PROPOSED MINUTES
REGULAR COUNCIL MEETING OF SEPTEMBER 1, 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, 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 Attorney R. T. Busch, Police Lieutenant H. R. White, Jr. and Fire Chief T. W. Meader. City Treasurer L. L. Crosston, Police Captain J. E. Batdorf and City Attorney J. E. Busch were absent.
AGENDA ADJUSTMENTS
Approval of the City’s participation in the West Virginia Municipal League’s Municipal Revenue Enhancement Program.
Executive session for discussion of the acquisition of real property.
PUBLIC COMMENT
Reneé Jensen, Davis Street resident, wondered if the city attorney had received a Freedom of Information request letter she said she had served upon Police Captain Batdorf at the council meeting of August 18, 2005. She then made reference to the “…tragedy in the south...” [the devastation wrought upon New Orleans and environs by Hurricane Katrina), wondering what we [as a community] could do to help. Another invitation was extended to council members to attend weekly peace vigils being conducted at the federal plaza. She then commented negatively about her recent dealings with both the Randolph County Circuit Court and Family Court.
Dr. Farukh Khan, 220 Bruce Street resident and owner of a medical facility at 1 Pleasant Avenue, expressed his “…strong, firm and persistent opposition…” to 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 said he spoke in the interest of property owners [in the Bruce Street and Highland Park areas], saying that the rezoning could affect property values, and Council owed a duty to all the people and not just to small special interests.
Gordon Blackley, vice president of the Randolph County Convention and Visitor’s Bureau, presented the Bureau’s annual financial report, and he then spoke of the mission, goals, efforts and accomplishments of the Bureau. [Because of the detail nature of the content of his presentation, the statement from which he read is reproduced in its entirety.]
“I’m Gordon Blackley, I’m the Vice President of the Randolph County Convention and Visitors Bureau [CVB], and I am here to deliver our annual financial report and to discuss some recent actions taken by the CVB Board of Directors.”
“A little history will be helpful in explaining our current situation. The Chamber of Commerce was formed in 1928. The CVB was created as a separate entity in 1990 to attract tourism business to the City and County. Brenda Pritt was hired as the Chamber Executive Director in 1986 and was appointed the Executive Director of the CVB when it was formed in 1990. The practice of having these two organizations managed by one executive staff officer was not unusual when the CVB was formed – today only four other counties in West Virginia still operate in this manner.”
“From their beginnings the Chamber and the CVB have operated as separate entities, with separate and independent Boards of Directors, separate goals and objectives, and completely separate financial structures.”
“When the State legislature created a Hotel/Motel tax it started with a 3% tax on lodging costs, now approved for maximum of 6%, to be collected by West Virginia cities and counties, and authorized payment of these tax funds to recognized local CVB’s for tourism promotion, stipulating that at least 50% of tax funds should be delivered to local Bureaus.”
“Since inception of this tax the City has forwarded 95% of the annual revenue generated by it – the County has indicated that it will place a $40,000 cap on the amount of tax revenue it will forward to the CVB in the 2004-2005 fiscal year.”
“Recently Randolph County has experienced a decrease in lodging tax collections which put the CVB in the position of having to spend the funds needed to continue the advertising and promotion programs vital to attracting visitors on supporting a large and expensive welcome center which mainly benefits tourists once they get here.”
“In preparing our 2005/06 budget we found that, with the County’s recent $15,000 reduction in the amount of lodging tax to be forwarded to the CVB, we wound up with only $10,000 available for advertising. Our Board felt that our best course of action would be to put more money in marketing and less in operating a large visitor center until the lodging tax income increases. We are planning for a future visitor center in an area which will service more traffic and attract more potential customers to our lodging and retail facilities. More on that a little later.”
“In the past few weeks the CVB Board of Directors has taken steps to plan for the future. The tourism industry is undergoing a sea-change in promotional techniques and practices and we need to be ready to respond to these changes if we are to continue bringing tourism dollars to Randolph County and Elkins.”
“As an example, legislation being considered in Charleston would establish certification criteria for CVB’s which would include:
A full time staff Director
Governance documents such as bylaws, policies and procedures, etc
Annual budgets approved by local Boards of Directors, annual audits sent to Cities, Counties, Division of Tourism, State Tax Department.”
“The use of the internet to make travel plans is changing the way potential travelers are being attracted. We see promotion activities by other Bureaus in West Virginia are being concentrated on internet activities rather than bricks and mortar welcome centers. Our website at HYPERLINK "http://www.randolphcountywv.com/" www.randolphcountywv.com recorded over 3,700 unique visitors in the month of July, and more than 17,000 for the year. Ongoing maintenance and upgrading of the website has been arranged for, with these duties being shared by Chamber and CVB personnel with no interruption of service to the public. While the appearance of the site has been slightly modified with the addition of new contact information for both organizations, the functionality remains the same.”
“Large travel expositions are attracting increasing numbers of tourists, tour packagers and bus tour operators – providing a concentrated point of contact for CVBs and other lodging and service providers to reach the traveling public.”
“A new strategy called Destination Marketing is emerging in the tourism market place and we are consulting with a Destination Marketing specialist to examine new methods for attracting visitors and will be contracting with travel packaging services in the near future.”
“One of the results of this planning for the future was a change in the duties assigned to our Executive Director, which, because the Chamber of Commerce and the CVB shared her management services, had an impact on the way the Chamber of Commerce will conduct its’ business in the future.”
“We wanted to create a working environment in which our Director could function in a more focused, efficient and effective manner. We wanted to capitalize on the skills and experience our Director has gathered over the past 16 years:
Brenda Pritt is on the Board of Directors of the WV State Association of CVB’s, and the Mountain Highlands Regional Travel Council She is a member of the WV Hospitality Association, the State Fairs and Festivals Association.
She has extensive experience in writing grant requests to a wide variety of institutions, and she has attended numerous State sponsored training sessions in hospitality management.
She has developed strong connections with important members of the legislature and the tourism commission and is known and respected throughout the travel and tourism industry in West Virginia and beyond.”
“We want to create a new synergy in attracting visitors by creating an expanded partnership with historic, and arts and culture organizations, retail enterprises, and outdoor recreation facilities in Randolph County, and in our neighboring counties.”
“We have begun planning for a city-wide annual arts and antiques event which would attract a regional audience.”
“We have been working with Dr. Vic Thacker of the Randolph County Community Arts Center, and the Rich Mountain Battlefield Museum to develop a bi-annual event for descendants of Civil War participants that would feature presentations by recognized historians, music of the period, and reenactor [sic] gatherings.”
“We’re planning to conduct tourism Grant Writing Workshops for area businesses to take advantage of the advertising grants offered by the Division of Tourism.”
“In October we will be hosting an advance planning party from the National Motor-Sports Association, looking at Randolph County as a possible site for a large Road Rally in 2006.”
“Finally, while exploring the potentials presented by the internet and other electronic media, we’re not declaring the Visitors Center concept dead. We’re establishing what will be a very accessible and cost effective temporary visitor’s center on upper Randolph Avenue. During the past year we have been investigating properties that would be suitable for a new Interactive Visitors Center sited in a location which would help increase room nights in our lodging facilities and generate activity for downtown businesses.”
“While looking to the future, the CVB has continued to serve the needs of the county and city:
During the past year we have assisted with funding for these major events:
International Ramp Festival
Mountain State Forest Festival
Augusta Festival
Mountain State Street Machines annual car show
Rich Mountain Battlefield Reenactment
Independence Day Fireworks
Hillbilly Hardball
Community Arts Calendar
Coalton Days
Randolph County Community Arts Center
Elkins Downtown Christmas Lighting Project”
“We have placed highly visible advertising in
Wild and Wonderful WV Travel Guide
Cabella Outfitter’s Catalog
Potomac Highland Outdoor Travel Magazine
Potomac Highland Travel Guide
AAA Travel Guide for Eastern US
Randolph County city and county map
Recreation News
Intermountain supplement for Snowshoe Golf Tournament”
“We partnered in tourism promoting advertising opportunities with:
Rich Mountain Battlefield
Randolph Community Arts Center
Augusta Heritage Center
Graceland Inn and Conference Center
Mountain State Forest Festival
Durbin and Greenbrier Valley Railroad”
“And we just completed an advertising project with Tucker County CVB and the Allegheny Highland Trail Foundation to produce and print 10,000 copies of a new user-friendly map for the rail-trail from Elkins to Parsons.”
“That’s a compilation of what we’ve done lately and what we’re planning to do in the near future. What we need more than anything else is continuity and stability in our revenue stream, particularly the share we receive from the lodging tax – major advertising buys require contracts issued many months in advance – other promotion programs need to be planned with the knowledge that the funds will be there when needed.”
“We appreciate the support the CVB has received in the past from this council and the county commission, your money has been well spent on bringing tourism dollars home to Elkins and we look forward to continuing this successful relationship.”
“Thanks for this opportunity to bring you up to date.”
David Rao, 909? S. Henry Avenue said he thought officers of the Elkins Police Department were doing well and he supported them.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Beckwith, 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.
Cm Metheny, seconded by Cm Broughton, 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 SECOND AND FINAL READING. The motion carried.
Cm Hensil, seconded by Cm Woolwine, 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 SECOND AND FINAL READING. A roll call being requested, the clerk read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - Yes Metheny - Yes
Ditty - Yes Wilmoth - Yes
Elbon - No Woolwine - Yes
The motion carried. [The considerable discussion preceding the vote on the matter primarily centered on the volume of vehicular traffic now using N. Randolph Avenue. The present traffic pattern results from patrons frequenting the existing commercial establishments in the area; residential commuters from areas surrounding lower Pleasant Avenue, Bruce Street and Highland Park; traffic moving between U.S. Route 33 East and downtown Elkins; and traffic moving between Elkins and areas north of Gilman. The already heavy traffic flow would be worsened by the relocation of the Department of Motor Vehicles and the Department of Health and Human Resources to property between Teter Motors and Hess Oil Company. A suggestion to table the measure until a traffic study could be undertaken to assess the impact of additional traffic flow was not pursued, since the city does not regulate traffic on N. Randolph Avenue, a state right-of-way. Department of Highways issued Permit No. 8050143, dated August 8, 2005, granting the developers rights of access and egress from N. Randolph Avenue to the relocation site. A secondary concern was the potential for adverse impact on residents of Pleasant Avenue if that street was used as a secondary means to access and exit the relocation site. Finally, sentiment was expressed that city officials should continue to lobby DOH to construct a third lane to provide for vehicles turning into and exiting from the relocation site for the two State agencies.]
A lease agreement with option to purchase 917 S. Railroad Avenue from Grover C. Jackson, Jr. has been finalized, in conformity with Council’s direction. The mayor will sign as soon as Mr. Jackson’s attorney and accountant have completed their review.
NEW BUSINESS
Cm Broughton, seconded by Cm Elbon, MOVED COUNCIL APPROVE ACQUISITION OF A USED LANDFILL COMPACTOR, AND AUTHORIZE THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY TO FINANCE THE PURCHASE UNDER THE TERMS OF A MASTER LEASE/PURCHASE AGREEMENT WITH COMVEST LTD. The motion carried. [Cm Ditty observed that purchase of a used machine would result in considerable savings. The $95,000 for the used compactor was compared to the estimated $400,000-$500,000 for a new machine.]
Cm Broughton, seconded by Cm Elbon, MOVED COUNCIL APPROVE ACQUISITION OF A NEW HEIL REAR-LOADING GARBAGE TRUCK, AND AUTHORIZE THE MAYOR TO EXECUTE THE DOCUMENTS NECESSARY TO FINANCE THE PURCHASE UNDER THE TERMS OF A MASTER LEASE/PURCHASE AGREEMENT WITH COMVEST LTD. The motion carried. [The bid for the Heil truck was not the lowest received. That model was selected because the city currently owns similar trucks. The proven reliability of the product coupled with the savings to be realized by the interchangeably of repair and replacement parts influenced the decision.]
Cw Wilmoth, seconded by Cm Hensil, MOVED COUNCIL DIRECT THAT HALLOWEEN ‘TRICK OR TREAT’ BE OBSERVED IN ELKINS ON MONDAY, OCTOBER 31, 2005 BETWEEN THE HOURS OF 6 P.M. AND 7:30 P.M. FOR CHILDREN 12 YEARS OF AGE AND YOUNGER; however, Cm Beckwith, seconded by Cm Ditty, MOVED THE MOTION BE AMENDED TO DIRECT THE HOURS TO BE OBSERVED BE CHANGED TO BETWEEN 5:30 P.M. AND 7:00 P.M. The motion to amend the main motion carried. The amended main motion then carried. [The concern motivating the amendment was that children should complete their ‘Trick or Treat’ activities during daylight hours.]
Cm Beckwith, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT THE REQUEST OF THE BAND AUXILIARY TO TEMPORARILY CLOSE CERTAIN STREETS IN THE VICINITY OF THE FORMER HIGH SCHOOL BUILDING DURING A BAND COMPETITION. 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 Elbon, seconded by Cw Wilmoth, MOVED THAT COUNCIL GRANT THE REQUEST OF THE MARCH OF DIMES TO SPONSOR THE ‘ELKINS WALK AMERICA’ FUND RAISING EVENT. The motion carried.
Cm Woolwine explained that each member had received information explaining a new program being sponsored by the WV Municipal League (WVML). He asked the members to review the information over the next two weeks and be prepared, at the next regular meeting, to consider participation in the program.
Cm Metheny, seconded by Cm Ditty, MOVED COUNCIL ENTER EXECUTIVE SESSION PURSUANT TO WEST VIRGINIA CODE §6-9A-4(9), FOR CONSIDERATION OF THE ACQUISITION OF PROPERTY. The motion carried.
Council entered executive session at 7:59 p.m.
Council resumed regular session at 8:19 p.m.
No decisions were reached; no actions were taken.
COMMITTEE REPORTS
BUILDING
The Committee received 11 building permit applications since the last meeting of council, 2810 to 2821. Application 2813 was voided. Acting upon recommendation of the building inspector, the Committee disapproved application 2814. The garage proposed would have violated zoning law in two respects: it would have been closer than 25’ from Orchard Street, and its size would have exceeded the maximum legal limit of 800 Ft?. All other applications were approved.
Cm Malcolm, seconded by Cm Elbon, MOVED THAT COUNCIL GRANT THE 10 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny said repair work on two sidewalks would soon begin. One sidewalk is located on Railroad Avenue between 4th and 5th Streets and the other on 2nd Street between Mary’s Lane and Kerens Avenue.
A third floor office in city hall will be prepared for the use of council members.
PUBLIC SAFETY
Cm Bibey said at the next regular meeting he would propose securing the professional part-time services of two prisoner transportation officers, one male and one female.
WATER
Inspection and cleaning of the Crystal Springs water tank is complete. The tank’s control valve was repaired by Supervisor Rick Smith, Water Transmission and Distribution.
OTHER BUSINESS
Cm Ditty said he’d had complaints about the condition of a vacant lot near Buffalo Street’s intersection with Randolph Avenue. He also said he believed city licensing requirements should be enforced against itinerant vendors doing business in the city, weekends included.
Cm Broughton said he believed yard sales should be regulated. He knew of instances where the certain yard sales were taking on a permanent business-like character.
The meeting adjourned at 8:30 p.m.
