PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JULY 6, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:02 p.m. Thursday, July 6, 2006. Present were: Acting Mayor P. J. Graziani, Jr.; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, T. P. Ditty, H. R. Elbon, T. Z. Hensil, C. L. Metheny and R. A. Woolwine; Deputy City Clerk A. L. Broschart, City Treasurer L. L. Crosston, Police Captain J. E. Batdorf, Elkins Fire Chief T. W. Meader and City Attorney R. T. Busch. Mayor Judith Ann Guye, Councilman R. J. Malcolm and Councilwoman K. L. Wilmoth were absent.
PUBLIC HEARING
PROPOSED ORDINANCE 049
Alfred Varner, 226 Sylvester Drive, said he opposed imposition of the fire fee on outbuildings.
In response to the inquiry of Bill Phares, 105 Ferndale Avenue, it was explained that the purpose of the measure proposed was to include in the calculation of fire fees the entire square footage of buildings which receive fire protection from the Elkins Fire Department. If finally enacted, the measure would include the square footage of livable attics, basements, and garages, whether attached or detached, and all utility buildings upon the premises of the property owner as part of the total square footage for determination of the fire protection service assessment.
When no other person came forward to speak, the chair closed the public hearing portion of the meeting at 7:06 p.m.
AGENDA ADJUSTMENTS
1. Temporary street closure request of the Church of the Nazarene.
PUBLIC COMMENT
Faye Cowgill, 108 Evans Drive, said the ad hoc committee appointed to consider two measures proposed to regulate cats had met twice.
CONSENT CALENDAR
The chair noted that the minutes proposed for the meeting of June 15, 2006 omitted mention of the passage on second reading of Proposed Ordinance 049, amending fire fee assessment regulations.
Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JUNE 15, 2006 AS CORRECTED. The motion carried.
UNFINISHED BUSINESS
Proposed Ordinance 043, a revision of municipal election law, was not considered; however, work on the revision should be completed by the end of August.
Proposed Ordinance 047, amending the Limited Video Lottery regulations, was not considered, pending a July 25, 2006 public hearing of the Elkins Planning Commission.
Cm Bibey, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 049, AMENDING FIRE FEE ASSESSMENT REGULATIONS, 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 - No Hensil - Yes
Bibey - Yes Malcolm - Absent
Broughton - No Metheny - Yes
Ditty - Yes Wilmoth - Absent
Elbon - Yes Woolwine - Yes
The motion carried.
NEW BUSINESS
Cm Beckwith noted that on July 1, 2006 two employees of the treasurer’s office begun 90-day probationary periods of employment in new positions: Joyce R. Chenoweth as deputy city treasurer and Doris G. Williams as revenue officer.
Cm Beckwith, seconded by Cm Bibey, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.
Cm Ditty, seconded by Cm Hensil, MOVED THAT COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A RENTAL AGREEMENT WITH U.S. FILTER WASTEWATER GROUP, INC. TO OBTAIN A CONTINUOUS MICROFILTRATION UNIT FOR OPERATIONAL EVALUATION. The motion carried.
Cm Metheny, seconded by Cm Beckwith, MOVED COUNCIL APPOINT CAROL HYRE TO THE LIBRARY BOARD FOR A TERM OF 5 YEARS TO COMMENCE JULY 1, 2006. The motion carried.
Cm Woolwine, seconded by Cm Metheny, MOVED THAT PROPOSED ORDINANCE 052, REGARDING PERSONS WHO FAIL TO APPEAR IN ELKINS MUNICIPAL COURT, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
Cm Woolwine, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 053, ADDING SECTIONS TO ELKINS CITY CODE REGARDING INTERRUPTION OF THE FLOW OF TRAFFIC BY PERSONS IMPROPERLY OPENING VEHICLE DOORS; DISABLING COMMUNICATION DEVICES USED TO CONTACT EMERGENCY PERSONNEL; AND URINATING IN PUBLIC, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED COUNCIL GRANT THE REQUEST OF ELKINS CHURCH OF NAZARENE TO TEMPORARILY CLOSE A ONE-HALF BLOCK PORTION OF LINCOLN AVENUE ON JULY 28 AND 29. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 1 sign and 22 building permit applications since the last meeting of council, 3011 thru 3034. Application 3023 was void.
Application 2954 remained unconsidered. The owner had not resolved problems with the sewer service line and other issues with an adjacent land owner.
Acting upon recommendation of the building inspector, the Committee approved all applications considered.
Cm Beckwith, seconded by Cm Elbon, MOVED THAT COUNCIL GRANT THE 23 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
The chair asked that the Committee determine whether or not Gateway Apartments should have to pay building permit fees, since Gateway is an adjunct of municipal government.
WATER
Gary Tingler began a 90-day period of probationary employment on June 19 in the position of assistant supervisor of water transmission and distribution.
STREETS
Cm Hensil said the sanitation committee would be asked to accept responsibility for special pickups and the removal of general debris from city streets and alleys.
SANITATION/LANDFILL
There have been several instances during in past weeks when requests for roll off solid waste containers could not be honored; all city owned roll off containers were in service. In those instances, the mayor and/or city clerk authorized the customers to obtain a container from another solid waste hauler without incurring any additional charge from the city. Committee members were asked to consider the recommendation of Supervisor Roth to purchase two additional roll off containers.
MUNICIPAL PROPERTY
The real estate closing for the warehouse building at the corner of Baxter and Chestnut Streets will be at 11 a.m. on Monday, July 10.
PUBLIC SAFETY
During the month of June, 55 offenders were incarcerated at the Regional Jail at a cost of $2,667.50.
The fire department dedicated a plaque to the memory of deceased fireman Mike Hart.
OTHER BUSINESS
Phase I of the new sewer rates will become effective July 21.
A Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern was filed by Kenneth N. Nazelrod on behalf of Nella Cucina, 224 3rd Street.
A Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern was filed by Shan Le Kim on behalf of Golden China Restaurant, 412 Kerens Avenue.
The chair appointed an ad hoc committee to consider a recommendation to buy new computer software and hardware. The mayor, Councilmen Ditty and Elbon, Councilwoman Wilmoth, the clerk and treasurer will compose the committee.
Elkins Planning Commission will hold a public hearing at 7 p.m. on July 25 to consider petitions to change the zoning classification of the substantially unimproved 22 acres of Graceland Hills Subdivision that was recently annexed into the city. The effect of the zoning change, if finally adopted, would be to allow for the construction of single family residences only. The Commission will also consider the city’s proposal to change the Limited Video Lottery regulations.
There were no additional developments in plans to install a sidewalk on 11th Street, between Delaware Avenue and the Kroger parking lot.
The ad hoc committee formed to consult with the Forest Festival Association had not yet met.
The meeting adjourned at 7:58 p.m.
