PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JUNE 16, 2005
Elkins City Council met in regular session in the council chamber of city hall at 7:18 p.m. Thursday, June 16, 2005. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, 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 Attorney R. T. Busch; and Police Captain J. E. Batdorf. Councilman J. S. Bibey and City Attorney J. E. Busch were absent.
INFORMATIONAL PRESENTATION
Prior to the beginning of the official meeting, an informational presentation was made by representatives of Burgess & Niple Engineering, of Parkersburg, WV, and Attorney Richard L. Lewis, of Steptoe & Johnson PLLC. The subject matter of the presentation was the pending upgrade of the wastewater treatment plant. The engineers explained why the upgrade was necessary, the scope of the improvements to be made, the estimate of project cost, and the projected timeline to completion. Attorney Lewis discussed issues related to the treatment plant’s NPDES (National Pollutant Discharge Elimination System) Permit, especially as it related to the treatment plant’s ability to accept and treat landfill leachate.
AGENDA ADJUSTMENTS
1. Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern filed by J. D. Hinkle, III on behalf of Tahoe Management 8 LLC dba J & J’s Mountaineer Mart #8, 21 Davis Avenue.
2. Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern filed by Richard A. Polce on behalf of R & L Restaurant and Lounge, 224 Davis Avenue.
PUBLIC COMMENT
Three individuals identified themselves as members of the ‘Rainbow Family’, saying they would participate in the Rainbow Gathering scheduled for the July 4th holiday period. They encouraged those not knowledgeable of the ‘Family’ to educate themselves by visiting the Family’s website at http://www.welcomehome.org/rainbow/index.html. Our community should not be concerned by the presence of the Rainbow Family, they said. They are coming here only to enjoy the scenic beauty of the area, and they have organized themselves so as to minimize the impact their presence will have on local resources and infrastructure.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Beckwith, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 2005 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cm Woolwine, seconded by Cm Broughton, 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 SECOND AND FINAL READING. The motion carried. [In response to Cm Beckwith’s question, the attorney said the measure could be enforced against the owners of either public or private property.]
NEW BUSINESS
Elkins contracts with the Randolph County Commission to obtain the services of the animal control officer within the city limit. The contract renews on August 1 of each year, pursuant to a written request by the City and the affirmative approval of the Commission. In exchange for the services of the animal control officer, Elkins contributes $9,500 annually to the Commission, and, additionally, undertakes the weekly collection and disposal of animal carcasses stored at the humane society facility. Carcass collection and disposal costs an additional $5,000 annually. The mayor asked the Commission to assume responsibility for animal carcass disposal for the next contract period. The Commission declined, saying that the county already budgets $74,000 annually for the operation of the animal shelter. Since the budget was finalized at March 28, no additional county funds were available. The issue could be discussed for the budget of FY 2006/2007.
Cm Beckwith reported on plans for a city picnic to be held in the city park on August 7. Council members were asked to contribute towards the meat and drinks to be provided. Local businesses will be asked to donate items to be used for door prizes. All city employees, police and fire department personnel and their respective families are invited.
Cw Wilmoth, seconded by Cm Broughton, MOVED THAT THE COMPENSATION OF MICHAEL BARKLEY, WATER TREATMENT PLANT SUPERVISOR, BE MODIFIED AS FOLLOWS.
1. EFFECTIVE JULY 1, 2005 HE WILL NO LONGER RECEIVE A FIXED-AMOUNT SALARY; INSTEAD, HIS COMPENSATION WILL BE CALCULATED ON AN HOURLY BASIS.
2. EFFECTIVE JULY 1, 2005 HIS HOURLY RATE OF PAY WILL BE INCREASED BY ONE DOLLAR AND FIVE CENTS ($1.05).
3. EFFECTIVE JULY 1, 2006 HIS HOURLY RATE OF PAY WILL BE INCREASED BY AN ADDITIONAL ONE DOLLAR AND FIVE CENTS ($1.05).
4. NO FURTHER ADJUSTMENTS TO HIS COMPENSATION WILL BE MADE UNTIL AT LEAST JULY 1, 2007.
The motion carried.
Cw Wilmoth, seconded by Cm Broughton, MOVED THAT TERRILL ROTH BE CONFIRMED AS THE SUPERVISOR OF THE SANITATION DEPARTMENT. AND, ADDITIONALLY, THAT EFFECTIVE JULY 1, 2005 HIS HOURLY RATE OF PAY IS TO BE INCREASED TO THIRTEEN DOLLARS AND EIGHTY-EIGHT CENTS ($13.88). The motion carried.
Cw Wilmoth, seconded by Cm Broughton, MOVED THAT DONALD HEDRICK BE CONFIRMED AS THE MANAGER OF THE LANDFILL. AND, ADDITIONALLY, THAT EFFECTIVE JULY 1, 2005 HIS HOURLY RATE OF PAY IS TO BE INCREASED TO THIRTEEN DOLLARS AND EIGHTY-EIGHT CENTS ($13.88). The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED COUNCIL GRANT THE REQUEST OF DOWNTOWN MERCHANTS TO CONDUCT SIDEWALK SALES IN THE DOWNTOWN AREA IN CONJUNCTION WITH THE 4TH OF JULY CELEBRATION. The motion carried.
Cw Wilmoth, seconded by Cm Ditty, MOVED COUNCIL GRANT THE REQUEST OF THE FIRST UNITED METHODIST CHURCH TO TEMPORARILY CLOSE A PORTION OF KERENS AVENUE BETWEEN 3RD AND 4TH STREETS. The motion carried.
Cm Elbon, seconded by Cw Wilmoth, MOVED COUNCIL INSTRUCT THE CITY CLERK TO AUTHOR A LETTER TO THE PROPRIETOR OF THE APPALACHIAN GRILL STATING THAT CITY OF ELKINS HAS NO OBJECTION IF THE RESTAURANT OFFERS OUTSIDE DINING AND LEGAL BEVERAGES AS LONG AS THE RESTAURANT FIRST OBTAINS THE APPROVAL OF THE APPROPRIATE STATE AGENCIES AND CONFORMS TO THE REQUIREMENTS OF THE ALCOHOL BEVERAGE CONTROL COMMISSION. The motion carried.
Cm Metheny, seconded by Cm Broughton, MOVED COUNCIL GRANT THE REQUEST OF THE 4-H ORGANIZATION TO USE THE PARKING LOT BEHIND CITY HALL FOR ITS AUGUST 24-27 FAIR AND CARNIVAL. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 16 building permit applications since the last meeting of council, 2729 to 2745. Additionally, the building inspector recommended approval of application 2686. Application 2733 was void. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Elbon, MOVED THAT COUNCIL GRANT THE 17 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
The Committee continued to assess increased security needs in the police department office area.
PARKS
The basketball courts were paved and the height of the baskets was raised correspondingly.
The farmer’s market has begun its annual operation on Wednesdays and Saturdays between the hours of 6-9 a.m.
Eight hundred participated in a recent track meet.
Thirteen summer staffers have begun employment.
A new summer high school basketball league has been formed.
The summer food program is in operation.
PERSONNEL
The revised personnel policy will soon be available for consideration.
LANDFILL
A meeting will be scheduled as soon as the semiannual inspection report is received.
Cm Elbon, seconded by Cm Ditty, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF A MATTER OF POTENTIAL LITIGATION. The motion carried.
Council entered executive session at 8:15 p.m.
Council resumed regular session at 8:56 p.m.
The mayor said no decisions were made nor were any actions taken.
OTHER BUSINESS
Cm Beckwith announced a 6 p.m. July 6 meeting at Jennings Randolph School concerning the initial improvement process for Sylvester Drive.
The meeting adjourned at 8:59 p.m.
