PROPOSED MINUTES
COUNCIL MEETING OFMARCH 22, 2005
Elkins City Council met in the Council Chamber of city hall at7:07 p.m. Tuesday, March 22, 2005. Present were: Mayor Judith A. Guye; Councilpersons: V. T. Broughton, T. P. Ditty, H. R. Elbon, A. G. Hamrick, V. K. Haynes, Jr., R. J. Malcolm, R. G. Nestor and C. L. Siler, II; City Clerk P. J. Graziani, Jr.; City Treasurer L. L. Crosston; City Attorneys J E. Busch and R. T. Busch. Cw D. G. George was absent.
NEW BUSINESS
Cm Elbon, seconded by Cm Haynes, MOVED COUNCIL SET THE LEVY RATE FOR FISCAL YEAR 2005/2006. A roll call being requested, the clerk read the roll:
Broughton - Yes Haynes - Yes
Ditty - Yes Malcolm - Yes
Elbon - Yes Nestor - Yes
George - Absent Siler - Yes
Hamrick - Yes
The motion carried.
(LEVY PAGE TO BE INSERTED HERE)
Cm Hamrick, seconded by Cm Haynes, MOVED COUNCIL APPROVE AN ACROSS-THE-BOARD PAY RAISE FOR ELIGIBLE EMPLOYEES OF TWO (2%) PERCENT FOR FISCAL YEAR 2005/2006. The motion carried.
Cm Hamrick, seconded by Cm Haynes, MOVED COUNCIL PAY SEVENTY-FIVE (75%) OF THE PROPOSED INCREASE IN THE PUBLIC EMPLOYEE INSURANCE AGENCY PREMIUM FOR PLAN B HEALTH INSURANCE COVERAGE. The motion carried.
The budget documents presented to council reflected a contribution of ten thousand ($10,000) dollars, to be paid in equal quarterly installments, to the Randolph County Development Authority. Since approval for the contribution was not unanimous, a vote on its inclusion in the final budget proposal was requested. A motion was duly made and seconded to BUDGET TEN THOUSAND ($10,000) DOLLARS TO LINE ITEM 001-421-568-002, AS A CONTRIBUTION TO THERANDOLPHCOUNTYDEVELOPMENT AUTHORITY. A roll call vote being requested, the clerk read the roll:
Broughton - No Haynes - Yes
Ditty - No Malcolm - Yes
Elbon - Yes Nestor - Yes
George - Absent Siler - No
Hamrick - Yes
The motion carried.
Cm Elbon, seconded by Cm Hamrick, MOVED COUNCIL ADOPT THE AMENDED LEVY ESTIMATE – BUDGET DOCUMENT FOR THE GENERAL AND COAL SEVERANCE FUNDS FOR FISCAL YEAR 2005/2006. A roll call vote being requested, the clerk read the roll:
Broughton - Yes Haynes - Yes
Ditty - Yes Malcolm - Yes
Elbon - Yes Nestor - Yes
George - Absent Siler - Yes
Hamrick - Yes
The motion carried
(LEVY ESTIMATE – BUDGET DOCUMENT TO BE INSERTED HERE)
Cm Broughton said he believed the meeting should be adjourned at this point. The only purpose of this meeting, he said, was to set the levy rate and adopt the levy estimates. Cm Siler agreed with Cm Broughton. But other council members disagreed, saying additional subject matter had been added to the agenda and should be acted upon. Cm Broughton, seconded by Cm Siler, MOVED TO ADJOURN THE MEETING. A roll call vote being requested, the clerk read the roll:
Broughton - Yes Haynes - No
Ditty - Yes Malcolm - No
Elbon - No Nestor - No
George - Absent Siler - Yes
Hamrick - No
The motion to adjourn did not carry.
Cm Broughton repeated his belief that no further votes should be taken, saying he believed the meeting was in violation of the Open Meetings Act and, therefore, illegal. He said the remaining subject matter should be acted upon by the new council. Several council members strongly disagreed, saying the meeting was scheduled on March 17 and the agenda posted timely. They said the current council held corporate authority until March 31. After considerable discussion, Cm Haynes, seconded by Cm Elbon, MOVED COUNCILVOTEONTHE REMAINING AGENDA ITEMS. A roll call vote being requested, the clerk read the roll:
Broughton - No Haynes - Yes
Ditty - No Malcolm - Yes
Elbon - Yes Nestor - Yes
George - Absent Siler - No
Hamrick - Yes
The motion carried.
Cm Hamrick, seconded by Cm Haynes, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 041, DEFINING ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE CITY’S HEALTH INSURANCE PLAN BY ITS ELECTED OFFICIALS, APPOINTED OFFICERS AND EMPLOYEES. The motion carried. The resolution is reproduced below:
“IN THE COMMON COUNCIL OF THE CITY OFELKINS,WV
March 22, 2005
A RESOLUTION OF COMMON COUNCIL
(No. R-041)
Defining eligibility requirements for participation in the City’s health insurance plan by its elected officials, appointed officers and employees.
WHEREAS,City of Elkins provides health insurance coverage to its elected officials, appointed officers and employees through membership in the West Virginia Pubic Employees Insurance Agency (PEIA); and
WHEREAS,PEIA requires full-time employment as an eligibility requirement to obtain health insurance coverage; and
WHEREAS,PEIA defines a full-time employee as one who works at least 20 hours per week or 1,040 hours per year; and
WHEREAS,PEIA also provides benefits to elected officials who work full-time in their elected position; now, therefore, be it
RESOLVEDthat Elkins Common Council deems its members are full-time elected officials who meet the eligibility requirements set forth by PEIA; and be it
FURTHER RESOLVEDthat any member of Elkins Common Council may obtain health insurance coverage by paying with their personal funds the full cost and expense of coverage; and be it
LASTLY RESOLVED AND ORDAINEDthat City of Elkins will not pay any portion of the cost or expense of health insurance premiums for members of Elkins Common Council.”
Nominations were made to fill the vacancy in First Ward Council created by the death of Clarence Dale Armstrong. The names put forth were Greg Schumacher, Al Varner and Bob Woolwine. The result of the first vote was as follows:
Broughton - Schumacher
Ditty - Woolwine
Elbon - Woolwine
Hamrick - Varner
Haynes - Woolwine
Malcolm- Varner
Nestor - Woolwine
Siler - Schumacher
The vote being Schumacher 2, Varner 2, and Woolwine 4, no nominee attained a majority vote.
The result of a second vote was as follows:
Broughton - Schumacher
Ditty - Woolwine
Elbon - Woolwine
Hamrick - Varner
Haynes - Woolwine
Malcolm- Varner
Nestor - Woolwine
Siler - Schumacher
The vote being Schumacher 2, Varner 2, and Woolwine 4, no nominee attained a majority vote.
The mayor recessed the meeting for 5 minutes.
The result of a third vote was as follows:
Broughton - Woolwine
Ditty - Woolwine
Elbon - Woolwine
Hamrick - Varner
Haynes - Woolwine
Malcolm- Woolwine
Nestor - Woolwine
Siler - Woolwine
The vote being Varner 1 and Woolwine 7, Robert A. Woolwine was appointed to fill the vacancy in First Ward Council.
The meeting recessed at9:50 p.m. The meeting will reconvene on the third Tuesday in April 2005, at which time, assuming receipt of a conditional approval from the state auditor, council will lay the levy rate and adopt the levy estimate for the fiscal year 2005/2006.
March 3, 2005 • 7 P.M.
1. CALL TO ORDER – ROLL CALL
2. INVOCATION AND PLEDGE OF ALLEGIANCE
3. AGENDA ADJUSTMENTS
a. Contractor bids for a water mainline extension to the property of the Randolph County Development Authority onRailroad Avenue.
b. AnApril 19, 2005special election for 3rd Ward council only, pursuant to Randolph County Circuit Court Civil Action No. 05-C-52.
4. PUBLIC COMMENT
5. CONSENT CALENDAR
a. Minutes of the regular meeting ofFebruary 17, 2005.
6. UNFINISHED BUSINESS
7. NEW BUSINESS
a. Proposed ordinance 027, establishing a policy to control backflow and regulate cross-connections in the water system, second and final reading.
b. Proposed ordinance 028, incorporating Bruce Street Extension into the city, second and final reading.
c. Employee travel
i. Rick Smith to a meter training seminar on March 22-24.
ii. Two water treatment plant employees to an equipment expo on March 24.
d. Request ofColonial Placeto sponsor its 7th Annual Memory Walk.
e. Executive session for discussion of pending litigation.
f. Schedule the canvass of the election.
8. COMMITTEE REPORTS
a. Building – Building permit applications, 2621 thru 2625.
9. MAYOR’S COMMENTS AND OTHER BUSINESS
10. ADJOURNMENT
