PROPOSED MINUTES
REGULAR COUNCIL MEETING OF AUGUST 17, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:03 p.m. Thursday, August 17, 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., Police Captain J. E. Batdorf, and City Attorney R. T. Busch. Councilman V. T. Broughton, City Treasurer L. L. Crosston and Fire Chief T. W. Meader were absent.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
David Rao, 909_ S. Henry Avenue, commended City Attorney Busch for the clarity and thoroughness of the ordinance proposed to revise municipal election law, saying he particularly liked the event-specific language contained in the proposal (i.e., The common council shall issue the call for each election not later than one hundred twenty-four days preceding each election.) Mr. Rao then asked about the status of a criminal complaint he had filed.
An unidentified Boundary Avenue resident expressed concern about a proposal to erect storage buildings on Randolph Avenue, near its intersection with 3rd Street, saying the intended usage did not reflect the historic nature of the city. The property in question, formerly the site of Barb’s Laundromat, lies between the property of Richard D. ‘Dick’ Earle and that of Skinner Insurance. A further concern, she said, was the potential to adversely affect the recently designated ‘Wees Historical District.’ She felt the main corridor through the city [Randolph Avenue] had already been afflicted with a sufficiency of “…parking lots and odd looking structures.”
Grace Wilson Sundelin, 109 High Street, opposed the proposal to construct a commercial storage facility on Randolph Avenue, saying that it would contribute to the [aesthetic] decline of Randolph Avenue. Issuance of a building permit, she said, would be detrimental to the future look of the city. Passage through the city along Randolph Avenue leaves visitors with a lasting impression of the community.
Thomas Hackman, 201 Center Street, supported the two previous opponents of the proposed storage facility.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Hensil, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF AUGUST 3, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Copies of Proposed Ordinance 043, An Ordinance Amending and Reenacting Chapter 7, Elections, of Elkins City Code, were made available to the membership and the general public. Additionally, a copy of the measure was sent for the review of Jason Williams, Manager, Elections Division, WV Secretary of State. Council will not consider the measure until the meeting of September 7, at the earliest.
Cm Woolwine, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 047, AMENDING THE LIMITED VIDEO LOTTERY REGULATIONS, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND AND FINAL READING.
No action was taken on Proposed Ordinance 054, correcting Elkins Business License regulations, until a public hearing September 7.
Cm Metheny, seconded by Cm Elbon, MOVED PROPOSED ORDINANCE 055, CHANGING THE ZONING CLASSIFICATION FOR GRACELAND HILLS SUBDIVISION FROM B-RESIDENTIAL TO A-RESIDENTIAL, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED THAT PROPOSED BOND ORDINANCE 056, PROVIDING FOR THE ISSUANCE OF SEWERAGE SYSTEM BOND ANTICIPATION NOTES, SERIES 2006A, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND READING. The motion carried.
Neither further consideration of, nor action upon, measures related to the foregoing Proposed Bond Ordinance 056 were deemed necessary.
NEW BUSINESS
Cw Wilmoth, seconded by Cm Bibey, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [Two police officers travel to Charleston for training academy graduation ceremonies, and the police receptionist travels to Charleston for mandatory certification training.]
Cm Bibey, seconded by Cw Wilmoth, MOVED THAT COUNCIL GRANT THE REQUEST OF MASTERPIECE, INCORPORATED, DBA BEANDER’S AT DUE NORTH, TO TEMPORARILY CLOSE THE ALLEY NEXT TO ITS BUSINESS PREMISES AT 314 DAVIS AVENUE FROM 8 A.M. TUESDAY, OCTOBER 3 UNTIL 6 P.M. ON SUNDAY, OCTOBER 8, FOR THE PURPOSE OF PROVIDING FOOD, LEGAL BEVERAGES AND LIVE ENTERTAINMENT DURING THE MOUNTAIN STATE FOREST FESTIVAL. The motion carried.
Cm Metheny, seconded by Cm Hensil, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 070, AUTHORIZING ESTABLISHMENT AND MAINTENANCE OF A TRAFFIC SIGNAL SYSTEM. The motion carried. [Cm Hensil said the new computerized signals would be placed on Davis Avenue where it was intersected by 1st, 2nd, and 3rd Streets. The traffic study conducted by WV DOH indicated insufficient traffic flow at the 4th Street intersection to warrant its inclusion in the new system. Emergency vehicles would be able to control the new signals to facilitate their passage through those intersections during events of emergency response. Cm Elbon was assured the project would be installed at no cost to the city.]
COMMITTEE REPORTS
BUILDING
Building Permit Application 3038 was previously disapproved, because the construction proposed would have violated setback provisions of zoning law. Upon appeal to the Elkins Board of Zoning Appeal, a special condition variance was granted. The special condition imposed was that “no part of the structure be any closer than two feet from the side property line or three feet from the rear property line.”
Cm Malcolm, seconded by Cm Metheny, MOVED COUNCIL GRANT BUILDING PERMIT APPLICATION 3038, SINCE THE BOARD OF ZONING APPEALS GRANTED A VARIANCE; HOWEVER, THE SPECIAL CONDITION(S) OF THE BOARD OF ZONING APPEAL ARE HEREBY INCORPORATED INTO AND MADE A PART OF THIS BUILDING PERMIT. The motion carried.
The Committee received 10 building permit applications since the last meeting of council, 3068 thru 3078, Application 3075 being void. The Committee granted conditional approval to Application 3078. The condition placed upon that application was that the sidewalk abutting the applicant’s property on Randolph Avenue be replaced. Acting upon recommendation of the building inspector, the Committee approved all other applications unconditionally.
Cm Malcolm, seconded by Cm Hensil, MOVED THAT COUNCIL GRANT THE 10 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE INCLUDING ANY SPECIAL CONDITIONS IMPOSED. The motion carried, after the chair called for a show of hands. [Substantial discussion preceded the vote. Issues developed by the participants could basically be considered twofold: rights of property owners vs. the need for urban planning. Those espousing property owner rights decried imposition of special conditions upon one property owner that might not be applied to all property owners equally, arguing that such actions could impede economic development of private property. In opposition were those who, in effect, argued for some level of urban planning, saying that development in Elkins was more often a haphazard, incremental event than a deliberate planned process. Essentially, they advocated adoption of a discipline of land use planning which could deal with issues of architecture, landscape architecture and urban design which, taken togeater, could assure the maintanance of an aesthetically pleasing appearance for the city.]
PARKS
Cm Beckwith said new playground equipment would be installed in the downtown park sometime in September.
The new fencing for Bluegrass Park has been delivered. The old fence was removed, and the new one will soon be erected.
Teay’s Valley Construction submitted the low bid of $429,000 for the pedestrian bridge intended to connect Lower Glendale Bottom with Riverbend Park. Due to the unavailability of sufficient funding, the project will have to be reassessed. Additional funding will be sought and reductions in project cost will also be considered (i.e., purchase of a used bridge vs. construction of a new one; changing the design of the ramps on either side of the bridge, etc.)
PERSONNEL
Employment ads for an operations manager have been published.
RULES AND ORDINANCE
Cm Woolwine said a meeting had been held with the ad hoc committee appointed to investigate the regulation of cats.
As a result of information developed during a meeting with representatives of the Mountain State Forest Festival Association, a recommendation may be made to change existing regulation of permitting and licensing of vendors attending city fairs and festivals.
STREETS
Cm Hensil said Cameron Lewis had been hired temporarily to provide heavy equipment operator training to inexperienced employees.
Ryan Wolfe will complete his probationary period of employment on August 20, and his supervisor has recommended him for permanent employment. Cm Hensil, seconded by Cm Metheny, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO RYAN WOLFE AS A STREET WORKER 4 EFFECTIVE WITH THE PAYROLL OF SEPTEMBER 1, 2006. The motion carried.
Redgie Shreve will complete his probationary period of employment on August 27, and his supervisor has recommended him for permanent employment. Cm Hensil, seconded by Cm Metheny, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO REDGIE SHREVE AS A STREET WORKER 2 EFFECTIVE WITH THE PAYROLL OF SEPTEMBER 1, 2006. The motion carried.
WATER
Cm Ditty reported that Joshua Stout had commenced a probationary period of employment as a water treatment plant operator-in-training.
OTHER BUSINESS
Cw Wilmoth asked that trash cans in the core downtown area be emptied more often if needed.
The mayor reported a gratifying response to the request for proposals soliciting contractors to replace the sidewalk across from Dodd’s Florist Shop.
The mayor granted permission to the Augusta organization to close Church Lane, since the request had been received between council meetings.
West Virginia Department of Environmental Protection, Division of Water and Waste Management issued the draft of the wastewater treatment plants’ National Pollutant Discharge Elimination System Water Control Permit. The public comment period extends from August 11 to September 10, 2006. Pursuant to a legal advertisement published in The Inter-Mountain, a copy of the draft was made available for public inspection in the lobby of city hall.
It was recommended that the building permit approval process be streamlined and made easier, since fully half of all building permit applications are for roof replacement.
The meeting adjourned at 8:25 p.m.
