PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JUNE 15, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:04 p.m. Thursday, June 15, 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, Police Captain J. E. Batdorf and Elkins Fire Chief T. W. Meader. City Attorney R. T. Busch was absent.
PUBLIC HEARING
LEASE REVENUE BONDS, SERIES 2006
Bond counsel from Steptoe & Johnson PLLC, Vincent A. Collins, gave insight into the process whereby Elkins Building Commission and City of Elkins would authorize the issuance of lease revenue bonds in a face amount not to exceed $600,000. Upon sale of the bonds to Davis Trust Company, the proceeds would be used to acquire and renovate a Baxter Street warehouse that would then replace the current central city garage facility on 11th Street. He explained that the Commission would hold legal title to the property, which it would then lease to City of Elkins on an annual basis. The revenue stream flowing from the monthly lease payments made by the City to the Commission would amortize the bonds outstanding over a 20 year period.
The mayor then invited any interested person to comment on the financing and acquisition. When no person came forward to speak, the mayor closed the public hearing portion of the meeting.
AGENDA ADJUSTMENTS
1. Ordinance controlling vendors during the Mountain State Forest Festival.
2. Authorization to execute a Land and Water Conservation Fund grant award contract.
PUBLIC COMMENT
Fifteen speakers expressed substantial opposition to two different measures proposed to regulate cats. Among the issues raised were: that the measures proposed would tacitly sanction the disposal of unwanted cat populations; expressions of health concerns arising from cats running at large were being blown out of proportion; it would be unfair to fine cat owners for regulation violations, since cats are difficult for owners to control; irresponsible cat owners that do not neuter their pets should be fined; cats contribute to the control of mice, rats and snakes; different consideration should be given to domestic cats as opposed to feral cats, since there is no connection between them; domestic cats should not have to wear a tag indicating they have been neutered; the effect of the proposed legislation would be to starve feral cats to death; enforcement of the measures would be difficult, at best; enact laws requiring that cats be spayed or neutered; the origin of the proposed ordinances is questionable since most owners of domestic cats do not experience problems; attention should be directed to irresponsible cat owners; city officials should work with veterinarians to implement spay and neuter programs; those who feed feral cats do good and should not be penalized; since feral cats live in colonies, a program of trapping, spaying and/or neutering would eventually diminish the population; require a breeder’s license for owners who do not spay and/or neuter; restrict the number of cats one person can own; and the measures proposed are too broad and general to deal with specific problems.
Two speakers supported enactment of cat regulatory measures, saying cats roaming at large caused material damage to the property of others.
Randolph County Dog Warden Jim Cain voiced the personal concern he said he felt for cats and other animals. He asserted that owners assumed a risk every time they allowed their cats outside to roam at large. While he doesn’t like the practice, he must trap cats running at large upon receipt of a complaint. All residents have rights, and some don’t want stray cats on their property, because of the potential property damage from cat urine and feces. Feral cat colonies compete with and deplete populations of other wild animals (i.e. song birds and owls, rabbits, squirrels, etc.) He encouraged adoption of the measures proposed so he has a means of controlling the cat complaints he receives, but he did not encourage a restriction on the total number of cats owned.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Beckwith, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JUNE 1, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Proposed Ordinance 043, a revision of municipal election law, was not considered. Work on the revision is not yet completed.
Cw Wilmoth, seconded by Cm Beckwith, MOVED PROPOSED ORDINANCE 046, ESTABLISHING THE POSITION OF DEPUTY TREASURER BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND AND FINAL READING. The motion carried.
Proposed Ordinance 047, amending the Limited Video Lottery regulations, was not considered, pending a public hearing of the Elkins Planning Commission.
Cm Woolwine MOVED THAT PROPOSED ORDINANCE 048, A PROHIBITION AGAINST DOMESTICATED CATS RUNNING AT LARGE, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND AND FINAL READING; however, Cm Metheny, seconded by Cm Broughton, MOVED TO TABLE THE MATTER. The motion to table carried.
Cm Hensil, seconded by Cm Woolwine, 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 SECOND AND FINAL READING. The motion carried.
Cm Woolwine, seconded by Cm Ditty, 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 SECOND AND FINAL READING; however, Cm Beckwith, seconded by Cm Broughton, MOVED TO TABLE THE MOTION. The motion to table carried.
Cm Broughton, seconded by Cm Hensil, MOVED COUNCIL APPROVE CONSTRUCTION OF A SIDEWALK ON A PORTION OF 11TH STREET BETWEEN DELAWARE AVENUE AND THE KROGER PARKING LOT. The motion carried. [Estimated cost of the project was $5,000. Street department personnel will complete the project.]
NEW BUSINESS
Cm Bibey, seconded by Cm Elbon, MOVED COUNCIL AUTHORIZE THE JUNE 2006 PAYMENT OF A ONE THOUSAND FIVE HUNDRED ($1,500.00) DOLLAR COMPENSATION ADJUSTMENT TO EACH CURRENTLY EMPLOYED FULL-TIME POLICE OFFICER WHO HAD AT LEAST ONE YEAR OF SERVICE WITH THE CITY. The motion carried. [Cm Elbon said no, funds for the adjustment were not in the budget.]
Cm Metheny, seconded by Cm Beckwith, MOVED COUNCIL APPOINT IRVIN D. TALBOTT, DEMOCRAT, TO THE ELKINS BUILDING COMMISSION FOR A TERM ENDING DECEMBER 31, 2006. The motion carried.
Cm Elbon, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT PERMANENT CIVIL SERVICE EMPLOYMENT STATUS TO PATROLMAN SCOTT R. JUDY EFFECTIVE JUNE 20, 2006. The motion carried.
Cm Ditty, seconded by Cm Elbon, MOVED THAT THE MAYOR APPOINT AN AD HOC COMMITTEE TO MEET WITH OFFICIALS OF THE MOUNTAIN STATE FOREST FESTIVAL ASSOCIATION TO AGREE UPON AN INTERPRETATION OF THE INTENT OF ORDINANCE 2003-05, CONTROLLING VENDORS DURING THE MOUNTAIN STATE FOREST FESTIVAL. The motion carried. [Ad hoc committee members appointed by the mayor were Metheny, Ditty, Wilmoth, Beckwith and Woolwine. Two additional issues that may be explored are the site for staging the carnival and Forest Festival-related overtime costs incurred by the city.]
Cm Beckwith, seconded by Cw Wilmoth, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH THE WEST VIRGINIA DEVELOPMENT OFFICE TO OBTAIN LAND AND WATER CONSERVATION GRANT FUNDS FOR THE USE OF THE PARKS AND RECREATION COMMISSION. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 15 building permit applications since the last meeting of council, 2994 and 2997 thru 3010.
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 15 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
STREETS
Redgie Shreve began a 90-day period of probationary employment with the street department. He replaced Richard Vandevender.
PUBLIC SAFETY
Cm Bibey initiated a discussion of the position of full-time fire chief, whereupon Cm Ditty, seconded by Cm Beckwith, MOVED THAT A PAID FIRE CHIEF BE HIRED FOLLOWING AN APPROVED INTERVIEW PROCESS TO START NO EARLIER THAN JULY 1, 2007, but Councilmen Ditty and Beckwith, subsequent to brief discussion of the proposal, MOVED TO AMEND THE MAIN MOTION BY REPLACING THE WORDS ‘JULY 1, 2007’ WITH THE WORDS ‘JANUARY 1, 2007.’ The motion to amend the main motion carried. A roll call vote being requested for the amended main motion, the clerk read the roll:
Beckwith - Yes Hensil - Yes
Bibey - No Malcolm - Yes
Broughton - Yes Metheny - No
Ditty - Yes Wilmoth - Yes
Elbon - Yes Woolwine - Yes
The amended main motion carried. [Highlights of the discussion on the measure included: the fact that no funds had been budgeted for the position; the personnel committee had not yet finalized a job description and submitted it for final approval; whether an incumbent in the position should serve at the will and pleasure of city council; whether the position would be subject to a 90-day probationary period of employment; a proposal for an annual salary of $30,000; that time was needed to do the planning necessary to fill the position; and whether the lack of a paid fire chief could erode the city’s International Standards Organization (ISO) rating.]
A dedication ceremony honoring deceased firefighter Mike Hart has been scheduled for June 24.
Two new police patrolmen have completed their 5th week of training at the State Police Training Academy.
One police officer will be on 30 days of active military duty in July and another in August. A third officer, Sergeant Richards, will be on active military duty from approximately October 2006 to April 2007.
OTHER BUSINESS
The mayor and Councilmen Beckwith, Broughton and Malcolm will participate in the Coalton Days parade.
Cm Woolwine said he found a street sweeper informational notice in his mailbox. Cm Bibey, Valley Bend postmaster, said that if no postage had been paid then the material should not have been put in the mailbox.
The city clerk reported that written response had been made to a February 2006 informational request from the Environmental Protection Agency concerning the city’s sanitary sewer system. That response resulted in a conference telephone call between representatives of the EPA, the WV DEP, and City of Elkins. The possibility exists, he said, that EPA could determine to assess a fine(s) for prior violations of the Clean Water Act. The nature of any violations cited could be twofold: the inability of the treatment plant to accept and treat the volume of effluent delivered by the collection and transmission system, and/or dry weather discharges of untreated effluent into the river.
The meeting adjourned at 9:28 p.m.
