Council 07-21-16 - city of buckhannon

Transcription

STATE OF WEST VIRGINIA, COUNTY OF UPSHUR, CITY OF BUCKHANNON, TO WIT:
A regular meeting of the Buckhannon City Council was held in Council Chambers at City Hall, 70
East Main Street on Thursday, July 21, 2016 at 7:00 pm with the following in attendance:
Mayor
City Recorder
Acting City Administrator
Council Member
Council Member
Council Member
Council Member
Council Member
City Attorney
BPD Chief
Water Plant Superintendent
Water Line Superintendent
Sanitary Superintendent
Sanitary Superintendent
Channel 3
Record Delta
Inter-Mountain
David McCauley
Richard Edwards
Amberle Jenkins
David Thomas
CJ Rylands
Mary Albaugh
Pamela Cuppari
Robbie Skinner
Scott McClure of McClure and Goad, PLLC
Matt Gregory
Tom Landis
Kelly Arnold
Tim Rock
Erasmo Rizo
Dennis Cortes
Katie Minsker
Katrina Duckworth
The Mayor noting a quorum was present called the meeting to order at 7:00 p.m.
The Mayor introduced himself and welcomed the attendees for the meeting tonight.
Meeting Agenda Posted 07-18-16
City Council of Buckhannon – 7:00 pm in Council Chambers
Meeting Agenda for Thursday July 21, 2016
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A.
Call to Order
Moment of Silence
Pledge to the Flag of the United States of America
.Mayor’s Greetings
A.1
A.2
B.
Recognized Guests
B.1 Fire Department pinning of Patrick Traxler as Fireman; pinning of Baxa; Traxler; Goff for EMT Rankings
B.2 Proclamation
B.3 John Gygax – Town Appearance and Planning
C.
Department and Board Report
C.1 Police Chief-Matt Gregory
C.2 Water Department – Water Line Superintendent Kelly Arnold and Water Plant Superintendent- Tom
Landis
C.3 Sanitary Department – Superintendent Erasmo Rizo
C.4 Amberle Jenkins- Financial report
C.5
Scott McClure– City Attorney
Draft Parking Ordinance
Draft Property Transfer Ordinance to UCDA
Correspondence
D.1
Chicago The Band – letter
th
D.2
Bi-Centennial Anniversary Celebration notes June 27 meeting
D.3
88 Restaurant – Extension of licensed floor plan
D.4
What We Share Project – Artwork in local windows
D.5
Memo – Call for letters of Interest –Making Community a Senior Living Community
D.6
Letter – request for Fire Committee meeting
D.
E.
Consent Agenda
E.1
Approval of Minutes – Regular meeting July 7; Special July 14
E.2
Approval of Building and Wiring Permits
E.3
Approval of Payment of the Bills
E.4
Accept Resignation of Parking Enforcement – Emily Neely
F.
Strategic Issues for discussion an/or vote
F.1
General Fund Budget Revision #1 2016-17 (Roll Call Vote) Resolution 2016-13
F.2
Ordinance 2016-005 Part time Police Officer second and final reading
F.3
Ordinance 2016-006 TV Cable Franchise Agreement renewal
F.4
Appointment of Mayor David McCauley; Council Members CJ Ryland & David Thomas to Council
Fire Committee
F.5
Set speed limit for Friendly Way, Stockert & Safety Complex to 10 mph
F.6
Discussion about Public Safety Complex improvements talking points
F.7
Approval Three Director Model for City operations
G.
Comments and Announcements
G.1
Mary Albaugh
G.2
Pam Cuppari
G.3
C J Rylands
G.4
Robbie Skinner
G.5
David Thomas
G.6
Rick Edwards
H.
Mayor’s Comments and Announcements
H.1
Blessings Boxes
I.
Adjournment
Posted 07/18/16
Moment of silent prayer or meditation:
The Mayor then asked all to remember Superhero Jack Rollins and his family in this moment of
silent prayer or meditation due to his losing the battle against cancer. He also requested we
remember Mr. Travis Reed on his untimely passing.
Pledge of Allegiance:
The Mayor then asked Council member Robbie Skinner to lead the audience in the Pledge of
Allegiance.
Recognized Guests:

The Mayor called forward the boys B-UHS 4x400 relay team for special recognition and a
Proclamation. Zander Roylance, Elijah Cerchiai, Marcus Lofton, and Andrew Nesselroade
finished first in the State with a time of 3:26:79. The families of the students were in
attendance and recognized. Coach Mrs. Patty Wager was also called forward and
recognized for her service to B-UHS and the track and field teams. July 21, 2016 is “B-U
TRACK 4X400 RELAY DAY”.
MAYOR’S PROCLAMATION
Whereas, the Buckhannon-Upshur High School track & field squad has long been a perennial power in the
State of West Virginia having amassed many team and individual honors, awards, & championships over decades of
greatness; and,
Whereas, during the 2016 West Virginia High School Track & Field Championship Meet held on May 20-21
at Laidley Field in Charleston, a number of B-U student-athletes participated while proudly representing our B-U
community, acquitting themselves well under the very capable leadership of Coach Patty Wager; and,
Whereas, the Boys’ 4 x 400-meter relay team of junior ZANDER ROYLANCE, senior ELIJAH CERCHIAI,
senior MARCUS LOFTON, & junior ANDREW NESSELROADE won the State Championship with an outstanding
time of 3:26:79; and,
Whereas, our Buckhannon-Upshur High School team finished eighth overall in the team standings;
Whereas, our City is very proud of our State Champions who have brought much positive acclaim to our
Buckhannon-Upshur community as a result of their hard work, dedication, & athletic accomplishments; and,
Whereas, our City now desires to recognize ZANDER ROYLANCE, ELIJAH CERCHIAI, MARCUS
LOFTON, & ANDREW NESSELROADE for their many achievements, awards, & especially their State
Championship to our community.
NOW, THEREFORE, I, DAVID W. McCAULEY, MAYOR OF THE CITY OF BUCKHANNON, pursuant to
the power & authority duly vested in me, do hereby proclaim Thursday, July 21, 2016 to be “B-U TRACK 4 X 400RELAY DAY” throughout our City of Buckhannon.
I further urge all of our residents to greet our City’s most honored State Champions, ZANDER ROYLANCE,
ELIJAH CERCHIAI, MARCUS LOFTON, & ANDREW NESSELROADE, along with their families, & Coach Patty
Wager, their friends & me, together with all members of our City government family during their most special day.
Given under my hand & the official seal of
The City of Buckhannon, this 21st day of July, 2016
David W. McCauley, Mayor

The Mayor then called upon John Gygax city resident and “planner”. Mr. Gygax distributed a
document “Appearance first impressions curb appeal” to council. Mr. Gygax discussed and
elaborated upon his concerns as written. Mr. Gygax would like more attention to details for
future consideration. Mr. Gygax would like some WVWC related items addressed as well.
Discussion was had regarding the suggestions by Mr. Gygax. It was explained about what the city
may or may not be permitted to do on private properties. The WVWC being a private property and
institution must address concerns on their properties. The Mayor will take Mr. Gygax’s concerns
relative to them, to the WVWC President.



The Mayor then called forward Probationary Buckhannon Firefighter Mr. Patrick Traxler to
be “pinned” by his parents. Mr. and Mrs. Traxler were recognized and Fire Chief Townsend
asked to join for pictures.
The Mayor then called upon Firefighters Baxa, Traxler, and Goff for their “pinning” for the
EMT classification by BVFD and BFD personnel. All paid BFD firefighters are now certified
for EMT services.
The Mayor then recognized Scott Preston. Mr. Preston had submitted a written response
(dated 7-17-16) to Mayors suggested changes in city government to improve municipal
operations. Mr. Preston read his correspondence.

Robyn Simons was recognized to speak about the proposed Mayors municipal operations.
She stated her opposition to the Public Safety Director position and the elimination of City
Administrator position.
Department and Board Reports:
Chief Matthew Gregory, BPD
 Chief Gregory reported on Officer Stewarts completion of PRO training for his
position at Academy Elementary School. Officer Stewart will begin at Academy
School on August 10, 2016, and be attending all trainings at the school. School starts
August 15, 2016.
 The Chief then reported on Officer Barcus and his continuing academy class to be
completed. Officer Barcus is due back 7-25-16 upon graduation.
 The Chief discussed the National Night Out plans and events scheduled for August 2,
2016 at the B-UHS pool. Time is from 6pm-10pm and all are invited to attend and
learn more about our emergency responders and community opportunities for
families.
 The Chief reports that patrols and monitoring of Park Street and other suggested
locations have been ongoing. He also reports that the radar speed sign is operating
and functional. It will be placed at various areas around the city as needed or
requested.
Mr. Rylands suggests that the sign be placed on Upper drive for concerns made at
the CPWB.
Mrs. Albaugh shared concerns of the speeding around Shawnee Drive.
Mrs. Cuppari has concerns for the new Pokémon Go game participants and
pedestrian safety.
Tom Landis, Water Dept. Plant Superintendent
 Mr. Landis reports 2 major leaks. He also expressed his thanks to the Fire
Department for alerting them of the Main Line Exhaust fire. Due to the WTP upgrade
projects, such information is important to redirect flows and supply for larger
demand events.
 Hydrant nozzles by a manufacturer have been completed. There was a flaw in some
of the hydrant equipment according to manuf. Parts have been ordered to replace
the defective “ears”.



Radio meter readers are still being installed. All residents outside the city are now
completed. Anticipates the remained of the citizens to be addressed next. Starting
from the periphery to the inside.
He discussed the SCADA system. A punch list is being completed to end that process.
Expected date of completion late October.
Mr. Landis reports that the concrete concerns at the water plant basins are being
explored and considered.
Mayor recognized the crews for one of the major breaks on Boggess Street. Crews responded fast
and efficiently with minimal loss of service for anyone.
Erasmo Rizo, Sanitary Plant Superintendent
 Mr. Rizo reported on the Spring Street Project and its completion.
 Mr. Rizo discussed the installation of flow meters at the Tennerton PSD lines. This is
for monitoring of system flows.
 He reported on the extension requests to date. The old Weston rd. and Southern
states extensions in particular.
 He discussed the clarifier painting project.
 He reported the need for vehicle replacement in the fleet.
 Reported on success DEP inspections.
Amberle Jenkins, Acting City Administrator
 Mrs. Jenkins reported on the revenue and expenditure reports ending June 30, 2016.
YTD revenues have the City in fine financial condition
 She explained the Bank Balance sheet in packets as an FYI memo.
 She discussed the special meeting on 7-7-16 to discuss the balances for future
Council allocation consideration.
Scott McClure, City Attorney
 Mr. McClure reported on the Draft Ordinance for Parking.
 Mr. McClure reported on status of the P/T officer Home Rule Ordinance 2016-005
2nd reading.
 Mr. McClure submitted Draft Ordinace 2016-007 for Property Transfer to UCDA for
council consideration.
 Mr. McClure also reported on a correspondence for the Water Department regarding
an issue with invoice in arrears.
DRAFT ORDINANCE NO. 2016-xxx OF THE CITY OF BUCKHANNON, AN ORDINANCE AMENDING,
MODIFYING AND RE-ENACTING ARTICLE 361 OF THE CODIFIED ORDINANCES OF THE CITY OF
BUCKHANNON, UPSHUR COUNTY, WEST VIRGINIA REGARDING PARKING DRAFT
WHEREAS, the City of Buckhannon, the Consolidated Public Works Board and the City of Buckhannon
Planning Commission have conducted an analysis of the parking for the Downtown District;
WHERAS, in conjunction with this analysis, the City commissioned VANNOSTRAND ARCHITECTS PLLC to
provide the Planning Commission with a Parking Study so that this Council and the Planning Commission can fully
comprehend the parking system that exists in the Downtown District and its impact on economic development;
WHEREAS, the study was conducted with the goals of maximizing usability of the available parking stalls
and minimizing the amount of parking fines issued in the Downtown District;
WHEREAS, this study was received and given thoughtful consideration by the City of Buckhannon Planning
Commission during its numerous meetings discussing the issue; and
WHEREAS, after much deliberation on the subject of parking in the Downtown District, the Council for the
City of Buckhannon is desirous of implementing many of these proposed changes by inclusion into Article 361 of the
Codified Ordinances
NOW, THEREFORE, BE IT ORDAINED, PROMULGATED AND ENACTED BY
THE COUNCIL OF THE CITY OF BUCKHANNON, AS FOLLOWS:
………………………………………………………………………………………………………………
CHAPTER SEVEN – Parking
Art. 361. Parking Generally
ARTICLE 361
361.01 Prohibition against
parking on streets or
highways.
361.02 Police may remove
illegally stopped
vehicles.
361.03 Prohibited stopping,
standing or parking
places.
361.04 Vehicles parked
361.13
on private property.
361.05 Manner of angle and
parallel parking.
361.06 Accessible parking.
Parking Generally
361.07 Abandoned/junk motor vehicles.
361.08 Parking for certain
purposes prohibited.
361.09 Truck loading zones.
361.10 Bus stops and taxicabs stands.
361.11 Parking in alleys and
narrow streets; exceptions
361.12 Registered owner prima-facie
liable for unlawful parking.
Monthly permit fees for parking
vehicles in various off-street
parking facilities.
361.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Authority to regulate the standing or parking of
vehicles – see W. Va. Code 17C-2-8(a)(1)
Authority to regulate parallel and angle parking –
See W. Va. Code 17C-13-4
Impounding of abandoned vehicles - see TRAF. 303.07
Duty to stop engine, set brake on grade and remove
key – see TRAF. 349.01
361.01 PROHIBITION AGAINST PARKING ON STREETS OR HIGHWAYS.
(a)
Upon any street or highway outside of a business or residence district no person shall stop, park or
leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the street or
highway when it is practicable to stop, park or so leave such vehicle off such part of the street or highway, but in
every event an unobstructed width of the street or highway opposite a standing vehicle shall be left for the free
passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in
each direction upon such highway or street.
(b)
This section shall not apply to the driver of any vehicle which is disabled while on the paved or
main-traveled portion of a street or highway in such a manner and to such extent that it is impossible to avoid
stopping and temporarily leaving such disabled vehicle in such position. (WVaC 17-C-13-1)
361.02 POLICE MAY REMOVE ILLEGALLY STOPPED VEHICLES.
(a)
Whenever any police officer finds a vehicle standing upon a street or highway in violation of Section
361.01, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the
vehicle to move the same, to a position off the paved or main-traveled part of such street or highway.
(b)
Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any
tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the
removal of such vehicle to the nearest garage or other place of safety.
(WVaC 17C-13-2)
361.03 PROHIBITED STOPPING, STANDING OR PARKING PLACES.
(a)
No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other
traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following
places:
(1)
On a sidewalk;
(2)
In front of a public or private driveway;
(3)
Within an intersection;
(4)
Within fifteen feet of a fire hydrant;
(5)
In a properly designated fire lane;
(6)
On a crosswalk;
(7)
Within twenty feet of a crosswalk at an intersection;
(8)
Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control
signal located at the side of a roadway;
(9)
Between a safety zone and the adjacent curb or within thirty feet of points on the curb
immediately opposite the ends of a safety zone, unless a different length is indicated by
signs or markings;
(10)
Within fifty feet of the nearest rail or a railroad crossing;
(11)
Within twenty feet of the driveway entrance to any fire station and on the side of a street
opposite of a street to any fire station within seventy-five feet of such entrance (when
properly signposted);
(12)
Alongside or opposite any street excavation or obstruction when stopping, standing or
parking would obstruct traffic;
(13)
On the roadway side of a vehicle stopped or parked at the edge or curb of a street;
(14)
Upon any bridge or other elevated structure upon a street or highway or within a street or
highway tunnel;
(15)
At any place where signs prohibit stopping, standing or parking or where the curbing or
street is painted yellow or red, or at any place in excess of the maximum time limited by
signs;
(16)
Within twenty feet of any mail receptacle served regularly by a carrier using a motor
vehicle for daily deliveries if such parking interferes with or causes delay in the carrier’s
schedule;
(17)
Upon any controlled-access highway;
(18)
At any place on any street or highway where the safety and convenience of the traveling
public is thereby endangered;
(19)
Over or across any lines or marks established by the Municipality to indicate parking
spaces;
(20)
In front of a wheelchair accessible ramp or curb cut which is part of a sidewalk designed
for use by the general public when the ramp or curb cut is properly marked with blue paint.
(b)
No person shall move a vehicle not lawfully under his control into any such prohibited area or away
from a curb such distance as is unlawful.
(WVaC 17C-13-3)
361.04 VEHICLES PARKED ON PRIVATE PROPERTY.
No driver of a vehicle shall stop, park or leave standing unattended any vehicle on a private road or
driveway or on a private property without having express or implied permission from the owner, tenant or lessee of
such land. The owner, tenant or lessee of such private road or driveway or private property may move, or have
moved, any vehicle stopped, parked or left standing unattended on his or her private road, driveway or private road,
driveway or private property as above prohibited without any liability for the cost of moving any vehicle, nor shall he or
she be liable to the owner of the vehicle for any damage done to such vehicle in moving it, unless the owner, tenant
or lessee of such private road or driveway or private property was negligent in removing or authorizing the removal of
the vehicle. The owner of such vehicle shall be responsible to the persons removing such vehicle for paying all
removal costs. Any person who removes any vehicle under the provisions of this section shall notify the State Police
of C-such action, and, in addition notify the Police Department. (WVaC 17C-14-13)
361.05 MANNER OF ANGLE AND PARALLEL PARKING.
(a)
Every vehicle stopped or parked upon a roadway where there is an adjacent curb shall be stopped
or parked with the curb-side wheels of such vehicle parallel with and not more than eighteen inches from the curb,
unless it is impossible to approach so close to the curb; in such case the stop shall be as close to the curb as
possible and only for the time necessary to discharge and receive passengers or to load or unload merchandise.
(b)
The subsection does not apply to streets or parts thereof where angle parking is lawfully permitted.
However, no angle parking shall be permitted on a State or Federal-aid route unless approved by the State
Commissioner of Highways.
(c)
Upon streets where angle parking is permitted, no person shall stop, stand or park a vehicle other
than at the angle to the curb or edge of the roadway as is indicated by appropriate signs or marks.
(d)
No vehicle shall be stopped or parked on a road or street with the vehicle facing in the direction
other than the direction of travel on that side of the road or street.
361.06 ACCESSIBLE PARKING.
(a)
As used in this section, the following terms have the meanings ascribed to them in this subsection:
(1)
A person or applicant with a “mobility impairment” means a person who is a citizen of
West Virginia and as determined by a physician, allopath or osteopath chiropractor, advanced nurse practitioner or
physician’s assistant licensed to practice in West Virginia:
A.
Cannot walk two hundred feet without stopping to rest;
B.
Cannot walk without the use of or assistance from a brace, cane, crutch,
prosthetic device, wheelchair, other assistive device or another person;
C.
Is restricted by lung disease to such an extent that the person’s force
(respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial
oxygen tension is less than sixty mm/hg on room air at rest;
D.
Uses portable oxygen;
E.
Has a cardiac condition to such an extent that the person’s functional limitations
are classified in severity as Class III or Class IV according to standards established by the American heart
association; or
F.
Is severity limited in his or her ability to walk because of an arthritic, neurological,
or other orthopedic physical condition.
(2)
“Special registration plate” means a registration plate that displays the international
symbol of access, as adopted by the Rehabilitation International Organization in nineteen hundred sixty-nine at its
Eleventh World Congress on Rehabilitation of the Disabled, in a color that contracts with the background, in letters
and numbers the same size as those on the plate, and which may be used in lieu of regular registration plate;
(3)
“Removable windshield placard” (permanent or temporary) means as two-sided hanger
style placard measuring three inches by nine and one half inches, with all of the following on each side:
A.
The international symbol of access, measuring at least three inches in height,
centered on the placard, in white on a blue background for permanent designations and in white on a red background
for temporary designations;
B.
An identification number measuring one inch in height;
C.
An expiration date in numbers measuring one inch in height; and
D.
The seal or other identifying symbol of the issuing authority.
(4)
“Public entity” means state or local government or any other department, agency, special
purpose district or other instrumentality of a state or local government.
(5) “Public facility” means all or any part of any buildings, structures, sites, complexes, roads,
parking lots or other real or personal property, including the site where the facility is located.
(6)
“Place(s) of public accommodation” means a facility or facilities operated by a private
entity whose operations affect commerce and fall within at least one of the following categories:
A.
Inns, hotels, motels and other places of lodging;
B.
Restaurants, bars or other establishments serving food or drink;
C.
Motion pictures houses, theaters, concert halls, stadiums or other places of
exhibition or entertainment;
D.
Auditoriums, convention centers, lecture halls or other places of public
gatherings;
E.
Bakeries, grocery stores, clothing stores, hardware stores, shopping centers or
other sales or rental establishments;
F.
Laundromats, dry cleaners, banks, barber and beauty shops, travel agencies,
shoe repair shops, funeral parlors, gas or service stations, offices of accountants and attorneys, pharmacies,
insurance offices, offices of professional health care providers, hospitals or other services establishments;
G.
Terminals, depots or other stations used for public transportation;
H.
Museums, libraries, galleries or other places of public display of collection;
I.
Parks, zoos, amusement parks or other places of recreation;
J.
Public or private nursery, elementary, secondary, undergraduate or postgraduate schools or other places of learning and day care centers, senior citizen centers, homeless shelters, food
banks, adoption agencies or other social service establishments; and
K.
Gymnasiums, health spas, bowling alleys, golf courses or other places of
exercise or recreation.
(7)
“Commercial facility” means a facility whose operations affect commerce and which are
intended for nonresidential use by a private entity.
(8)
“Accessible parking” formally known as “handicap parking” is the present phase consistent
with language within American with Disabilities Act (ADA).
(9)
“Parking enforcement personnel” includes any law enforcement officer as defined by West
Virginia Code 30-29-1, and private security guards, parking personnel and other personnel authorized by a city,
county or the state issue parking citations.
(b)
An accessible parking space should comply with the provisions of the Americans with Disabilities
Act accessibility guidelines, contained in the 28 C.F.R. 36, Appendix A, Section 4.6. In particular, the parking space
should be a minimum of eight feet wide with an adjacent eight-foot access aisle for vans having side mounted
hydraulic lifts or ramps of a five-foot access aisle for standard vehicles. Access aisles should be marked using
diagonal two-to four-inch-wide-stripes spaced every twelve or twenty-four inches apart along with the words “no
parking” in painted letters which are at least twelve inches in height. All accessible parking spaces should have a
signpost in front or adjacent to the accessible parking space displaying the international symbol of access sign
mounted at a minimum of eight feet above the pavement of sidewalk and the top of the sign. Lines or markings on
the pavement or curbs for parking spaces and access aisles may be in any color, although blue is the generally
accepted color for accessible parking.
(c)
A vehicle from any other state, United States territory or foreign country displaying an officially
issued special registration plate, placard or decal bearing the international symbol of access shall be recognized and
accepted as meeting the requirements of this section, regardless of where the plate, placard or decal is mounted or
displayed on the vehicle.
(d)
Stopping, standing or parking places marked with the international symbol of access shall be
designated in close proximity to all public entities including state, county and municipal buildings and facilities, places
of public accommodation and commercial facilities. These parking places shall be reserved solely for persons with a
mobility impairment at all times.
(e)
Any person whose vehicle properly displays a valid, unexpired special registration plate or
removable windshield placard may park the vehicle for unlimited periods of time in parking zones unrestricted as to
length of parking time permitted; Provided, that this privilege does not mean that the vehicle may park in any zone
where stopping, standing or parking is prohibited or which created parking zones for special types of vehicles or
which prohibits parking during heavy traffic periods during specified rush hours or where parking would clearly
present a traffic hazard. To the extent any provision of any ordinance of any political subdivision of this State is
contrary to the provisions of this section, the provisions of this section take precedence and apply.
The parking privileges provide for in this subsection apply only during those times when the vehicle is being
used for the loading or unloading of a person with a mobility impairment. Any person who knowingly exercises, or
attempts to exercise these privileges at a time when the vehicle is not being used for the loading or unloading of a
person with mobility impairment, upon first conviction thereof, in addition to any other penalty he or she may
otherwise incur, shall be fined two hundred dollars ($200.00); upon second conviction thereof, in addition to any other
penalty, he or she may otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and
subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five
hundred dollars ($500.00).
(f)
Any person whose vehicle does not display a valid, special registration plate or removable
windshield placard may not stop, stand or park a motor vehicle in an area designated, zoned or marked for
accessible parking with signs or instructions displaying the international symbol of access, either by itself or with
explanatory text. The signs may be mounted on a post or a wall in front of the accessible parking space and
instructions may appear on the ground or pavement, but use of both methods is preferred. Accessible parking
spaces for vans having an eight-foot adjacent access aisle should be designated as “van accessible” but may be
used by any vehicle displaying a valid special registration plate or removable windshield placard.
Any person who violates the provisions of this subsection shall be fined two hundred dollars ($200.00); upon
second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three
hundred dollars ($300.00); and upon third and subsequent convictions thereof, in addition to any other penalty he or
she may otherwise incur, shall be fined five hundred dollars ($500.00).
(g)
All signs that designate areas as “accessible parking” or that displays the international symbol of
access shall also include the words “Up to $500.00 fine”.
(h)
No person may stop, stand or park a motor vehicle in an area designated or marked off as an
accessible aisle to a van-accessible parking space or regular accessible parking space. Any person, including driver
of a vehicle displaying a valid removable windshield placard or special registration plate, who violates the provisions
of this subsection shall be fined two hundred dollars ($200.00); upon second conviction thereof, in additional to any
other penalty he or she may otherwise incur, shall be fined three hundred dollars ($300.00); and upon third and
subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five
hundred dollars ($500.00).
(i)
Parking enforcement personnel who otherwise enforce parking violations may issue citations for
violations of this section and shall reference the number on the vehicle’s license plate, since the driver normally will
not be present.
(j)
Law-enforcement agencies may establish a program to use trained volunteers to collection
information necessary to issue citations to persons who illegally park in designated accessible parking spaces. Any
law-enforcement agency choosing to establish a program shall provide for workers’ compensation and liability
coverage. The volunteers shall photograph the illegally parked vehicle and complete a form, to be developed by
supervising law-enforcement agencies, that includes the vehicle’s license plate number, date, time and location of the
illegally parked vehicle. The photographs must show the vehicle in the accessible space and a readable view of the
license plate. Within the discretion of the supervising law-enforcement agency, the volunteers may issue citations or
the volunteers may submit the photographs of the illegally parked vehicles and the form to the supervising lawenforcement agency, who may issue a citation, which includes the photographs and the form, to the owner of the
illegally parked vehicle. Volunteers shall be trained on the requirements for citations for vehicles parked in marked,
zoned or designated accessible parking areas by the supervising law-enforcement agency.
(k)
The Municipality in enforcing this section shall retain all fines and associated late fees. These
revenues shall be used first to fund the provisions of subsection (j) of this section, if adopted by the Municipality or
otherwise shall go into the Municipality’s General Revenue Fund. (WVaC 17C-13-6)
361.07 ABONDONED/JUNK MOTOR VEHICLES
(a)
Findings of Counsel. Counsel hereby makes the following findings:
(1)
The statutory provisions of Chapter 8, Article 12, Section 5, Paragraph (10) of the West
Virginia Code specifically authorize municipalities by ordinance or resolution, as the case may require, and by
appropriate action based thereon, to prohibit the accumulation and require the disposal of garbage, refuse, debris,
wastes, ashes, trash and other similar accumulations whether on private or public property;
(2)
Virginia Code specially authorize municipalities by ordinance or resolution, as the case may require, and by
appropriate action based thereon, to prevent injury of annoyance to the public individuals from anything dangerous,
offensive or unwholesome;
(3)
appropriate action based thereon, to provide for the elimination of hazards to public health and safety and to abate or
cause to be abated anything which in the opinion of a majority of the governing body is a public nuisance;
(4)
appropriate action based thereon, to protect and promote the public morals, safety, health, welfare and good order;
(5)
appropriate action based thereon, to provide penalties for offenses and violation of law mentioned in Chapter 8,
Article 12, Section 5 of the West Virginia Code, as amended;
(6)
The statutory provisions of Chapter 17, Article 24A, Section 1, et seq. of the West Virginia
Code specifically address abandoned and junked motor vehicles, including the opportunity of municipal enforcement
agencies such as the city of Buckhannon’s Police Department to take certain actions to take custody and possession
of such vehicles;
(7)
Council deems the parking or storage of any motor vehicle that has been abandoned, or
which otherwise is in a wrecked, junked, partially dismantled, inoperative or abandoned condition upon any public
property situated within the corporate limits of the city of Buckhannon for any period of time, and upon any private
property situated within the corporate limits of the City of Buckhannon for a period exceeding thirty (30) days, to
constitute violations of all of the foregoing Paragraphs (10), (13), (23) and (44) of Chapter 8, Article 12, Section 5 of
the West Virginia Code , as amended, unless such vehicle is stored completely within an enclosed building located
upon private property only, or further unless such vehicle is so stored or parked on a private property only in
connection with a duly licensed business or commercial enterprise operated and conducted pursuant to law when
such parking or storage of vehicles is necessary to the operation of the business or commercial enterprise;
(8)
Council further finds that he keeping of abandoned or junked motor vehicles reflects
negatively upon the appearance and image of our community, impairing property values and damaging neighborhood
harmony; and,
(9)
Council further deems it to be reasonable and appropriate to establish specific warning
notice provisions for those violating the provisions of this section by storing abandoned or junked motor vehicles upon
private property, prior to the issuance of any citation that could result in the imposition of penalties that include
possible fines and imposition of fees, costs and expenses incurred by the City against persons convicted of violating
the provisions of this section.
(b)
Definitions.
(1)
“Abandoned motor vehicle” means any motor vehicle, or substantial part thereof, that is
functionally or legally inoperative and that has been left unattended, discarded or deserted, on either public or private
property, other than such vehicle that is kept or maintained within a fully enclosed building or within a licensed
salvage yard, vehicle auction establishment, or licensed and appropriately zoned vehicle repair establishment; to
avoid any possible misunderstanding, a functionally inoperative vehicle is one that cannot be driven from its stored
location; and a legally inoperative motor vehicle specifically includes any vehicle that is not currently licensed,
inspected, or registered, and in either case, is not kept or maintained within a fully enclosed building, licensed
salvage yard, vehicle auction establishment, or licensed and appropriately zoned vehicle repair establishment or the
actual possession of the demolisher or repair enterprise.
(2)
“Citation” means any written order issued by any City police officer, required the cited
person to appear before the City Municipal court at a later date.
(3)
“Enclosed building” means a structure surrounded by connected and intersecting walls or
one continuous wall, and having a roof enclosing the entire structure and includes a permanent appendage thereto.
(4)
“Junked motor vehicle” means any motor vehicle, or part thereof, other than an onpremises farm utility vehicle, that is discarded, wrecked, ruined, scrapped or dismantled, and cannot pass the State
inspection required by Chapter 17C, Article 16, Section 1, et seq. of the West Virginia Code, as amended.
(5)
“Motor vehicle” means any motor vehicle that is or was self-propelled, including but not
limited to any automobile, truck, bus, motorcycle, or all-terrain vehicle (ATV).
(6)
“Municipal court” means the Municipal Court of the City of Buckhannon, West Virginia, or
the judge thereof.
(7)
“Person” means any natural person, corporation, firm, partnership, association or society
and the plural as well as the singular.
(8)
“Private property” means any public street, ally, sidewalk or other real property owned or
occupied by any person whomsoever.
(9)
“Public property” means any public street, sidewalk or other real property not privately
owned.
(10)
“Warning notice” means the thirty (30) day notice described and set forth pursuant to the
statutory provisions of Chapter 17, Article 24A, Section 3 of the West Virginia State Code that requires the
enforcement agency to give both the private property owner and the owner of the subject abandoned or junked motor
vehicle, if ascertainable, a thirty-day, written notice by registered or certified mail that the action will be taken unless
the motor vehicle is restored to a functional use and legally operative condition, or further pursuant to this section, the
subject motor vehicle is otherwise brought into compliance by proper removal or being moved within an enclosed
building.
(11)
“Zoning and Housing Enforcement Officer” means the duly appointed zoning and housing
enforcement officer of the City of Buckhannon.
(c)
Warning Notice to Remove Motor Vehicle.
(1)
Prior to any removal of any abandoned or junked motor vehicle from private property only,
by the enforcement agency as permitted pursuant to Chapter 17, Article 24A, Section 1, et seq., of the West Virginia
Code, as amended, and further prior to the issuance of any citation authorized to be issued pursuant to the provisions
of this section, there shall first be given to the private property owner or other possessor of the private property who is
not the owner, e.g., lessee, and the owner of the motor vehicle, if ascertainable, a thirty-day written warning notice
either sent by registered mail, or served personally by any member of the City of Buckhannon Police Department,
said notice providing that the removal action will be taken, and a citation issued unless the motor vehicle is otherwise
brought into compliance by proper removal or being moved within an enclosed building or otherwise being brought
into compliance. All thirty-day warning notices shall be prepared by the City’s Zoning and Housing Enforcement
Officer, and the form warning notice shall be filed with and approved by the City Council. The thirty-day warning
notice period shall be deemed to commence with either the receipt date or service date of the warning notice.
(2)
The foregoing provisions of subsection (c)(1) hereof shall not be deemed to apply to any
abandoned or junked motor vehicle located upon public property. To avoid any possible misunderstanding, the
enforcement agency, i.e., the Buckhannon Police Department, may immediately take custody and possession of any
abandoned or junked motor vehicle that is kept or maintained upon public property.
(3)
The officers of the City’s enforcement agency, i.e., the Buckhannon Police Department, are
specifically authorized hereby to undertake all measures permitted to be taken by an enforcement agency pursuant to
the statutory provisions of Chapter 17, Article 24A, Section 1, et seq., of the West Virginia Code, as amended, as
though those measures were set forth fully herein, without limitation, and additionally, said officers are empowered to
issue citations for violations of this section pursuant to subsection (d) hereof.
(d)
Criminal Actions.
(1)
It shall be unlawful for any person to park, store, keep or maintain any abandoned or
junked motor vehicle upon any public or private property situation within the corporate limits of Buckhannon.
(2)
It shall be unlawful for any person owning or otherwise possessing private property, to
permit any parking, storing, keeping or maintaining of abandoned or junked motor vehicle upon any of their private
property situation within the corporate limits of Buckhannon.
(3)
For purposes of administering this section, a separate citation may be issued for each
abandoned or junked motor vehicle.
(4)
Further for purposes of administrating this section, each ensuing seven-day period
following the date of issuance of any citation hereunder shall be deemed to constitute a new and separate offense
under this section for which additional citations may thereafter be issued.
(e)
Jurisdiction of Municipal Court Penalties for Violations.
(1)
The City of Buckhannon’s Municipal Court shall have exclusive jurisdiction to hear and
decide all matters pertaining to violations of this section.
(2)
Any person convicted of any first offense under this section shall be fined not less than
one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) in this discretion of the Judge of the
Municipal Court, plus any applicable fees, costs and expenses incurred by the Police Department or City of
Buckhannon in the removal, storage or disposal of any vehicle pursuant to this section.
(3)
Any person convicted of any second of subsequent offense under this section shall be
fined not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00) in the discretion of the
Judge of the Municipal Court, plus an applicable fees, costs and expenses incurred by the Police Department or City
of Buckhannon in the removal, storage or (Ord. 357. Passed 5-17-11.)
361.08 PARKING FOR CERTAIN PURPOSES PROHIBITED.
No person shall park any vehicle upon any street within the Municipality for the principal purpose of:
(a)
Displaying such vehicle for sale.
(b)
Displaying advertising.
(c)
Washing, greasing or repairing such vehicle, except repairs made necessary by an emergency.
(d)
Relieving the crowded condition of any parking lot, used car lot, automobile sale lot, repair garage,
automobile sales agency or used car sales agency.
361.09 Parking Prohibited During Certain Hours in the Downtown District.
No person shall park any vehicle upon any street within the Downtown District (define somewhere) between
the hours of 3:00 a.m. and 6:00 a.m.
361.10 TRUCK LOADING ZONES.
No person shall stop, stand or park a vehicles for the purposes or length of time other than for the
expeditious unloading and delivering or pickup and loading of materials in any place marked as a truck loading zone
during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and
unloading of materials exceed thirty minutes.
361.11 BUS STOPS AND TAXICAB STANDS.
(a)
No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab
in a taxicab stand when any such stop or stand has been officially designated and appropriately posted, except that
he driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in
loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or
about to enter such zone, and then only for a period not to exceed three minutes, if such stopping is not prohibited
therein by posted signs.
(b)
The operator of a bus shall not stop, stand or park such vehicle upon any street at any place for the
purpose of loading or unloading passengers or their baggage other than at a bus stop so designated and posted as
such, except in case of an emergency.
(c)
The operator of a bus shall enter a bus stop on a public street in such a manner that the bus when
stopped to load or unload passengers or baggage shall be in s position with the right front wheel of such vehicle not
further than eighteen inches from the curb and the bus approximately parallel to the curb so as not to unduly impede
the movement of other vehicular traffic.
(d)
The operator of a taxicab shall not stand or park such vehicle upon any street at any other place
other than in a taxicab stand so designated and posted as such. The provision shall not prevent the operator of a
taxicab from temporarily stopping in accordance with other stopping or parking provisions at any place for the
purpose of an while actually engaged in the expeditious loading or unloading of passengers.
361.12 PARKING IN ALLEYS AND NARROW STREET;
EXCEPTIONS.
No person shall stop, stand or park any vehicle upon a street, other than an alley, in such a manner or under
such conditions as to leave available less than ten feet of the width of the roadway for free movement of vehicular
traffic, except that a driver may stop temporarily during the actual loading or unloading of passengers or when
directed to by a police or traffic control signal.
Except as otherwise provided by law, no person shall stop, stand or park a vehicle within an alley except
while actually loading and unloading, and then only for a period not to exceed thirty minutes.
361.13 REGISTERED OWNER PRIMA-FACIE LIABLE FOR
UNLAWFUL PARKING.
In any hearing on a charge of illegally parking a motor vehicle, testimony that a vehicle bearing a certain
license plate was found unlawfully parked as prohibited by the provisions of this Traffic Code, and further testimony
that the records of the Department of Motor Vehicles shows that the license plate was issued to the defendant, shall
be prima-facie evidence that the vehicle which was unlawfully parked was so parked by the defendant. A certified
copy of registration from the Department of Motor Vehicles shall be proof of such ownership.
361.14 MONTHLY PERMIT FEES FOR PARKING VEHICLES IN
VARIOUS OFF-STREET PARKING FACILITIES.
(a) Unless specified otherwise, no charge or permit shall be required for parking any vehicle in city-owned
and operated off-street parking facilities during the hours of 8:00 a.m. to 5:00 p.m. Permits shall be required in
accordance with the schedule below for parking of any vehicle in these facilities during the hours of 5:00 p.m. to 8:00
a.m.
(b) Notwithstanding any provision of this Article to the contrary, no person shall park any vehicle in “Lot 2” for
any period of time in excess of two hours.
(b) No person shall park any vehicle in city-owned and operated off-street parking facilities between the
hours of 3:00 a.m. and 6:00 a.m. without a properly displayed permit issued by the City of Buckhannon.
(a)
Monthly Parking Permit Fee Schedule. The following fee shall be imposed for monthly parking
permits, upon this section’s effectuation:
(1)
Lot 1. Located to the south of the Upshur County Courthouse and between South Locust
and South Kanawha Streets: Thirty Dollars ($30.00);
(2)
Lot 2. Located opposite the Buckhannon Post Office beside Jawbone Park and the new
Farmers’ Market, located to the north of Madison Street, to the east of South Spring Street, and to the west of South
Florida Street: Twenty Dollars ($20.00);
(3)
Lot 3. Located to the immediate east of North Spring Street and sometimes referred to
formerly as the Reppert lot: Twenty Dollars ($20.00);
(4)
Lot 4. Located to the south of East Main Street and to the immediate west of the lot
formerly referred to as the CVB lot and sometimes referred to the formerly as either the Walkers or Martino & Wilson
lot: Thirty Dollars ($30.00);
(5)
Lot 5. Located to the south of Main Street, to the immediate east of Lot 4, west of South
Spring Street, and immediately above the Buckhannon Post Office and sometimes referred to formerly as either CVB
or D&L Tire lot: Thirty Dollars ($30.00);
(6)
Lot 6. Located as part of the former Farmers’ Market, to the south of Madison Street and
adjacent to the Latham House: Twenty Dollars ($20.00).
(b)
Days and Times that Permits shall Entitle Subscribers to Exclusive Parking Privileges. Subscribers
purchasing monthly permits shall be entitled to the exclusive right to park their vehicles within their designated spots
at all times without hour limitation, provided their vehicles bear the proper permit tags, except during certain City
Council declared special events, e.g., the West Virginia Strawberry Festival, etc.
(Ord. 359. Passed 11-3-11.)
361.99 PENALTY
(a) Violation of 361.03(a)(15) and 361.13(b). Whoever violates the provisions of 361.03(a)(15) and
361.13(b) of this Article shall receive a warning citation; whoever is guilty of a subsequent offense within twenty-four
(24) months of the initial violation shall receive a warning letter; and, whoever is guilty of a third offense shall be fined
twenty-five dollars ($25.00) for that offense and any subsequent offenses within a twenty-four (24) month period of
the initial offense.
(b)
General Article Penalty. Whoever violates any provision of this article for which no other penalty is
provided shall be fined not more than one hundred dollars ($100.00); upon a second conviction within one year
thereafter shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction,
shall be fined not more than five hundred dollars ($500.00).
(c)
Abandoned of Junk Vehicles. Whoever violates Section 361.07 shall be fined not more than five
hundred dollars ($500.00) or imprisoned not more than thirty days, or both.
361.15. SEVERABILITY: In the event that any provision(s) of this Ordinance is determined to be
unconstitutional or invalid by a court exercising competent jurisdiction, such determination shall not affect the validity
of this Ordinance as a whole or the provisions thereof which are not specifically held to be unconstitutional or invalid
other than that provision(s) which is specifically determined to be unconstitutional or invalid.
361.16. EFFECTIVE DATE: Pursuant to the Charter for the City of Buckhannon, this Ordinance shall be
deemed effective immediately following thirty (30) days from the second (2nd) reading, passage and adoption by the
Council of the City of Buckhannon, i.e., the ____ day of _____________, 2016.
………………………………………………………………………………………………………
FIRST READING
SECOND READING, PASSAGE AND ADOPTION:
David McCauley, Mayor
CERTIFICATE OF ENACTMENT
I, Richard W. Edwards, City Recorder, do hereby certify that the foregoing Ordinance No. 2016-008 was
lawfully ordained and enacted by the Council of the City of Buckhannon at a regular session of the said Council
assembled on ____ day of _______________, 2016.
Richard W. Edwards, City Recorder DRAFT DRAFT DRAFT
DRAFT ORDINANCE NO. 2016-xx, AN ORDINANCE OF COUNCIL AUTHORIZING THE MAYOR TO
TRANSFER .3377 ACRES, MORE OR LESS, TO THE UPSHUR COUNTY DEVELOPMENT AUTHORITY FOR
ECONOMIC DEVELOPMENT. DRAFT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BUCKHANNON, UPSHUR COUNTY, WEST
VIRGINIA, that the Council does hereby AUTHORIZE the Mayor to transfer .3377 acres, more or less, located in
Buckhannon, Uphsur County, West Virginia which it acquired from John L. Moss and Debra A. Moss and is of record in Deed
Book 459 at Page 631, to the Upshur County Development Authority (UCDA). This transfer will allow UCDA to utilize its
knowledge, expertise and abilities to encourage and create economic growth, stabilization of the tax base, job creation and
development at the subject property.
The City of Buckhannon, pursuant to West Virginia Code Chapter 7, Article 12, Section 11, is authorized to transfer
real property to the Upshur County Development Authority upon such terms and conditions as the parties may agree. Further, the
Upshur County Development Authority, pursuant to West Virginia Code Chapter 7, Article 12, Section 7, is authorized to accept
real property for the purposes of economic development within the corporate limits of the City of Buckhannon, Upshur County.
BE IT FURTHER ORDAINED, as follows;
1. The real property heretofore referenced will be transferred, by agreement of the parties and upon such terms as to be
agreed upon between the Upshur County Development Authority and the City of Buckhannon.
2. The property will be transferred in accordance with applicable law but such transfer will be contingent upon
approval of the grant applications currently pending before the Appalachian Regional Commission and the United States
Economic Development Administration and the loan application currently pending before the West Virginia Economic
Development Authority.
.
3. Further, it being the understanding of the City of Buckhannon and the Upshur County Development Authority, the
property shall be returned to the City of Buckhannon if grant is not awarded.
4. Lastly, such terms shall be contained in a written Agreement between the parties and further, the deed transferring
the property shall contain a “reversionary clause” evidencing this requirement.
BE IT FURTHER ORDAINED that all other sections of the Codified Ordinances of the City of Buckhannon, as
revised, shall remain in full force and effect until further Ordinance of this Council.
BE IT FURTHER ORDAINED that this Ordinance of the City of Buckhannon, as amended, shall become effective
thirty (30) days after passage.
APPROVED AS TO FORM BY: _________CITYATTORNEY/SEM_________________
FIRST READING:
August 4, 2016
_____________________________ SECOND READING, PASSAGE
& ADOPTION:______August 18, 2016 _________________ DATE: _________________________________
I, Richard W. Edwards, City Recorder, do hereby certify that the foregoing Ordinance No. 2016-007, was lawfully
ENACTED and ORDAINED by the Council of the City of Buckhannon during a regular session of said Council assembled on
the 18th day of August, 2016.
Richard W. Edwards, City Recorder DRAFT DRAFT DRAFT
Correspondence:
 Chicago the Band-Jimmy Pankow
 Bi-Centennial Anniversary Celebration notes 6-27-16 – Meeting #1
 88 Restaurant – Extension of licensed floor plan.
 What We Share Project –Artwork in local windows.
 Memo- Call for letters of Interest- Making Community a Senior Living Community.
 Letter – Request for Fire Committee meeting.
July 11, 2016
Mr. James C. “Jimmy” Pankow
c/o [email protected]
RE: Buc[k]hannon, West Virginia – your missing “K” invitation
Dear Mr. Pan[k]ow:
I am writing to you as the mayor of Buc[k]hannon, West Virginia. Our citizens naturally are very appreciative
of your amazing musical tribute, “A Ballet for a Girl in Buc[k]hannon,” written by you, and recorded by Chicago in
1969. I’ve seen you and your Chicago band mates in concert eight times during your decades of touring, and have
long been a zealous fan of your and Chicago’s work. Notwithstanding my admiration of you and Chicago’s creative
genius, as the grand poobah of our town of about 6,000, I have to register my protestation over the long missing “K”
in your “Buchannon!” I am reaching out to you in part to solicit your endorsement of our long missing “K,” while
engaging you to visit our Buc[k]hannon. I feel compelled to hold your Pan[k]ow “K” hostage until we may have ours
returned to us by you.
As Chicago prepares to commence its 50 year anniversary tour in 2017, I cordially invite you to one of the
great small cities in the U.S. We feature excellent, expanding arts. We recently unveiled our fourth massive mural in
our downtown, and every Friday from May through September, our residents gather in Jawbone Park to celebrate
Festival Fridays with terrific food and music. As you may know, Buc[k]hannon is home to one of the finest, smaller
liberal arts colleges in the nation with West Virginia Wesleyan College. Our ole place features all of the rustic charm
and natural beauty of the Allegheny Plateau. We tout a quaint, beautiful downtown that is but three blocks from our
campus. Our College’s theme song long has been “My Home Among the Hills,” and our family wants you to
perpetually be a part of our home.
Our City is preparing to recognize you, Chicago, and of course “A Ballet for a Girl in Buc[k]hannon,” by
dedicating a permanent sign along our downtown streetscape, all as part of our bicentennial celebration. This
installation will feature a motion activated interface that will play “Color My World.” Buc[k]hannon hopes to celebrate
our dedication during Jimmy Pan[k]ow Day on a date that might permit your attendance and participation. Our
invitation certainly extends to all of the members of Chicago. Buc[k]hannon’s connection to you is as undeniable as
the success of your “Ballet.” I sincerely hope that we may celebrate you here in person one day very soon. Please
contact me at City Hall at (304) 472-1651 or at my home at (304) 472-3028 to discuss that exciting possibility. We
love Jimmy Pan[k]ow in Buc[k]hannon!
.
Very truly yours,
David W. McCauley, Mayor
cc: Members of City Council + ART26201
Dr. Pamela Balch, President, WV Wesleyan College
City of Buckhannon
200th Birthday Meeting
27 June 2016
The next 200th birthday planning meeting is scheduled for 6pm on Monday, July 11; location to be determined (City Council
chambers or Public Safety complex).


Noel Tenney, Director of the Upshur County Historical Society, shared the history of the founding and early days in
Buckhannon.
Attendees brainstormed ideas that might be incorporated into the 200th birthday celebration:
Incorporate an historical focus/component –

Documentary of history of Buckhannon

Commemorative object(s) (coin, certificate, etc)

Tell the Story – through the years

Fake storefront for reenactment

Arcadia Press – Personalities of Your Place

Connect with Wesleyan’s and St. Joe’s history

Something like WV Public Radio’s This Week in WV History series
Marketing/PR component –

Consistent message/branding of the celebration

Identify audiences who we want to hear the message(s)

Historic foundation to carry forward

Logo, banners, tee shirts, etc.

Theme/slogan

Highlight/celebrate “rankings” We can do more than look back to the heyday; also focus on progress and future

Family connections through the years



Carry celebration into the future – create awareness of what Buckhannon has to offer now
Message: Buckhannon is the best place to live
Incorporate social media
Celebration/Party –

The primary audience for celebration is us

Pride in place

Big event?

Monthly or other ongoing events?

How to honor the City

One big celebration plus spin-off events

Time capsule burying

Bicentennial marker

Birthday cake

Proclamation
Focus on what Buckhannon produces –

Authors – writers’ homecoming?

Musicians

Artists

Film makers

“celebrities”

Athletes

Homecoming: two—week concentration of events – Buckhannon Reunion

Connection to Wesleyan, St. Joe’s, Strawberry Festival and other anniversary celebrations
July 12, 2016
To Whom It May Concern:
I am writing this on behalf of the Bicentennial Inn, 88 Restaurant and Lounge. The City of Buckhannon approves the
temporary extension of the licensed floor plan of the above-mentioned Lounge for the month of August 2016 from
12:00 pm to 11:00 pm. The events are being held in conjunction with:

The Summer Picnic Series & Live Music Showcase; dates of the event August 3,5,6;
August 10,12,13; August 17,19,20; August 24, 26, 27 & 31, 2016

The WVWC Opening Weekend Welcome; date of the event August 21, 2016
The City of Buckhannon finds no violation of any local ordinance for this one time event.
Should you have questions or need additional information, please contact my office at 304-472-1651.
Thank you,
Amberle Jenkins, Assistant City Recorder
City of Buckhannon
What We Share Project
Vinyl Artworks in Local Windows by Artist Ellen Mueller
BUCKHANNON, WV – Local artist, Ellen Mueller is announcing the community-focused art project, What We Share,
a series of six vinyl artworks in the street-facing windows of buildings throughout downtown Buckhannon. This free
public project will run from August 5 – 19, 2016, and is best visible during daylight hours.
Mueller’s work brings focus to things which we, as a community, can be proud to share. The works feature imagery of
various public goods and the natural beauty of West Virginia.
Mueller has exhibited nationally and internationally as an interdisciplinary artist. She received her MFA in Studio Art
from University of South Florida and is currently an Assistant Professor of Art at West Virginia Wesleyan College.
More information about the artist can be found at http://EllenMueller.com.
To help the public locate the artworks, Mueller will have paper copies of maps available at Festival Fridays on August
5, 12, and 19 to promote the work, all of which is within walking distance of Jawbone Park. Electronic copies of the
map are also available for printing at http://tinyurl.com/mueller-print-map or for online use at http://tinyurl.com/muellerweb-map
For more information about the project, please contact Ellen Mueller, at [email protected].
Photo credit: Ellen Mueller, Map for “What We Share” Project
PRESS RELEASE URL: http://tinyurl.com/hpldf7h
Senior Living Community Announcement:
The West Virginia Partnership for Elder Living, Inc. is announcing an ambitious new project Senior Living Communities. They are going to select three communities in West Virginia to
become models for how a town can be attractive and comfortable for elders. The communities
will receive technical assistance in developing plans for new senior housing and ways to make
the communities more age-friendly.
If you have any questions, contact Nancy Tyler at:
Nancy Tyler, J.D.M.S.W.
(304) 5524730
Consent Agenda:
 Approval of Minutes regular meeting 7/7/16, special 7-14-16;
*NOTE* Correction to minutes of 7-7-16 minutes.
Amend to Read:
Motion [Thomas/Cuparri] to approve the recommendations for City Council member
appointments to Boards. Mary Albaugh-Waste Collection Board; Pam Cuparri and CJ
Rylands- CPWB; Robbie Skinner and David Thomas – Water Board-. Motion Carried



Approval of the Building and Wiring permits.
Approval of the Payment of the Bills.
Accept Resignation of Parking Enforcement – Emily Neeley
73414
73415
Submitted By
and Location
Mary Miller
9 Park St
Brian Linger
163 Wood St
Contractor
Building Description
and Value
Total
Fees
Paid
Self
Bathroom Remodel
$999.00
$10.00
Self
Siding
$500.00
$10.00
Signage
$1,200.00
$15.00
Zoning
Asbestos
Flood Zone
Elev. Certificate
Description of Work to be Performed
Electrical
Code
Permit Number
COUNCIL MEETING
Building, Electrical, Demolition Permits
July 21, 2016
73416
Cherokee Auto Repair The Sign Guy
73417
Gary Harman
Electrical Upgrade
$500.00
Self
10’x14’ Storage Building
$698.41
$10.00
Self
Windows
$4,652.53
$51.17
Self
Inside Remodel & Painting
the Exterior
Fence- Privacy 6ft Hgt
$999.00
$10.00
$300.00
$10.00
Replace existing steps to
2nd story deck & Lean To
over existing patio (no
walls-open)
$6,200.00
$68.20
Pre-Fab Garage 20’x20’ on
concrete pad
Enclose existing rear patio
12’x20’ & Re-Roof Metal
over shingle
Remodel –Medical Clinic
$3,000.00
$33.00
X
$33,800.00
$304.20
X
X
Re-Roof Metal over Shingle
$3,600.00
$4351.50
$967.00
$34.20
73418
73419
73420
73421
73422
73423
73424
73425
73426
73427
73428
12 Weston Rd
Pam Cuppari
72 E Main St
Jake Anderegg
164 Randolph St
Huade Jiang
96 E Main St
Huade Jiang
1 Park St
Josh Burnside
1 Lightburn St
Janice Fitzgerald
12 Elias St
Self
Leigh Enterprises
John Mundy
West 33 Sales
24 Fato Lane
Helen Burkhammer Powers
7 Kepner St
Construction
Community Care
33-37 W Main St
Tom Cochran
33 Lumber St
Edward Frashuer
56 Fifth St
Michael Lubin
High Point
Construction
Self
$967,000.00
A
A
$100.00
Windows, Doors, Plumbing, $5,000.00
Inside Remodel
Inside Remodel
$1,000.00
$55.00
Appalachian
Roofing
Self
Re-Roof
$9,300.00
$102.30
Roof the existing ramp
$5,000.00
$47.50
Praxis Electrical
Christopher Danz
Self
Install Solar Panels
$16,250.00
Self
X
X
X
X
$15.00
19 Meadow St TR#4
73429
73430
73431
73432
73433
Phyllis Sembello
73 S Kanawha St
John Burdette
27 Franklin St
Paul Richter
112 Fayette St
Rod Shaver
37½ Thurman Ave
Hazel Ware
186 Pocahontas St
Self
B2
Windows, Siding, Painting
$3,500.00
Re-Roof Shingle over Shingle
Re-Roof Metal over Shingle $1,400.00
Inside Painting & Carpet
$178.75
$100.00
$38.50
$15.40
X
X
Motion [Skinner/Albaugh] to approve the Consent Agenda as presented, and with previous
minutes (7-7-16) correction. Motion passed unanimously.
Strategic Issues for Discussion and Vote:

General Fund Budget Revision #1 fy2016-17: Resolution 2016-13.
Explanation was had regarding the revision as submitted, and upon,
Motion [Cuparri/Rylands] to pass Resolution 2016-13 and upon roll call vote. Motion passed
unanimously.

Ordinance 2016-005 Part Time Police Officer Final reading.
City Attorney McClure read the Ordinance and after discussion, and upon,
Motion [Edwards/Cuppari] to pass Ordinance 2016-005 Part time Police Officers;
Minimum/Maximum age of applicants and sworn police officers upon final reading. Motion
passed unanimously.
ORDINANCE NO. 2016-005 OF THE CITY OF BUCKHANNON, AN ORDINANCE ADOPTING,
PROMULGATING AND ENACTING ARTICLE 141 OF THE CODIFIED ORDINANCES OF THE CITY
OF BUCKHANNON REGARDING PART-TIME POLICE OFFICERS; MINIMUM/MAXIMUM AGE OF
APPLICANTS AND SWORN POLICE OFFICERS
WHEREAS, pursuant to Chapter 8, Article 1, Section 5a of the West Virginia Code and the Home Rule
authority granted to the City of Buckhannon by the Home Rule Board, the City of Buckhannon is authorized employ
both full and part time police officers;
WHEREAS, pursuant to Chapter 8, Article 1, Section 5a of the West Virginia Code and the Home Rule
authority granted to the City of Buckhannon by the Home Rule Board, the City of Buckhannon is authorized to
modify the maximum age restrictions for initial appointment and modify the mandatory retirement age for current
Buckhannon police department members.
WHEREAS, the City of Buckhannon was not a mandatory civil service department in accordance with
state law but adopted an ordinance on May 6, 1954 establishing its police department as a civil service department;
WHEREAS, the City of Buckhannon currently employs ten (10) full time officers but has need for more
police officers for various law enforcement functions;
WHEREAS, the City of Buckhannon lacks the necessary resources to hire more law enforcement officers
and also pay for the various expenses associated with such officers including health insurance, vacation pay,
overtime pay, pension contributions, etc.; and
WHEREAS, the City would like to maintain full time police officers at the current department levels but
increase overall police protection and service by adding several additional part-time officers to aid the community in
police protection and service.
……………………………………………………………………………………………………
141.01. Statement of Policy. The City is desirous of maximizing police protection to its citizens while keeping the
costs of said improvements at a level that is affordable and within the City’s budgetary means. The objective of this
ordinance is to allow for the creation of part-time, non-civil service positions that will not exceed twenty-five
percent (25%) of the budgeted full time positions in any fiscal year.
Additionally, pursuant to the City of Buckhannon’s Municipal Home Rule Pilot Program Phase II
Application, the City of Buckhannon desires to increase that maximum age of civil service applicants from forty
(40) years of age to forty-five (45) years of age. During recent hiring processes the Civil Service Commission has
had to reject nearly thirty percent (30%) of the total applicant pool because of the 40 year old maximum age
restriction. Conversely, civil service regulations related to County Deputy Sheriffs currently permit applicants up to
the age of forty-five (45) at the time of application. Current department members who have reached mandatory
retirement age may continue in the employment of the department in a part-time capacity until the age of sixty-five
(65) provided employee can pass a mandatory medical examination.
These minor deviations from the existing civil service statutes will permit the City of Buckhannon to
maximize its law enforcement services to its residents while minimizing, to the extent practical, the associated costs
attendant to the delivery of essential police service and protection without sacrificing public safety.
141.02. Establishment. There is hereby established the position or positions within the City of Buckhannon Police
Department of part-time law enforcement officer. Said officers shall be members of the department and shall be
certified and trained in accordance with state requirements for certified law enforcement officers. Part time police
officers authorized pursuant to this ordinance shall not be permitted to work in excess of one thousand and forty
(1040) hours per calendar year. Part time officers are not eligible to participate in the Public Employees Retirement
System.
141.03. Reappointment of Retiree to Part Time Position. In the event any applicant formerly served as a certified
law enforcement officer for the City of Buckhannon or any other law enforcement department in the State of West
Virginia for a period of more than six months and retired, or resigned at a time when there were no charges of
misconduct or other misfeasance pending against him, within a period of five years next preceding the date of his
application, then such applicant shall be eligible for appointment to the position of part-time officer in the discretion
of the appointing authority even though such applicant shall be over the age of forty-five years, provided he is not
sixty-five years of age or over, but such applicant shall undergo a medical examination.
141.04. Age of Applicants. Notwithstanding any provision to the contrary, no application for original appointment
to a full time civil service position shall be received on and after the effective date of this article, if the person
applying is less than eighteen (18) years of age or more than forty-five (45) years of age at the date of application.
141.05. Authorized Number of Positions. The total number of part-time police officers shall not exceed twentyfive percent (25%) of the total budgeted number of full time police officers for any fiscal year.
141.06. Supervision. Part time officers employed pursuant to this ordinance shall be supervised in the established
chain of command of the City of Buckhannon Police Department.
141.07. Rules and Regulations. Nothing contained herein shall impact in anyway protections and requirements
afforded full-time civil service members of the police department. The employment of Full time members in the
department shall continue to be regulated in accordance with state civil service laws as provided in §8-14-1 et seq of
the West Virginia Code.
141.08. Conflict with Existing Ordinances. Where the conditions imposed by or pursuant to this ordinance are
different from those imposed by any other provision of the Codified Ordinances of the City of Buckhannon or any
other resolution, rule or regulation, this Article, enacted pursuant to the authority of §8-1-5a of the West Virginia
Code, shall control.
141.09. Severability. The provisions of this ordinance are separable. If any part or provision of this Article or the
application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of these
regulations or the application thereof to other persons or circumstances. The City hereby declares that it would have
enacted the remainder of these regulations even without any such part, provision or application.
141.10. Effective Date. In accordance with the Charter of the City of Buckhannon, this ordinance shall be effective
thirty (30) days after passage.
………………………………………………………………………………………………………
BE IT FURTHER ORDAINED that all other sections and subsections of Article 141 of the Codified
Ordinances of the City of Buckhannon, as revised, shall remain in full force and effect until further Ordinance of this
Council.
BE IT FURTHER ORDAINED that Article 141 of the Codified Ordinances of the City of Buckhannon,
as amended, shall become effective thirty (30) days after passage.
APPROVED AS TO FORM BY: CITYATTORNEY/SEM
FIRST READING:
SECOND READING, PASSAGE & ADOPTION:
July 7, 2016
July 21, 2016
I, Richard W. Edwards, City Recorder, do hereby certify that the foregoing Ordinance No. 2016-005
ADOPTING, PROMULGATING and ENACTING Article 141 of the Codified Ordinances of the City of
Buckhannon, was lawfully ADOPTED, PROMULGATED and ENACTED by the Council of the City of
Buckhannon during a regular session of said Council assembled on the 21 st day of July, 2016.
Richard W. Edwards, City Recorder

Ordinance 2016-006 TV Cable Franchise Agreement Renewal.
City Attorney McClure reports that a few more tweaks are needed to the agreement are required
for the completion. He will report back with more information and consultation with the Mayor.

Appointment of Mayor McCauley, Council Members CJ Rylands and David Thomas to
Council Fire Committee.
Mayor explained his reason for the appointments, and upon,
Motion [Albaugh/Skinner] to allow the Mayor and Council Members Rylands, and Thomas to
be appointed on Council Fire Committee. Motion passed unanimously.
 Set Speed Limit for Friendly Way Street- Stockert & Safety Complex to 10 MPH.
Mayor explained the concern for speeding in this area, After discussion and upon,
Motion [ Skinner/Albaugh] to Establish a 10 MPH Speed Limit on Friendly Way Street,
Stockert Youth Center, and Public Safety Complex. Motion Passed unanimously.

Discussion Public Safety Complex Improvements Talking Points:
CITY OF BUCKHANNON –PUBLIC SAFETY COMPLEX EXTERIOR IMPROVEMENTS PHASE MEETING
TALKING POINTS - JULY 11, 2016
1. Facade/color scheme – review VanNostrand original schematics – red? Red & blue? Red, white, & blue? CJ
observes that with a limited budget, paint is affordable & makes a big difference. Bryson’s original rendering is red,
but we might border the red in black. I don’t think a dark color (i.e. black or dark brown) for the façade would be a
good idea. I believe it will fade and fade quickly. If it was a baked-on enamel (like the original construction), the
color would be more durable and longer lasting. Also, the columns shown on Bryson’s rendering from years ago
seem to be highly popular among the group with the flagpoles. Are the columns and portico necessary? An almost
same effect can be established with just the flag poles and a quarter-circle public interest. I’m just looking at the
structural efforts and costs needed to tie into the existing façade / building in order to provide this covered walkway.
2. Police Department signage/identification We want to emulate the Fire Dept. sign that fronts along the bays facing
East Main Street, i.e., color, size, font, etc.
3. Parking- designate spots for fire/police personnel & fire/police visitors- but most of lot overwhelmingly should be
for public parking/use The primary spots for police cruisers will be diagonally arranged in front of the soon to be
constructed, curb/wall where the new handicap ramp will be installed that heads in the Madison Street entrance/exit
area. Additional police dept. visitor parking spots will be identified along the wall above Madison Street.
4. Signage –
(a) history – Mickey Simmons/Foodland We always want to remind where we came from (CJ)
(b) more inviting, too many “No” and “Don’ts” We are an inclusive organization seeking to create a more
inviting and appealing place for our citizenry & guests to visit. Our signage must reflect this mission.
5. Ingress/egress – do we need four points of entry? Do we need two separate outlets along Florida Street? Yes, we
do.
6. Lighting – another light bank? Let’s light this crown jewel up like a Christmas tree! This bank will most probably
be set in the area of the current “Buddy Bench,” but will illuminate portions of the PSC, SYC, & Jawbone.
7. Security – do we have all that we need? Cameras, etc. We do not, & the Fire Dept. needs security cameras.
8. Cam? Let’s install one on a light bank that rotates and lets the world see our complex, SYC, & Jawbone Park
24/7/365 This is highly doable.
9. Museum area- an old fire truck, an old police cruiser? We will defer to the departments about these possibilities.
This would be very much in keeping with our history celebration as part of Buckhannon’s bicentennial anniversary.
10. Grubb Lane Officer Grubb was killed in the line of duty decades ago. We seek to memorialize him by naming
the lane behind the PSC after him as we also work to open this segment of the complex to cruiser traffic.
11. Patio- Buddy bench relocation, walls of recognition for Friendly Way Day honorees and new police honorees;
picnic table or two for members of departments
We anticipate a strip, a plaza, a terrace- with plantings, one or two picnic tables, and short walls, perhaps in colored
marble, perhaps red for the fire dept., & blue for the police dept. with honorees, Friendly Way Day for Fire, &
perhaps something named after Fred Gaudet for Police. The Police Dept. soon will identify a handful of initial
honorees, and then conduct an annual celebration similar to the Strawberry Festival Friday long conducted by the
Fire Dept. Placards with the names & dates of the honorees will be installed on the walls.
12. Landscaping- more of it in patio and parking areas One of the plantings actually proposed by Doug Loudin
would be burning bushes. Maybe some other flowering, indigenous shrubs, e.g., mountain laurel, rhododendron, etc.
We want our landscaping around the PSC to emulate our effort throughout the rest of the city. I’d defer to Robbie
Barbor for native plants that would be good in an “hard” (i.e. asphalt / concrete) environment with lots of heat being
generated off the vast concrete lot and roads – something hardy yet colorful.
13. How do we make this complex more inviting? More inclusive? Signage, change of use of Friendly Way,
appealing parking, use of the community/training room.
14. The address- Fire Dept. is supposed to be One Friendly Way, Police Dept. Two Friendly Way- let’s make it
happen! Jerry Arnold is the king of city addressing.
15. The vehicular flow – Friendly Way was supposed to be a street- not a restricted area- the public safety complex
is part of a much bigger complex with Jawbone, SYC, etc. We’ve gotten away from that- We will design & install
attractive steel poles, horizontally hinged, gates with inviting signage that will permit those infrequent closures by
the Fire Dept. of the area in front of the truck bays. Jerry Arnold can create some scrolled looking gizmos, perhaps
with police & fire dept. iconic inserts. Signage will be hung from these gates with something like, “Sorry for the
inconvenience, but this area is temporarily closed to vehicular traffic.”
16. The area to the rear- do we need to create a better drive-thru approach? “Grubb Lane” will be for emergency
vehicle use only, probably nearly exclusively police cruisers. The Police Dept. seeks an enclosed opportunity to hide
the identify of informants coming into the back of the PSC. Jerry & Jay will identify a route out the end of this lane,
& we’ll seek to secure a right of way across Jim Hinkle property connecting to the alley beside Opportunity House.
I thought the alley was going to be used by both Police and Waste Collection. If it’s going to be used by waste
collection, then the Sally (sp) Port will need to be looked at to allow for pass through by the garbage truck. Of
course, the easy solution for this would be to move the dumpster to another location, which then creates a logistic
issue all it’s own.
17. What about the Hinkle 1.5 acres beside the PSC? If the City were to acquire it, what usages would be helpful to
our police/fire departments? Some of this property closest to the PSC could prove attractive to departmental usage,
see #16. Please remember the FEMA floodplain constraints related to this lot, both from the City’s future use and
when negotiating with the property owner. It’s very restrictive.
18. Retaining wall: The wall along Friendly Way coming off of South Florida Street, is ugly, irregular, & in
substantial need of attention. The plan will be to build the wall up a bit, & install plantings along it.
19. New generator pad behind PSC: Jay Hollen has designed this layout. The new generator will address the
emergency power needs of the entire PSC. The ramp leading to the back doors will be mostly eliminated, and steps
will be installed. With three ADA entrances located to the front of the PSC, this ramp is unnecessary. Additionally,
some minor roofing, storm gutter work, and general dress-up work is needed. This “lane” has evolved to being a bit
of a junkyard.
20. Sidewalk/ADA ramp to lower porch of Police Dept: We will replace the existing wooden porch with concrete,
& this will require reduction of the existing sidewalk of about seven feet to approximately five feet.
21. Storm sewer/cracking concrete: There is need of some repair in front of & exterior to the truck bays. I believe
the issue here is settling of the backfill material during the stormsewer construction in the past. I believe removing
the existing concrete, adding / compacting additional backfill material and then pouring higher strength concrete will
remedy the issue.
22. Sidewalk along SYC parking lot, and improved turning radius for ladder truck: As part of the SYC parking lot
paving project, we will create a dip in the sidewalk to accommodate the fire department. The sidewalk will continue
to be clearly demarcated. Surface water drainage will be addressed to channel water to the existing inlet. As the
paving of the SYC parking lot ensues, an additional water drop inlet also will be installed that should improve
surface water retention throughout the SYC playground area.
23. Art: J.B. Kimble & Doug Loudin were assigned the task of nominating some imagery that might be blown up
and placed on panels similar to the recent downtown murals. There may be as many as 10-12 murals depicting
various police & fire scenes. One suggestion was that we pursue a Norman Rockwell kind of theme on these panels.
Doug Loudin’s also suggested possible kneeling statues of a firefighter & police officer near the main entrance of
the PSC.
24. Budget: We don’t exactly know yet, but a cost assessment will be forthcoming. Some of the improvements
discussed above already have been budgeted for, e.g., the generator & the security cameras for the fire dept. Some of
the material expense will be nominal, e.g., paint. Virtually all labor will be provided by our Streets Dept. Remember,
our City collects a public safety complex fee from our residents.
25. Timetable: We’ve been working on the PSC for a decade. It may take another couple of years to complete all of
the above contingent upon expense.
26. Dedication of complex: We will want to appropriately celebrate final phase completion of our PSC when all
exterior improvements are finished.
27. Next meeting: Monday, July 25, 2016 at 1:30 p.m. at the PSC

Approval of Three Director Model for City Operations.
Mayor elaborated on his proposal for the model as discussed at last Council meeting. After
discussion and upon,
Motion [Rylands] to Approve the Three Director Model for City Operations as submitted by
the Mayor. Motion FAILS due to lack of a second to the motion.
Discussion was had regarding the Three Director Model system as presented. Discussion was had
about 2 of the directors being approved. The Director of Finance and Administration as well as the
Director of Public Works. There was disagreement on the Public Safety Director position. After
further discussion and upon,
Motion to advance the Job Descriptions for: Director of Finance & Administration and
Director of Public Works to City Attorney, to have a Draft Ordinance ready for the next City
Council Meeting in August.
Roll Call Vote requested by Mayor:
Albaugh
YES
Cuppari
YES
Thomas
NO
Rylands
YES
Skinner
NO
Edwards
NO tie 3-3
Mayor votes YES,
and Motion passes 4-3.
CITY OF BUCKHANNON – MAYOR’S PROPOSAL TO MODIFY FUNCTIONALITY
WHILE IMPROVING OUR MUNICIPAL OPERATIONS – July 7, 2016
During my now going on 34 year association with our City, I have observed many effective and efficient styles and
systems of discharging our municipal functions. I have also observed approaches that haven’t worked quite as well. I propose
that we “reinvent” the way that we execute our municipal functions, while revisiting ways and methods that have worked well in
our past while availing ourselves of the best use of our existing human resources.
With our mayor/council form of government, and consistent with our existing charter, I believe that there are things
that we can do to improve how we function as a city. I will always remain committed to the C-I-T-E theme respecting all of our
City’s processes and decisions, i.e., competent, inclusive, transparent, and efficient. With C-I-T-E as our backdrop, please
indulge me while I advance a proposal for our Council’s consideration, and which I hope we may formally consider adopting
during the July 21 council meeting.
I observe that there was no such position with our City of “city administrator” prior to the hiring of Michael Doss in the
spring of 2011. Our charter specifically authorizes our Council to create positions, and that’s exactly what happened with the
creation of Michael’s position. Our Council could commence a search to find a new city administrator. This process would
likely take us through the end of 2016 to find someone who may end up satisfying our City’s needs. We must realize that new
hires are somewhat a roll of the dice. The expense to the City to hire a new city administrator would approach $100,000 annually
in combined, salary and benefit costs. I also observe that our City now employs more than 90 fulltime employees, and with
seasonal and part-time hires, our total number exceeds 120. That’s a lot of employees discharging a lot of “functions.”
In actuality, the City of Buckhannon has had a city administrator going all the way back to the 1950s with Eugene
Suder, followed by Binky Poundstone, and then Nancy Shobe who retired at the end of 2009. Michael Doss’s predecessors
didn’t carry the title of “city administrator,” but- in essence, that’s what they were and that’s how they functioned. From January
of 2010 until Michael Doss started with the City in May of 2011, Amby Jenkins acted as our recorder/treasurer. Since Mr.
Doss’s resignation in May, Mrs. Jenkins has again very ably acted as our city administrator. Mrs. Jenkins has been employed by
our City since graduating high school in 1976. With 40 years of experience, nobody knows our municipal operations as well as
Amby Jenkins. I propose that we establish the position of director of finance and administration, and designate Mrs. Jenkins to
serve that role.
From the 1980s through 1996, Harley Brown and then the late Burl Long ably served as our City’s public works
superintendent. This model of oversight and coordination of our utility operations was abandoned in 1996 when Mrs.
Poundstone became mayor. I believe the time is ripe again for our City to return to a public works superintendent form of
oversight of all utility functions. I propose that we reestablish the position of director of public works, and designate Jerry
Arnold who already serves as supervisor for two of our four utility boards to serve in that role.
Our public safety/first responder departments also have grown immensely. Last year, our paid fire department staffing
increased by 50%, i.e., from four to six members, and there have been discussions about further expansion of those ranks to eight
or nine members as volunteers age, retire, and are not replaced. Our City added an additional police officer last year. Our City
needs to establish a disaster/crisis plan to address matters such as those recently befalling our sister cities to the south with
flooding and other events such as blizzards, derechos, etc. These departments will need to be more efficient insofar as
management of overtime expenditures. In 2015-16, our Fire Department incurred $140,000 in overtime expense, and our Police
Department incurred $75,000. Overtime expense is up dramatically from the $69,000 and $68,000 incurred respectively during
2014-15. As a comparison, our entire streets and parks department incurred only $15,000 in overtime expense in 2015-16. We
might be able to modestly increase the number of members of our first responder departments, but only if we better manage
overtime expense. An amount of $18,000 a month in overtime for 16 persons is exorbitant. I propose that we establish a parttime position of director of public safety to oversee and guide our first responder departments while also coordinating activities in
parking enforcement and zoning/housing enforcement. While there may be capable persons within our organization to serve in
this position, since the hire most likely would be made from the outside, this position should be posted and advertised.
If approved by our City Council, this new three director model will make our municipal functions more competent and
efficient. I would envision weekly director meetings with the mayor, and close coordination of all municipal functions and
activities. Every function of every municipal operation and employee would be directed to one of the three directors. Some
employee functions will be directed to different directors, for example, all financial, budgetary matters would involve the director
of finance and administration, even if the subject function or employee is a public works or public safety one.
Current supervisors will continue to be critical players in our City’s structure. Utility supervisors will continue to
report at Utility Board meetings, but ordinarily, the director of public works will report to City Council for all utility functions at
each council meeting. The three directors will prepare bi-monthly reports that ideally would be circulated to council members
shortly prior to each council meeting to add efficiency to the conducting of council meetings. Reports will be made a part of each
council meeting’s minutes. This regular revisitation of pending matters will provide focus and continuity for all functions. Our
Utility Boards will remain strong and largely autonomous. Our municipal activities will be even better coordinated. Employee
matters such as compensation review, annual performance evaluations, and benefit considerations will be more fair and
standardized.
The merger or establishment of this three director system would cost our City including allocation of expense to our
four Utility Boards where appropriate, about $30,000 annually or a cost savings of about $70,000 per year over hiring a new City
Administrator.
If approved by our City Council, this model will be reviewed at the end of the 2016-17 fiscal year to determine its
efficiency, need to be adjusted, or abandonment. I respectfully request your individual considerations to this proposal, and look
forward to further discussion about it during our July 21 Council meeting.
Comments and Announcements.
 Mary Albaugh- None
 Pam Cuppari- Would like to set Fire Committee date ASAP. Will be having a wrap
up of July 4th celebration meeting. Will begin the meetings for the Christmas
celebrations.
 CJ Rylands – Reminder of Festival Fridays, and the Car Show “Blast from the Past”.
 Robbie Skinner- Expressed appreciation to the firefighters and congratulated them
on their achievements. Particularly the recent ISO inspection. This is very important
for the insurance coverage for property owners.
 David Thomas- Celebrating 32 years in Buckhannon. Suggests an Ad-Hoc
committee to discuss future revenue concerns for the city and its budgets.
 Richard Edwards reported on the Planning Commission Meeting on 7-19-16.
Reported on the HLC meeting 7-18-16, and commended Ms. Christina Rieth for her
Ameri-Corp work on the HLC.
Mayor Comments:
 Mayor read and discussed the calendar of events in packets for July-Aug.
 Mayor read and discussed his “Mayor’s Statement on Drugs.” Suggests a Forum on
drugs in the future.
CITY OF BUCKHANNON – MAYOR’S STATEMENT ON DRUGS – July 21, 2016
Who among us has not experienced their family having been impacted in some awful way by the horrors of drug abuse
and addiction? If you say- “Not me,” you are either blessed or perhaps are in denial or simply unaware of its existence. Drug
abuse, addiction- is everywhere. We have well more than our share of this calamity in West Virginia, indeed right here in our
beloved Buckhannon-Upshur community. It doesn’t matter what your race, gender, occupation, orientation, or socio-economic
status is- because addiction crosses all borders. It knows no bounds. It is an equal opportunity robber of souls. Its destructive
way does not discriminate.
My family certainly has not been immune from the ravage of substance abuse, and so many other families who are
close to mine similarly have lost someone dear to them either by their loved ones having died or as is more frequently the case,
their soul having been stolen from them as their addiction dims their inner light and they succumb to the darkness. I nearly lost
one of the closest people in my life this morning, and but for an emergency administration of “narcan,” by some of our
community’s excellent first responders, I wouldn’t be here this evening, but rather would be selecting a casket. I want to thank
those excellent people whose expedient intervention just a few hours ago saved a life, spared my family of devastation, and
permitted me to be here this evening to humbly deliver this message.
I share this dark chapter of my loved one, and our family’s struggle with the evil of addiction, not to incur sympathy or
pity for us, and certainly not to shame or embarrass my loved one, but rather I hope by sharing our story, that we might illuminate
the darkness, and advance our conversation as to how we might together figure out how to improve our methods of dealing with
this nightmare. Silence will not fix this problem- it is not a solution. This problem does not just go away. It is not some passing
fad, a whim. This problem attaches to the person like a lethal leech, and becomes a part of them. We have to battle it together,
and be collectively reactive and proactive.
I do not profess to having any answers as to how as a society, as a community we come together to address this horrific
problem. But- it seems to me that somehow, some way- there has to be some better approach than what we’re presently putting
forth to save our loved ones, our family members, our friends, our neighbors, our co-workers. There has to be a better way to
repair these tortured lives and allow them to be positive, contributing members of our society.
I’d like to advance the notion that our City government co-sponsor a forum soon, and that we bring our entire
community together to discuss our current resources and systems for battling addiction. I will hope that we may invite and hear
from healthcare specialists, counselors, and rehabilitation professionals from near and far. It seems to me that we need to rethink
our entire “war on drugs.” The traditional “weapons” invoked in the past to battle this problem, often don’t work. I feel certain
that our forum could be held at our high school or at Wesleyan. Our school system and College will be most welcomed partners,
as will St. Joseph’s Hospital. I would like to hear from you all about how we go about conducting this forum. How can we best
make use of our time during this assembly? Please don’t be shy in sharing your thoughts. As you so often hear me say- it’s our
greatest truth- we are all in this together-
Motion [Skinner/Albaugh] with no further business, the meeting is adjourned at 8:58pm.
Mayor David McCauley
___________________________________________________
City Recorder Richard Edwards ___________________________________________________

Council 07-21-16 - city of buckhannon

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