PROPOSED MINUTES
REGULAR COUNCIL MEETING OFAUGUST 3, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:03 p.m. Thursday, August 3, 2006. 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., Police Captain J. E. Batdorf, Fire Chief T. W. Meader and City Attorney R. T. Busch. City Treasurer L. L. Crosston was absent.
AGENDA ADJUSTMENTS
1. Street Committee – Intention of a property owner to access a city lot by using a portion of the unopened and unimproved section of Hinkle Street.
2. Water Committee – A travel request to send two supervisors and a council member to Phoenix, AZ for the 125th American Water Works Association Conference and Exposition.
PUBLIC COMMENT
David Rao, 909_ S. Henry Avenue, making reference to a wooden plaque recently installed behind and above the mayor’s council chamber seat, said the city logo reflected thereon looked good.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Hensil, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JULY 20, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Proposed Ordinance 043, a revision of municipal election law, was not considered; however, a working draft of the measure should be available by the meeting of August 17.
Subsequent to its public hearing of July 25, Elkins Planning Commission issued a recommendation for passage of an ordinance to regulate and restrict the locations where Limited Video Lottery machines could be operated. Whereupon, Cm Woolwine, seconded by Cm Beckwith, MOVED THAT PROPOSED ORDINANCE 047, AMENDING THE LIMITED VIDEO LOTTERY REGULATIONS, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING.
Cm Woolwine, seconded by Cm Metheny, MOVED THAT PROPOSED ORDINANCE 054, CORRECTING ELKINS BUSINESS LICENSE REGULATIONS, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND READING. The motion carried.
Cm Elbon, seconded by Cm Hensil, MOVED COUNCIL DIRECT THE CLERK TO DISBURSE $2,500 OF APPROPRIATED COMMUNITY EVENTS FUNDING, LINE ITEM 001-421-5-68-033, TO THE RANDOLPH COUNTY CONVENTION AND VISITOR’S BUREAU TO UNDERWRITE THE COST OF THE 17TH ANNUAL RAMP FESTIVAL SCHEDULED FOR APRIL 2007. THE DISBURSEMENT SHALL BE MADE IN 4 EQUAL PAYMENTS, THE LAST OF WHICH TO BE ISSUED NOT LATER THAN MARCH 1, 2007; however, Cm Beckwith, seconded by Cm Broughton, MOVED TO AMEND THE MAIN MOTION BY DIRECTING THAT THE DISBURSEMENT BE MADE IN ONE IMMEDIATE LUMP SUM PAYMENT INSTEAD OF QUARTERLY PAYMENTS. The motion to amend carried. The amended main motion carried.
Cm Ditty, seconded by Cm Broughton, MOVED COUNCIL DIRECT THE CITY CLERK TO IDENTIFY SOURCES FOR AND TERMS OF FINANCING NECESSARY TO OBTAIN NEW COMPUTER SOFTWARE AND HARDWARE. The motion carried.
NEW BUSINESS
Cw Wilmoth, seconded by Cm Metheny, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The payroll clerk travels to Flatwoods for open enrollment benefit coordinator training.]
Cm Bibey, seconded by Cm Malcolm, 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 FIRST READING. The motion carried.
Cm Hensil, seconded by Cm Malcolm, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 069, PERTAINING TO THE SEWERAGE SYSTEM BOND ANTICIPATION NOTES, SERIES 2006A. The motion carried.
No further consideration or action upon measures related to the foregoing bond ordinance or reimbursement resolution were necessary.
Cm Metheny, seconded by Cm Hensil, MOVED COUNCIL ACCEPT THE LOW BID OF THIRTY-NINE THOUSAND NINE HUNDRED FORTY ($39,940.00) DOLLARS FOR THE 10TH STREET STORM WATER SEPARATION AND SANITARY SEWER PROJECT AND AWARD THE CONTRACT TO SMITH BACKHOE AND DOZER SERVICE. The motion carried.
Cw Wilmoth, seconded by Cm Metheny, MOVED COUNCIL ACCEPT THE LOW BID OF TWENTY-FOUR THOUSAND SEVEN HUNDRED ($24,700.00) DOLLARS FOR THE PORTER AVENUE STROM WATER SEPARATION PROJECT AND AWARD THE CONTRACT TO SMITH BACKHOE AND DOZER SERVICE. The motion carried.
Cm Beckwith, seconded by Cm Broughton, MOVED THAT COUNCIL GRANT THE REQUEST OF THE KIPLING SHOE COMPANY TO CONDUCT ITS ANNUAL SIDEWALK TENT SALE. The motion carried.
Cm Beckwith, seconded by Cw Wilmoth, MOVED THAT COUNCIL GRANT THE REQUEST OF YOUTH HEALTH SERVICES TRIATHLON COMMITTEE TO SPONSOR A SPRINT TRIATHLON ON AUGUST 19. The motion carried.
Cw Wilmoth, seconded by Cm Metheny, MOVED COUNCIL APPROVE TRAVEL TO PHOENIX, AZ FOR THE TWO WATER FUND SUPERVISORS AND ONE COUNCIL MEMBER TO ATTEND THE AMERICAN WATER WORKS ASSOCIATION’S CONFERENCE AND EXPOSITION FOR DISTRIBUTION, ENGINEERING AND PLANT OPERATIONS PROFESSIONALS. The motion carried.
Cm Ditty, seconded by Cw Wilmoth, MOVED THAT COUNCIL APPROVE THE ACQUISITION OF 50 LEAK NOISE LOGGERS. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 21 building permit applications since the last meeting of council, 3047 thru 3067. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 21 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
RULES AND ORDINANCE
In response to his question, Cm Beckwith was told a draft of the proposed election ordinance would be available for the meeting of August 17.
LANDFILL
Cm Metheny said a meeting had been scheduled with an engineer to discuss aeration of the leachate pond.
STREETS
Cm Hensil explained a proposal to modify operational procedures related to the backfilling and resurfacing of utility cuts made in road surfaces. Upon completion of work and sufficient backfilling of earth, concrete would then be added to bring the level of the utility cut to within 2-3” of being level with the road surface. A synthetic membrane would then be applied to cover the poured concrete and additional concrete added on top of the membrane to come level with the road surface. At a later date, when the annual paving of streets was underway, the top shell of concrete would be removed, using the underlying synthetic, liner and the road surface then covered with seamless asphalt. Experience of Department of Highways indicates fewer settlement problems are experienced by adhering to the foregoing procedure.
A citizen appeared before the Committee saying that he was going to purchase a vacant lot abutting an unopened portion of Hinkle Street. The citizen said he intended to use the unopened Hinkle Street right-of-way to access the lot. Cm Hensil said the citizen was made to understand that the city would refuse to service the access in any way unless abutting property owners petitioned and paid for the initial improvement of the unopened right-of-way. Hinkle Street is an east/west street between and parallel to Wilson Street and Davis Street. Commencing at Robert E. Lee Avenue Extension, the Hinkle Street right-of-way continues in an easterly direction towards Glendale Avenue. The unopened portion in question lies on the east side of Washington Avenue.
WATER
Water treatment plant supervisor Mike Barkley will conduct a backflow prevention presentation at Canaan Valley Resort.
OTHER BUSINESS
Cm Malcolm requested a site plan for the carnival layout, as soon as one is available. The mayor said it would be much the same of in previous years, with the exception of provisions to allow for access to the new Holiday Inn Express, and, additionally, provisions to protect the depot building from being obstructed.
Cm Broughton said he intended to call the attention of the enforcement agency to the state of disrepair of certain structures situate between Cardinal Gift Shop and the former Donut Shoppe on S. Randolph Avenue.
Cm Ditty mentioned the concept of investigating feasibility of a curbside recycling program in the city.
The meeting adjourned at 7:45 p.m.
