PROPOSED MINUTES
REGULAR COUNCIL MEETING OF AUGUST 18, 2005
Elkins City Council met in regular session in the council chamber of city hall at 7:02 p.m. Thursday, August 4, 2005. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, T. P. Ditty, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, K. L. Wilmoth and R. A. Woolwine; City Clerk P. J. Graziani, Jr., City Treasurer L. L. Crosston, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilmen V. T. Broughton and H. R. Elbon and City Attorneys J. E. Busch and R. T. Busch were absent.
AGENDA ADJUSTMENTS
1. Approval of a service agreement for inspection of the Crystal Springs water tank.
2. Approval of a service agreement for cleaning of the Crystal Springs water tank.
PUBLIC COMMENT
Reneé Jensen, Davis Street resident, invited council members to attend a peace vigil being planned August 19. She then announced her intent to organize a petition drive to protest increases in water or sewer utility rates, saying she would defeat the rate increase initiatives. Captain Batdorf was informed by her that she intended to serve a Freedom of Information request upon him, requesting information relevant to the general operational policy and procedure of the police department; and, in particular, prescribed procedure for response to domestic violence claims; and, additionally, Material Safety Data Sheets for all chemical substances utilized by officers in the performance of their duties. Finally, she said she agreed with Dr. Khan’s assertion that relocation of the Department of Motor Vehicles (DMV) and the Department of Health and Human Resources (DHHR) to newly constructed facilities on U. S. Route 219, in the vicinity of Teter Motors, would result in a worsened traffic pattern in that immediate area.
Dr. Farukh Khan, 220 Bruce Street resident and owner of a medical facility at 1 Pleasant Avenue, urged council members not to adopt Proposed Ordinance No. 035, providing for a change of zoning classification from B-Residential to Commercial for an area abutting N. Randolph Avenue (U. S. Route 219 N). He inferred the proposed zoning change would result in additional future commercial activity in that immediate area which would negatively impact the quality of life for residents of both Bruce Street and Highland Park. Additionally, he asserted that increased vehicular traffic resulting from expansion of the commercial zone could simultaneously impede the timely response of emergency service vehicles and potentially endanger children riding school buses. Dr. Khan asked if a study had been undertaken to determine the impact of further commercial development upon existing residents. Lastly, he asserted that expansion of the commercial zone could result in increased property values in the immediate area that could change the benign residential character of the existing neighborhoods.
Attorney Frank P. Bush, Jr., with offices at 214 Davis Avenue, spoke on behalf of himself and in support of the issues raised by Dr. Khan. He said he believed in Elkins, and his community-mindedness motivated him to refurbish an existing downtown structure to house his law offices. He noted that a building permit had been issued for construction of two new buildings on the N. Randolph Avenue property in question, the intended use for which did not conform to the existing zoning regulation. He asked if consideration had been given to the motivation of the framers of the original zoning regulation in designating the property in question as B-Residential. If so, was the zoning change currently under consideration consistent with the intent of the original purpose of the framers? He asked if a traffic study had been undertaken to determine the impact of additional vehicular traffic on N. Randolph Avenue. He noted that inconsistent use was already being made of some of the land in close proximity to the area recommended for rezoning. He expressed concern about the effect the removal of both the DMV and DHHR offices could have on the core downtown area. The community could suffer inconvenience by the removal of the DHHR offices from the core downtown area. And he wondered what would become of Dr. Khan’s vacant building, which currently houses the DMV offices. The Doctor, he said, had spent hundreds of thousands of dollars to renovate his building for the use of DMV. Why grant the variance? What advantage accrued to the community if Dr. Khan’s building sets vacant and idle? Council members should help people by thinking of the greater good of the community. He suggested that City of Elkins build a facility for the use of the State agencies, and then the people could reap the multiyear returns on the investment. Finally, he encouraged council members to pursue the common public good in a moral and ethical manner.
CONSENT CALENDAR
Cm Beckwith, seconded by Cw Wilmoth, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF AUGUST 18, 2005 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Proposed ordinance 022, amending the Sewer Rate Tariff, was not considered. Uncertainty arising from the potential for a change in financing assumptions had not yet been resolved.
NEW BUSINESS
Cm Ditty, seconded by Cm Hensil, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A SERVICE AGREEMENT FOR INSPECTION OF THE CRYSTAL SPRINGS WATER TANK. The motion carried.
Cm Hensil, seconded by Cm Ditty, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A SERVICE AGREEMENT FOR CLEANING OF THE CRYSTAL SPRINGS WATER TANK. The motion carried.
Cm Woolwine, seconded by Cm Beckwith, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 051, SUPPORTING THE INCLUSION OF U.S. ROUTE 33 AS A CIVIL WAR TRAIL. The motion carried.
Cw Wilmoth, seconded by Cm Bibey, MOVED THAT COUNCIL APPROVE EMPLOYEE TRAVEL, AS REFLECTED ON THE AGENDA. The motion carried.
Cm Beckwith, seconded by Cm Hensil, MOVED COUNCIL APPROVE SPECIAL TRAINING FOR EMPLOYEES WHO, AS A REQUIREMENT OF THEIR EMPLOYMENT, MAY HAVE TO WORK IN CONFINED-SPACE AREAS, AND, FURTHER, THAT ATTENDANCE AT THE SPECIAL TRAINING BY THESE EMPLOYEES BE A REQUIREMENT OF EMPLOYMENT. The motion carried. [Cost to provide the special training was estimated at $400, and employees will be compensated at their regular rate of pay for the duration of their attendance.]
Cm Hensil, seconded by Cm Metheny, MOVED THAT COUNCIL GRANT THE REQUEST OF JEFFERY C. KIESS TO ALLOW THE INTERSECTION OF A PRIVATE ROAD WITH GILMORE STREET, AT ITS INTERSECTION WITH ERVIN LANE. The motion carried.
Cm Metheny, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 036, ASSIGNING THE NAME ‘MARTIN STREET’ TO THE EXTENSION OF 4TH STREET THAT WILL ACCESS THE PROPERTY OF THE FORMER RAILROAD YARD, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.
Cm Bibey, seconded by Cm Ditty, MOVED THAT COUNCIL ACCEPT THE RESIGNATION OF RONALD R. ‘SPIKE’ DRESSLER. The motion carried.
Cm Metheny, seconded by Cm Ditty, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A SERVICE AGREEMENT WITH THE FIRM OF GANNET FLEMING TO UNDERTAKE AN INSPECTION AND EVALUATION OF THE 11TH STREET INTAKE DAM. The motion carried.
Cm Bibey, seconded by Cm Beckwith, MOVED COUNCIL GRANT THE REQUEST OF MASTERPIECE, INCORPORATED DBA BEANDER’S AT DUE NORTH TO TEMPORARILY CLOSE THE ALLEY NEXT TO ITS BUSINESS PREMISES AT 314 DAVIS AVENUE FROM 8 A.M. TUESDAY, OCTOBER 4 UNTIL 6 P.M. ON SUNDAY, OCTOBER 9, FOR THE PURPOSE OF PROVIDING FOOD, LEGAL BEVERAGES AND LIVE ENTERTAINMENT DURING THE MOUNTAIN STATE FOREST FESTIVAL. The motion carried.
Cm Malcolm, seconded by Cm Metheny, MOVED THAT PROPOSED ORDINANCE 035, CHANGING THE ZONING CLASSIFICATION OF AN AREA OF N. RANDOLPH AVENUE FROM B-RESIDENTIAL TO COMMERCIAL, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.
Cm Metheny, seconded by Cm Ditty, MOVED COUNCIL ENTER EXECUTIVE SESSION, PURSUANT TO WEST VIRGINIA CODE §6-9A-4(9), FOR CONSIDERATION OF THE PURCHASE OF PROPERTY. The motion carried.
Council entered executive session at 7:45 p.m.
Council resumed regular session at 8:24 p.m.
Mayor Guye said no decisions had been made, nor had any actions been taken.
Cm Ditty, seconded by Cm Metheny, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE AN AMENDED 5-YEAR LEASE WITH OPTION TO PURCHASE AGREEMENT WITH GROVER C. JACKSON, JR. FOR REAL PROPERTY LOCATED 917 S. RAILROAD AVENUE. The motion carried. [The property is more specifically identified as Lots 665, 666, 667 and 668 of Block 48 of the Valley Improvement Company Addition, together with the building situate thereon (Tax Map 17; Parcel 44)].
COMMITTEE REPORTS
BUILDING
The Committee received 18 building permit applications since the last meeting of council, 2792 to 2809. Acting upon recommendation of the building inspector, the Committee approved all applications; however, Application 2806 will require the final approval of the building inspector before the permit will be released.
Cm Malcolm, seconded by Cm Metheny, MOVED THAT COUNCIL GRANT THE 18 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny said an office on the 3rd floor of city hall, recently vacated by the Red Cross, was being considered for utilization by council members.
PERSONNEL
Cw Wilmoth said the Committee would evaluate the compensation structure for employees of the utility billing office after the implementation of monthly billing.
PUBLIC SAFETY
Cm Bibey said an entry-level test for police officers would be administered in September.
Until clarification can be obtained as to the cost of housing city prisoners in the county’s bailiff cell, Elkins will transport its prisoners directly to and from the Regional Jail.
Municipal judges will arraign municipal prisoners at the Randolph County Judicial Annex, using the Magistrate Court dedicated audio/video link to the Regional Jail.
In the normal course of operations, there are only 2 police officers on duty between 10 p.m. and 6 a.m. It may be necessary to contract for the services of prisoner transportation officers to convey persons arrested during those hours to the Regional Jail. It would be necessary to have access to the services of both a male and female transportation officer.
PARKS
The Parks and Recreation Commission received a Recreation Trail Grant.
Work continues on the pedestrian bridge that will connect Riverbend Park with Lower Glendale Bottom.
WATER
Consideration is being given to ultimately removing the Crystal Springs water tank from service, upon construction of a new water treatment plant.
The outer wall of the water treatment plant is leaking and is in need of reinforcement and repair. The completion of the construction work will result in the need for new filter media in Filter Pit No. 4. Costs of repair are currently estimated to be in the range of $20,000-$30,000.
OTHER BUSINESS
Fire Chief Meader said the E-911 Communication Center cannot communicate with the volunteer firemen’s pagers, due to a radio signal frequency incompatibility. The problem is correctable, and the volunteer association intends to underwrite the cost.
Elkins Fire Department has been designated the No. 3 backup emergency dispatch center if the E-911 Communication Center becomes inoperable.
The meeting adjourned at 8:50 p.m.
