PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JUNE 1, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:10 p.m. Thursday, June 1, 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., City Treasurer L. L. Crosston, City Attorney R. T. Busch, Police Captain J. E. Batdorf and Elkins Fire Chief T. W. Meader.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
O. Hope Jerio, resident of 311 11th Street, said attendees of the Rainbow Gathering should be made to feel welcome in the community.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF MAY 18, 2006 AS CORRECTED. The motion carried.
UNFINISHED BUSINESS
Cm Elbon, seconded by Cm Metheny, MOVED PROPOSED ORDINANCE 042, AMENDING THE RATE OF SELECTED BUSINESS LICENSE FEES, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON THIRD AND FINAL READING. The motion carried.
Cm Bibey, seconded by Cw Wilmoth, MOVED PROPOSED ORDINANCE 044, PROVIDING FOR REIMBURSEMENT BY OFFENDERS OF THE COST OF INCARCERATION AT THE REGIONAL JAIL, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON THIRD AND FINAL READING. The motion carried.
Cm Metheny, seconded by Cm Broughton, MOVED PROPOSED ORDINANCE 045, REGULATING THE CONDUCT OF YARD SALES, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND AND FINAL READING. The motion carried.
NEW BUSINESS
Cw Wilmoth, seconded by Cm Ditty, MOVED PROPOSED ORDINANCE 046, ESTABLISHING THE POSITION OF DEPUTY TREASURER BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried. [Cw Wilmoth said the Personnel Committee recommended creation of the position as a proactive measure to provide continuity in the treasurer’s office and to assure the continued efficient administration of government.]
Cm Woolwine, seconded by Cm Metheny, MOVED PROPOSED ORDINANCE 048, A PROHIBITION AGAINST DOMESTICATED CATS RUNNING AT LARGE, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried. [Information developed during the discussion indicated that the measure was not intended by be punitive, but that cat owners should be responsible for their animals; if finally enacted, the measure would be enforced by the county animal control officer; cats would have to wear vaccination tags, but they would not have to be registered; the county assessor does register dogs but not cats; the city would have to put in place its own bureaucracy to register cats; cat populations are greater than dogs because of a cats ability to breed up to four times annually.]
Cm Elbon, seconded by Cm Hensil, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 067, APPROVING BUDGET ADJUSTMENT NUMBER 1 FOR THE FISCAL YEAR ENDING JUNE 30, 2006. 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 - Yes
Elbon - Yes Woolwine - Yes
The motion carried.
Cm Bibey, seconded by Cm Metheny, MOVED THAT PROPOSED ORDINANCE 049, AMENDING FIRE FEE ASSESSMENT REGULATIONS, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING; however, Cm Woolwine, seconded by Cm Metheny, MOVED TO AMEND THE LANGUAGE OF THE PROPOSED ORDINANCE BY INSERTING THE WORD “LIVABLE” IN SECTION (b) – Square Footage LINE ONE IMMEDIATELY BEFORE THE WORD “ATTICS.” The motion to amend by the insertion of additional language carried. The original amended main motion carried. [Prior to the second reading, the attorney was to modify the language of the proposal further by removing the word “Volunteer” from paragraph 1, line three. Cm Elbon suggested the creation of an inventory of additional property to be subject to the Fire Fee as a result of final adoption of the measure. Cm Broughton suggested implementation of a countywide fire fee. Cm Metheny asserted that fire fees paid by Elkins residents and businesses provide positive economic benefit to nonresidents of the city.]
Cm Hensil, seconded by Cm Metheny, MOVED THAT PROPOSED ORDINANCE 050, AUTHORIZING AND APPROVING THE LEASING OF A GARAGE AND MAINTENANCE FACILITY, THE SITE THEREOF AND ALL NECESSARY APPURTENANCES FROM THE ELKINS BUILDING COMMISSION; THE ACQUISITION, RENOVATION, IMPROVEMENT AND EQUIPPING THEREOF; THE ISSUANCE AND SALE BY THE ELKINS BUILDING COMMISSION OF NOT TO EXCEED $600,000 OF ITS LEASE REVENUE BONDS, SERIES 2006, AND THE LEASING OF SUCH FACILITIES BY THE BUILDING COMMISSION TO CITY OF ELKINS; PRESCRIBING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT AND LEASE AND OTHER INSTRUMENTS AND AUTHORIZING AND APPROVING OTHER DOCUMENTS AND MATTERS RELATING TO THE TERMS AND SECURITY OF SUCH BONDS; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.
Cm Beckwith, seconded by Cm Elbon, MOVED PROPOSED ORDINANCE 051, A PROHIBITION AGAINST THE FEEDING OF DOMESTICATED OR FERAL CATS RUNNING AT LARGE, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.
Cm Bibey recommended the position of full-time fire chief be created and an incumbent named to it effective July 1, 2006. He proposed Thomas W. Meader for the position, at an annual salary of $30,000. He said Elkins City Code Chapter 8 enumerated the duties of the position. Cm Elbon expressed concern about having two chiefs, one for the civil service department and one for the volunteer association. Councilmen Broughton and Ditty said they thought the position should be advertised and interviews scheduled with all applicants. Cm Metheny was concerned that the Insurance Services Office (ISO) rating for Elkins could be jeopardized if there was not a full-time fire chief. Cm Malcolm said he believed the recently adopted International Building Codes would require a greater number of fire inspections. Cm Bibey asked that the matter appear on the agenda for the next council meeting. During the intervening two weeks, he said he would discuss the issue with the other members.
Cw Wilmoth, seconded by Cm Woolwine, MOVED COUNCIL APPROVE ADJUSTMENTS OF HOURLY PAY RATES FOR THE DEPUTY TREASURER AND REVENUE OFFICERS EFFECTIVE JULY 1, 2006. The motion carried. [The hourly pay rates approved were $11.91 for deputy treasurer and $10.20 for revenue officer.]
Cm Ditty, seconded by Cm Broughton, MOVED COUNCIL GRANT THE REQUEST OF H. W. DANIELS POST NO. 29, THE AMERICAN LEGION, TO USE THE PROPERTY BEHIND CITY HALL FOR A DISPOSAL OF UNSERVICEABLE FLAGS CEREMONY. The motion carried. [An unserviceable flag would be one that was worn, torn, faded or otherwise unusable.]
COMMITTEE REPORTS
BUILDING
Cm Malcolm reminded the members that building permit application 2946 had not been approved, because the construction proposed would have violated zoning law. However, upon appeal to the Elkins Board of Zoning Appeal, a variance was granted to allow the construction proposed.
Cm Malcolm, seconded by Cm Beckwith, MOVED COUNCIL GRANT BUILDING PERMIT APPLICATION 2946, SINCE THE BOARD OF ZONING APPEALS GRANTED A VARIANCE FROM THE 25-FOOT SETBACK REQUIREMENT. The motion carried.
The Committee received 18 building permit applications since the last meeting of council, 2979 thru 2996. Application 2994 lacked necessary information; therefore, it was not considered.
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 Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 17 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
PARKS
Cm Beckwith announced the acquisition of $38,000 of new playground equipment. Half the purchase will be funded by a grant award, and the other half will be come from the Junior Women’s Club and operating funds.
WATER
Elkins took second place at an American Water Works Association taste testing.
OTHER BUSINESS
Cm Broughton again discussed the need for a sidewalk on 11th Street across from the city garage. He said it would not be necessary to remove an existing hedge, and a new sidewalk would make the area handicapped accessible.
Cm Ditty was told the street sweeper did not service portions of Bruce Street because of the rough and uneven nature of the street.
Cw Wilmoth said her contact of the owners of the former IGA property disclosed that they had not given permission for anybody to use the property, that the area will be secured to prohibit unauthorized usage, and that a special pickup will be scheduled to remove the debris and trash present in the alley.
The meeting adjourned at 8:40 p.m.
