SPECIAL COUNCIL MEETING OF FEBRUARY 6, 2006
Elkins City Council met in special session in the council chamber of city hall at 7:12 p.m. Monday, February 6, 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 and R. A. Woolwine; City Clerk P. J. Graziani, Jr., City Treasurer L. L. Crosston, Police Captain J. E. Batdorf, Fire Chief T. W. Meader, and City Attorney R. T. Busch. Councilwoman K. L. Wilmoth and City Attorney J. E. Busch were absent.
AGENDA ADJUSTMENTS
1. Discussion of possible disciplinary matters regarding city employee(s).
PUBLIC COMMENT
There was none.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JANUARY 19, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cm Malcolm, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 022, AMENDING AND REENACTING THE SEWER RATE TARIFF BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON THIRD AND FINAL READING; however, Cm Broughton, seconded by Cm Woolwine, MOVED TO LAY THE MEASURE ON THE TABLE. The motion to lay on the table carried. Cm Elbon asked for a roll call vote; however, his request could not be granted, since it was not made prior to the voice vote on the motion to lay on the table.
Cm Elbon, seconded by Cm Beckwith, MOVED TO APPEAL THE DECISION OF THE CHAIR ON THE RESULT OF THE VOICE VOTE TO LAY THE MAIN MOTION ON THE TABLE. The motion to appeal the decision of the chair carried. Mayor Guye then asked that those who had voted to lay on the table the original main motion now raise their hands to so indicate. Seven hands were raised: Beckwith, Bibey, Broughton, Ditty, Hensil, Metheny and Woolwine. She then asked that those who voted against the motion to lay on the table the original main motion now raise their hands to so indicate. Two hands were raised: Elbon and Malcolm. The outcome of the visual display of hands indicated that the chair had correctly interpreted the voice vote to lay on the table consideration of Proposed Ordinance 022.
Significant and substantial discussion ensued as to the practical consequences of not enacting Proposed Ordinance 022 at that time. Eventually, Cm Metheny, seconded by Cm Ditty, MOVED TO TAKE FROM THE TABLE THE MOTION TO PASS PROPOSED ORDINANCE 022 ON THIRD AND FINAL READING. A roll call being requested, the clerk read the roll:
Beckwith - Yes Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - Yes Metheny - Yes
Ditty - Yes Wilmoth - Absent
Elbon - Yes Woolwine - Yes
The motion to take from the table carried.
Having been taken from the table, the original main motion to pass Proposed Ordinance 022 for the third and final time was again before the assembly, with everything adhering to it, exactly as it was when laid on the table. Discussion of the measure continued at length until a call for the question by Cm Metheny motivated unanimous consent of the membership to end the debate. A roll call being requested, the clerk read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - No Metheny - Yes
Ditty - Yes Wilmoth - Absent
Elbon - Yes Woolwine - Yes
The motion to pass Proposed Ordinance 022 on third and final reading carried.
NEW BUSINESS
Cm Hensil, seconded by Cm Malcolm, MOVED THE MAYOR BE AUTHORIZED TO EXECUTE FINANCING PAPERWORK WITH COMVEST, LTD NECESSARY TO ACQUIRE A NEW BOBCAT BRAND SKID STEER WITH SPECIFIED ATTACHMENTS AND EXTENDED WARRANTY FROM JEFFERDS CORPORATION AT AN ESTIMATED COST OF FORTY-NINE THOUSAND ($49,000.00) DOLLARS PLUS THE COST OF FINANCING. The motion carried. [Questioning by various members indicated that the cost of the equipment would be borne by the General and Water funds. At the discretion of the Sanitary Board, the Sewer fund might also participate in the cost sharing.]
Cm Ditty, seconded by Cm Broughton, MOVED THE MAYOR BE AUTHORIZED TO EXECUTE AN AGREEMENT PROPOSED BY PALL CORPORATION WHEREBY THE CITY COULD OBTAIN A PALL MICROFILTRATION PILOT UNIT. The motion carried. [The agreement in question was identified as Pall Quotation #BPWSHB2005 – 05RBC-Pilot.]
Cm Metheny, seconded by Cm Hensil, MOVED THE MAYOR BE AUTHORIZED TO EXECUTE ADDENDUM 4 OF CONTRACT OF LEASE NUMBER EGB-002-206, FOR THREE OFFICES ON THE 3RD FLOOR OF CITY HALL LEASED TO EDUCATION AND STATE EMPLOYEES GRIEVANCE BOARD. The motion carried.
Cm Ditty, seconded by Cm Bibey, MOVED THAT COUNCIL CONFIRM PERMANENT STATUS FOR STEVE STANTON AS STREET DEPARTMENT ASSISTANT SUPERVISOR EFFECTIVE FEBRUARY 19, 2006. The motion carried. [Stanton will have completed a 90-day probationary period of employment as assistant supervisor on February 18, 2006. His performance had been excellent, and his supervisor recommended that he be made permanent in the position.]
Cm Woolwine, seconded by Cm Malcolm, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 056, AUTHORIZING APPLICATION FOR $12,500 OF GOVERNOR’S COMMUNITY PARTNERSHIP GRANT PROGRAM FUNDING FOR THE BENEFIT OF THE ELKINS BAND AUXILIARY. The motion carried.
Cm Metheny, seconded by Cm Ditty, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A REAL ESTATE PURCHASE AGREEMENT WITH DTS HOLDINGS, LLC TO ACQUIRE REAL PROPERTY IN THE INDUSTRIAL PARK. A roll call being requested, the clerk read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - No Metheny - Yes
Ditty - Yes Wilmoth - Absent
Elbon - Yes Woolwine - Yes
The motion carried. [Widespread discussion preceded the vote on the measure. Among the information developed during that discussion was the following: the property in question was an industrial warehouse on Baxter Street; the asking price was $425,000; the owners requested a nonrefundable earnest money escrow deposit of $50,000 to protect them from loss of rental revenue in the event the city failed to consummate the transaction; the city would make a counteroffer of a $5,000 cash nonrefundable earnest money escrow deposit plus a binding commitment to pay an additional $45,000 in cash if the city failed to buy the property; any funds escrowed would apply towards the purchase price if the city bought the property; the property would be used as a new city garage; the existing city garage on 11th Street could either be leased out or sold and the revenue thus generated could be used to defray the cost of the new facility; a new garage facility is sorely needed to house the city’s rolling stock and equipment; if the new property were acquired then the city would have operational options it does not currently have; since the building exceeds 26,000 Ft_ and sits on 1.46 acres, it might be possible to construct an addition to house the sanitation operation; the city could not build a new building at a cost less than the cost per Ft_ to be paid; the location was a good one, in that it was situated in an industrial area in the center of the city; this council could not say why the current central garage facility had not been replaced by an earlier council when costs were cheaper; prevailing wage would have to be paid if a new central garage facility was constructed; any increases in water or sewer utility rates are separate issues and should not influence this decision; acquisition of this property is a part of an overall plan to modernize city operational facilities.]
Cm Bibey, seconded by Cm Malcolm, MOVED THE MAYOR BE AUTHORIZED TO EXECUTE A LEASE AGREEMENT FOR PHOTOCOPIERS IN THE OFFICES OF THE MAYOR AND POLICE DEPARTMENT. The motion carried. [It was determined that the cost of the lease payments to be made was less than the payments currently being made.]
Cm Beckwith, seconded by Cm Elbon, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 057, AUTHORIZING APPLICATION FOR $5,000 OF GOVERNOR’S COMMUNITY PARTNERSHIP GRANT PROGRAM FUNDING FOR THE BENEFIT OF THE WEST VIRGINIA RAILROAD MUSEUM, INC. The motion carried.
Cm Elbon, seconded by Cm Metheny, MOVED THAT COUNCIL APPROVE THREE COMPENSATION ADJUSTMENTS FOR SUPERVISORS: DONNIE HEDRICK, LANDFILL, A TWO (2%) PERCENT INCREASE RETROACTIVE TO JULY 1, 2005; RODNEY NUTTER, STREETS, AN INCREASE OF SEVENTY-EIGHT (78¢) CENTS PER HOUR EFFECTIVE WITH THE PAY OF FEBRUARY 17, 2006; AND TERRILL ROTH, SANITATION, A TWO (2%) PERCENT INCREASE RETROACTIVE TO JULY 1, 2005. A roll call being requested, the clerk read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - Yes Metheny - Yes
Ditty - No Wilmoth - Absent
Elbon - Yes Woolwine - No
The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 8 building, 1 demolition, and 1 asbestos abatement permit applications since the last meeting of council, 2877 to 2887. Application 2881 will not be acted upon, pending receipt of an asbestos inspection report. Acting upon recommendation of the building inspector, the Committee approved all other applications.
Cm Malcolm, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT THE 10 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
PUBLIC SAFETY
The testing process to develop lists of persons eligible for entry-level positions in both the police and fire departments will soon be completed, said Cm Bibey.
SANITATION/LANDFILL
Cm Broughton reported on city efforts to acquire individual recycling bins. He also said the Committee needed to meet and discuss retaining the services of an engineer to develop a plan to permanently close unused cells.
OTHER BUSINESS
Attorney Busch reported on his response to the civil suit filed by Larry Gower of Mary’s Greenhouse. Gower alleged inadequate public notice of enforcement of the city’s street sweeper restrictions. The city attorney disagrees.
The mayor appointed Councilmen Malcolm, Ditty, Hensil and Metheny to an ad hoc committee to evaluate responses to the city’s request for proposals for a city seal design.
The Enforcement Agency plans to proceed with plans to demolish the derelict structure at 12 River Street.
The Randolph County Development Authority will be discussing necessary infrastructure for the development of the former railroad yard.
Cm Beckwith, seconded by Cm Woolwine, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR DISCUSSION OF POSSIBLE DISCIPLINARY MATTERS REGARDING CITY EMPLOYEE(S), PURSUANT TO WV CODE §6-9A-4(2)(A). The motion carried.
Council entered executive session at 8:28 p.m.
Council resumed special session at 9:06 p.m.
The mayor said no decisions had been made nor had any actions been taken.
The meeting adjourned at 9:06 p.m.
WATER
The Committee’s semi-annual planning meeting was scheduled for July 11 at 11:30 a.m. at C. J. Maggies.
OTHER BUSINESS
Cebridge Connections Peter Brown will meet with interested council members at 10 a.m. on July 13 in the Mayor’s office. Cable television will be the topic of conversation.
Cm Elbon, seconded by Cm Metheny, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF A MATTER OF POTENTIAL LITIGATION. The motion carried.
Council entered executive session at 8:40 p.m.
Council resumed regular session at 9:03 p.m.
The mayor said no decisions were made nor were any actions taken.
The meeting adjourned at 9:05 p.m.
