PROPOSED MINUTES
REGULAR COUNCIL MEETING OF MARCH 16, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:03 p.m. Thursday, March 16, 2006. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, 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 J. E. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman T. P. Ditty and City Attorney R. T. Busch were absent.
AGENDA ADJUSTMENTS
1. Permanent employment of Timothy Elmore, Street Maintenance Worker III.
PUBLIC COMMENT
Billy Canfield, 108 Davis Street, spoke about the unsafe and unsightly physical condition of the dilapidated structure at 12 River Street. He said the city should investigate the property, because no work to remedy its physical condition is being completed.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF MARCH 2, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
There was none.
NEW BUSINESS
Cm Beckwith, seconded by Cm Broughton, MOVED THAT COUNCIL APPROVE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.
Cm Bibey, seconded by Cm Woolwine, MOVED COUNCIL APPROVE THE APPOINTMENT OF JEFFERY D. ROY TO A ONE-YEAR PROBATIONARY PERIOD OF EMPLOYMENT AS AN ENTRY-LEVEL PATROLMAN IN THE ELKINS POLICE DEPARTMENT EFFECTIVE APRIL 14, 2006. The motion carried.
Cm Metheny, seconded by Cm Bibey, MOVED COUNCIL APPROVE THE APPOINTMENT OF BRADLEY T. SHARP TO A ONE-YEAR PROBATIONARY PERIOD OF EMPLOYMENT AS AN ENTRY-LEVEL PATROLMAN IN THE ELKINS POLICE DEPARTMENT EFFECTIVE APRIL 17, 2006. The motion carried.
Cm Elbon, seconded by Cm Metheny, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE DOCUMENTATION NECESSARY TO FINANCE THE ACQUISITION AND INSTALLATION COSTS OF TWO REPLACEMENT ROTORS FOR THE WASTEWATER TREATMENT PLANT. The motion carried. [In response to questioning by Councilmen Beckwith and Elbon, Mayor Guye said the rotors would be used in the upgraded treatment plant, and that the cost would eventually be borne by the bond issue financing the upgrade project]
Cw Wilmoth noted the period to respond to the city’s published Request for Proposal – Legal Services would end at 4:30 p.m. Friday, March 17. To date, one response had been received. She asked that the subject matter be reflected on the agenda of the special call meeting scheduled for March 22.
Noting that Timothy Elmore had successfully completed a 90-day probationary of employment and that his supervisor had recommended him for permanent status, Cm Hensil, seconded by Cm Metheny, MOVED THAT COUNCIL CONFIRM THE PERMANENT EMPLOYMENT STATUS OF TIMOTHY ELMORE AS A STREET MAINTENANCE WORKER III/EQUIPMENT OPERATOR. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 12 building permit applications since the last meeting of council, 2909 to 2920. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 12 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
Relevant to Mr. Canfield’s public comment, Cm Broughton asked how long Roger Fussell had to complete the remediation of 12 River Street. Mayor Guye and Cm Malcolm discussed an agreement the Enforcement Agency had reached with Mr. Fussell that required the work be completed by June 2006. The timetable of the agreement identified certain milestone accomplishments to be completed by certain dates (i.e. asbestos abatement, a new electrical meter box and installation of an exterior power supply for construction workers). No further extensions of time would be granted to Mr. Fussell beyond the June 2006 deadline, they said.
FINANCE
Cm Elbon spoke briefly of the Committee’s ongoing efforts to prepare balanced levy estimates for the city’s General and Coal Severance funds.
The city clerk said a public hearing scheduled for March 21 could not take place. The hearing was planned to discuss a percentage increase in the property tax rate beyond one percent. Mandatory public notification of the meeting had been incomplete. The Inter-Mountain had correctly published a Class II legal ad on Tuesday, March 14, but did not publish a necessary block ad on the same date. The soonest the public meeting could be rescheduled was March 28. Cm Elbon said the Committee members had determined that a pubic hearing was not necessary, since the Committee had been successful in bringing the General fund budget into balance without the need for an increase in the property tax rate beyond the allowable one percent. Cm Elbon, seconded by Cm Hensil, MOVED COUNCIL NOT SCHEDULE A PUBLIC HEARING TO DISCUSS AN INCREASE OF PROPERTY TAX RATES IN EXCESS OF THE ALLOWABLE ONE PERCENT. The motion carried.
The clerk then reviewed the revised compensation package provided to the members.
As to revenue and expenditure assumptions for the General fund budget, the clerk explained various assumption revisions affecting the building inspector function, Hotel/Motel Occupancy Tax revenue and expenditure, and the need to provide for unforeseen contingencies.
Cw Wilmoth, seconded by Cm Metheny, MOVED COUNCIL MEET IN SPECIAL SESSION ON WEDNESDAY, MARCH 22 TO SET THE LEVY RATE AND FINALIZE THE GENERAL AND COAL SEVERANCE FUND LEVY ESTIMATES. The motion carried.
SANITATION/LANDFILL
Cm Broughton said the Committee would meet April 6 to discuss equipment needs at the landfill.
RULES AND ORDINANCE
Cm Woolwine reported that work continued on revisions of election law, in particular, and city code, in general. He invited the membership to comment on any concern they might have.
The Book Publishing Company has discontinued its product CodeMaste, used to digitize Elkins City Code. The Committee will be searching for a replacement software product.
STREETS
Changes to the Spring Cleanup schedule were discussed, but no changes were made for the current year.
Mayor Guye announced a Community Cleanup for May 6, which would be sponsored by a wide range of community organizations. That cleanup would be separate from and in addition to the city’s Spring Cleanup.
Cm Malcolm noted that many alleys needed gravel.
OTHER BUSINESS
The application for a Public Service Commission Certificate of Convenience and Necessity, to upgrade the wastewater treatment plant, will not be processed further until there is resolution to the rate tariff case.
Cm Metheny indicated his desire to have the subject matter of the Florio Report on the agenda of the next regular meeting, that of April 6.
Cm Broughton said if the Florio Report was to be released then a report authored by Attorney Nancy Brown, of Steptoe and Johnson, should also be released. He asserted the report was directed to the former city attorney, the firm of Jory and Smith.
The mayor said the city logo/seal project was being reviewed by the attorney. A contract was being considered that would allow for the city’s use of the logo while allowing the designer to market it.
The meeting adjourned at 8:10 p.m.
