Lewisburg City Council
Meeting Minutes
February 19, 2013
Page 7
Minutes of City Council
February 19, 2013
Regular Session
The Council of the City of Lewisburg met in regular session on Tuesday, February 19, 2013 at 7:30 p.m. in the Paul R. Cooley Council Chambers located at 942 Washington Street West.
PRESENT: Mayor John Manchester, Recorder Shannon Ninnemann-Beatty; Council members, Mark Etten, Joshua Baldwin, Beverly White, Joseph Lutz; Public Works Director Mark Carver; Treasurer Susan Honaker, Zoning Office Ken Tubbs, Fire Chief Wayne Pennington and Police Chief Tim Stover
ABSENT: Andrew Evans
VISITORS: Reporters Heather Blake of the West Virginia Daily News, Peggy Mackenzie of the Mountain Messenger; John Stump with Steptoe & Johnson, Chef Richard Rosendale from the Greenbrier Hotel, Marietta Lyall, Alinda Perrine, Ryan Ferrebee and Micah Labishak.
CALL TO ORDER:
Mayor Manchester called the meeting to order at 7:30 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE:
Recorder Ninnemann-Beatty gave the invocation and Council member White led the pledge of allegiance.
VISITORS REPORTS:
No Visitors reports were given.
APPROVAL OF MINUTES:
January 15, 2013
Council member White made a motion to approve the January 15, 2013 regular session City Council minutes as presented. Council member Baldwin seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
COMMUNICATIONS FROM THE MAYOR:
Special Presentation
Mayor Manchester handed the floor over to Council member Baldwin to honor Chef Richard Rosendale, from the Greenbrier Hotel, with a Certificate of Recognition from the City for his recent participation in the Bocuse d’Or culinary competition in France. Baldwin stated he had accompanied Rosendale to film the Chef’s journey to represent the United States in the competition.
PROCLAMATIONS:
Osteopathic Medicine Week
Recorder Ninnemann-Beatty read a portion of a proclamation announcing February 4-8, 2013 as the Celebrate Osteopathic Medicine Week in Lewisburg.
Congenital Heart Defect Awareness Week
Recorder Ninnemann-Beatty read a portion of a proclamation celebrating the week of February 7-14 as Congenital Heart Defect Awareness Week in Lewisburg.
ORDINANCES:
Ordinance 236, Water Treatment Plant Bond, public hearing and 3rd Reading
Recorder Ninnemann-Beatty read the title of the following ordinance for 3rd reading:
“ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE WATERWORKS SYSTEM OF THE CITY OF LEWISBURG AND THE FINANCING OF THE COST THEREOF, NOT OTHERWISE PROVIDED, THROUGH THE ISSUANCE BY THE CITY OF NOT MORE THAN $3,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE BONDS, SERIES2013A; PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO THE ISSUANCE OF SUCH BONDS; AND AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING OTHER PROVISIONS RELATING THERETO. “
Bond Counsel, John Stump of Steptoe and Johnson stated this ordinance was an authorizing document to fund a bond to make improvements to the water treatment plant.
Mayor Manchester called a public hearing to order regarding the passage of Ordinance 236 on 3rd reading. Hearing no comment from the public he closed the hearing.
Councilmember Etten made a motion to approve Ordinance 236 on 3rd reading as presented. Councilmember White seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
RESOLUTIONS:
Resolution 418, Supplemental resolution for Phase One Water Treatment Plant Project,
to consider and act upon a proposed supplemental resolution providing for the
issuance of the bonds.
Bond Counsel, John Stump stated the City had received 5 bids from banks with a 20 year fixed rate for the issuance of a bond. He noted he would suggest the City take advantage of the bid from First National Bank which offered no prepayment penalty. Mayor Manchester stated he thought that having the no prepayment penalty clause made First National Bank the most attractive bid to him. Councilmembers Etten and White agreed with Manchester and Stump.
The following resolution was read by title for passage:
“SUPPLEMENTAL RESOLUTION PROVIDING PARAMETERS AS TO THE PRINCIPAL AMOUNT, DATE, MATURITY DATE, INTEREST RATE, INTEREST AND PRINCIPAL PAYMENT DATES AND OTHER TERMS OF THE WATER REVENUE BONDS, SERIES2013 A OF THE CITY OF LEWISBURG; AUTHORIZING AND APPROVING THE SALE AND DELIVERY OF SUCH BONDS; AND MAKING OTHER PROVISIONS AS TO THE BONDS.”
Councilmember Etten made a motion to approve Resolution 418 as presented which would authorize Mayor Manchester to make a certificate of determination with First National Bank to enter into a 20 year fixed rate bond loan with the City of Lewisburg as presented. Councilmember Lutz seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
Resolution 419, to consider a Sweep Resolution pertaining to the automatic payment
of Bonds to the Municipal Bond Commission
The following resolution was read for passage:
“WHEREAS, The City of Lewisburg (the “Issuer”) is a governmental body and political subdivision of West Virginia;
WHEREAS, the Issuer has issued bonds, as more specifically set forth on Exhibit A, attached hereto and incorporated herein by reference (the “Bonds”);
WHEREAS, the Issuer makes monthly debt service payments on the Bonds by check to the West Virginia Municipal Bond Commission (the “MBC”) which in turn pays the owners of the Bonds and deposits funds in the reserve accounts;
WHEREAS, the MBC may accept such monthly payments by electronic funds transfer thereby eliminating delay in payments and lost checks;
WHEREAS, Pursuant to Chapter 13, Article 3, Section 5a, the MBC has established fees for its services (the “MBC Fee”);
WHEREAS, the Issuer find and determines that it is in the best interest of the Issuer, its citizens and the owners of the Bonds that the monthly debt service and reserve fund payments be made by electronic transfer with the State Treasurer sweeping the Issuer’s account.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1) The monthly debt service payments on the Bonds, as set forth in Exhibit A, along with the MBC Fee, shall be made to the MBC by electronic transfer by the State Treasurer form the accounts set forth in Exhibit A in such form and at such directions as are provided by the MBC.
2) The Mayor and Clerk are hereby authorized to sign and execute all such documents as are necessary to facilitate the electronic transfer of the Bond debt service and reserve fund payments.
3) This resolution shall be effective immediately upon adoption.
Adopted this 19th day of February, 2013”
Councilmember Etten made a motion to approve Resolution 419 for passage as presented. Councilmember Lutz seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
Resolution 420, to consider a Draw Resolution for the payment of invoices from the Bonds
The following resolution was read by title for passage:
“RESOLUTION OF THE CITY OF LEWISBURG APPROVING INVOICES RELATING TO CONSTRUCTION AND OTHER SERVICES FOR THE PROPOSED WATER TREATMENT PLANT PHASE I PROJECT AND AUTHORIZING PAYMENT THEREOF”
Councilmember Etten made a motion to approve Resolution 420 as presented. Councilmember Baldwin seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
Resolution 415, Coal Severance fund budget revision #2 fiscal year 2013
Recorder Ninnemann read the following resolution by title for passage:
“Coal Severance Fund Budget Fiscal Year 2013 Revision Number Two”
Councilmember Etten noted the revision was an adjustment to account for any changes in revenues or expenses during the last fiscal year.
Councilmember Etten made a motion to approve Resolution 415 as presented and recommended by the Finance Committee. Councilmember White seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
Resolution 416, General fund budget revision #1 fiscal year 2013
Recorder Ninnemann read the following resolution by title for passage:
“General Fund Budget Fiscal Year 2013 Revision Number One”
Councilmember Etten made a motion to approve Resolution 416 as presented and recommended by the Finance Committee. Councilmember White seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
Resolution 417, endorsement of the Greenbrier County Fire Levy
Recorder Ninnemann read the following resolution for passage:
“At a regular session of the Lewisburg City Council of Lewisburg, West Virginia, held at the Paul R. Cooley Council Chamber on the 19th day of February 2013, the following order was made and entered.
SUBJECT: ADDITIONAL GREENBRIER COUNTY LEVY FOR FIRE PROTECTION SERVICES AND EQUIPMENT, FOR FISCAL YEARS BEGINNING JULY 1, 2013, 2014, 2015, 2016 AND 2017.
The City Council of Lewisburg, West Virginia is in agreement with the Greenbrier County Commission that the maximum levies for the current expenses of Greenbrier County authorized by Article 8, Chapter 11 of the Code of West Virginia as last amended, will not provide sufficient funds for payment of current fire protection services and equipment expenses of Greenbrier County, including expenditures for fire protection services and equipment, and that a County election should be held to increase such levies, for distribution among Greenbrier County certified fire departments.
It is hereby ORDERED: The City Council of Lewisburg supports a Fire Protection Services and equipment levy for Greenbrier County.
The purpose of which additional funds are needed is as follows:
Fire protection services, equipment and training”
Councilmember White made a motion to approve Resolution 417 for passage. Councilmember Baldwin seconded the motion. With four (4) in favor and one (1) absent (Evans) the motion carried.
COMMUNICATIONS FROM CITY COUNCIL:
Non-discriminatory sexual identity bill endorsement
Councilmember Baldwin stated he would like to recommend City Council adopt a resolution in support of the Employment & Housing Non-Discrimination Act covering sexual orientation and gender identity or expression that is currently going through the State Legislature as a bill.
West Virginia Municipal League
Mayor Manchester shared there were several pieces of legislature the West Virginia Municipal League was trying to get passed for municipalities. He encouraged Council to consider becoming a pilot city in the home rule program that is being considered by the Legislature.
COMMUNICATIONS FROM BOARDS AND COMMISSSIONS:
Planning Commission Report
Zoning Officer Ken Tubbs reported on the following events of the February 7, 2013 Planning Commission meeting:
· The Planning Commission recommended that a preliminary plat for Barnette Development be sent back to the Planning Commission at the March meeting for further review after it was discovered that Gateway Commons, LLC had not gained approval from the Planning Commission or City Council for a Final Plat before the property was sold to Barnette Development.
Councilmember Etten made a motion to reject the preliminary plat for Barnette Development until a final plat for Gateway Commons, LLC has been approved by the Planning Commission and City Council. Councilmember White seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.
· A site plan review of 24 apartment units for Woodland Acres, First Greenbrier was approved.
· Zoning Officer Tubbs presented the 2012 Planning and Zoning Report.
Parks Commission
No meeting was held.
COMMUNICATIONS FROM THE POLICE DEPARTMENT:
Chief Stover reviewed the 2012 annual report of the Police Department with City Council. He also stated that Officer Dove had completed training for the DARE program.
COMMUNICATIONS FROM THE FIRE DEPARTMENT:
No report was given
COMMUNICATIONS FROM COUNCIL COMMITTEES:
Finance Committee
Councilmember Etten reported on the following events of the February 12, 2013 Finance Committee meeting:
The Finance Committee recommended approval of the health insurance renewal using option #2 with the following changes:
1. Changing carriers to IMG Stop Loss/Sirius America
2. Increase the maximum out of pocket the 80/20 co-insurance from $1,000 to $2,000.
3. Implemented a spousal carve out effective April 1, 2013.
4. Added an aggregate specific deductible of $25,000.
Councilmember Etten made a motion to renew the employee health insurance using option #2. Councilmember Baldwin seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.
· The Finance Committee recommended the acceptance of a modified bid with Alvarez Contractors, Inc. to install a bolted-steel tank at a cost of $2,684,000 for Water System Improvements Contract No. 4 Water Treatment Plant. However, since the Finance meeting it has been decided to table approval of bids until after the March Finance Committee meeting.
Councilmember Etten made a motion to table approval of the bids for Contract No. 4 Water Treatment Plant until after the March Finance Committee meeting. Councilmember White seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.
· The Finance Committee recommended the approval of the contract with Stanley, Hunt, DuPree & Rhine to complete an actuary study to determine the City’s Other Post Employee Benefit Liability at a cost not to exceed $5,760.
Councilmember Etten made a motion to approve the contract with Stanley, Hunt, DuPree & Rhine to complete an actuary study to determine the City’s Other Post Employee Benefit Liability at a cost not to exceed $5,760. Councilmember Lutz seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.
· The Finance Committee recommended the mileage reimbursement rate for City related travel be set at $0.565 per mile.
Councilmember Etten made a motion to set the mileage reimbursement rate for City related travel be set at $0.565 per mile. Councilmember White seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.
· The Finance Committee recommended approval of the Water Fund Budget Revision Number One as presented.
Councilmember Etten made a motion to approve the Water Fund Budget Revision Number one as presented. Councilmember White seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.
· The Finance Committee recommended approval of the Financial Statements for the Coal Severance, General and Water Funds for the period ending December 31, 2012.
Councilmember Etten made a motion to approve the Financial Statements for the Coal Severance, General and Water Funds for the period ending December 31, 2012. Councilmember Baldwin seconded the motion. With (4) four in favor and (1) one absent (Evans) the motion carried.