PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JULY 7, 2005
Elkins City Council met in regular session in the council chamber of city hall at 7:08 p.m. Thursday, July 7, 2005. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, T. P. Ditty, H. R. Elbon, 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; City Attorney R. T. Busch; Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman V. T. Broughton and City Attorney J. E. Busch were absent.
AGENDA ADJUSTMENTS
1. Proposed ordinance 032, Sylvester Drive paving assessments.
PUBLIC COMMENT
Steve Capps, 903 S. Henry Avenue, said he had been issued a citation by the city’s code enforcement officer. The citation resulted from Capps’ failure to remove from his property a motor vehicle the code enforcement officer perceived to be derelict. Capps demanded that he be granted a formal hearing to be recorded by an independent court reporter. Mayor Guye consulted the city attorney and responded that a hearing would be scheduled.
Dave Rao, 909_ S. Henry Avenue, again voiced his belief that the 2003 municipal general election was illegal.
CONSENT CALENDAR
Cm Beckwith, seconded by Cm Elbon, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JUNE 16, 2005 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
There was none.
NEW BUSINESS
Cm Elbon, seconded by Cm Woolwine, MOVED THAT COUNCIL GRANT THE REQUEST OF THE MOUNTAIN STATE FOREST FESTIVAL ASSOCIATION, INC. TO SERVE LEGAL ALCOHOLIC BEVERAGES AT THE OCTOBER 8, 2005 CABARET. The motion carried. [Council adopted the motion on the understanding that legal alcoholic beverages would be provided at no cost to attendees of the Cabaret.]
Cm Hensil, seconded by Cm Malcolm, MOVED THAT COUNCIL GRANT THE REQUEST OF THE ELKINS CHURCH OF THE NAZARENE TO TEMPORARILY CLOSE A PORTION OF LINCOLN AVENUE ON JULY 29-30. The motion carried.
Cm Ditty, seconded by Cm Hensil, MOVED THAT COUNCIL DESIGNATE MIKE BARKLEY AS VOTING DELEGATE AND HAROLD SMITH AS ALTERNATE DELEGATE TO THE WV RURAL WATER ASSOCIATION’S 20TH ANNUAL MEETING AT CANAAN VALLEY RESORT ON SEPTEMBER 12, 2005. The motion carried.
Cm Ditty, seconded by Cm Hensil, MOVED THAT COUNCIL APPROVE TRAVEL TO CLARKSBURG FOR A WATER FUND EMPLOYEE TO ATTEND A TRAINING SEMINAR TITLED COMPLIANCE WITH SURFACE WATER TREATMENT REGULATIONS. The motion carried.
Cm Beckwith, seconded by Cm Metheny, MOVED COUNCIL APPROVE THE APPOINTMENT OF DINAH TOMBLYN TO THE BOARD OF THE ELKINS-RANDOLPH COUNTY PUBLIC LIBRARY FOR A 5-YEAR TERM TO COMMENCE JULY 1, 2005. The motion carried. [The mayor noted that the library’s annual report had been received and was on file in the office of the City Clerk.]
Cm Elbon, seconded by Cm Hensil, MOVED THAT THE MAYOR BE AUTHORIZED TO EXECUTE AN ANNUAL MAINFRAME COMPUTER SOFTWARE MAINTENANCE AGREEMENT WITH ACS GOVERNMENT SYSTEMS. The motion carried.
Cm Bibey, seconded by Cm Malcolm, MOVED COUNCIL ACCEPT, WITH REGRET, THE RESIGNATIONS OF POLICE DEPARTMENT PATROLMEN MICHAEL S. COBERLY AND RICHARD K. SWISHER. The motion carried.
Cm Metheny, seconded by Cm Elbon, MOVED THAT COMPETITIVE BID REQUIREMENTS BE WAIVED TO ALLOW THE PURCHASE OF A 2006 CROWN VICTORIA POLICE CRUISER AT STATE BID PRICE, AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ENTER INTO A LEASE/PURCHASE AGREEMENT TO FINANCE THE ACQUISITION. The motion carried.
Cm Woolwine, seconded by Cm Elbon, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH THE WEST VIRGINIA OFFICE OF ECONOMIC OPPORTUNITY TO OBTAIN EMERGENCY SHELTER GRANTS PROGRAM FUNDING FOR THE BENEFIT OF THE RANDOLPH COUNTY HOMELESS SHELTER AND WOMEN’S AID IN CRISIS. The motion carried.
Cm Metheny, seconded by Cm Ditty, MOVED COUNCIL APPOINT JOSEPH BIOLA TO THE ELKINS-RANDOLPH COUNTY AIRPORT AUTHORITY. The motion carried. [Biola replaced Jim Parsons.]
Cm Beckwith, seconded Cm Hensil, MOVED COUNCIL GRANT THE REQUEST OF H. W. DANIELS POST NO. 29, THE AMERICAN LEGION, TO TEMPORARILY CLOSE A PORTION OF 4TH STREET ON AUGUST 28 FROM 9 A.M. TO 2 P.M., FOR THE POST’S ANNUAL PICNIC. The motion carried.
Cm Malcolm, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 022, AMENDING THE SEWER RATE TARIFF, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 032, TO PAVE SYLVESTER DRIVE, FROM ITS INCEPTION ON SCOTT FORD ROAD TO ITS TERMINUS AT ALEXANDER AVENUE, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried. [Cm Beckwith said he and Cm Woolwine had canvassed and spoken to all but two of the owners of property abutting Sylvester Drive and that approximately 54% of them were in favor of proceeding with the project. Cm Metheny was assured the city did not assume any financial responsibility if the project did not proceed to completion.]
COMMITTEE REPORTS
BUILDING
The Committee received 19 building permit applications since the last meeting of council, 2746 to 2764. Acting upon recommendation of the building inspector, the Committee approved 17 applications. Applications 2763 and 2764 were conditionally approved. Those applications will not be finally approved and released by the building inspector until zoning related issues are resolved. If zoning related issues cannot be resolved then the two applications will be denied.
Cm Malcolm, seconded by Cm Ditty, MOVED THAT COUNCIL GRANT THE 19 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny, seconded by Cm Hensil, MOVED THAT CONCRETE CONTRACTOR BIDS BE SOLICITED FOR REPLACEMENT OF THE SIDEWALK ON RAILROAD AVENUE BETWEEN 4TH STREET AND THE PROPERTY LINE OF THE RANDOLPH COUNTY SENIOR CENTER, AND FOR REPAIR OF THE PORTION OF THE SIDEWALK ON 2ND STREET BETWEEN MARY’S LANE AND KERENS AVENUE. The motion carried.
Cm Metheny, seconded by Cm Ditty, MOVED THAT COUNCIL APPROVE A GENERAL CLEANUP AND REMOVAL OF DEBRIS FROM THE EMBANKMENT OF FLOOD CONTROL ROAD. The motion carried.
The Committee is assessing the state of disrepair of city hall’s roof and a portion of the sidewalk at the fire hall.
Approximately $2,500 will be expended for security locks for police department office areas.
STREETS
The annual street patching and paving project was completed at a cost of $66,003.45.
WATER
The Committee’s semi-annual planning meeting was scheduled for July 11 at 11:30 a.m. at C. J. Maggies.
OTHER BUSINESS
Cebridge Connections Peter Brown will meet with interested council members at 10 a.m. on July 13 in the Mayor’s office. Cable television will be the topic of conversation.
Cm Elbon, seconded by Cm Metheny, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF A MATTER OF POTENTIAL LITIGATION. The motion carried.
Council entered executive session at 8:40 p.m.
Council resumed regular session at 9:03 p.m.
The mayor said no decisions were made nor were any actions taken.
The meeting adjourned at 9:05 p.m.
