PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JUNE 2, 2005
Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, June 2, 2005. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, 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 Attorneys J. E. Busch and R. T. Busch; and Police Captain J. E. Batdorf.
AGENDA ADJUSTMENTS
1. Proposed ordinance 031, providing for a civil proceeding against the landowner of a building subject to a demolition order issued by the Enforcement Agency.
2. Davis and Elkins College capital construction project.
3. Planning Commission recommendation for naming habitable alleyways, in conjunction with the Enhanced-911 mapping and addressing initiative.
4. Circuit Court of Randolph County Civil Case No. 05-C-102, Mary’s Greenhouse v. City of Elkins.
PUBLIC COMMENT
David Rice, a codirector of Randolph County’s Enhanced-911 program and a Montrose resident, expressed his personal belief that city officials should begin now to plan for the future expansion of Randolph Avenue to a 3-lane road between the All Veterans Memorial and the McDonalds restaurant at 11th Street.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Metheny, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF MAY 19, 2005 AS CORRECTED. The motion carried.
UNFINISHED BUSINESS
[Resolution 045 was adopted at the meeting of May 19, 2005. It expressed the support of Elkins Common Council for the fair, equal and impartial treatment of all personnel to be hired as Randolph County Enhanced-911 emergency dispatch employees. The Personnel Committee, it was said, discussed making a recommendation to withhold payment of the city’s $25,000 annual appropriation to the operation of the E-911 dispatch center, as an expression of support for the mayor’s effort to obtain fair and equal treatment of city dispatchers. Finally, the members decided to wait for the next commission meeting, when the commissioner’s would make public the hiring policy for E-911 dispatchers. It was also confirmed that the initial disbursement of the funds appropriated would not be made without the affirmative direction of council members. The city clerk was instructed to add the subject matter of Enhanced-911 funding to the next agenda. Subsequent to that council meeting the Randolph County Commission publicly stated that all former dispatchers, whether county or city employees, would be treated in a nondiscriminatory manner.]
The mayor and some council members expressed satisfaction with the Commission’s stated intent to treat all former dispatchers in a nondiscriminatory manner. Cm Broughton, seconded by Cm Elbon, MOVED CONSIDERATION OF CHANGES TO THE FISCAL YEAR 2005/2006 GENERAL FUND BUDGET APPROPRIATION OF $25,000 FOR THE ENHANCED-911 COMMUNICATIONS CENTER BE POSTPONED INDEFINITELY. The motion carried.
Considerable discussion of the proposal to initially improve Sylvester Drive ensued. Among discussion points developed were the following.
• The Street Committee recommended that the process proceed.
• Firm contractor bids for completion of the project had not yet been secured. The project cost data that accompanied the petition of property owners, presented at the meeting of May 5, was merely informational.
• Upon advice of the city attorney, it was determined that firm contractor bids to complete the project had to be obtained.
• The law would not require a new petition of abutting property owners after receipt of firm contractor bids for completion of the project. The attorney confirmed that a second petition by abutting property owners would not be binding on council.
• The adequacy of drainage was questioned by one member, based upon information provided to him.
• While there would be some open drainage, it would not be in the form of a mere open ditch; instead, it would have a rounded elevation, a swell that could be mowed.
• The component of the engineering plan to collect and divert storm water runoff to the river was not precedent setting. The Tygart Valley River receives storm water runoff from at least three other inflow locations, the Riverview, Edgewater, and Easy Street Subdivisions.
• It was suggested that when firm contractor project bids were in hand the two First Ward councilmen informally canvass abutting property owners, informing them of their proportionate share of the total cost and determining whether the improvement project should continue, based upon a majority of ownership of abutting footage.
Cm Woolwine, seconded by Cm Beckwith, MOVED COUNCIL DIRECT THAT AN ADVERTISEMENT BE PUBLISHED TO OBTAIN FIRM CONTRACTOR BIDS FOR THE COMPLETION OF THE INITIAL IMPROVEMENT OF SYLVESTER DRIVE, AND, ADDITIONALLY, THAT ABUTTING PROPERTY OWNERS THEN BE INFORMALLY CANVASSED TO DETERMINE IF A MAJORITY STILL DESIRES TO PROCEED WITH THE PROJECT. The motion carried.
A revision of the General Fund Levy Estimate – Budget Document was approved at the meeting of May 19. The revision was accomplished by adoption of Resolution No. 046, dated May 19, 2005.
NEW BUSINESS
Cm Ditty initiated a discussion, saying council members should become familiar with and discuss the factors that, in his opinion, indicate the city could benefit by having a clerk of the works, or public works director. He said he knew the term public works director was not popular, but he believed the public did not understand the real need to be filled. The position of mayor is not a fulltime; council members do not run departments at an operational level. Elected officials are not micromanagers. Managerial instability results from our form of government. The mayor and half the council members stand for election every two years. It is difficult for a council to do the kind of intermediate- and long-range planning necessary for the successful operation of a proactive, modern-day municipal government. A public works director could determine, prioritize, and oversee daily operational needs, making the most effective and efficient use of personnel and equipment. He would be to operational matters what the city clerk is to informational and financial matters: a point of contact to which instruction can be given and from which information can be obtained. Answering to the mayor, the public works director would control operational matters and work with the city clerk on budgetary and other financial matters. A job description for public works director was created several years ago. Points of further discussion included the following.
• The longstanding need for someone with the authority to take control of and accomplish operational requirements, possibly working through existing supervisors.
• Existing supervisors could be left in place, or they could be designated working foremen.
• The source of funding for the position and the fringe benefits that might be associated with the position could be determined at a later time. However, it was posited that top dollar might not have to be paid to obtain the desired skills. An engineer would not be necessary; instead, a contractor or an experienced manager of men might be sufficient.
• Discussion should be deferred until the city can determine new costs to be incurred by commencement of operations at the Regional Jail and Enhanced-911 emergency dispatch center.
• Elkins has tried the concept before. None of the pervious four public works directors was successful, since the position was always a political one. Protections from political interference should be built into the position. Give an initial 2-year term to the position.
• Manpower in city departments has decreased in recent years. The street department employed 16 men 25 years ago but only 9 today. Operational personnel need to be better supervised.
• Many members want additional information before making any decision.
• The process won’t be easy. It may take a year to accomplish something, but council members should start talking among themselves and discussion should continue at future meetings, until a plan is formulated.
The mayor referred the subject matter to the personnel committee for consideration. The committee will eventually make a recommendation to full council.
Proposed resolution 046 authorizes application for a Division of Natural Resources matching-fund litter control grant. If approved, the grant would provide partial funding to erect 200’ of 10’ chain link fence on Haddix Road. The fence would protect our source of drinking water, the inlet portion of the flood control impoundment, from contamination by illegal dumping. If awarded, the grantor would provide $3,000 cash to be matched by $5,000 of city cash or in-kind. Cm Ditty, seconded by Cm Broughton, MOVED COUNCIL AUTHORIZE APPLICATION FOR AN $8,000 MATCHING-FUND GRANT FOR LITTER CONTROL. The motion carried.
The enforcement agency as a body or such of its members as may be designated shall have authority to investigate dwellings and building conditions and conduct hearings. If, upon inspection by the enforcement agency of the property against which a complaint is made, it is its finding that the property is unsafe, unsanitary, dangerous or detrimental to the public welfare, the enforcement agency shall cause its findings as to the conditions of such property and its recommendation as to whether the dwelling or building should be repaired or demolished to be made in writing and filed with the records of the enforcement agency. The agency may eventually cause the property to be demolished. Cm Metheny, seconded by Cm Ditty, MOVED PROPOSED ORDINANCE 031, PROVIDING FOR A CIVIL PROCEEDING AGAINST THE LANDOWNER OF A BUILDING SUBJECT TO A DEMOLITION ORDER ISSUED BY THE ENFORCEMENT AGENCY, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried. Some issues discussed prior to the vote were:
• A civil action could be instituted to force a sale of the property to recover the city’s cost of demolition.
• The property could not be sold prior to demolition.
• The demolition of a few problem structures could set a good precedent. Landlords would know the city was serious about property maintenance.
• The responsibility for demolition should be that of the property owner, not the city. How does the city obtain title to sell the property? It must have a demolition order to obtain a judgment lien.
• The ordinance should be passed now. The attorney can tweak it in the future, if necessary.
• Are resources available to fund the demolitions? Yes, the mayor said.
• We need more legal ‘teeth’ to enforce the existing measure.
Davis and Elkins College will soon begin construction of a new gymnasium, at an estimated cost of $5,000,000. College officials requested that the city waive either the building permit fee, estimated to be in excess of $11,000, or an undetermined amount of the Business and Occupation Tax to be collected from the project contractors. The request was discussed briefly, but Council was not inclined to waive any fees or taxes. Considerable support was expressed for the college, and it was acknowledged that the community in general would benefit from the new facility. However, the members did not want to establish the precedent of waiving fees or taxes for one entity or group to the exclusion of others. One observation made during the discussion was that the city funds several outside organizations (i.e. the library, the health department, the rescue squad, etc.) The college, after paying requisite fees or taxes, could request a one-time donation from the city. If such a request was received, the mayor would refer it to the finance committee for consideration and recommendation.
The State Legislature created the West Virginia Statewide Addressing and Mapping Board in 2001 to enable city-type addressing in rural areas of the state for Enhanced-911 service. A city-type address, such as 401 Davis Avenue, clearly identifies where a telephone is physically located when dialing 9-1-1. Current rural postal addresses do not provide this location information. The current understanding of the Board’s requirements indicates that habitable alleyways within the city limit should be uniquely designated; they should be named just a city streets are. The Planning Commission has prepared a list of alleys to be designated and suggested names to be assigned. The city attorney will prepare the necessary ordinance.
COMMITTEE REPORTS
BUILDING
The Committee received 16 building permit applications since the last meeting of council, 2713 to 2728. Acting upon recommendation of the building inspector, the Committee approved all applications. Permit application 2686 has not yet been acted upon.
Cm Malcolm, seconded by Cm Broughton, MOVED THAT COUNCIL GRANT THE 16 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
In response to her question, Cw Wilmoth was informed that it was permissible for persons other than property owners to apply for building permits.
MUNICIPAL PROPERTY
The Committee continued to assess increased security needs in the police department office area.
SANITATION/LANDFILL
Cm Broughton reported the landfill had been inspected by regulators, and, on the whole, the inspection went well. Great improvement had been made since the last inspection, but the leachate pond was still an issue requiring attention. The Committee will meet as soon as the inspection report is received.
STREETS
Cm Hensil said City of Elkins and the Randolph County Development Authority had determined to enter into a cooperative venture that would make possible the widening of Railroad Avenue. The Authority will make available to the City a strip of land between the former railroad depot and the Darden Mill Building. The strip of land will be 6’ to 10’ in width. The City will then remove the curb on the west side of Railroad Avenue, complete necessary excavation, and pave the newly expanded portion of the street.
WATER
Elkins received a certificate and plaque from Hughes Supply memorializing the fact that the city was the first in West Virginia to implement a remote-read utility metering system.
The engineers will hold a site location meeting for a new water treatment plant on June 7 at 3:30 p.m.
Mike Barkley attended the annual American Water Works Association Conference and Exposition at Glade Springs. Elkins placed first in the water taste competition.
OTHER BUSINESS
Bids proposals will be opened at the end of June for construction of a town square behind the depot building on he former railroad property.
Construction will soon begin for the Holiday Inn Express on the former railroad property.
Last week’s cleanup project was a success. The Junior Women’s Club swept the sidewalks across from the hospital, near the Motor Lodge.
The city attorney will provide guidance for an annexation initiative. Time spent will be above and beyond the retainer fee.
Each council member should be receiving the State Journal publication.
The mayor encourages all in attendance to vote for the bond amendment initiative on June 25.
The contract with the county commission to secure the services of the dog warden will expire at the end of July. The mayor will contact the commissioners to begin the negotiation process.
The regular meeting of June 16 is tentatively being scheduled for the fire hall on 4th Street.
Cm Beckwith said a city picnic will be held on August 7 at the Sycamore Street park pavilion. A planning meeting will be held in city hall at 4 p.m. June 7. Each member was asked to contribute $20 towards the cost of the event.
A representative of the WV Ethics Commission will be in Elkins on June 28 to discuss the Open Meetings Act.
The meeting adjourned at 8:32 p.m.
