CITY COUNCIL MINUTES

PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JANUARY 20, 2005

Elkins City Council met in regular session in the Council Chamber of city hall at 7:05 p.m. Thursday, January 20, 2005. Present were: Mayor Judith A. Guye; Councilpersons: C. D. Armstrong, T. P. Ditty, H. R. Elbon, D. G. George, A. G. Hamrick, V. K. Haynes, Jr., R. J. Malcolm and C. L. Siler, II; City Clerk P. J. Graziani, Jr.; Treasurer L. L. Crosston, Police Captain J. E. Batdorf and City Attorneys J. E. Busch and R. T. Busch. Councilmen V. T. Broughton and R. G. Nestor were absent.

AGENDA ADJUSTMENTS

There were none.

PUBLIC COMMENT

Reneé Jensen, a resident of 217 Davis Street and also a candidate for the 5th Ward city council seat to be filled at the March 1, 2005 city election, alleged that Police Department Captain J. E. Batdorf did nothing to investigate a complaint she attempted to lodge concerning alleged rudeness inflicted upon her by a city radio dispatcher. She said the Captain told her that she must first submit her complaint in writing and then supply him with the approximate day of the month on which the alleged incident took place. Given that information, he could then listen to recordings of dispatcher telephone conversations and make a determination. She said she didn’t know the day and month of the incident. She said she liked the truth.

CONSENT CALENDAR

Cm Armstrong, seconded by Cm Elbon, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JANUARY 6, 2005 AS PRESENTED. The motion carried.

UNFINISHED BUSINESS

Cm Armstrong, seconded by Cm Siler, MOVED THE PROPOSED ORDINANCE 025, AMENDING THE ZONING REGULATIONS TO CHANGE FROM B-RESIDENTIAL TO COMMERCIAL STATUS THREE DIFFERENT AREAS OF 5TH WARD, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.

NEW BUSINESS

Cw George, seconded by Cm Hamrick, MOVED COUNCIL APPROVE EMPLOYEE TRAVEL, AS REFLECTED ON THE AGENDA. The motion carried.

Cm Elbon, seconded by Cw George, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO CARL RAY MURPHY AS LANDFILL LEACHATE TRUCK DRIVER, EFFECTIVE WITH THE NEXT PAY PERIOD. The motion carried. [Mr. Murphy completed his probationary period of employment on January 14.]

Cm Ditty, seconded by Cw George, MOVED COUNCIL WAIVE COMPETITIVE BID REQUIREMENTS FOR THE PURCHASE OF A USED VEHICLE FOR THE USE OF THE FIRE CHIEF. The motion carried.

Approval was previously granted for the acquisition of a new dump truck for the use of the Street Department. Pursuant to an invitation to bid published by the City, four responses were received:

Elkins Fordland $ 45,666
General Truck Sales Corporation 50,269
Jenkins Ford Mercury, Inc. 44,122
Teter Motors, Inc. $ 54,805

The two highest bids were set aside from consideration. Elkins City Code §2-3, Competitive bidding – When required, states, in part, that “…such purchase shall be made from a vendor resident in the city if such bid does not exceed the lowest qualified bid from a nonresident vendor by more than two percent of the latter bid…” In this case, the 2% preference of Elkins Fordland, Inc. would increase the bid of Jenkins Ford Mercury, Inc. by the amount of $882. Cm Haynes noted that the Jenkins bid was originally submitted on January 13 but revised on January 19. His questioning revealed that Elkins Fordland submitted its bid on January 11. Elkins Fordland did not have to revise its bid.

Cm Haynes, seconded by Cm Armstrong, MOVED COUNCIL SET ASIDE THE BID OF JENKINS FORD MERCURY, INC. BECAUSE THE COMPANY’S FINAL BID WAS NOT RECEIVED BY THE PUBLISHED DEADLINE. The motion carried.

Cm Siler, seconded by Cm Armstrong, MOVED COUNCIL AUTHORIZE CITY OFFICIALS TO EXECUTE A CAPITAL LEASE/PURCHASE AGREEMENT WITH COMVEST, LTD. TO BUY A NEW DUMP TRUCK FROM ELKINS FORDLAND, FOR THE USE OF THE STREET DEPARTMENT. The motion carried.

The city clerk discussed the difficulty being encountered in obtaining the necessary number of poll officials for the Municipal General Election of March 1, 2005. Death and disability has resulted in the loss of approximately 40% of the officials that worked the last election. He asked the council members and the general public to supply names of potential workers.

The ballots for the Municipal General Election of March 1, 2005 have been received.

Sidney A. Gillispie, by a letter dated January 17, 2005, stated that he will not be pursuing his candidacy for Elkins City Council from 4th Ward. Since he was recently appointed executive director of the YMCA, he said he feels compelled to devote his full attention to his challenging new role. Mr. Gillispie’s name must still appear on the 4th Ward ballot. His withdrawal of candidacy had to have been received no later than November 23, in order for his name to be removed from the ballot.

Maps identifying the boundaries of the various Wards of the city are now available.

Early voting will be conducted between February 9 and February 26. Citizens will be able to vote on the last two Saturdays before the election, February 19 and 26, between the hours of 9-5.

COMMITTEE REPORTS

BUILDING

The Committee received 1 sign and 4 building permit applications since the last meeting of council, 2608 thru 2612. Acting on recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Haynes, MOVED THAT COUNCIL GRANT THE 5 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERSONNEL

Cw George said the job description for a police department receptionist is substantially complete, and the position will soon be posted.

PUBLIC SAFETY

Fire Chief Meader reported that the Randolph Board of Education approved the Elkins Fire Department as a Work-Based Learning site. Work-Based Learning could include any of the following: community service, job shadowing, DCT, clinical mentorship, apprenticeship, internship, and paid employment. The student(s) at the fire department will not be paid by the city. Liability insurance for the student(s) will be provided the West Virginia Board of Risk Management, as a part of the insurance coverage of the Board of Education.

SANITATION/LANDFILL

The Committee will review both landfill and sanitation service with the respective supervisors, at its meeting at 1 p.m. on January 25.

Tyler White began a probationary period of employment on January 14. He is the operator of the landfill scale house.

WATER

Cm Ditty said damage to a fire hydrant, resulting from an automobile accident, resulted in yet another, though limited, and boil water advisory.

OTHER BUSINESS

Becky Smith Hackman was appointed to the Historic Landmarks Commission to serve the remainder of a term. The term expires December 31, 2005.

The Sanitary Board conducted a public meeting to discuss the proposed upgrade of the wastewater treatment plant. Additionally, an operator-in-training will be hired at the treatment plant.

The Public Service Commission will begin a cost of service study of the City’s sewer utility by February 7.

The mayor expressed her belief that, because of planned development in the former railroad yard, it may not be possible to block as much of Railroad Avenue as has been done in the past to accommodate Mountain State Forest Festival activities.

Cm Siler said Railroad Avenue should be widened from the depot to 1st Street, to facilitate a better flow of vehicle traffic.

The meeting adjourned at 7:36 p.m.