PROPOSED MINUTES
REGULAR COUNCIL MEETING OF NOVEMBER 3, 2005
Elkins City Council met in regular session in the council chamber of city hall at 7:04 p.m. Thursday, November 3, 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, 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 R. J. Malcolm, City Attorney J. E. Busch and Fire Chief T. W. Meader were absent.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
Jennifer Giovanetti and Jim Schoonover appeared on behalf of the Randolph County Development Authority (RCDA), to present a report summarizing the positive financial benefits that have accrued to the city of Elkins resulting from various economic development initiatives undertaken by the Authority. She said City of Elkins was the major beneficiary of the Authority’s endeavors. The report indicated the Authority had a total net equity value exceeding $3,700,000 and strong, stable and positive economic performance. In recent times, Giovanetti said, “…the RCDA has attracted to the City of Elkins, $4.7 million dollars in new construction dollars and $47,000 in construction B & O Taxes, donated over $200,000 in land for city use, and acted as a destination school for students attending wood industry classes of which one year spending by Wood Tech Center students at a local retail establishments has exceeded $100,000.” She and Mr. Schoonover encouraged Elkins Common Council to join with the Authority in a long-term partnership “…to achieve our shared goals of economic development.” [The report presented on behalf of the Authority is on file in the city clerk’s office.]
Richard Holland, president of the Randolph County Landlord’s Association, spoke about the impact on landlords of the proposed sewer rate increase. He asserted that 30% of the county’s residents are renters, many of whom had executed long-term rental leases; therefore, landlords could only periodically pass along utility rate increases. Landlords, he said, are already facing material increases in other utility costs for the coming winter, such as natural gas and electricity, and increased sewer rates would only worsen their problems. Noting that landlords already paid property taxes at the higher Class IV rates and Business and Occupation Tax on rental revenues, he asked for an exception to be made for landlords, so that higher sewer rates not be imposed on them until they are able to pass along the increase to tenants.
An unidentified person asserting to own the property at 100 N. Washington Avenue complained that both the Postal Service and city personnel had installed a signs on his property without his approval.
Bill Phares, 105 Ferndale Avenue, made reference to the proposed minutes for the meeting of October 20, 2005. He said the language summarizing his comments during the public comment portion of the meeting should be changed.
Spinner O’Flaherty, president of the C-HOPE organization that owns the Darden Mill building, supported the cause espoused by the Randolph County Development Authority representatives. Additionally, as a resident of 2nd Street, he objected to plans he heard were being formulated to move a portion of the midway section of the Mountain State Forest Festival’s carnival attractions and rides from the vicinity of Railroad Avenue to the 2nd Street area between Davis and Kerens Avenues, near his home. He said such a move would bring numerous people into the neighborhood. Citing as reasons not to allow such a move, he said business could be hurt economically from loss of patronage; parking meter revenues would be affected; and damage could be done to recently planted trees in the Seneca Mall parking lot.
David Rao, 909_ S. Henry Avenue, said he agreed with the remarks of Spinner O’Flaherty. He also said $10,000 should not be given to the Development Authority; instead, the funds should go to the police department.
A resident of 405 Kerens Avenue encouraged support of Monongahela National Forest Plan III.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Elbon, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF OCTOBER 20, 2005 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cm Woolwine, seconded by Cm Metheny, MOVED PROPOSED ORDINANCE 022, AMENDING THE SEWER RATE TARIFF BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND READING. The motion carried. [The public hearing on the measure has been scheduled for December 15, 2005.]
NEW BUSINESS
A Notice of Application To Operate: A Private Club, Private Wine Restaurant or Tavern was filed on behalf of Midland Food Services of West Virginia, Inc. dba Pizza Hut #022626.
Davis Trust Company approved renewal of a letter of credit, No. 41, originally issued February 24, 1994 in the amount of $40,000 and on behalf of the West Virginia Division or Environmental Protection. [The letter of credit forms part of the requisite reclamation bond for a portion of the property of the landfill, a former surface mining site.]
Travelers Insurance Company has renewed Policy #3031752, a surface mining bond. [The Policy forms part of the requisite reclamation bond for a portion of the property of the landfill, a former surface mining site.]
The Elkins-Randolph County Airport Authority delivered a copy of its audited financial statement for the fiscal year ended June 30, 2005.
Cw Wilmoth, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT THE REQUEST OF THE ELKINS-RANDOLPH COUNTY CHAMBER OF COMMERCE TO SPONSOR A CHRISTMAS PARADE ON DECEMBER 2, 2005. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 6 building permit applications since the last meeting of council, 2851 to 2856. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Beckwith, seconded by Cm Ditty, MOVED THAT COUNCIL GRANT THE 6 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
The City received a certificate of appreciation from the American Red Cross for the use of a 3rd floor city hall office space that was used as the Randolph County training site.
The office vacated by the American Red Cross, Room 313, has been converted for the use of council members. It has been supplied with a computer, and a telephone will soon be installed.
WATER
The water treatment plant was awarded the 2004 Water Fluoridation Quality Award, presented by the Centers for Disease Control and Prevention, United States Department of Health and Human Services. The award recognizes the successful maintaining of optimal fluoride levels and meeting the fluoridation monitoring requirements of the State of West Virginia for all 12 months of 2004.
Cm Ditty, seconded by Cw Wilmoth, MOVED THE COMPENSATION OF RICK SMITH, SUPERVISOR OF WATER TRANSMISSION AND DISTRIBUTION, BE ADJUSTED FOR ADDITIONAL DUTIES ASSUMED RELEVANT THE TAKEOVER OF LAUREL MOUNTAIN WATER ASSOCIATION, INC; however, Cm Metheny, seconded by Cm Woolwine, MOVED TO TABLE THE MOTION. The motion to table carried. Mayor Guye referred the subject matter to the Finance Committee for its consideration and recommendation.
Cm Ditty, seconded by Cm Metheny, MOVED STEVE STANTON BE PROMOTED TO THE POSITION OF STREET DEPARTMENT ASSISTANT SUPERVISOR; however, Cm Broughton, seconded by Cm Beckwith, MOVED TO TABLE THE MOTION. The motion to table carried. Cw Wilmoth instructed that the subject matter be added the agenda of the next regular meeting, for consideration at that time.
RULES AND ORDINANCE
Cm Woolwine said the Committee would take under consideration proposals to regulate yard sales.
STREETS
Cm Hensil said that while the Sylvester Drive Improvement Project had been completed and paid for, some property owners have expressed dissatisfaction with one aspect or another of the final result. The problem most frequently reported resulted from ongoing settlement of the disturbed ground where piping and other drainage infrastructure was installed. Those deficiencies have been reported to the contractor, and Jeff Cooper has committed to return next spring to correct the problems. Jeff believes the disturbed ground will have completely settled by the end of winter, at which time he will be able to fill in sunken areas, patch asphalt affected by ground settlement, and complete any necessary landscaping, such as the addition of top soil or seeding, as required. Mayor Guye and your First Ward council members will represent the interests of abutting property owners with the contractor and ensure that necessary remedial work is properly completed.
OTHER BUSINESS
Cm Ditty commented on an Inter-Mountain article in which Cm Elbon was quoted. Cm Ditty said he did not believe water fund money was being spent recklessly. Cm Elbon responded that his intent was not to imply criticism of the water fund, but to make the point that a comprehensive spending plan was needed. Elbon said he felt that was his responsibility as chair of the finance committee.
Cm Beckwith said he felt Cm Elbon’s Inter-Mountain comments were uncalled for. He then mentioned an often irritating noise emanating from the Hamer Pellet Fuels facility.
Councilmen Ditty and Beckwith and Cw Wilmoth briefly discussed revenues generated by the licensing of vendors by the Mountain State Forest Festival Association.
Mayor Guye said she would author a letter expressing her personal support for Alternative II of the Monongahela National Forest Plan.
Cm Ditty said he and others would travel to Roanoke, VA on November 15 to inspect a water treatment facility.
The city clerk reminded council members that the Board of Risk Management had set a January 1, 2006 deadline for adherence to BRIM’s Standards of Participation.
The Planning Commission will hold a pubic hearing on Tuesday, November 22 to receive public comment on a request to change a one-block area of 11th Street from B-Residential to Commercial. The block in question is bounded by 11th Street, S. Henry and S. Kerens Avenues and 12th Street.
The meeting adjourned at 9:00 p.m.
