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PROPOSED MINUTES
REGULAR COUNCIL MEETING OF DECEMBER 7, 2006


Elkins City Council met for a public hearing and regular session in the council chamber of city hall at 7:08 p.m. Thursday, December 7, 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, City Attorney R. T. Busch and Fire Chief T. W. Meader. Councilman V. T. Broughton and City Treasurer L. L. Crosston were absent.


PUBLIC HEARING – SEWER BOND ORDINANCE

An advertised public hearing commenced at 7:09 p.m. to receive public comment concerning Proposed Ordinance 059, providing for the issuance of Sewer Revenue Bonds, Series 2006A (West Virginia State Revolving Fund.); however, nobody came forward to speak. The hearing was adjourned at 7:09 p.m.


AGENDA ADJUSTMENTS

There were none.


PUBLIC COMMENT

There was none.


CONSENT CALENDAR

Cm Metheny, seconded by Cm Elbon, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 16, 2006 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

Cm Elbon, seconded by Cm Hensil, MOVED PROPOSED ORDINANCE 059, PROVIDING FOR THE ISSUANCE OF SEWER REVENUE BONDS, SERIES 2006A OF THE WEST VIRGINIA STATE REVOLVING FUND PROGRAM, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON THIRD AND FINAL READING. A roll call vote being requested, the clerk read the roll:

Beckwith - Yes Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - Absent Metheny - Yes
Ditty - Yes Wilmoth - Yes
Elbon - Yes Woolwine - Yes
The motion carried.


NEW BUSINESS

Cm Hensil, seconded by Cm Malcolm, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION 076, MAKING PROVISIONS AS TO THE SEWER REVENUE BONDS, SERIES 2006A (STATE REVOLVING FUND.) The motion carried.
Alice Sabatino read into the record a statement reporting to Council on the progress of the Youth Empowered Solutions (Y.E.S.) organization, the stated purpose of which is establishment of a community center and skatepark for the use of skateboarders and rollerbladers. The text is reproduced below.

“Youth Empowered Solutions (YES!) was formed originally in 2003 with the goal of involving youth in efforts to address the need in Randolph County for activities and recreation, to give youth a voice, and to be agents of change in the community. These goals hold true for the new group of young people who have adopted the YES! as their organization with the additional goal of becoming an independent nonprofit organization. Since the first organizational meeting for this new group, held on October 19, 2006, the following steps have been taken toward achieving their goal of having a youth community center and skateboard park:

&Mac183; Youth involved in YES! elected a Youth Board of Directors that includes four officers holding the positions of President, Vice-President, Secretary, and Treasurer, who are 18 years of age and older. Four other board members range in age from 12 to 15.
&Mac183; At the same organization meeting, youth selected an Adult Advisory Board that includes 10 adults representing a diverse group of professions and organizations interested in assisting the youth in their efforts.
&Mac183; At a later meeting, each Youth Board of Directors officer was assigned a mentor from the Adult Advisory Board to work one-on-one during the developmental organization stage.
&Mac183; Youth voted to accept the offer of fiscal sponsorship and technical assistance from Mountain Partners in Community Development under the umbrella of Youth Empowered Solutions (YES!) while they worked toward becoming their own nonprofit.
&Mac183; Youth, Adult Advisory Board members, and other members of the community volunteered to serve on more than six committees and subcommittees ranging from fundraising to site selection and skatepark design. These groups have been meeting both during and between scheduled public meetings. The following represents the work of these committees that have been reported at the public meetings:

FUNDRAISING COMMITTEES AND SUBCOMMITTEES:
&Mac183; A 2007-2008 13-month calendar is being printed with black and white photographs of skateboard and cycling activities throughout Elkins. These are available for pre-sale at $10 per calendar from any YES! Youth Board or Adult Advisory Board member.
&Mac183; Plans are underway for printing tee shirts with the new YES! logo in cooperation with a local printer who has offered to teach small groups of youth the use of the print equipment. Entrepreneurship grant funding is being pursued for this combined fundraising/training endeavor.
&Mac183; An adult music show is scheduled for Harper-McNeely auditorium at Davis and Elkins College for March 10, 2007. An exciting line-up of bands is being finalized and YES! promotional materials will be available for sale in the lobby.
&Mac183; A youth “metal” music show is still in the planning stages for January or February of 2007.

SITE SELECTION AND SKATEPARK DESIGN COMMITTEE:
&Mac183; Several potential sites have been identified with the following results:
&Mac183; The former IGA store site on Randolph Avenue is being offered for sale by McCabe-Henley of Charleston. While the site is currently under a 90 day contract, YES! has been asked to submit a proposal in the event that the sale does not go through.
&Mac183; A Coastal Lumber site near the Randolph County Industrial Park is also currently under contract which will result in either the sale of the property by December 22nd or become available.
&Mac183; Other properties are being considered and researched, but the requirement that a skateboard park NOT be built in a Floodplain restricts the availability of sites in Elkins. This committee invites anyone with knowledge of a potential site to contact Joe Sabatino with this information.
&Mac183; Phil Gainer of Elkins Parks and Recreation provided an excellent package of information on one community’s experience with building a skateboard park that included a great deal of valuable technical information. YES! would like to thank Phil for passing this information along to us.
&Mac183; The committee is also looking at other information obtained from Internet searches and other sources describing various skatepark designs and guidelines for designing and building with an emphasis on safety and liability.
LOGO, WEBSITE, AND PUBLIC RELATIONS COMMITTEE:
&Mac183; Youth selected a logo design created by Alice Sabatino among a number of designs. The logo design will be finalized for imprinting on tee-shirts when the details for that project are complete.
&Mac183; The YES! Board President and an Adult Advisory Board member will begin work on the website in the near future.
&Mac183; As some of the other projects are completed, all YES! members will become involved in public relations efforts.

BY LAWS AND NONPROFIT STATUS COMMITTEE:
&Mac183; Draft By-laws have been written and work has begun on writing specific by-laws to address an organizational structure that includes a Youth Board of Directors and separate Adult Advisory Board. Research into similarly situated youth-driven initiatives is being conducted as part of this process.
&Mac183; At the last YES! meeting, the youth elected to formally adopt the Youth Empowered Solutions (YES!) name for legal purposes. Name registration, filing for incorporation, and formal application for IRS 501(c) (3) nonprofit status will be completed under this name.

DONATIONS AND PURSUIT OF GRANT FUNDING ACTIVITIES:
&Mac183; To date, $176 in donations have been made to YES! Transfer of $500 in assets from the previous YES! committee will take place in the near future. Deposits from calendar sales to date were made in the amount of $140.00.
&Mac183; A grant application to the Appalachian Community Fund will be made in the near future for leadership training to assist in building the skills of the Youth Board of Directors and Adult Advisory Board in working together and with the larger community. The training will also address the topic of achieving sustainability for the future of this organization.
&Mac183; A second grant to the Youth Service America (YSA) Youth Venture Partnership Program for start-up funding for the organization that can help fund fees for incorporation and nonprofit status application.
&Mac183; The Adult Advisory Board member working with the tee-shirt project will be pursuing the entrepreneurship grant.
&Mac183; YES! is also working with the Legislative Aide for Special Projects in Senator Byrd’s Washington D.C. office. A Letter of Intent and Support Letters from the local government entities needs to reach them by early January 2007.
&Mac183; We will be exploring other grant opportunities from the National Park Service Land and Water Conservation Fund and the U.S.D.A. Community Facilities program as development work continues.”

Chapman Technical Group provided an informational representation of hydraulic information developed during the course of an engineering study being completed by the firm titled Water System Improvements Project, Study and Report Phase. Preliminary cost estimates provided indicated the total cost of a new water treatment plant and replacement of water transmission and distribution infrastructure could exceed $24,000,000.

Cm Beckwith, seconded by Cm Beckwith, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 075, EXPRESSING COUNCIL’S SUPPORT FOR YOUTH EMPOWERED SOLUTIONS (Y.E.S.), A GROUP SEEKING TO ESTABLISH A COMMUNITY CENTER AND SKATEPARK. The motion carried.

Cw Wilmoth, seconded by Cm Ditty, MOVED COUNCIL APPROVE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.

Cw Wilmoth, seconded by Cm Woolwine, MOVED COUNCIL APPROVE FUNDING THE TRAIN DEPOT WELCOME CENTER AT THREE HUNDRED ($300.00) DOLLARS PER MONTH THROUGH JUNE 2007; however, subsequent to general discussion, Cm Hensil moved and Cm Elbon seconded an amendment of the original main motion INCREASING THE MONTHLY SUPPORT LEVEL TO FOUR HUNDRED ($400.00) DOLLARS PER MONTH. The motion to amend the main motion failed. The original main motion then carried. The discussion determined there was no affiliation between the Welcome Center and the excursion railroad coincidently headquartered in the depot building; the absence of financial assistance from the Randolph County Development Authority to the Center; the current inability of the Center to qualify for disbursement of Hotel/Motel Tax proceeds; the possibility of future city funding; whether or not the Center had formulated any plan to provide its own operational revenues; and what, if any, fund raising initiatives the Center had untaken.

Consideration of the recommendation to amend police department compensation was deferred to the meeting of December 21, 2006.

Roberta Dye, Republican, Martha Caplinger Brinkley, Democrat, and the city clerk will form the Board of Ballot Commissioners for the municipal general election called for March 6, 2007.

Cm Ditty, seconded by Cm Bibey, MOVED THAT BENJAMIN E. SHEPLER BE APPOINTED MUNICIPAL JUDGE TO REPLACE RICHARD CASEY. The motion carried. Shepler will not assume the duties of office nor be compensated until the resignation of Judge Casey becomes effective.


COMMITTEE REPORTS

BUILDING

The Committee received 16 building permit applications since the last meeting of council, 3147 thru 3162. 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.


STREETS

Cm Hensil said a meeting had been scheduled with representatives of the Mountain State Forest Festival Association to discuss requirements for placement of the carnival in 2007.


PUBLIC SAFETY

Cm Bibey acknowledged receipt of two protective vests for the use of police officers, valued at $1,732, that were provided by grant funds. A second grant, originating with the Committee on Drunk Driving, will provide $9,500 for two car cameras. Both grants were secured by efforts of the police department, and neither grant required local match funds.

The two newest police officers have attained full certification.


LANDFILL

Cm Metheny reported that used aerators for use in the landfill leachate pond will be purchased from Huttonsville Public Service District.


OTHER BUSINESS

The Chamber of Commerce corresponded expressing its appreciation to the City for assistance in ensuring a successful Christmas Parade.

Senior Mechanic Charlie Ward was commended for the expertise he displayed in securing the Christmas tree display between city hall and Darden House.

Cm Woolwine, seconded by Cm Beckwith, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF A LITIGATION. The motion carried.

Council entered executive session at 8:34 p.m.
Council resumed regular session at 9:08 p.m.

The mayor said no actions had been taken nor had any decisions been made in executive session.


The meeting adjourned at 8:57 p.m.


/s/ Judith A. Guye, Mayor

/s/ Attested by Philip J. Graziani, Jr., City Clerk
City of Elkins, WV
401 Davis Avenue
Elkins WV 26241
(304)636-1414