PROPOSED MINUTES
SPECIAL COUNCIL MEETING OF APRIL 18, 2006
Elkins City Council met in special session in the council chamber of city hall at 7:05 p.m. Tuesday, April 18, 2006. 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, and R. A. Woolwine; City Clerk P. J. Graziani, Jr., City Attorney R. T. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman J. S. Bibey, Councilwoman K. L. Wilmoth, and City Treasurer L. L. Crosston were absent.
This special meeting reconvened the meeting of March 22, 2006, and it took the place of the regular meeting that would have been held April 20, 2006.
AGENDA ADJUSTMENTS
1. Proposed Resolution 065, authorizing execution of a contract to obtain grant funds for the use of the YMCA.
PUBLIC COMMENT
John Hemple, Enforcement Agency member, presented information on evolving building codes. At some point in the past, Elkins adhered to its own building code. Sometime in the 1990’s Elkins followed the lead of state government and transitioned to the Building Officials and Code Administrators (BOCA) National Codes. BOCA has ceased to exist, being replaced by the International Building Codes (IBC). State of West Virginia has adopted the IBC, which incorporates language that also regulates plumbing, fire prevention and electrical work. There could be legal liability exposure if the city fails to adopt some building code; therefore, he suggested the city again follow state government and adopt the International Building Codes. The greatest impact of adoption, in terms of code compliance, would be upon new construction and major renovations, since they would have to comply with the new IBC. He also suggested a more rigorous use of occupancy permits. Fire Chief Meader spoke in favor of the use of occupancy permits, saying they made possible an element of control with which to force corrections of construction or public safety flaws. Cm Beckwith was told that, no, more manpower would not be needed to assure compliance with the IBC. Cm Elbon determined that the city would adopt nothing more onerous than that which the state has already adopted, and that which the state has adopted automatically changes each time the IBC is updated. Cm Broughton observed that if the IBC had been in place then many of the problems experienced with 12 River Street might have been avoided. Hemple said the review and inspection function for large commercial projects, perhaps too complex for part-time building inspectors, could be subcontracted out to professional firms for pennies per square foot of construction proposed. Cm Malcolm observed that representatives of the WV State Fire Marshal’s office had inspected the Holiday project at least 3 times. Cm Ditty was assured historic areas would not be affected adversely. Hemple said the enforcement agency would continue to exist, and it could be used to compel the rehabilitation or demolition of derelict properties. He also suggested consideration be given to the registration, regulation and inspection of rental property. Cm Broughton agreed, saying the conversion to multiple occupancy usage was often accomplished on the cheap. Cm Malcolm said representatives of the water and sewer departments should be singing building permits. Hemple suggested a full-time building inspector could meet all requirements of compliance with IBC. Cm Woolwine was informed that a building permit was good for 6 months, but it could be renewed for an additional 6 months. In the case of 12 River Street, however, no further extensions of time would be approved.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Malcolm, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF APRIL 6, 2006 AS CORRECTED. The motion carried.
UNFINISHED BUSINESS
Cm Elbon, seconded by Cm Broughton, MOVED COUNCIL OFFICIALLY LAY THE LEVY RATES FOR PROPERTY TAXATION FOR FISCAL YEAR 2006/2007 AT THE LEVEL APPROVED BY THE STATE AUDITOR’S OFFICE AND AS THEY APPEAR IN THE MINUTES OF THE SPECIAL MEETING OF MARCH 22, 2004. The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED COUNCIL ADOPT THE LEVY ESTIMATE-BUDGET DOCUMENTS FOR THE GENERAL AND COAL SEVERANCE FUNDS AS APPROVED BY THE STATE AUDITOR’S OFFICE AND AS THEY APPEAR IN THE MINUTES OF THE SPECIAL MEETING OF MARCH 22, 2006. The motion carried.
Cm Metheny, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 042, AMENDING THE RATE OF SELECTED BUSINESS LICENSE FEES, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND READING. The motion carried.
Richard Delphey successfully completed a 90-day period of probationary employment, and his supervisor recommended him for permanent status.
Cm Metheny, seconded by Cm Beckwith, MOVED COUNCIL CONFIRM THE PERMANENT EMPLOYMENT STATUS OF RICHARD E. DELPHEY AS A LANDFILL WORKER. The motion carried.
NEW BUSINESS
Cm Ditty, seconded by Cm Woolwine, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.
Cm Woolwine, seconded by Cm Broughton, MOVED PROPOSED ORDINANCE 041, ADOPTING THE INTERNATIONAL BUILDING CODES AND THE STATE OF WEST VIRGINIA BUILDING CODE, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
Cm Woolwine, seconded by Cm Broughton, MOVED PROPOSED ORDINANCE 044, PROVIDING FOR REIMBURSEMENT BY OFFENDERS OF THE COST OF INCARCERATION AT THE REGIONAL JAIL, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
Cm Ditty, seconded by Cm Metheny, MOVED THAT ELKINS COMMON COUNCIL EXPRESS ITS APPROVAL FOR THE TRANSFER OF OWNERSHIP OF TWO USED GENERATORS FROM THE ELKINS-RANDOLPH COUNTY AIRPORT AUTHORITY TO THE RANDOLPH COUNTY OFFICE OF EMERGENCY SERVICES, FOR USE AT CAMP PIONEER. The motion carried. [The used generators were given to the Airport Authority at no cost by the Federal Aviation Administration. Upon transfer of ownership to the Office of Emergency Services, they will be reserved for emergency situations requiring their usage.]
Cm Ditty, seconded by Cm Broughton, MOVED COUNCIL APPOINT THE FOLLOWING MEMBERS TO THE ELKINS, WEST VIRGINIA FIREMEN’S CIVIL SERVICE COMMISSION FOR THE TERMS ENDING DECEMBER 31 OF THE YEAR INDICATED: JOHN M. GAINER, DEMOCRAT – 2007, ROBERT H. BAKER, DEMOCRAT - 2009, AND JENNY L. PHILLIPS, REPUBLICAN – 2011. The motion carried.
Cm Beckwith, seconded by Cm Metheny, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 065, AUTHORIZING EXECUTION OF A CONTRACT WITH THE WEST VIRGINIA DEPARTMENT OF FINANCE AND ADMINISTRATION TO OBTAIN $13,000 OF GOVERNOR’S COMMUNITY PARTNERSHIP GRANT PROGRAM FUNDS FOR THE USE OF THE YMCA. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 7 building permit applications since the last meeting of council, 2937 thru 2943. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 7 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny informed the membership of problems being experienced with a portion of the fire department roof. Unless an immediate remedy presents itself, that section of the roof may have to be redone before the beginning of the next fiscal year.
PERSONNEL
Cm Ditty said at the next regular meeting the Committee would propose action on two issues: adoption of the proposed city organizational chart and acceptance of the draft job description for the position of operations manager. Cm Beckwith encouraged the members to review the documents.
FINANCE
Cm Elbon reported that final payment had been made on two police Durango’s originally financed by lease/purchase.
PUBLIC SAFETY
Fire Chief Meader will be attending continuing professional education instruction in South Charleston May 2-5. The courses are necessary for Meader to obtain certified deputy fire marshal status.
Cm Elbon again expressed his belief that Elkins should consider the employment of a full-time fire chief, as soon as a revenue stream can be identified sufficient for the operation of the fire department.
RULES AND ORDINANCE
Cm Woolwine said consideration was being given to a revision of legislation relevant to municipal elections and to a proposal to enact new legislation to regulate the ownership of cats.
STREETS
Cm Hensil estimated the cost of the recently completed Spring Cleanup at $16,650.
WATER
Investigation continues of operational problems being experienced at both the water and wastewater treatment plants, Cm Ditty said. Though not proven, it was believed that a product used to treat potable water may be a contributing factor. The product, Del-Pac, is a poly-aluminum chloride used to coagulate and settle out solids in the water treatment process.
The Transmission and Distribution Department has identified and fixed over 40 water leaks.
The trial run of a Pilot filtration plant is going well at the treatment plant.
A Tygart Valley River cleanup is planned for April 22 and a citywide cleanup for May 6.
In response to questioning by Cm Woolwine, Supervisors Barkley and Smith explained current notification procedure in the event of major water mainline breaks or disruptions.
PARKS
Cm Beckwith announced that final selection for a visual style of the pedestrian bridge to link Glendale Bottom with Riverbend Park was almost complete. Core drillings of the proposed bridge erection site would soon be done. The construction project may be completed by September.
Cm Beckwith said the various city parks would be spot-checked during clement months for inappropriate activity.
Cm Malcolm said he believed vehicle traffic presented a danger to children using Davis Street Park.
OTHER BUSINESS
Cm Broughton presented a petition he and Cm Bibey had received from citizens concerned about the condition of 12 River Street.
The Public Service Commission will hold a public hearing on May 18 to consider the City’s application for a Certificate of Need to upgrade the wastewater treatment plant and on the protest of the increase in sewer rates adopted by city council.
The meeting adjourned at 8:26 p.m.
