PROPOSED MINUTES
REGULAR COUNCIL MEETING OF APRIL 6, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, April 6, 2006. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, 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 Attorneys J. E. Busch and R. T. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman V. T. Broughton and City Treasurer L. L. Crosston were absent.
AGENDA ADJUSTMENTS
1. Permanent employment status of Tyler White, Street Maintenance Worker II.
2. Authorization for a new street light on Bruce Street Extension.
PUBLIC COMMENT
Billy Canfield, 108 Davis Street, said not much work had been done to rehabilitate the dilapidated structure at 12 River Street. He asserted that asbestos present at the worksite was not being properly abated. He also contended that the owner had similarly dilapidated properties on 1st Street and in the vicinity of Runner Funeral Home, on Davis Avenue.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Beckwith, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF MARCH 16 AND THE SPECIAL MEETINGS OF MARCH 9 AND MARCH 22, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
There was none.
NEW BUSINESS
Cm Woolwine, seconded by Cm Elbon, MOVED COUNCIL APPOINT THE FOLLOWING MEMBERS TO THE BOARD OF ZONING APPEAL FOR TERMS ENDING DECEMBER 31 OF THE YEAR INDICATED: JIM DAVIS, SR. – 2008, RANDY KYLE – 2008, GRANT NESTOR – 2007, ZAN WHITE – 2007, AND DON CORBIN - 2006. The motion carried. [Donald L. Corbin replaced longstanding member James R. Welshonce.]
Cm Metheny, seconded by Cm Beckwith, MOVED COUNCIL APPOINT THE FOLLOWING MEMBERS TO THE ELKINS BUILDING COMMISSION FOR TERM ENDING DECEMBER 31 OF THE YEAR INDICATED: WILLARD L. PHILLIPS – 2006, LARRY GROSS – 2008, AND AMY BUSCH SCHUMACHER – 2010. The motion carried.
Cm Metheny, seconded by Cm Bibey, MOVED COUNCIL GRANT THE REQUEST OF THE HEALTH DEPARTMENT TO USE THE LOT BEHIND CITY HALL TO PROVIDE PARKING FOR THOSE PARTICIPATING IN THE PANDEMIC BIRD FLU SUMMIT. The motion carried.
Cm Woolwine, seconded by Cm Metheny, MOVED COUNCIL GRANT THE REQUEST OF THE CHILDREN’S ADVOCACY CENTER FOR A POLICE ESCORT FOR ITS HEEL TO HEAL WALK ON APRIL 22, 2006; HOWEVER; THE CENTER MUST PROVIDE ITS OWN INTERSECTION MONITORS. The motion carried.
Cm Beckwith, seconded by Cm Hensil, MOVED COUNCIL GRANT THE REQUEST OF THE JUNIOR WOMEN’S CLUB TO TEMPORARILY CLOSE A PORTION OF 4TH STREET DURING THE EVENING AND NIGHT OF MAY 24, DURING THE PROJECT SAFE GRADUATION PARTY AT THE YMCA. The motion carried.
Cm Elbon, seconded by Cm Malcolm, MOVED COUNCIL AUTHORIZE THE CITY CLERK TO DISBURSE $3,000 OF BUDGETED FISCAL YEAR 2005/2006 FUNDS TO THE CHAMBER OF COMMERCE, TO BE APPLIED TOWARDS THE COST OF THE 4TH OF JULY FIREWORKS EXHIBITION; however, Cm Beckwith, seconded by Cm Woolwine, MOVED TO TABLE THE MOTION. The motion to table failed. The original motion carried. [While expressing support for the fireworks, Cm Beckwith questioned the change in precedent, since the Convention and Visitor’s Bureau historically sponsored the fireworks and not the Chamber of Commerce.]
Cm Malcolm, seconded by Cw Wilmoth, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 060, AUTHORIZING APPLICATION FOR GANT FUNDS FOR THE BENEFIT OF WOMEN’S AID IN CRISIS. The motion carried.
Cm Hensil, seconded by Cm Elbon, COUNCIL ADOPT PROPOSED RESOLUTION 061, AUTHORIZING APPLICATION FOR GANT FUNDS FOR THE BENEFIT OF THE RANDOLPH COUNTY HOMELESS SHELTER. The motion carried.
Cm Hensil, seconded by Cm Malcolm, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 062, APPROVING THE CREATION OF A LOCAL REDEVELOPMENT AUTHORITY AND APPOINTING ITS INITIAL MEMBERSHIP. The motion carried. [Information developed during the discussion included:
&Mac183; Correspondence from the Base Realignment and Closure Commission (BRAC) informed the mayor of the planned closure of the Elkins US Army Reserve Center (Elkins USARC) in Beverly, WV.
&Mac183; Information developed by the mayor indicated that legal title to the property could be transferred to local jurisdiction, assuming necessary preconditions were met.
&Mac183; A local redevelopment authority had to be created to develop a comprehensive redevelopment plan for the property.
&Mac183; The Randolph County Commission expressed willingness to participate in an effort to obtain title to the property.
&Mac183; Situated on the site are two buildings, both of which are in excellent condition.
&Mac183; The local redevelopment authority would remain in continued existence, and it would control absolutely the use to which the property could be put.
&Mac183; The mayor did not believe any jobs would be lost by the closure.
&Mac183; An initial indication of local jurisdiction’s intent to pursue the redevelopment must be made to BRAC by May 9, 2006; however, the final closure of the Elkins USARC facility could be as much as 4 years in the future.]
Cm Woolwine, seconded by Cm Elbon, MOVED COUNCIL GRANT THE REQUEST OF THE ALZHEIMER’S ASSOCIATION FOR A POLICE ESCORT FOR ITS ANNUAL MEMORY WALK ON MAY 20; HOWEVER, THE ASSOCIATION MUST PROVIDE ITS OWN INTERSECTION MONITORS. The motion carried.
Cw Wilmoth, seconded by Cm Metheny, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.
Cm Beckwith, seconded by Cm Metheny, MOVED COUNCIL GRANT THE REQUEST OF THE MOUNTAIN STATE STREET MACHINES TO TEMPORARILY CLOSE CHURCH LANE FROM 6 P.M. JUNE 30 TO 6 P.M. JULY 2, DURING THE 22ND ANNUAL ANNIVERSARY BENEFIT CAR SHOW. The motion carried.
Cm Beckwith, seconded by Cm Malcolm, MOVED COUNCIL GRANT THE REQUEST OF THE YMCA FOR A POLICE ESCORT FOR ITS 4th ANNUAL RAMP RACE ON APRIL 29; HOWEVER, THE ORGANIZATION MUST PROVIDE ITS OWN INTERSECTION MONITORS. The motion carried.
Cm Metheny, seconded by Cm Woolwine, MOVED PROPOSED ORDINANCE 042, AMENDING THE RATE OF CERTAIN BUSINESS FEES, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED FIRST READING. The motion carried. [While passed on first reading, several members voiced support for selected increases above and beyond what was proposed. Attorney Busch said many rates were capped by statute; however, he would review WV Code and adjust upward those rates possible.]
Cm Bibey, seconded by Cw Wilmoth, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 063, AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE UNDERAGE DRINKING LAWS GRANT PROGRAM OF THE BENEFIT OF THE ELKINS POLICE DEPARTMENT. The motion carried.
Noting that Tyler White had successfully completed a 90-day probationary of employment and that his supervisor had recommended him for permanent status, Cm Hensil, seconded by Cm Elbon, MOVED THAT COUNCIL CONFIRM THE PERMANENT EMPLOYMENT STATUS OF TYLER WHITE AS A STREET MAINTENANCE WORKER II. The motion carried.
Cw Wilmoth, seconded by Cm Metheny, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT FOR INSTALLATION OF A STREET LIGHT ON BRUCE STREET EXTENSION, POLE NUMBER 1106162.
Cm Metheny, seconded by Cm Malcolm, MOVED COUNCIL ENTER EXECUTIVE SESSION. The motion carried.
Mayor Guye said the executive session was being conducted pursuant to WV Code § 6-9A-4(b)(2).
Council entered executive session at 7:35 p.m.
Council resumed regular session at 8:27 p.m.
Cm Metheny, seconded by Cm Beckwith, MOVED THAT COUNCIL HIRE AN INDEPENDENT ATTORNEY TO PROVIDE A LEGAL OPINION REGARDING THE RELEASE OF THE FLORIO REPORT, IN RESPONSE TO FREEDOM OF INFORMATION REQUESTS RECEIVED FROM THE INTER-MOUNTAIN NEWSPAPER AND VARIOUS CITIZENS OF THE CITY. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 16 permit applications since the last meeting of council, 2881, and 2921 to 2935. One application was for asbestos abatement, 1 for demolition, and 14 for building permits. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 16 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny reported that the Historic Landmarks Commission had contracted for in excess of $36,000 of restoration work on the exterior brick façade of Darden House. The money was generated either by Commission fund raising events or grant proceeds. The most significant element of the current work will be the pointing of the bricks.
SANITATION/LANDFILL
Mayor Guye appointed Councilman Metheny as Chairman of the Sanitation/Landfill Committee. Cm Metheny said that Davis Trust Company had renewed Letter of Credit Number 44, for the benefit of the WV Department of Environmental Protection.
FINANCE
Cm Elbon reported that each member had received finalized information on the Levy Estimate documents for both the General and Coal Severance funds for FY 2006/2007.
PUBLIC SAFETY
Cm Bibey read a card of appreciation from Whiteman Avenue resident Carolyn Gum, who commended the fire department for its response to a fire in her apartment.
Thirty-four offender days of Regional Jail incarceration totaled $1,649 for March 2006.
STREETS
The Committee continues to discuss installation of a storm water separation collection and transmission line on the property of the former railroad yard that will connect to existing Worth Avenue infrastructure.
OTHER BUSINESS
Cm Elbon commented on a published newspaper article reporting that opponents of annexation had retained the services of a professional annexation consultant, saying that the consultant retained was a garbage consultant. Cm Ditty said the individual retained was Greg Sayres, president of the WV Solid Waste Hauler Association and a lobbyist for solid waste matters. Cm Hensil disputed assertions by annexation opponents that city financial problems were driving the annexation initiative.
Cm Elbon complimented Inter-Mountain reporter Leah Dietz for the insight her stories gave on the city’s budgeting process.
The mayor reported on problems being experienced at the wastewater treatment plant.
A citywide cleanup will be undertaken May 6. The WV Department of Highways will clean Harrison/Randolph Avenue corridor.
Cm Hensil, seconded by Cm Elbon, MOVED COUNCIL MEET TO LAY THE LEVY ON APRIL 18 AND THAT MEETING BE HELD IN LIEU OF THE REGULAR MEETING OF APRIL 20. The motion carried.
The meeting adjourned at 8:40 p.m.
