The Register-Herald, Beckley, West Virginia

June 17, 2009

City council takes action on Lamplighter Valley problems

Tina Alvey

LEWISBURG — A full year after Lamplighter Valley residents formally appealed to city officials for assistance, 30-day correction notices have been mailed to owners of partially finished houses in the neighborhood.

Lamplighter homeowners first began airing complaints some 2 1/2 years ago, but in June 2008, the group addressed the Lewisburg Planning Commission, demanding action against developer Donald Carter.

Among the problems cited by the residents were moldering house shells which had stood without roofing or siding for as long as two years and idle construction equipment which was apparently being stored on residential lots in violation of both the city zoning ordinance and homeowners’ covenants.

Despite assurances by Carter’s representatives in August that a timetable for repairs and remediation was being devised, the properties still remain unfinished and unsightly, according to the frustrated neighbors who spoke out at Tuesday evening’s city council meeting.

City Attorney Jesse Guills described the steps recently taken to legally resolve the problem.

“(City building inspector) Ken Tubbs did an on-site inspection of the properties with Mr. Carter’s attorney, and note was made of any defects and unsafe conditions,” Guills explained. “Then, a written notice, or complaint, was provided to the property owners.”

Those notices were mailed Tuesday, according to a status report the mayor provided.

Guills said the letters advised the offending property owners they have 30 days to correct all problems cited therein. Even though some of the repairs will probably take longer than a month to address, the attorney said, “We wanted to keep the pressure on them.”

He noted Tubbs recommended one partially constructed house in the upscale development be demolished, feeling it cannot be salvaged.

Councilman Wade McClure pointed out the city has demolished two residences in another neighborhood after providing similar legal notification to the property owners.

“When we talk about demolition, we’re pretty serious about doing that,” he added.

Tubbs said seven Lamplighter properties were inspected; six have structures on them. In addition to the problems with the houses, two of the lots were found to present safety concerns in connection with standing water and unsecured building materials, he said.

Homeowners association president Gary Knepp requested a copy of the inspection reports. “(The inspection) doesn’t seem to include all of the excavated lots,” he said. “Could we compare our list with the city’s?”

Mayor John Manchester instructed Tubbs to make himself available to tour Lamplighter with Knepp or his designee to identify additional questionable sites.

The mayor said the city also plans to report the inspection findings to the state Department of Environmental Protection. He said Tubbs will prepare a letter to DEP encompassing all erosion issues, including a troubling drainage ditch that is causing the roadway to begin to crumble.

In other business:

Council approved a bid of just over $528,000 from Welding Inc. to construct the Falling Springs (Renick) water line extension.

Council authorized the mayor to reject the Division of Highways’ proposal to install a traffic signal at the intersection of Brush Road and U.S. 219. DOH’s plan would leave Lewisburg with the responsibility for ongoing maintenance and electricity expenses for the signal, without lowering the speed limit on U.S. 219 or addressing several other concerns previously raised by city officials.

Council and various department heads honored outgoing council member Vivian Conly, who served on the governing body for eight years. Among the gifts presented to Conly were a small volume titled “Wade-isms to Live By,” a collection of memorable quotes uttered by fellow council member Wade McClure; logo-emblazoned shirts from both the police and fire departments; and a plaque commemorating her years of service to the city.

— E-mail: talvey@register-herald.com