* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] COUNCIL, PLEASE TURN YOUR MICROPHONES ON, PLEASE. [1. Call to Order] I'D LIKE TO CALL THIS MEETING IN ORDER. ROLL CALL PLEASE. COUNCILWOMAN CRAWFORD. HERE. COUNCILMAN KNIGHT? HERE. COUNCILMAN ETHERINGTON? HERE. COUNCILMAN HARBURG. HERE. MAYOR KNOWLES. HERE. UH, COUNCILMAN COLLINSON HERE. UH, COUNCILWOMAN NELSON HERE. AND COUNCILMAN BAKER PRESENT. DENNIS, COULD YOU LEAD US IN THE SALUTE OF THE FLAG, PLEASE? I PLEDGE ALLEGIANCE TO FLAG, FLAG OF THE UNITED STATES AMERICA, STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR PLEASE REMAIN STANDING. AND, UH, JOHN MAIDEN JR. GOOD EVENING AND HAPPY NEW YEAR. GOOD EVENING. AND LET US HAVE OUR TIME OF PRAYER THIS EVENING. DEAR GRACIOUS AND LOVING, GOD, WE JUST THANK YOU FOR THIS DAY. THIS IS THE DAY THAT YOU'VE MADE, AND WE ARE CALLED TO REJOICE AND BE GLAD IN IT, LORD. AND WE'RE GLAD IN YOU. AND WE THANK YOU FOR BRINGING US TO THIS NEW YEAR OF 2026. UH, THANK YOU FOR EVERYONE THAT'S IN THE ROOM TODAY. ALL THE LEADERS HERE, ALL THE CITIZENS, AND I THANK YOU FOR THIS BELOVED CITY CARD, MARTINSBURG. I PRAY THAT YOU WOULD GUIDE AND DIRECT THE, THE DISCUSSIONS AND THE DECISIONS TONIGHT. UH, ORDER THIS MEETING ACCORDING TO YOUR WILL AND WAY. WE JUST THANK YOU FOR YOUR POWERFUL PRESENCE. PLEASE CONTINUE TO KEEP EVERYONE SAFE, LORD, AND LET YOUR WILL BE DONE. IN JESUS' NAME, AMEN. AMEN. AMEN. [5. Approval of Minutes] APPROVAL OF THE MINUTES, MOVE TO APPROVE. SECOND. I HAVE A MOTION. I HAVE A SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. AYE. THOSE OPPOSED. APPROVE [6. Approve Administrative and Financial Report] THE ADMINISTRATIVE FINANCIAL REPORT. THERE IS NONE IN THE PACKET. MOVE THE PROOF. SECOND. ANY QUESTIONS? ALL IN FAVOR? A. AYE. AYE. THOSE OPPOSED? ALL RIGHT, WELL HERE'S [7. Presentations] THE BEST PART OF THE, MY JOB. I GET TO DO A PROCLAMATION AND SOME SWEARING IN. SO, UH, WHO IS HERE REPRESENTING? UM, ST. JOE? COME ON UP, SIR. DIDN'T YOU? WELL, SHE WANTED JUST . WELL, GUESS WHAT? , BEING A CATHOLIC EDUCATED, UH, OLD MAN, YOU'RE GONNA STAND IN PICTURE. . THAT'S WHAT THEY TO TELL ME. I, OKAY. SO IT'S AN HONOR FOR ME TO DO THIS. THANK YOU. CITY OF MARTINSBURG, WEST VIRGINIA OFFICE IS THEIR PROCLAMATION CATHOLIC SCHOOLS. WHEREAS WEST VIRGINIA'S CATHOLIC SCHOOLS PROVIDE STRONG ACADEMICS WHILE NURTURING RESPONSIBILITY, ACCOUNTABILITY, CITIZENSHIP AND EMPATHY, AND A CHRIST-CENTERED LEARNING ENVIRONMENT. WHEREAS CATHOLIC SCHOOLS WORK WITH FAMILIES TO ENCOURAGE CHILDREN TO RECOGNIZE, DEVELOP, AND SHARE THEIR GOD-GIVEN GIFTS AND TALENTS. WHEREAS WEST VIRGINIA'S CATHOLIC SCHOOLS HAVE 99% HIGH SCHOOL GRADUATION RATE AND 85% OF THEIR GRADUATES ATTEND COLLEGE. AWESOME. WHEREAS CATHOLIC SCHOOLS PREPARE STUDENTS TO BE PRODUCTIVE CITIZENS AND FUTURE LEADERS EMPHASIZING MORAL DEVELOPMENT AND SELF-DISCIPLINE. WHEREAS CATHOLIC SCHOOLS TEACH CHILDREN OF ALL FAITH, RESPECT FOR SELF AND OTHERS, AND INSTILL IN STUDENTS THE VALUE OF SERVICE TO OTHERS. WHEREAS THERE ARE 25 SCHOOLS IN THE DIOCESE OF WHEELING CHARLESTON WITH TOTAL ENROLLMENT OF NEARLY 4,700 STUDENTS IN 18TH ELEMENTARY SCHOOLS AND SEVEN HIGH SCHOOLS AND 12 COUNTIES AND EMPLOYING 487 PROFESSIONAL STAFF. WE'RE A ST. JOE'S SCHOOL AT ST. JOE'S HIGH SCHOOL IN MARBURG. THE ONLY CATHOLIC SCHOOLS IN THE EASTERN PANHANDLE HAVE AN ENROLLMENT OF 492 STUDENTS FROM TODDLERS TO NINTH GRADE. AND WE'RE A ST. JOE'S SCHOOL. AT ST. JOE'S HIGH SCHOOL IN MARTINSBURG ARE SCHOOLS OF CHOICE IN OUR REGION NOW. THEREFORE, I, KEVIN KNOWLES, MAYOR OF MARTINSBURG, WEST VIRGINIA, WHO HEREBY COMPLAIN THE WEEK OF JANUARY 25TH [00:05:02] THROUGH JANUARY 31ST, 2026 IS CATHOLIC SCHOOLS WEEK 2026, AN EVENT SPONSORED BY THE NATIONAL CATHOLIC EDUCATION ASSOCIATION IN THE UNITED STATES CONFERENCE OF CATHOLIC BISHOPS TO RECOGNIZE THE CONTRIBUTIONS OF THOUSANDS OF CATHOLIC PRESCHOOL, ELEMENTARY AND SECONDARY SCHOOLS ACROSS THE COUNTRY TO ENSURE A BRIGHTER FUTURE FOR WEST VIRGINIA. THE NATION WE WITNESS SWEAR OF. I ADHERE TO MY HAND AND CAUSE A SEAL. CITY OF BURG. WE FIXED THIS 8TH OF JANUARY, 2026. THE OLD, THE NUNS AND THE PRIEST USED TO COME. STAND THERE. SMILE. YOUNG MAN. . YOU STILL GOT IT, MAYOR, RIGHT? . 1, 2, 3. BEAUTIFUL. THANK YOU. ALRIGHT, NEXT ON THE AGENDA, PATROLMAN WEST ENROLLMENT, PLEASE COME UP HERE, . OKAY. SO WE'RE GONNA SWEAR YOU IN HERE. I'M GONNA ASK YOU TO RAISE YOUR RIGHT HAND. I STATE YOUR NAME, DO SOLEMNLY SWEAR THAT I SUPPORT THE CONSTITUTION OF THE UNITED STATES. I SOM SOM CONSTITUTION OF UNITED STATES AND THE CONSTITUTION OF THE STATE OF WEST VIRGINIA AND THE CONSTITUTION OF THE STATE OF WEST VIRGINIA. I ASSESS THE QUALIFICATIONS PRESCRIBED BY LAW, POSSESSIVE QUALIFICATIONS PRESCRIBED BY LAW TO HOLD THE OFFICE OF CONTROLLING FOR THE OFFICE OF PATROL IN THE CITY OF MARBURG IN THE CITY OF MARBURG. AND I'M NOT SUBJECT TO ANY DISQUALIFICATIONS, AND I'M NOT SUBJECT TO ANY DISQUALIFICATIONS PRESCRIBED BY LAW, PRESCRIBED BY LAW. THERE. I'LL HONESTLY DISCHARGE THE DUTIES IN SET OFFICE, BUT I'LL HONESTLY DISCHARGE THE OFFICE TO THE BEST OF MY SKILL JUDGMENT TO THE BEST OF MY SKILL AND JUDGMENT. SO HELP ME, GOD. YES. BY THE TIME WE HAVE SOME JEWELRY, WE'LL TAKE HAVING A GOOD TIME. HAVING A FANTASTIC TIME THERE. YOU ASKING ME? WE'RE ON VIDEO. HOLD ON, HOLD ON. I GOT, HOW DO YOU GONNA LOSE YOUR DADDY? YOUR DADDY? I GUESS I DIDN'T TAKE IT LIKE THAT. KIM AND I, KIM AND I LIFTED EACH , SAID, WHO'S YOUR FATHER? DID I SAY DADDY? SAY DADDY. YES YOU DID. WHO'S YOUR DAD? GOD. FULL OF HUMOR TOO. AND SOMETHING ELSE [00:10:01] TOO. OH GOD. ALL RIGHT. WELL, LET'S TRY TO GET BACK ON TRACK HERE NOW AFTER ALL THAT, RIGHT? [8. Petitions from Citizens] ALL RIGHT. PETITIONS FROM CITIZENS PETITIONS. OKAY. UM, I, I KNOW WHO YOU ARE, BUT I'M GONNA NEED YOU TO STATE YOUR NAME AND YOUR ADDRESS, AND WE WILL NOT START THE CLOCK UNTIL YOU DO THAT. OKAY. THANK YOU. GOOD EVENING. I'M BARBARA BRET. I LIVE AT ONE 16 NORTH TENNESSEE AVENUE. MARTINSBURG ZONING ORDINANCE HAS BEEN IN EFFECT SINCE 2021. THE ZONING CODES CONSIDERING CONCERNING POLITICAL SIGNS OR PERSONAL EXPRESSION SIGNS AS THEY'RE CALLED, HAS NOT BEEN ENFORCED EVEN THOUGH IT HAS BEEN BROUGHT TO THE COUNCIL'S ATTENTION. AND I EVEN HAD BEEN PROMISED BY THE CITY ATTORNEY THAT IT WOULD BE ADDRESSED IN THE NEXT ELECTION, BUT IT WAS NOT 6.07. ONE STATES PERSONAL EXPRESSION, SIGNS OF ANY SIZE TYPE, INCLUDING FLAGS PROVIDED THEY DO NOT EXCEED THREE SQUARE FEET IN AREA PER SIDE ARE NON-COMMERCIAL IN NATURE AND NOT ILLUMINATED. THAT MEANS FOUR BY EIGHT SIGNS ARE PROHIBITED AND SIGNS CANNOT BE LIGHTED. 6.05 B STATES NO SIGN SHALL BE ERECTED IN THE PUBLIC RIGHT OF WAY OR WITHIN FIVE FEET OF THE PUBLIC RIGHT OF WAY. THE POLITICAL SEASON IS UPON US. REGISTRATION FOR CANDIDATES IS JANUARY 12TH THROUGH THE 31ST. I ASK THAT THE MAYOR AND CITY COUNCIL TO DIRECT THE PLANNING DEPARTMENT TO SEND LETTERS TO EACH CANDIDATE WHO WILL BE ON THE CITY BALLOT AND THE BERKELEY COUNTY BALLOT, INFORMING THEM OF THE CITY'S ZONING ORDINANCE ON POLITICAL SIGNS. LETTERS SHOULD ALSO BE SENT TO THE CHAIRS OF EACH POLITICAL PARTY STATING THE CITY'S POLITICAL SIGN ORDINANCE. I ALSO ASK THAT WHEN VIOLATIONS APPEAR THAT THE PLANNING DEPARTMENTS SEND LETTERS TO THAT CANDIDATE AND PROPERTY OWNER, PLUS A LETTER SHOULD BE SENT TO THE CHAIR OF THE CANDIDATE'S POLITICAL PARTY STATING THE LOCATION OF THE VIOLATION. PLEASE ENSURE THAT OUR ZONING ORDINANCE IS ENFORCED. THANK YOU FOR YOUR HELP IN THIS MATTER. THANK YOU. UNDER TWO MINUTES. ALL RIGHT. MUST BE PRACTICING. ALL RIGHT. ANY PETITIONS FOR CITIZENS? I FORGET YOUR . GOOD EVENING. UH, LADIES AND GENTLEMEN, MY NAME IS MATTHEW UMSTEAD. I'M 10 11 WEST VIRGINIA AVENUE RESIDENT. UH, ALMOST FIVE YEARS. UH, JUST A COUPLE, UH, CITIZEN COMMENTS ABOUT SERVICES. FIRST OF ALL, THE CITY'S, UH, UH, SANITATION SERVICE AND, UH, EVERYTHING ABOUT IT IS ABSOLUTELY WONDERFUL. I CAN'T SAY ENOUGH GREAT THINGS ABOUT HOW THEY TREAT MY GARBAGE, GARBAGE CAN. UH, THEY PUT IT BACK VERY NICELY. UM, YOU KNOW, CAN'T SAY ENOUGH ABOUT HOW GREAT THEY DO. UH, BEING VERY PROFESSIONAL THROUGHOUT THE NEIGHBORHOOD WHEN I DRIVE THROUGH RECKLESSLY HALF THE TIME. UM, BUT THERE IS ONE THING I, I, I CONSTRUCTIVELY WOULD ASK THE COUNCIL TO CONSIDER. AND THAT IS THE RECYCLING SERVICE. UH, AND HOW IT, IT, IT'S MORE, MORE OR LESS WHEN IT'S OFFERED, AND WHEN THE, WHEN THE RECYCLING, UM, ITEMS ARE PICKED UP. I AM, UH, I MEAN, WE'RE ALL BUSY, RIGHT? WE ALL HAVE BUSY SCHEDULES. I HAVE A HARD TIME REMEMBERING WHAT I ATE FOR BREAKFAST TODAY, YESTERDAY, LET ALONE WHAT I'M SUPPOSED TO DO TOMORROW. UM, AND I WOULD JUST RESPECTFULLY ASK THE COUNCIL, THE CITY ADMINISTRATIVE STAFF TO TAKE A LOOK AT SCHEDULING THE PICKUP FOR RECYCLING IN SYNC WITH THE, UH, SANITATION, THE GARBAGE. UH, IT IS SO HARD FOR ME TO REMEMBER , UH, WHEN THE PICKUP IS FOR RECYCLING. I, FRANKLY, I WOULD LOVE TO HAVE RECYCLING THE SAME DAY AS THE SANITATION. UM, AND, AND MAYBE MORE FREQUENT INSTEAD OF ONCE OR TWICE A MONTH EVERY WEEK. UM, AND I, AND ALSO I WOULD ASK FOR THE SENIORS AND FIXED INCOME PEOPLE TO HAVE AN OPTION FOR, UH, BUY THEIR BAGS AHEAD OF TIME, ONE BAG AT A TIME. I JUST THINK, UH, IF WE'RE REALLY MINDFUL OF LOW INCOME, FIXED INCOME FOLKS, UM, BUY THE BAG SERVICE THAT MY MOM GETS. MY MOM, MY MOM IS, UH, 79 YEARS OLD THIS MONTH. SHE'S ABLE TO BUY BAGS, ONE BAG AT A TIME AND PAY AND, AND, AND FOR THOSE BAGS, AND THEN PUTS 'EM OUT ON THE CURB. AND SHE SAVES A LOT. AND SHE'S ON A FIXED INCOME. SHE'S RETIRED. SO I JUST WOULD ENCOURAGE EVERYONE TO TAKE CONSIDERATION OF THOSE THINGS. AND THANK YOU FOR YOUR TIME AND KEEP UP ALL THE GREAT SERVICES YOU DO. THANK YOU. THANK YOU. THANK YOU. PETITIONS FROM CITIZENS, PETITIONS FROM CITIZENS. HEARING NONE. WE'LL MOVE FORWARD. ITEM NUMBER NINE, [9. Receive and File Reports––Minutes––Correspondence of The Following] UM, FILE AND RECEIVE REPORTS MINUTES CORRESPONDING OF THE FOLLOWING. THESE I'M GONNA READ, UM, MARTINSBURG BERKELEY COUNTY CHAMBER OF COMMERCE APPOINTMENT LETTERS FOR THE FIRE COMM, FIRE CIVIL [00:15:01] SERVICE COMMISSION, THERESA MCCABE AND THE POLICEMAN'S CIVIL SERVICE COMMISSION. MARIA LAWRENCE NEED A MOTION MOVE. OBJECT TO CORRESPONDENCE. MOVE TO FILE THE REPORTS. MOVE TO FILE. HAVE A SECOND. SECOND. ALL IN FAVOR? AYE. AYE. THOSE OPPOSED? THANK YOU. REPORT OF COUNSEL AS A WHOLE COMMITTEE. THERE ARE NONE. REPORT [11. Report of Mayor] OF THE MAYOR. PROVE OR DENY THE APPOINTMENT OF KIMBERLY FOUR TO THE POLICE CIVIL SERVICE COMMISSION TO FILL AN UNEXPIRED TERM. 1 1 23 TO 12 31 26. THAT'LL BE JUST FOR ONE YEAR. MOVE TO APPROVE. SECOND. I HAVE A MOTION. I HAVE A SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. AYE. THOSE OPPOSED FOR THE CITY [12. Report of City Attorney] ATTORNEY? YOUR HONOR, LAST NIGHT WE HAD THE PLANNING COMMISSION MEETING AND I MENTIONED THAT I WOULD MENTION TO YOU THAT WE'RE DOWN TWO MEMBERS. AND SO WE ACTUALLY HAD A CONCERN ABOUT HAVING A QUORUM LAST NIGHT. AND THEY WANTED ME TO REMIND YOU THAT WE NEED TWO NEW MEMBERS. YES, PLEASE. YEAH. SO, UM, I THAT I I APPRECIATE THAT. LET ME JUST TALK RIGHT NOW FOR A SECOND ABOUT THAT. I, WE ARE DOWN, UH, ONE FOR THE ZONING. I BELIEVE IT'S AN ALTERNATE. AND WE NEED SOME, UH, PEOPLE FOR THE PLANNING COMMISSION CURRENTLY THERE. YOU SAY THERE'S TWO THERE. I I HAVE THREE. MAYBE IT'S THREE. THEN I, I WAS TOLD THAT THERE ARE THREE VACANCIES, SO IF ANYBODY HAS ANYBODY THAT THEY WANT TO HAVE, GIMME A CALL AND TALK TO 'EM. FEEL FREE TO GIVE 'EM A CALL. NOTHING ELSE, YOUR HONOR. THANK YOU. REPORT [13. Report of City Manager] TO CITY MANAGER. GOOD EVENING, EVERYONE. AT THE TURN OF THE YEAR, IT MEANS IT'S BUDGET TIME. UM, SO WE'LL BE FOCUSING OVER THE NEXT FEW WEEKS, UM, A BUDGET. UM, I'LL BE SENDING OUT SOME COORDINATION WITH THE MAYOR, SOME DATES IN FEBRUARY TO START OUR WORKSHOPS, UH, ET CETERA. THE BUDGET WILL BE DUE IN MARCH, AS IT ALWAYS IS. UM, JUST NOT WAITING UNTIL MARCH 8TH TO START THE BUDGET THIS YEAR. GONNA START A LITTLE BIT EARLIER THIS YEAR. UM, ACTIVE RECRUITMENT CONTINUES FOR A PLANNING DIRECTOR. UH, THE PLANNING OFFICE, UM, AS YOU KNOW, IS THROUGH, UH, TRANSITION. YOUR PLANNING DIRECTOR, ENGINEER HAS ONE WEEK LEFT. UM, YESTERDAY, I BELIEVE YESTERDAY HAD ABOUT A TWO AND A HALF HOUR, THREE HOUR MEETING ABOUT HOW TO TRANSITION DURING THIS. UM, I THINK I COUNTED THERE'S OVER 35 PRIVATE SECTOR PROJECTS THAT ARE CURRENTLY IN THE BOOKS RIGHT NOW AT DIFFERENT PHASES. SO WE'RE TRYING TO, UM, YOU KNOW, OUR, UM, PRIORITY IS TO TRY TO PROCESS AND GET PERMITS OUT WITHOUT INTERRUPTION. BUT THE PLANNING AND PERMITTING STAFF NOT ONLY IS FAIRLY NEW, BUT IT'S VERY SHORT RIGHT NOW. SO, ACTIVE RECRUITMENT, UH, IT CONTINUES FOR A PLANNING DIRECTOR. THE UNO HAS BEEN ISSUED FOR THE MARKET HOUSE, UH, FOR THE UPSTAIRS, UM, ASCEND, WEST VIRGINIA. YOU KNOW, AS A TENANT, I'M SURE THEY'LL BE HAVING A, A, A RIBBON CUTTING SOON. I ENCOURAGE WHEN THEY DO TO, TO VISIT THAT PROJECT. IT TURNED OUT TO BE VERY, VERY NICE. UM, FINANCE SOFTWARE PROJECT. UM, IT IS KICKED OFF WITH THE NEW YEAR. IT'S GOING TO BE A LONG TERM PROCESS. UM, THAT'S NEW FINANCE SOFTWARE, NEW TAX AND LICENSE SOFTWARE, NEW UTILITY SOFTWARE. UM, SO ON TOP OF EVERYTHING ELSE BETWEEN BUDGETS AND AUDITS AND FINANCIAL STATEMENTS, THE FINANCE DEPARTMENT'S GONNA BE VERY BUSY WITH TRYING TO GET THE FINANCE SOFTWARE INTO THE 21ST CENTURY. AND I COMMEND THEM AND I HOPE THEY DON'T LOSE THEIR PATIENTS, UH, DOING IT. UM, THE MAYOR AND I HAD AN OPPORTUNITY TO MEET WITH OUR LEGISLATIVE DELEGATION, UM, WHAT, A COUPLE WEEKS AGO, I BELIEVE. I THINK I SENT YOU SOME, SOME ITEMS THAT WE PRESENTED TO THEM. I THINK THAT THEY, I THINK THEY LISTENED. I THINK THAT THEY ASKED SOME PRODUCTIVE QUESTIONS. AND THE WEST VIRGINIA MUNICIPAL LEAGUE MADE WHITTER CONFERENCES HERE IN A COUPLE WEEKS WHERE WE'LL HAVE AN OPPORTUNITY TO SEE OUR LEGISLATORS. AND THEN FINALLY, UM, WHILE YOUR AGENDA'S SHORT TONIGHT, THERE'S A LOT OF STUFF GOING ON IN THE, THE BACKGROUND. UM, UH, ACTUALLY TWO THINGS. UH, WE DID GET A CALL FROM DOA, UH, DOT, FEDERAL DOT, THAT WE SHOULD EXPECT AFTER MANY MONTHS AN AGREEMENT BACK TO PROCEED WITH THE BUILD SLASH RAISE GRANT. SO WE'RE EXCITED TO GET THAT AGREEMENT FINALLY READY. AND THEN, UM, MANY SEVERAL OF YOU MAYBE ATTENDED, BUT, UM, THE NEW COLD WEATHER [00:20:01] SHELTER THAT THE MARTINSBURG INITIATIVE, UM, IS, UM, BASICALLY COORDINATING AND RUNNING. IT KICKED OFF ON LAST SATURDAY. AND WITH THAT, IF YOU HAVE ANY QUESTIONS, COMMENTS, CONCERNS, PLEASE DON'T HESITATE TO LET ME KNOW. THANK YOU. ANY UNFINISHED BUSINESS. THERE IS NONE. NEW [15. New Business] BUSINESS. RU AND DENY A LETTER OF ENDORSEMENT TO THE A BCA FOR THE 33RD ANNUAL TOUGH MAN CONTEST AT THE BERKELEY 2000 RECREATION CENTER ON MARCH 20TH AND 21ST. 2026. MOVE TO APPROVE. SECOND. MOTION TO SECOND. ANY QUESTIONS WE ALWAYS ASK THE CHIEF? NO. ALL IN FAVOR? AYE. THOSE OPPOSED, APPROVE AND DENY ENDORSEMENT TO A BCA FOR ST. JOE'S SCHOOL'S ANNUAL BENEFIT DINNER ON MARCH 7TH, 2026. MOVE TO APPROVE THE LETTER ENDORSEMENT FOR ST. JOE'S SCHOOL. SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. AYE. THOSE OPPOSED MAKE COMMENT ON A B, CA ZONING FORM FOR THE HISTORIC MCFARLAND HOUSE. IS ANYBODY HERE? DOES ANYBODY WANNA MAKE COMMENT? SORRY. IS THIS ONE THAT WE'RE WITHOUT COMMENT TO PASS IT ON. PASS IT THROUGH TO BE YEAH, THE MOTION FROM US IS, WE'RE PASSING ON WITHOUT COMMENT. YEAH, I MOVED HIM. I MOVED TO PASS IT ON WITHOUT COMMENT. I HAVE A MOTION. SECOND. ALL IN FAVOR? AYE. AYE. AYE. OPPOSED? OPPOSED. PROVEN DENY ISSUANCE OF RFP FOR THIRD PARTY RENTAL INSPECTION SERVICES. MOVE TO APPROVE. SECOND. ANY QUESTIONS? YEAH, I HAVE SOME QUESTIONS. UM, I, I READ THROUGH THE STUFF. HADN'T HAD AN OPPORTUNITY TO TALK TO YOU AT ALL, ANDY. SO I'M GUESSING THIS IS COMING FROM OBSERVATION. I KNOW THAT WE LOST ANOTHER RENTAL HOUSING INSPECTOR. UM, OF COURSE THIS ALSO SEEMS TO BE THE IDEAL TIMES IF WE'RE GOING TO RELEASE AND NOT HAVE AS A CITY EMPLOYEE TO ALLOW FOR, UM, LANDLORDS TO MAKE ANY COMPANY THAT QUALIFIES A CERTAIN QUALITY INSPECTION FOR THEM TO BE ABLE TO POOL A THIRD PARTY INSPECTOR. IF IT'S GOOD FOR US TO DO THIS THEN, 'CAUSE THE ONLY THING I'VE HEARD OVER MY ENTIRE TENURE ON COUNCIL IS THAT CAN NEVER DO THIRD PARTY. IT HAS TO STAY WITHIN CITY EMPLOYEES. THAT WAS THE REASON THAT WE CAN NEVER GO TO A THIRD PARTY FOR, FOR ANY LANDLORD IN THE CITY. SO MY QUESTION, UH, MY FIR MY BIGGEST QUESTION IS, IS WHY THE CHANGE IN PHILOSOPHY? UM, AND THEN SECONDLY, WHY WOULDN'T WE ALLOW IT FOR ANY QUALIFYING PERSON FOR, UM, A BUSINESS OWNER LANDLORD TO BE ABLE TO, TO GET HIS OWN THIRD PARTY? WELL, FIRST OF ALL, THANKS FOR THE QUESTION. UM, I DID FOR, I TRIED TO EXPLAIN IN A MEMO ABOUT KIND OF WHAT THE THINKING HERE IS. FIRST OF ALL, I DON'T HAVE A GUARANTEE NECESSARILY THAT THIS, THAT THERE'S GONNA BE A COMPANY OUT THERE TO DO THIS. AT THE SAME TIME THAT WE'RE DOING THIS, WE'RE ALSO ACTIVELY TAKING APPLICATIONS FOR IN-HOUSE INSPECTORS. WE ARE NOT GETTING, WE ARE NOT GETTING A QUALITY OF CALIBER OF INSPECTOR SO FAR TO APPLY. AND I TRIED TO EXPLAIN THE MEMO THAT, YOU KNOW, THE CITY HAS HAD A RENTAL INSPECTION PROGRAM FOR A LONG TIME. AND IF YOU BELIEVE THE LATEST STATS, ABOUT 51% OF ALL UNITS IN THIS CITY ARE RENTALS. AND SOME OF THOSE 35 PROJECTS THAT I EXPLAINED, UM, EARLIER, A LOT OF THEM ARE APARTMENT COMPLEXES. A LOT OF THEM NOW ARE TOWNHOUSE UNITS THAT ARE GONNA BE RENTALS. THEY'RE NOT GONNA BE FEE SIMPLE. THEY'RE GOING TO BE RENTALS, ESPECIALLY ON THE WEST SIDE. IF COUNCIL'S INTERESTED IN THIS PROGRAM, AND IT'S JUST MY OBSERVATION THAT THE WAY THAT WE ARE CURRENTLY DOING IT IS JUST NOT WORKING AND IT'S NOT KEEPING UP. IF THERE'S AROUND 4,000 SOME UNITS, AND BY THE WAY, WE DON'T HAVE AN EXACT NUMBER OF HOW MANY THERE ARE, BUT IF YOU LOOK AT THE DATA, THERE'S ABOUT 4,000 OR SOME UNITS THEY'RE SUPPOSED TO BE INSPECTED ABOUT EVERY THREE YEARS. AND IF YOU HIRE SOMEBODY TO COME IN, THEN NOT ONLY ARE THEY TRYING TO MAINTAIN, BUT THEY'RE TRYING TO DIG THEMSELF OUT OF A GINORMOUS HOLE EVEN TO GET TO EVERY THREE YEAR PERIOD. [00:25:02] SO, UM, IN THINKING ABOUT THIS, WHY WE ARE ALSO TRYING TO RECRUIT, AND AGAIN, THIS DOES NOT COMMIT, UH, THIS DOES NOT COMMIT THE CITY TO HIRING ANYBODY. THIS WAS TO TRY TO PUT OUT IN THE STREET TO SEE WHETHER OR NOT THERE'S ANY PROPOSALS TO TRY TO THINK MORE UNIQUELY, MORE FLEXIBLE, MORE DIFFERENT TO TRY TO SUPPLEMENT. NOW I DO THINK IN, IN TALKS, I THINK WE SHOULD AT LEAST HAVE ONE IN-HOUSE AT LEAST TO MANAGE THE, MANAGE THE PROGRAM, MANAGE THE THIRD PARTY IF WE'RE GONNA DO THAT. UM, BUT THERE'S TWO, THERE'S TWO THINGS THAT ARE DRIVING THE, YOUR RENTAL REGISTRATION PROGRAM. ONE ARE THE ROUTINE INSPECTIONS THAT YOU'RE SUPPOSED TO CONDUCT EVERY THREE YEARS. AND THE SECOND ONE IS, UM, WE GET MANY COMPLAINTS FROM TENANTS ABOUT LANDLORDS THAT THEN DRIVE SOME OF THE INSPECTION PROCESS AND ALSO HELP FIND THOSE RENTALS THAT AREN'T REGISTERED. AND SO WE DID LOSE, WE HAVE ZERO RENTAL INSPECTORS AS WE SPEAK RIGHT NOW. WE DO NOT HAVE A RENTAL INSPECTOR. UM, IT HAS BEEN OUT FOR, UM, PUBLICATION FOR A WHILE. THERE'S BEEN SOME PEOPLE INTERVIEWED. THERE ARE PERHAPS A COUPLE OF CANDIDATES. BUT BEFORE NECESSARILY DOING THAT, IT WAS TO TRY TO AT LEAST SEE WHAT OTHER OPTIONS ARE OUT THERE. I DON'T HAVE A GUARANTEE THAT WE'RE GONNA GET ANY, OR, OR THAT IT'S NOT SO COST PROHIBITIVE THAT, THAT RIGHT NOW WE CAN'T DO IT. BUT, UM, I THOUGHT, YOU KNOW, THE DEFINITIONS INSANITY ON THE SAME THING, EXPECTING DIFFERENT RESULTS. AND I JUST DON'T, I MEAN, I'VE ONLY BEEN HERE FIVE YEARS, BUT I JUST FEEL LIKE THE RENTAL REGISTRATION PROGRAM, IT KIND OF GET, IT KIND OF GETS STARTED AND THEN IT KIND OF, THERE'S BEEN TURNOVER, YOU KNOW, THERE'S BEEN TURNOVER DOWN THERE AND IT NEVER GETS GOING. SO IF COUNCIL'S INTERESTED IN THIS PROGRAM AND THEY'RE COMMITTED TO THIS PROGRAM, THEN IT WAS JUST MY RECOMMENDATION. THEN LET'S TRY SOMETHING. LET'S TRY SOMETHING NEW AND TRY SOMETHING DIFFERENT TO AT LEAST SEE WHAT THE OPTIONS ARE. SO I CAN COME BACK TO YOU AFTER THIS RFP IF YOU DECIDE TO DO THIS, TO SAY, OKAY, HERE ARE THE OPTIONS. OR MAYBE THERE ARE NO OPTIONS. MAYBE KEEP GOING. AND THAT WAS A LONG ANSWER AND I'M, I'M SORRY. NO, I, I APPRECIATE IT. A FOLLOW UP TO IT. I DON'T, I DON'T DISAGREE WITH WHAT YOU'RE HAVING. OBVIOUSLY EVERYBODY UP HERE KNOWS THAT I'VE, I HAVE RENTALS. SO I MEAN, IT'S NOT A SECRET. UM, BUT I STILL GO BACK TO THAT. IF WE'RE GONNA GO DOWN A ROAD OF HAVING A THIRD PARTY INSPECTOR, OKAY, WHY NOT ALLOW, AND I DON'T THINK IT'S THE SMALL PEOPLE THAT, YOU KNOW, THE PEOPLE WHO THE MOM AND POP LANDLORDS ARE GONNA GO OUT AND GET THEIR THIRD PARTY 'CAUSE IT'S MORE HASSLE. BUT THE INTERWOVEN THE, THE WEST SIDE, THE, THE, THE BIG COMPLEXES, I COULD VERY EASILY SEE THEM BEING ABLE TO MAYBE GET MULTIPLE COMPANIES TO BE INVOLVED IN THIS AREA. NOT JUST SIMPLY, HEY CITY, I, I TAKE CARE OF ALL THE CITY OF MARTINSBURG. SO WHAT I WOULD LIKE TO SEE ON THIS IS I'M FINE WITH THIRD PARTY, I'M FINE WITH US HAVING A THIRD PARTY, A, B, C RENTAL INSPECTOR, BUT ALSO ALLOW FOR QUALIFIED WHATEVER THOSE QUALIFICATIONS ARE. YOU HAVE 'EM LISTED THAT INTERWOVEN, COULD H HIRE THEIR OWN THIRD PARTY INSPECTOR REPORT THE SAME WAY THAT OUR THIRD PARTY WOULD, WOULD DO IT. BUT COMPETITION, YOU KNOW, IT, IT SEEMS LIKE THE, I AGREE WITH YOU, I THINK THE PIE IS GETTING BIGGER. AS OUR POPULATION IS GETTING BIGGER AND WE HAVE MORE SINGLE FAMILY HOMES, WE CAN ARGUE ABOUT PERCENTAGES AND STUFF. BUT BESIDE THAT, AS OUR CITY GROWS IN THESE LARGER PROJECTS, WE'RE GONNA HAVE MORE AND MORE CONDENSED HUNDREDS OF UNITS. AND I COULD VERY EASILY SEE THOSE BIG PROJECTS WANTING INSPECTIONS MORE THAN ONCE, ONCE EVERY THREE YEARS. UM, AND I JUST THINK THAT ALLOWING THEM TO GET THEIR OWN THIRD PARTY, IF THEY DON'T DO IT, THEN THEY DON'T DO IT. IT DOESN'T HURT ANYTHING. AND IF THEY'RE MEETING THEIR QUALIFICATIONS, IF WE'RE OPENING UP THIS, THIS, RIGHT, THIS TOPIC, THEN WHY NOT ALLOW FOR ANY THIRD PARTY THAT MEETS THOSE QUALIFICATIONS TO BE ABLE TO DO THE INSPECTIONS? I, I UNDERSTAND. THIS IS JUST, THIS IS JUST ME. I DON'T THINK I, WITHOUT ACTUALLY, I MEAN FIRST OF ALL, I THINK LEGALLY WE COULD DO IT, IT'S LIKE THIRD PARTY ELECTRICAL INSPECTIONS. WE HAVE THIRD PARTY AS YOU KNOW, WE HAVE THIRD PARTY ELECTRICAL INSPECTIONS. WE DON'T DO OUR OWN ELECTRICAL INSPECTIONS AS LONG AS THEY ARE LICENSED, YOU KNOW, IN THE STATE OF WEST VIRGINIA, IN THE CITY. AND I DON'T THINK NECESSARILY ACTUALLY COUNCILMAN BAKER, I DON'T ACTUALLY DISAGREE WITH THAT NECESSARILY AS A WAY TO AUGMENT THE SERVICE. AT THE END OF THE DAY, I THINK THAT WHAT WE WANT IS TO MAKE SURE THAT THE UNIT HAS BEEN INSPECTED, IT'S SAFE AND HABITABLE. AND THAT WAS THE INTENT OF THE ORDINANCE. BY A REPUTABLE PERSON, BY A REPUTABLE, LICENSED PERSON. THAT ACTUALLY MIGHT BE A FANTASTIC WAY TO HELP ACTUALLY DIG OUT OF, [00:30:01] NOT DIG OUT, TO GET TO AT LEAST GET TO WHERE WE ARE. BECAUSE I'M TELLING YOU, IF WE JUST HIRE ONE OR TWO PEOPLE, 'CAUSE HERE'S WHAT HAPPENS. AND, AND THE MAYOR HEARD THIS CONVERSATION AND YOU'VE PROBABLY BEEN THROUGH IT. YOU GO DO AN INSPECTION. WELL THAT LEADS TO TWO OR THREE MORE INSPECTIONS. AND THEN I'M GONNA SAY, AND THIS HASN'T BEEN LOOKED AT IN A LONG TIME, AND THIS IS SOMETHING TO LOOK AT TOO. IF YOU'RE HIRING THIRD PARTY INSPECTIONS, THE FEE THE FEE STRUCTURE HASN'T BEEN LOOKED AT IN A VERY LONG TIME FOR THIS PROGRAM. I MEAN, THE REALITY IS, IS THAT IT PROBABLY SHOULD AND COULD PAY FOR ITSELF IF IT WAS RUN CORRECTLY AND THE FEE STRUCTURE WAS CORRECTLY. SO THIS WAS, THIS WAS TO START A CONVERSATION KIND OF, AND TO PUT IT OUT TO SAY, OKAY, IF THIS IS SOMETHING WE WANT TO DO AND WE, THIS IS SOMETHING WE WANT TO BE SERIOUS ABOUT, I JUST THINK FEEL LIKE, AND THIS IS JUST MY OPINION, WE NEED TO LOOK AT IT A DIFFERENT WAY. 'CAUSE I JUST DON'T THINK THAT WHAT WE'RE DOING IS WORKING. I AGREE WITH YOU. AND SO WHAT I WOULD ASK YOU IS, AND IN WORKING WITH KEN AT LEAST, AND LOOKING AT OTHER PLACES, I DON'T THINK I'D NECESSARILY HAVE A PROBLEM. I MEAN, AGAIN, YOU WANT A QUALIFIED, LICENSED PERSON TO LOOK AT IT AND IF THEY'RE MEETING THE CHECKLIST AND THEN THE LIABILITY IS ON THEM TO BASICALLY SIGN OFF, I DON'T THINK THAT'S A PROBLEM. AS LONG AS WE GET THE REPORTS, WE CAN LOG IT, THEY REGISTER WITH US. AND MAYBE IT IS A HYBRID COMBINATION APPROACH BETWEEN MAYBE WE HAVE A, WE HAVE A THIRD PARTY, WE ALLOW A, A, THE RENTAL COMPANY TO HAVE A THIRD PARTY. AND MAYBE WE EVEN SET STANDARDS THAT IF YOU'RE A CERTAIN THRESHOLD OR HAVE SO MANY UNITS OR SOMETHING LIKE THAT, WE'LL ALLOW A THIRD PARTY INSPECTION. 'CAUSE YOU'RE RIGHT, JUST SOMEBODY THAT HAS ONE OR TWO ARE NOT, THEY'RE NOT PROBABLY NOT GONNA HIRE A THIRD PARTY. AND THEN PLUS PROBABLY AN IN-HOUSE, I I, WE ARE GONNA HAVE TO HAVE SOMEONE TO MANAGE THE, THE, THE SYSTEM. AND KEN SEES IT ON THE COURT SIDE BECAUSE THAT ONE INSPECTION SOMETIMES GENERATES TWO OR THREE MORE INSPECTIONS IN ORDER TO, AND I THINK WE NEED TO TALK ABOUT THAT. IF IT'S GENERATING MORE THAN A COUPLE INSPECTIONS, THEN THERE SHOULD PROBABLY BE A REINSPECTION FEE FOR, FOR THAT TOO. SO THIS WAS GET THE CONVERSATION STARTED TO SEE WHAT YOU, UM, WHAT THIS BODY WANTS TO, WANTS TO DO. YEAH. AND, AND TO, JUST AS PART OF, PART OF THAT, UM, YOU KNOW, WHEN I, WHEN WE LOOKED AT THE, UM, HOW MANY ACTUAL APARTMENTS WERE INSPECTED OVER THE LAST YEAR, IT'S, IT'S, IT'S GONNA BE IMPOSSIBLE FOR ONE OR TWO PEOPLE TO CATCH UP, LET ALONE MM-HMM . MOVE FORWARD. SO THE IDEA BEHIND THIS IS TO LET'S GET A COMPANY IN IF THERE IS ONE OUT THERE TO COME AND HELP US CATCH IT UP. AND THEN AT THAT POINT, TAKE A LOOK AT IT, UH, WITH SOME OF THE SUGGESTIONS THAT WE HEARD HERE TODAY. I HAVE A COMMENT AS PART OF THE CONVERSATION IF I MAY MM-HMM . I'VE BEEN DOING THE MATH AS YOU'VE BEEN TALKING AND THROWING OUT THE NUMBERS OVER YEAR, YOU KNOW, AT 4,000 UNITS AND A THIRD OF THOSE HAVE TO BE DONE. SO IT WAS LIKE 1,333. UM, AND THEN IT WAS BASICALLY, I GOT IT DOWN TO ONE PERSON HAS TO DO FIVE OR SIX INSPECTIONS PER DAY, AND THEN IF THAT RENDERS TIMES THREE, THAT WOULD BE 15 TO 18 INSPECTIONS PER DAY FOR THAT ONE PERSON. SO YEAH, IT'S GETTING REALLY BOGGY THERE. I'M LOOKING OVER AT YOU COUNCILWOMAN CRAWFORD THINKING, HMM. YES. BUT BANKS DON'T GET TO CHOOSE WHO APPRAISES THE PROPERTY. THEY HAVE TO HAVE AN INDEPENDENT APPRAISER COME IN. AM I RIGHT? I KNOW YOU HAVE A STRONG REAL ESTATE BACKGROUND. THEY USED TO CHOOSE BUT THEY DON'T ANYMORE. ACTUALLY USED TO CHOOSE. YEAH. YEAH. BUT THEY DON'T ANYMORE, WHICH I THINK IS THE RIGHT WAY TO DO IT. YEAH. SO, UM, I DON'T WANNA GET BOGGED DOWN, BUT I DO SEE AN ABSOLUTE NEED TO HAVE MORE INSPECTORS, HOWEVER WE CAN GET THEM AND ROLL IT OUT. IT'S NOT UNCOMMON FOR BIG CITIES TO HAVE THE, THE ABILITY FOR THIRD PARTY INSPECTORS FOR FOR THE, FOR THE ACTUALLY FOR THE, AND I'M NOT SAYING THAT WE SHOULD GO THIS WAY AT ALL, BUT ALMOST THAT THEY GET FORCED. THESE BIG, THESE RENTALS WILL HAVE TO ACTUALLY GET THEIR OWN THIRD PARTY. THERE IS NOT A CHOICE TO GO WITH THE CITY. THEY HAVE TO GET THEIR OWN AND THEY HAVE TO PICK, YOU KNOW, THEY, HERE YOU HAVE TO HAVE IT INSPECTED. HERE'S A COUPLE, HERE'S FIVE COMPANIES. RIGHT. JUST, WELL IT'S, IT'S, IT'S LIKE THE ELECTRICAL IN WEST VIRGINIA. THAT'S RIGHT. YOU, IT'S NOT, IT'S A COMPLETELY SEPARATE. SO, SO AS A FOLLOW UP TO THAT, AND IT PROBABLY IS, IT PROBABLY IS A WAY TO CATCH UP, IS TO PUT PLACE THE BURDEN ON THE LANDLORD TO ACTUALLY HIRE THE COMPANY AND PROVIDE US THE REPORT. BUT AS A WAY TO CONTROL EVEN WHO THE COMPANY IS. YOU CAN HAVE A PRE-SCREENING AND QUALIFICATION PROCESS TO SAY, IF YOU WANNA DO THIS IN THE CITY OF MARTINSBURG, THEN HERE ARE THE COMPANIES THAT WE'RE GOING TO ALLOW YOU, YOU KNOW, YOU SET STANDARDS FOR WHAT THE, WHAT THE MM-HMM . COMPANY IS LICENSED, INSURED, ALL THAT STUFF. CERTAIN [00:35:01] QUALIFICATIONS TO MAKE SURE THAT THE PERSON'S ACTUALLY INSPECTING AS THE QUALIFICATIONS TO DO SO. HAVE A PRE-APPROVED LIST LIKE WE PROVIDE ELECTRICAL INSPECTORS. AND I THINK THAT'S, I MEAN THAT IS ONE OF, IT'S NOT THE SOLE SOLUTION. IT'S ONE OF THE MYRIAD OF SOLUTIONS TO, TO GET THIS. IF, IF THE PROGRAM IS SOMETHING THAT'S IMPORTANT TO COUNCIL THE BOTTOM. MM-HMM . SO ARE THERE ANY MORE? BUT THIS SEEMS LIKE IT COULD BE A GOOD JUMPING OFF POINT. YES, ABSOLUTELY. JUST START THAT PROCESS. VERY. ANY OTHER QUESTIONS? IF NOT, I'LL LOOK FOR A MOTION TO APPROVE OR DENY. MOTION TO APPROVE. SECOND. THE I HAVE A SECOND. QUESTIONS HAVE BEEN ANSWERED. ALL IN FAVOR? AYE. AYE. THOSE OPPOSED. MOTION TO APPROVE. APPROVE OR DENY CONTRACT RENEWAL WITH BOLEY MECHANICAL CONTRACTING. LLC FOR CITY HALL PREVENTATIVE MAINTENANCE. $12,000. MOVE TO PROOF. SECOND. I HAVE A SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. AYE. THOSE OPPOSED? APPROVE AND DENIED DONATION TO SURPLUS POLICE VEHICLES TO BERKELEY COUNTY SCHOOLS SCHOOL SAFETY OFFICER PROGRAM. MOVE TO PROOF SECOND. MOTION SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. AYE. OPPOSED? OPPOSED. APPROVE AND DENY FIRE AND POLICE SELECTION. P-F-P-S-I AGREEMENT WITH ENTRY LEVEL CIVIL SERVICE EXAMINATIONS. MOVE TO APPROVE. HAVE A MOTION. SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. THOSE OPPOSED CCTV INSPECTION AND ASSET MANAGEMENT SOLUTIONS? DO I NEED APPROVAL FOR THAT? YES. OKAY. IT'S A CONTRACT. I NEED APPROVE OR DENY THAT MOVE TO APPROVE. SECOND. ANY QUESTIONS? ALL IN FAVOR? AYE. AYE. THOSE OPPOSED? APPROVE AND DENY TASK ORDER 0 3 8 WITH CEC FOR CONSTRUCTION AND BID DOCUMENTS FOR APPLE HARVEST. ROUTE NINE. PEDESTRIAN RAIL BRIDGE. MAYOR, I'M GOING TO RECUSE MYSELF FROM VOTING ON THIS. OKAY. TO DO CONSULTING WORK, MOVE TO APPROVE TASK ORDER NUMBER 0 3 8. SECOND. ANY QUESTIONS? YES. ONE SMALL QUESTION. HAS THERE BEEN ANY CONSIDERATION TO INCLUDING IN THE PAINTING, WHICH WOULD APPARENTLY BE IN ADDITION, UH, TO HAVE A MARTINSBURG LOGO PUT OVER? LOTS OF COMMUNICATION ON WHAT TO PUT ON THAT PAGE. OKAY, ? YES. THERE'S NOTHING SPECIFIC. ALL IN FAVOR? AYE. AYE. THOSE OPPOSED? UH, MOTION TO ADJOURN. SO MOVED. WE'RE DONE. THANK YOU. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.