November 14, 2011

AGENDA
Public Meeting
November 14, 2011
7:00 p.m.
Meeting open to the public to provide information and to
hear comments regarding the leasing of the alleyway by the
Columbia Gas Company.
This meeting will be followed by the Common Council
Meeting, Regular Session, previously scheduled to start at
7:00 p.m.
Posted — Wednesday, November 9, 2011
TOWN OF CLENDENIN
PUBLIC MEETING
November 14, 2011
7:00 p.m.
Prior to the Common Council Meeting scheduled for 7:30 p.m. on this date, Mayor Ore
convened a Public Meeting as required by West Virginia State Law.
The Mayor read the legal advertisement placed in the Charleston newspapers regarding the
alleyway by the Columbia Gas Company building, which was being advertised as a right of way
lease , In compliance with the West Virginia State Code. The proposal is for a 50-year lease to
Columbia Gas Company, with an option for a 50-year renewal of said lease.
Mayor Ore asked for questions or comments from the public audience. No questions or
comments were presented.
Mayor Ore asked that the Town Council approve a resolution to lease the property in question
to Columbia Gas at a cost of handling the separation agreements of the 10 foot alley between
Columbia Gas Company and the affected landowners. No other costs would be involved. A
motion was made by Councilman Oliver to provide the property to Columbia Gas Company
under the above-described terms. Councilman Deel seconded the motion. The motion was
approved by Council on a voice vote.
Mayor Ore then closed the public meeting and called the Common Council Meeting of
November 14, 2011 to order at 7:30 p.m.
Bob Ore, Mayor
David Ross, Recorder
AGENDA
COMMON COUNCIL MEETING
Monday- November 14, 2011- 7:90 P.M.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
CORRESPONDENCE NOT REQUIRING COUNCIL ACTION:
COMMITTEE REPORTS:
1. Finance / Recorder David Ross
2. Administration / Mayor Bob Ore
3. Equipment / Councilman Mike Stout
4. Buildings / Public Works / Councilman John Shelton
5. Special Events / Councilman' Chip Holcomb
6. Police Department / Chief Brinckman
7. WV American Water / Storm Drains / Councilman Ron Deel
8. Cemeteries / Councilman Sidney Oliver
NEW BUSINESS:
1. Resolution to lease the 15.3 ft. alley between the Advent Church Activity Building and Columbia
Gas to Columbia Gas for a 50 year lease rate to be negotiated and abandon the 10' alley off 2' street
abutting the 15.3' alley servicing Columbia Gas with a commitment from Columbia Gas to bear the
costs of legally dividing the 10' alley between adjacent land owners.
2. Rabies Clinic / Elizabeth Bolyard.
3. Approval of invoices for October, 2011.
4. Resolution to adopt WV State Code 8-12-2 "Home Rule Powers for Cities" as Town of Clendenin
Ordinance no. Chapter 1, Article 1 Section 7.
5. Resolution to adopt WV One Card proposed by the WV State Auditors Office.
6. Adopt Animal & Fowl Control Ordinance Chapter IV Article 3 supplanting existing Animal Control
Ordinance.
7. Resolution to accept clear title to lot #186 on Kanawha County Tax Map. Hillside property opposite
Willow St. at the juncture of North Point & Kanawha as a gift from William R & Robin Gunnoe.
8. Resolution to fill a staff position of Treasurer. Reporting to the Town Recorder.
UNFINISHED BUSINESS:
1. Adopt Town of Clendenin Property & Maintenance Ordinance previously approved on March 14, 2011
as Chapter IV Article 29.
2. 3 rd Avenue.
CONCERNS OF COUNCIL:
CONCERNS OF GUESTS:
ADJOURNMENT:
Posted - Wednesday November 9, 2011
TOWN OF CLENDENIN
COMMON COUNCIL MEETING
Regular Session
November 14, 2011
The Common Council for the Town of Clendenin did meet in regular session on this date
in the Clendenin Community Building.
Mayor
PRESENT:
Recorder
Council Members
Bob Ore
David Ross
John Shelton
Mike Stout
Chip Holcomb
Ron Deel
Sidney Oliver
Mayor Ore declared a quorum was present and called the meeting to order at 7:00 p.m.
followed by the Pledge of Allegiance led by Matt Brown. The minutes of the October 17, 2011
meeting were read. Councilman Ron Deel moved that the minutes be accepted as presented to
council. This was seconded by Councilman Sidney Oliver. The motion passed on a voice vote.
CORRESPONDENCE NOT REQUIRING COUNCIL ACTION:
Mayor Ore had no correspondence to report to the Council at this time.
COMMITTEE REPORTS:
Financial/Recorder: David Ross
A report was given by Recorder David Ross for the month of October which showed a total
ending balance of $72,934.75 with an adjusted balance of $60,939.76 in the Town's general
account. See attached report.
Administration:
Mayor Ore
Mayor Ore reported that the American Legion plans to have a Christmas banquet at a date to
be announced later that will be open to the public.
Town Equipment:
Mike Stout
Councilman Stout reported that the tires on the police cruisers had been replaced and that the
cars had been winterized. All equipment is in good running order.
2
Public Works/Street Department/Buildings:
John Shelton
Councilman Shelton reported that the park benches were in place and that the walks to the
basement were completed. The ceiling in the Community Center kitchen has been replaced
and that the bathroom doors have been repaired. New tile has been put in place where
needed. Some painting has also been done in the kitchen. Repairs to the alley by the old Dairy
Bar building have been completed and the alley has been paved. The result is that the severe
dip at that location has been significantly lessened. Other street repairs have been made and
potholes have been fixed around town. The lighting problem in Councilman Oliver's upstairs
office have been fixed.
Special Events:
Chip Holcomb
Councilman Holcomb had nothing to report at this time.
Police Department: Chief David Brinckman
Chief Brinckman reported that the police cars have been winterized and that other repairs have
been made. Several animals have been transported to the Kanawha-Charleston Animal Shelter.
Two firefighters were injured by stray cats and they are now taking rabies shots. There has
been one dog attack and that animal has been quarantined.
WVAW & Storm Drains:
Ron Deel
Councilman Deel reported that a letter had been sent to the Public Service Commission
regarding to the recent problems related to West Virginia American Water. He also indicated
that some leak problems on North Point Drive have been reported to WVAW.
Cemeteries: Sidney Oliver
Councilman Oliver expressed concern over the lack of rules requiring vaults for graves. He
recommended that vaults be required for future burials. The local funeral homes have agreed
that vaults should be used for burials. He reported of a case in which a lady was hospitalized
and not expected to survive and that no vault will be used for her burial. Councilman Stout
expressed concern over groundwater problems and suggested that all cemetery rules be
reviewed and updated. Councilman Oliver will check on price ranges for vaults. Recorder Ross
indicated that the bank account balances for the cemetery accounts were low. Councilman
Oliver suggested that notices for donations be sent out by January 1.
3
NEW BUSINESS:
Elizabeth Bolyard appeared and asked that we establish a rabies clinic in Clendinin in
conjunction with Elk Valley Veterinary Hospital. She is negotiating a reduced rate for rabies
injections and reported that other vaccines may be available. The idea is to get as many
animals as possible vaccinated for rabies. She indicated that Town Council needed to approve a
resolution supporting this effort. Councilman Stout moved that Town Council approve a
resolution to sponsor and support this program. Councilman Oliver seconded the motion.
The motion was approved by a voice vote.
Mayor Ore asked that a resolution to adopt West Virginia State Code 8-12-2 "Home Rule
Powers for Cities" be approved by Council. Some discussion followed. Councilman Stout
indicated that the provisions were nearly the same as in the Home Rule Charter. He moved
that we adopt Ordinance # Chapter 1, Article 1, Section 7 approving the above-described
"Home Rule Powers for Cities". This was seconded by Councilman Shelton. The motion was
approved on a voice vote.
Mayor Ore asked for a motion to approve the adoption of the West Virginia One Card program
sponsored by the West Virginia State Auditor's Office. Councilman Oliver suggested that the
representative from the Auditor's Office be invited to come back to further explain the program
and to take questions. Councilman Shelton moved that we adopt the West Virginia One Card
program at this time. The motion was seconded by Councilman Stout. Council's votes were as
follows:
Councilman Oliver — No
Councilman Deel — No
Councilman Shelton — Yes
Recorder Ross - Yes
Councilman Holcomb—Yes Councilman Stout—Yes
The motion was approved on a 4 — 2 vote.
Mayor Ore explained the provisions of the proposed Animal and Fowl Control Ordinance,
indicating that it will allow the Town authorities to assess blame to those who harbor stray
animals, especially cats, and to issue citations. Councilman Stout moved that the proposal be
approved. This motion was seconded by Councilman Shelton. The motion was approved by a
voice vote.
A resolution to accept clear title to Lot # 186 on the Kanawha County Tax books, as a gift from
William R. and Robin Gunnoe was presented. Some discussion followed. Councilman Deel
moved that we accept ownership of this lot. The motion was seconded by Councilman Stout.
The motion was approved on a voice vote.
4
UNFINISHED BUSINESS:
Some discussion was held on the adoption of the Town of Clendenin Property and Maintenance
Ordinance. Mayor Ore indicated that this ordinance was approved on March 14, 2011.
Mayor Ore presented information regarding Third Avenue, indicating that action regarding
Third Avenue had been discussed and tabled in the Town Council meeting of March 10, 2008,
but in the Town Council meeting of March 24, 2008, a petition was presented to the town to
incorporate this property. A motion was made at that time by Councilman Stout to accept the
property and it was seconded by Councilman Tim Huffman. That motion was approved.
Councilman Oliver indicated that the property had to be given to us. Mayor Ore asked for
additional clarification, but indicated that the Town Council in session on March 24, 2008 had
already approved the inclusion of this property.
NEW BUSINESS:
Mayor Ore called the Town Council into executive session for the purpose of discussing the
hiring of Forest Akers as Town Treasurer. After the executive session, the Town Council
meeting was reconvened. The Mayor asked for a motion to approve Forest Akers as Town
Treasurer. A motion was made by Recorder Ross to hire Forest Akers as the Town Treasurer for
a 3-month probationary period. Mr. Akers will work on a full-time basis during this 3-month
period at a salary of $2,000.00 per month, effective November 16, 2011. This motion was
seconded by Councilman Shelton.
Council's votes on this motion were as follows:
Councilman Oliver — No
Councilman Deel — No
Councilman Shelton — Yes
Recorder Ross — Yes
Councilman Holcomb —Yes
Councilman Stout—Yes
The motion was approved on a 4-2 vote.
CONCERNS OF COUNCIL:
No concerns were presented by Town Council.
5
CONCERNS OF GUESTS:
Eddie Hizmann indicated that a petition containing signatures had been presented to Council
concerning the acceptance of Third Avenue. Councilman Oliver expressed a need to have a
deed or an easement.
Sharon Hinzmann asked to see the deed to Beech Street and any right of way or easement data.
She stated that Third Avenue was not in good shape and that more work needs to be done, as
there are several ruts or holes that need to be fixed. Councilman Shelton indicated that he will
inspect Third Avenue to see what needs to be done.
ADJOURNMENT:
With no further business to come before Council, a motion was made by Councilman Deel to
adjourn the meeting. This was seconded by Councilman Shelton. The motion to adjourn was
approved by a voice vote and the meeting was adjourned at 8:20 a.m.
Robert C. Ore, Mayor
David E. Ross, Recorder
TOWN OF CLENDENIN
Checking Summary
October 31, 2011
GENERAL OPERATING ACCOUNT:
$43,583.33
70,560.68
37,203.66
3,965.60
40.00
The beginning balance for Octoberl, 2011 was
Deposits made in October
Checks cleared in October
Electronic withdrawals (FICA & Fed. W/H
Other withdrawals, fees, charges (check order)
Ending Balance (October 31, 2011)
72,934.75
Less: Outstanding checks not cleared 10/31/2011
11,994.99
ADJUSTED BALANCE
(as of 10/31/2011)
$60,939.76
COAL SEVERANCE FUND (as of 10/1/2011)
Deposits made in October
Checks cleared in October
Service Fee
$ 3,074.09
1,573.59
+
0
12.00
Coal Severance Fund Balance (9/30/2011)
$
4,635.68
David E. Ross, Recorder
TOWN OF CLENDENIN
CEMETERY FUND BALANCES
as of October 31, 2011
KOONTZ CEMETERY
Beginning Balance as of October 1, 2011
Deposits — October
Checks Paid — October
Bank Fee
$ 3289.27
+
.00
- 600.00
12.00
TOTAL — KOONTZ FUND — October 31, 2011
$ 2,677.27
MARY OSBORNE CEMETERY
Beginning Balance as of October 1, 2011
New Checks — October
Checks Paid — October
Bank Fee
$ 4232.38
37.00
- 1200.00
12.00
TOTAL — MARY OSBORNE — October 31, 2011
$ 2,983.38
(7.
Sidney Oliver, Councilman
Invoices to be Submitted to Council
November 14, 2011
AEP (025-021-533-0-3) Community Center
R
AEP (020-761-952-0-1) Street Lights
AEP (020-676-063-0-7) 110v Corner Elk & Main
AEP (022-754-533-0-2) 110v Corner Maywood & Main
AEP (023-362-383-0-4) Maywood Ave. E.
AEP (022-911-533-0-8) First Street
AEP (029-711-533-0-5) City Hall
Appalachian Tire Products (tires, brakes, alignment, etc)
Appalachian Tire Products (tires, alignment, etc)
Chandler, Tommy (mowing) 2 invoices
Chase Card Services (shipping/returned items)
Charleston Acoustics Supply (Community Center/kitchen)
Clendenin Branch Library (donation)
Clendenin Volunteer Fire Department (donation)
Copen's Lawn Care (gravel for 3 rd Avenue) 2 invoices
Copen's Lawn Care (asphalt, dump truck, roller, mowing) 2 invoices
Chandler, David (mileage/tolls reimbursement -training)
Dodson Pest Control (monthly service)
Essroc Ready Mix (completion of town hall walkways)
Fibernet (telephone service)
Hizer Trucking Co. (monthly service)
Hobbs, Robert (municipal judge) 2 invoices
Kanawha-Charleston Humane Assn.
Mountaineer Gas (178293-198477)
Mountaineer Gas (380991-453998)
Mountaineer Gas (178295-198479)
Mountaineer Gas (178294-198478)
Myers Vault (Koontz acct.: Ross service/opening & closing)
NAPA (Street Dept. supplies) 2 invoices
NAPA (Police car/floor mats)
Office Depot (Recorder supplies) 2 invoices
Office Depot (Custodial supplies) 3 invoices
Office Depot (Clerical supplies) 2 invoices
Ore's Hardware (Street Dept. supplies) several invoices
Postmaster (postage stamps)
ROPHO Sales (service contract - copier)
Rose, Patricia E. (custodian/Election Day)
Shelton's Maintenance & Repairs (lumber)
Shelton's Maintenance & Repairs (card reader - Police)
Shelton's Maintenance & Repairs (line striping paint)
Shamblin Stone (road salt)
356.11
1287.40
8.32
8.32
11.90
39.97
159.04
1039.12
450.43
50.00
23.16
411.79
100.00
100.00
680.00
945.00
46.41
67.00
659.64
279.75
151.15
267.68
121.00
114.52
26.04
96.62
114.52
500.00
9.69
27.99
82.56
126.54
129.94
222.94
176.00
199.00
75.00
80.28
17.98
31.92
2302.23
Invoices (page 2)
Speedway (October)
Sunbelt Rentals (equipment rental & delivery)
UPS (pickup and return delivery)
WV/American Water (28-0634368-3)
WV/American Water (28-0634365-9)
WV/American Water (28-0634366-7)
WV State Treasurer (Court Remittance fees)
WV Uniforms (Police equip./uniforms/vest/badge) 2 invoices
Wingrove, Cindy (accounting assistance) 2 invoices
WV Municipal League (training costs)
x
1256.50
2021.90
54.30
49.58
172.97
46.91
796.00
810.94
571.36
375.00