HUNTINGTON -- For the second time in 18 months, Huntington City Council has failed to muster enough votes to override Mayor David Felinton's veto of an ordinance asking the public to vote on the creation of a new city charter.
At least one council member now says the mayor's veto powers likely will be challenged in court.
The council voted 5-4 Tuesday to override the mayor's veto. According to the city charter, eight votes are needed to override a veto.
Voting to uphold the veto were council members Jim Insco, Teresa Loudermilk, Frances Jackson and Scott Caserta. Council members Cal Kent and Mary Neely were absent.
The ordinance would have placed on the 2008 general election ballot a referendum asking the charter question.
It also would have set in motion the establishment of a charter review board. In the general election, residents would have elected 11 people to the board.
The board would have been responsible for drawing up a new charter that would be voted on by the public during a special election paid for by the city. Council members estimated the special election would have cost about $100,000.
There was little discussion about the ordinance before the vote. But Councilman Jim Ritter, the sponsor of the ordinance, said the mayor's veto powers will probably be challenged in circuit court. He said Felinton should not be allowed to veto the ordinance, because asking the public to reframe the charter is provided under state law.
There was no discussion about whether public money would be used to hire an attorney, but Councilman Garry Black said Monday that a local lawyer is willing to represent the council for free.
Felinton, who missed the meeting to attend a conference, has cited a 1991 state Supreme Court decision based on a case in Cabell Circuit Court. In its ruling, the high court said that Huntington's city charter implies that the mayor has the authority to veto any ordinance or resolution adopted by council.
Here's a look at other council issues addressed by the council Tuesday:
HOPE VI GRANT: The council unanimously adopted a resolution approving the submission of a HOPE VI Revitalization Program Grant application to the U.S. Department of Housing and Urban Development. The Huntington Housing Authority is asking for $12 million from the federal program, which aims to replace decaying housing projects and give residents the opportunity to purchase homes.
The Housing Authority wants to use the funds to replace the 79 high-density units at the Washington Square housing complex along 8th and Artisan avenues with 38 new units at that location and 61 more units in other parts of the city.
DILAPIDATED HOUSING: The council moved an ordinance that would fine property owners who don't secure or take care of their abandoned property to a third reading. The ordinance requires a third reading because material changes were made to it during the second reading, Councilman Jim Insco said. The council is set to vote on the ordinance at its Nov. 27 meeting.
SEWER ORDINANCES: The council unanimously approved three Huntington Sanitary Board contracts totaling more than $110,000 to study portions of the sewer system and figure out what is needed to fix them. All three studies are included in the board's long-term sewer system control plan.
FLOODWALL ART: The council unanimously approved a budget resolution authorizing an $18,000 donation to the Young Professionals Committee for a concrete art project that will be displayed on the floodwall near the 10th Street entrance to Harris Riverfront Park.
Administration and Finance Director Brandi Jones also said the Public Works Department has found money in its budget to fix all of the wooden benches at the park.
MISSING TOOLS: Insco said someone placed in his mailbox this week a Huntington Police report stating that $8,500 worth of tools were stolen from a mechanic's toolbox at the city garage last month. Insco brought up the issue last month and said there were rumors that as much as $40,000 worth of tools were stolen.
He also noted that the report stated the security cameras at the garage were not working and were pointed toward the ground at the time of the theft. Jones said the cameras were repaired the next day and are now in operation.
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