REGULAR COUNCIL MEETING OF MARCH 2, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:02 p.m. Thursday, March 2, 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 R. T. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman T. P. Ditty and City Attorney J. E. Busch were absent.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
David Rao, 909_ S. Henry Avenue, asked about the status of a criminal complaint he said he filed two years ago, saying the WV Attorney General should appoint a special prosecutor to investigate it. He contended that Elkins City Code Chapter 7, Elections, needed to be revised. Mentioning the contest of the 2003 election by Virgil Broughton, he then discussed his interpretation of litigation filed by Hazel Burford relative to that election.
Heath Quint, city editor of The Inter-Mountain, said that at a February 11, 2003 special call meeting Elkins City Council relieved Mayor Virgil P. Broughton of his administrative duties for the remainder of his term of office, but the resolution whereby the action was taken was not detailed in nature. Since that time, the former mayor settled the Human Rights Commission (HRC) case brought by female complainants against him, and an HRC administrative law judge dismissed the retaliation claim filed by City Clerk P. J. Graziani against the former mayor. All parties involved testified at an HRC hearing; their identities are known. Quint suggested that public confusion could be lessened if Elkins City Council would make public the ‘Florio Report.’
Bill Phares, 105 Ferndale Drive, said council should listen to the public.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Metheny, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cm Bibey, seconded by Cm Broughton, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION 059, CREATING THE RANK OF CORPORAL IN THE ELKINS POLICE DEPARTMENT. The motion carried.
NEW BUSINESS
Cw Wilmoth, seconded by Cm Bibey, MOVED THAT COUNCIL APPROVE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.
The street department requires a permit from the Department of Natural Resources for an open burning of accumulated tree trimmings and debris. A DNR regulator will not be available to visit Elkins until March 9.
Cm Elbon, seconded by Cm Bibey, MOVED COUNCIL APPROVE THE PROMOTION OF BRIAN A. TALKINGTON TO THE RANK OF CORPORAL IN THE ELKINS POLICE DEPARTMENT. The motion carried.
Cm Malcolm, seconded by Cm Bibey, MOVED COUNCIL APPROVE THE APPOINTMENT OF JOHN WILLIAM JONES TO A 1-YEAR PROBATIONARY PERIOD OF EMPLOYMENT AS AN ENTRY-LEVEL FIREFIGHTER IN THE ELKINS FIRE DEPARTMENT. The motion carried.
Cm Hensil, seconded by Cm Malcolm, MOVED COUNCIL AUTHORIZE THE ACQUISITION OF A NEW $53,000 KOMATSU BACKHOE FROM RISH EQUIPMENT COMPANY, WHICH WILL BE FINANCED OVER A 36-60 MONTH PERIOD BY A CAPITAL LEASE/PURCHASE AGREEMENT THROUGH COMVEST, LTD. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 16 building permit applications since the last meeting of council, 2893 to 2908. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Hensil, MOVED THAT COUNCIL GRANT THE 16 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
PARKS
Cm Beckwith said Governor Manchin recently announced a grant to the city’s park system.
The Commission has adopted a basic construction methodology for the pedestrian bridge; however, a decision as to visual appearance has been deferred.
PUBLIC SAFETY
Cm Bibey said the evaluation process to fill an entry-level position in the police department continues.
RULES AND ORDINANCE
Cm Woolwine reported that work continues 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
Cm Hensil discussed the need for storm water runoff infrastructure on Railroad Avenue, saying a collection and transmission mainline would have to be installed. That mainline could be used in conjunction with drainage infrastructure the RCDA will be installing on the former railroad property.
OTHER BUSINESS
Mayor Guye mentioned various projects in which she has been recently involved: the RCDA train bridge; development of a 3-year strategic plan for development; lighting for the town square nearing completion; funding for expansion of Corridor H; a summit on local preparedness for and emergency response to a potential bird flu pandemic; Enforcement Agency efforts to force either remedial action or the demolition of 12 River Street; and the project to develop a new city seal/logo.
Cm Beckwith discussed the Florio Report, saying that it should perhaps be made public.
The meeting adjourned at 8:07 p.m.
