalty of ten percent (10%) of the
unpaid charge for that billing shall be assessed. In the event that any such delinquent charge remains
unpaid for a reasonable period of time not exceeding six months, the delinquent fee shall be pursued
through a civil action instituted before either the Upshur County Magistrate Court or Circuit Court as may
be appropriate under the circumstances.
(C) Pursuant to Chapter 8, Article 13, Section 13 of the West Virginia Code as amended,
and to facilitate collection of any unpaid and delinquent fire protection service fees due under this
Ordinance, the City of Buckhannon shall be hereby authorized to file a lien in the Office of the Clerk of the
County Commission of Upshur County, West Virginia, upon real property after providing written notice to
the property owner, return receipt requested, that the City intends to file the lien unless the delinquency is
paid by a specified date set forth in the notice, and which lien shall be filed not less than ninety (90) days
from the date the notice is mailed by the City. The property owner shall have the right to appeal the City’s
notice to the Upshur County Circuit Court, which appeal must be filed before the date provided for in the
notice.
(D) Any person whomsoever who fraudulently files information required pursuant to this
Ordinance, for which no other penalty is provided, shall upon conviction in the City of Buckhannon
Municipal Court be guilty of a misdemeanor offense, and shall be fined not more than Five Hundred
Dollars ($500).
ARTICLE VII - SEVERABILITY: In the event that any provision of this Ordinance is determined to
be unconstitutional or otherwise invalid by a court exercising competent jurisdiction, such determination
shall not affect the validity of this Ordinance as a whole or the provisions thereof that are not specifically
determined to be unconstitutional or invalid.
ARTICLE VIII - EFFECTIVE DATE: This Ordinance shall be deemed effective beginning July 1,
2015.
FIRST READING:
May 7, 2015
SECOND READING, PASSAGE AND ADOPTION:
May 21, 2015
_____________________________
Richard W. Edwards, Mayor
CERTIFICATE OF ENACTMENT
I, Amberle Jenkins, Assistant City Recorder, do hereby certify that the foregoing Ordinance No.
390 was lawfully ordained and enacted by the Council of the City of Buckhannon during a regular session
of the said Council assembled on May 21, 2015.
_____________________________________
Amberle Jenkins, Assistant City Recorder
City Attorney McCauley explained that, if passed on the 1st reading, a public hearing would be
required on the 2nd reading and if passed on second reading would go into effect in July.
Motion Albaugh/Cuppari to approve Ordinance 390 – Fire Fee on first reading.
Call for vote discussion: Council Thomas asked for amendment. He felt that approving the
ordinance is financially irresponsible without looking at the other fee structures like Police
Fees and B&O. He would like a committee appointed to review the fees with persons
appointed to the committee from various interest groups for input. He felt the firefighters
can still be hired while the fees are reviewed for 3 to 6 months. Thomas believes the saving
in health premiums could be used to pay firefighters. He also commented that the fees
Wesleyan College pays is not enough. He also challenged the County on the fees they charge
are not enough. Fees need reviewed as a whole package.
Mayor then entertained the motion to approve the first reading of Ordinance 390. A roll call
vote was taken:
Simons-Yes; Albaugh-Yes; Pugh-No; Cuppari- Yes; Thomas –No. Motion carried.
Mayor Edwards then asked Council that a committee be organized and that Mr. Thomas
should be the Chair or Co-Chair and allow 90 days (by August 6th) to review the fees and
present Council a report.
Motion Cuppari/Albaugh to develop a committee with Council Thomas as Chair to review the
fees and present a report to City Council within 90 days or by August 6th.
Call for vote discussion: Thomas stated the point of committee was to discuss all the fees
including Fire Fees. Council discussed possibly amended the Fire Fee Ordinance if City
Council desires to accept a report from the committee that would be different from the fees
in the current ordinance. Mayor Edwards explained that the current Ordinance 390 has been
discussed for several months, including public and town hall meetings about this issue. The
current ordinance is founded and designed on those discussions. IF Ordinance 390 is not
passed on second reading, then the Fire Fee Ordinance can be re-addressed by committee.
Mayor also reminded Council that any Ordinance can be amended by the Council when so
desired and voted upon.
•
Approval of the sale of 1986 Fire Truck to Belfry Volunteer Fire Department:
STATE OF WEST VIRGINIA, COUNTY OF UPSHUR, CITY OF BUCKHANNON, TO WIT:
Bids were open at 12:00 p.m. on April 30, 2015 in City Hall with the following persons present:
City Administrator
Fire Chief
Assistant Recorder
Michael Doss
Mitch Tacy
Amberle Jenkins
Representing Belfry Volunteer Fire Department from Belfry, Kentucky were Robert Ferris and Matthew T.
Marcum.
The following notice was published in the newspaper and posted on the internet:
*****
The City of Buckhannon will accept sealed bids until Thursday, April 30, 2015 at 12:00, at City Hall to sell the
following:
One - 1986 Sutphen Aerial Fire Truck
100 foot platform with all current pump and ladder certifications
Truck will include all hose and ladders
Truck is currently in service
You may contact Fire Chief-Mitch Tacy with any questions concerning the truck at 304-472-2868.
Bids are to be clearly marked "Sealed Bid - 1986 Fire Truck" on the envelope and either hand delivered or
addressed to:
City of Buckhannon
Attention: Michael Doss
70 East Main Street
Buckhannon, WV, 26201
Bids that are mailed must be received by the bid opening date and time.
The City of Buckhannon has the right to reject any or all bids.
*****
The following was the only bid received:
This bid will be presented at the next City Council meeting to accept or reject.
Mayor Richard Edwards
Assistant Recorder Amberle Jenkins
Motion Albaugh/Pugh to approve the sale of the 1986 Fire Truck to Belfry Volunteer Fire
Department. Motion carried.
•
Approval of WV Strawberry Festival request for additional funding:
Motion Thomas/Pugh to approve payment to the Strawberry Festival in the amount of
$2,600.00. Motion carried.
(Note: City Council paid $350.00 in 2015 for brochures. This is in addition to that. Also, to
clarify; City donated $350.00 for brochures and $1,000.00 sponsorship in past few years)
•
Almost Heaven BBQ Bash request:
June 19-20, 2015
PO Box 2054
Buckhannon, WV 26201
E-mail: [email protected]
www.almostheavenbbqbash.com
TO:
Mayor Edwards
Michael Doss
Jim Hinkle
FROM:
Jody Light
DATE:
May 1, 2015
Jerry Arnold
Jay Hollen
James Huber
To address the parking/traffic concerns regarding the upcoming Almost Heaven BBQ Bash the weekend
of June 19 – 20, hopefully the following information will clarify any misinformation or misunderstandings
that may exist:
th
~ No street closures have been requested for Friday, June 19 . If we do so, it would only involve a 2
block area from the intersection of Spring & Main to the rear entrance to the Moose parking lot from
approx. 6:00 – 8:00 PM to allow safe pedestrian traffic for a possible sponsor reception in the Pro Team
Cook Area (Lot #3). To our knowledge, this would not adversely impact any business during that time.
We will, of course, forward a written request thru the proper channels if we decide to pursue this.
~ Our only street closure request is for a nine (9) hour period from approx. 9:00 AM – 6:00 PM on
th
Saturday, June 20 to provide pedestrian safety while walking between the various activity areas in and
around Jawbone Park, Main Street, and the pro team cook area on Spring Street. Permission from the
WV DOH has already been secured for closure of Main Street during the above times.
~ To hopefully alleviate parking concerns:
1. Our website (FAQ’s) currently instructs visitors to park in city lots or off street parking areas and
to avoid parking adjacent to businesses in the area to allow space for their patrons.
2. A map of activities and suggested parking areas will be posted on our website in the coming
weeks.
3. A similar map will be printed and distributed the week prior to the event in 12,000+ program
books mailed to all Inter-Mountain subscribers, and in a special event insert in the Record Delta
~ There should be no disruption in access to the businesses in the Spring Street area near Jawbone
Park as Madison will remain open from Kanawha to Spring and Colerider will remain open from Kanawha
to Spring for access to the Post Office, Goodwill, the new Tire Center, and Wendy’s.
~ Realizing the inconvenience of any street closures, we’ve been personally meeting with downtown
businesses directly affected by the closures providing detailed information on planned activities, and most
have been very understanding and supportive. Many are only open a limited time, if at all, on Saturday.
Some have even thanked us for attracting visitors to the downtown area, and hopefully to their shops.
We will continue these personal visits until all affected businesses have been reached.
~ In addition to visiting these businesses, we are developing a Scavenger / Treasure Hunt to entice event
attendees to visit downtown shops, and most have been receptive and are interested in participating.
Personalized clues will be developed for each participating merchant with cash and other prizes to the
winners.
While we understand that any street closure for any reason can cause concern or may inconvenience
some, we are doing our best to make this a positive experience for everyone in the community, even
those being inconvenienced for a few hours. The event, however, will generate substantial revenue for
area hotels, restaurants, and other businesses as many have already booked hotel rooms for 2-3 nights,
and already has the support and endorsement of the Governor’s office, County Commission, City Council,
and many generous sponsors, and we hope it creates a wonderful family event for our community and the
State.
June 19-20, 2015
PO Box 2054
Buckhannon, WV 26201
E-mail: [email protected]
Website: www.almostheavenbbqbash.com
TO:
Mayor Rick Edwards
Buckhannon City Council Members
FROM:
Jody Light
DATE:
April 13, 2015
SUBJECT:
Almost Heaven BBQ Bash - Request for Support
As a follow-up to our recent meetings, this is to request the cooperation and support from the City of
Buckhannon by providing use of City owned lots for event activities and facilitating a safe walking area
downtown for event attendees and participants to move between various activity areas.
Friday, June 19, 2015 (approx. 9:00 AM – conclusion of event Saturday evening)
~ Exclusive use of Lot #3 (Spring Street behind Chinese Restaurant) for professional BBQ cook teams
~ Use of water service via water mains in Lot #3 for cook teams (Friday and Saturday)
*** We have also made arrangements with nearby businesses to utilize their private parking areas
including Buckhannon Family Dental, Chase Bank, Salvation Army, and the rear area of the Moose
parking lot for Friday and Saturday, June 19 and 20.
Saturday, June 20, 2015 (approx. 8:30 AM – 6:00 PM)
Reserved use of City lots and parking areas:
~ Jawbone Park Pavillion, adjoining parking spaces (opposite Post Office) and adjacent park area
~ Lot #3 – Spring Street (behind Chinese Restaurant) – for professional BBQ cook teams
~ Lot #4 – Corner of Main and Spring Streets (former CVB lot) for vendors, etc.
~ Lot #6 – Madison Street (beside Chase Bank drive-thru) for vendors and/or games & contests
~ Use of sidewalks across from post office (for sidewalk chalk art contest)
Street closures:
~ Spring Street from Madison Street to rear exit of Moose parking lot (before railroad tracks)
(Colerider Street to Kanawha Street will remain open for access to the Post Office parking area)
*** WV DOH permit in process for closure of Main Street from Locust Street (Courthouse) to South
Florida Street intersection (City Hall) on Saturday only. A request to place a Welcome banner across
Main Street has also been submitted to WV DOH for approval - would appreciate the City’s assistance in
hanging/removing these, if possible.
Downtown merchants: We have personally spoken with several downtown merchants, and will be
meeting with all affected by this event so they are fully aware of our plans. We hope to increase visibility
for these businesses thru a Scavenger / Treasure Hunt on Saturday morning with clues located in
businesses who choose to participate.
Reserved Use / Oversight of Area: We request the authority to manage all activities in these and
surrounding areas in the City limits, including the exclusive permitting of local non-profit, for profit, and
commercial vendors (similar provisions as other City-wide events).
Community Cooperation: We are working closely with the Upshur Co. Health Dept. regarding Health
permits, the WV Strawberry Festival for electric service in Lot #3, will contact Ted Turner regarding
electric svc..at Jawbone Park, Create Buckhannon for limited participation in Festival Fridays on June
th
19 , will provide portable sanitary facilities throughout event areas, and continue working closely with all
City departments to coordinate all aspects of this event.
Thank you in advance for your support – we look forward to an amazing new event for Buckhannon, and
hope you’ll join us in celebrating WV Day and enjoying some great BBQ while raising funds for Rotary’s
mission to eradicate polio in the world.
Motion Simons/Cuppari to approve the request submitted by the Almost Heaven BBQ Bash.
Motion carried.
Comments:
•
•
•
•
•
Council Thomas asked for any interested parties to participate in the Fee Review
Committee.
Council Cuppari commented that microphones are needed in Council Chambers. She
received complaints about sound. She also invited any interested parties to participate in
the Fireworks Committee.
Council Pugh reported that the ADA Committee will meet again on May 21st at 1:30 and do a
walk thru Buckhannon sidewalks.
Council Albaugh reported that plans are being made for the arrival of the Vietnam Memorial
wall. Veterans will welcome as it arrives in Buckhannon.
Council Simons reminded all of Mother’s Day and commended city employee’s work.
Motion Albaugh/Thomas to adjourn into executive session at 9:05 p.m. Motion carried.
Mayor Richard Edwards
____________________________________________________________
Assistant Recorder Amberle Jenkins
_____________________________________________________________