PROPOSED MINUTES
SPECIAL COUNCIL MEETING OF MAY 18, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:04 p.m. Thursday, May 18, 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
1. Proposed Ordinance 045, regulating yard sales.
PUBLIC COMMENT
There was none.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF MAY 4, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cm Woolwine, seconded by Cm Metheny, MOVED PROPOSED ORDINANCE 041, ADOPTING THE INTERNATIONAL BUILDING CODES AND THE STATE OF WEST VIRGINIA BUILDING CODE, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND AND FINAL READING. Wide-ranging discussion preceded the ultimate adoption of the measure. Among the issues discussed and points raised were the following: notification from State Fire Marshal Sterling Lewis, Jr. to all local jurisdictions of record that State Building Code was revised by House Bill 4192, effective May 15, 2006. The essence of the legislation was adoption of the International Building Codes (IBC’s); copies of the IBC’s are available in city hall; the services of a full-time building inspector probably would not be necessary as a result of the adoption the IBC’s; inspection of large commercial projects, if beyond the capability of local officials, could then be subcontracted to private industry at a relatively low cost; expression of personal opinion that government regulation increasingly intrudes upon subject matter of a personal nature; in response to the concern that adoption of the IBC’s would complicate approvals for electrical, plumbing and construction inspections, it was asserted that requirements under the IBC’s would be no more stringent than those of the BOCA Code; if additional costs arise from IBC adoption, the increase should be passed along to building permit applicants; should Elkins Common Council fail to adopt building codes then state building code would take precedence; had more stringent building code been in effect in recent years then problems currently being experienced with derelict real property could have been avoided; and adoption of the legislation would eventually result in additional fees to the people. At that point in the discussion, Cm Metheny, seconded by Cm Woolwine, CALLED FOR THE QUESTION. The motion to call the question carried, by a two-thirds vote. The main motion to finally adopt Ordinance 041 carried.
No action was taken on Proposed Ordinance 042, amending the rate of certain business fees. The measure will be the subject of a public hearing June 1, 2006.
No action was taken on Proposed Ordinance 043, amending municipal election law. The city attorney continues to refine the measure to be proposed.
No action was taken on Proposed Ordinance 044, providing for reimbursement by offenders of the cost of incarceration in the Regional Jail. The measure will be the subject of a public hearing June 1, 2006.
Cm Bibey, seconded by Cw Wilmoth, MOVED COUNCIL AUTHORIZE THE CITY CLERK TO DISBURSE $10,000.00 BUDGETED FOR THE BENEFIT OF THE RANDOLPH COUNTY DEVELOPMENT AUTHORITY; however, Cm Ditty, seconded by Cm Hensil, MOVED TO LAY THE MOTION ON THE TABLE. The motion to lay on the table carried. Towards the end of the meeting, Cm Hensil, seconded by Cm Woolwine, MOVED TO TAKE THE MOTION FROM THE TABLE. The motion to take from the table carried.
The proposal initiated significant discussion. Funds were not disbursed to the Enhanced-911 operation because financial information regarding operational revenues and expenditures were not readily available. Why should the Randolph County Development Authority (Authority) be treated differently; the Authority has provided financial information to council, it was asserted; the money should not be disbursed, in light of the increasing cost of government that has caused several fee increases in recent times; the Authority needs additional funds to pay for railroad track; among the listed accomplishments of the Authority were: the bike trail, the walking trails, rail yard redevelopment, acquisition of land in south county for future industrial development, and the Wood Technology Center; grant money should be pursued to pay for rail track necessary to bring the train to the depot building; Business and Occupation Tax will be paid by the excursion train; storm water separation piping infrastructure to be installed in the rail yard is for the benefit of drainage in the core downtown area; the city benefits from a working partnership with the Authority. A roll call being requested, the clerk read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - No Metheny - Yes
Ditty - No Wilmoth - Yes
Elbon - Abstained Woolwine - Yes
The motion carried. [Cm Elbon abstained from voting, because of his ownership of stock in the local excursion train that will utilize the train depot property.]
NEW BUSINESS
The clerk reported on year-to-date general fund revenues and expenditures. The report, a summary of the activity for the ten months ended April 30, 2006, compared actual cash receipts and expenditures to amounts originally appropriated. The report will serve as the basis for a final budget revision. The final revision will be accomplished by a resolution to be considered at the meeting of June 1.
Cm Woolwine, seconded by Cm Broughton, MOVED PROPOSED ORDINANCE 045, REGULATING THE CONDUCT OF YARD SALES, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 1 sign and 12 building permit applications since the last meeting of council, 2966 thru 2978.
Application 2954 was not considered for approval, because the owner needed to resolve 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.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 13 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
SANITATION/LANDFILL
Cm Metheny announced his intention to investigate the cost of extending electrical service to the vicinity of the landfill leachate pond. The power source would allow for the aeration of the leachate, to better control oxygen content.
The landfill excavator was repaired and restored to service.
The city clerk provided two reports dealing with operating results of the sanitation operation. The Statement of Revenues and Expenditures of the Sanitation Fund for the nine months ended March 1, 2006 indicated a net income of $20,538. A subsidiary Statement of Revenues and Expenditures - Sanitation Fund Roll-Off Truck Only indicated the segment was profitable and it generated a positive cash flow.
MUNICIPAL PROPERTY
Foamcoat Roofing and Coatings, Inc. completed installation of a new foam and gravel roof on a portion of the fire department building. The cost of the installation was $13,988, and the job will be subject to a 10-year maintenance agreement, identified as Issue No. 20450 dated May 22, 2006.
PUBLIC SAFETY
Cm Bibey said there had been discussion about a cooperative association with the county sheriff to obtain a trained drug dog.
Patrolman Hebb attended an award ceremony in Charleston for recipients of Domestic Violence Grants.
Two police officers will be deployed for a brief period of active military service in May.
The fire hall is being painted, both the interior and exterior.
STREETS
Departmental employees are working during the evenings to hose and sweep the core downtown area, Cm Hensil reported.
WATER
Referring to the minutes of the last committee meeting, Cm Ditty reported on departmental activity.
OTHER BUSINESS
Cm Broughton said a sidewalk should be installed on 11th Street across from the city garage, to facilitate the passage of pedestrians.
Cm Beckwith decried what he perceived to be a lack of cooperation and communication between the new Welcome Center and the Randolph County Convention and Visitor’s Bureau. He said the two organizations should work together for the betterment of the community.
Cm Malcolm said signage should be erected on Route 219, N. Randolph Avenue, to prohibit littering. Additionally, he wondered what progress regulators had made in stopping unincorporated Randolph County residents from illegally disposing of their solid waste within the city limits. In response, Cm Ditty said a countywide solid waste disposal fee should be implemented.
The meeting adjourned at 9:10 p.m.
UNFINISHED BUSINESS
Cm Elbon, seconded by Cm Broughton, MOVED COUNCIL OFFICIALLY LAY THE LEVY RATES FOR PROPERTY TAXATION FOR FISCAL YEAR 2006/2007 AT THE LEVEL APPROVED BY THE STATE AUDITOR’S OFFICE AND AS THEY APPEAR IN THE MINUTES OF THE SPECIAL MEETING OF MARCH 22, 2004. The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED COUNCIL ADOPT THE LEVY ESTIMATE-BUDGET DOCUMENTS FOR THE GENERAL AND COAL SEVERANCE FUNDS AS APPROVED BY THE STATE AUDITOR’S OFFICE AND AS THEY APPEAR IN THE MINUTES OF THE SPECIAL MEETING OF MARCH 22, 2006. The motion carried.
Cm Metheny, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 042, AMENDING THE RATE OF SELECTED BUSINESS LICENSE FEES, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND READING. The motion carried.
Richard Delphey successfully completed a 90-day period of probationary employment, and his supervisor recommended him for permanent status.
Cm Metheny, seconded by Cm Beckwith, MOVED COUNCIL CONFIRM THE PERMANENT EMPLOYMENT STATUS OF RICHARD E. DELPHEY AS A LANDFILL WORKER. The motion carried.
NEW BUSINESS
Cm Ditty, seconded by Cm Woolwine, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried.
Cm Woolwine, seconded by Cm Broughton, MOVED PROPOSED ORDINANCE 041, ADOPTING THE INTERNATIONAL BUILDING CODES AND THE STATE OF WEST VIRGINIA BUILDING CODE, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.
Cm Woolwine, seconded by Cm Broughton, 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 FIRST READING. The motion carried.
Cm Ditty, seconded by Cm Metheny, MOVED THAT ELKINS COMMON COUNCIL EXPRESS ITS APPROVAL FOR THE TRANSFER OF OWNERSHIP OF TWO USED GENERATORS FROM THE ELKINS-RANDOLPH COUNTY AIRPORT AUTHORITY TO THE RANDOLPH COUNTY OFFICE OF EMERGENCY SERVICES, FOR USE AT CAMP PIONEER. The motion carried. [The used generators were given to the Airport Authority at no cost by the Federal Aviation Administration. Upon transfer of ownership to the Office of Emergency Services, they will be reserved for emergency situations requiring their usage.]
Cm Ditty, seconded by Cm Broughton, MOVED COUNCIL APPOINT THE FOLLOWING MEMBERS TO THE ELKINS, WEST VIRGINIA FIREMEN’S CIVIL SERVICE COMMISSION FOR THE TERMS ENDING DECEMBER 31 OF THE YEAR INDICATED: JOHN M. GAINER, DEMOCRAT – 2007, ROBERT H. BAKER, DEMOCRAT - 2009, AND JENNY L. PHILLIPS, REPUBLICAN – 2011. The motion carried.
Cm Beckwith, seconded by Cm Metheny, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 065, AUTHORIZING EXECUTION OF A CONTRACT WITH THE WEST VIRGINIA DEPARTMENT OF FINANCE AND ADMINISTRATION TO OBTAIN $13,000 OF GOVERNOR’S COMMUNITY PARTNERSHIP GRANT PROGRAM FUNDS FOR THE USE OF THE YMCA. The motion carried.
COMMITTEE REPORTS
BUILDING
The Committee received 7 building permit applications since the last meeting of council, 2937 thru 2943. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 7 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny informed the membership of problems being experienced with a portion of the fire department roof. Unless an immediate remedy presents itself, that section of the roof may have to be redone before the beginning of the next fiscal year.
PERSONNEL
Cm Ditty said at the next regular meeting the Committee would propose action on two issues: adoption of the proposed city organizational chart and acceptance of the draft job description for the position of operations manager. Cm Beckwith encouraged the members to review the documents.
FINANCE
Cm Elbon reported that final payment had been made on two police Durango’s originally financed by lease/purchase.
PUBLIC SAFETY
Fire Chief Meader will be attending continuing professional education instruction in South Charleston May 2-5. The courses are necessary for Meader to obtain certified deputy fire marshal status.
Cm Elbon again expressed his belief that Elkins should consider the employment of a full-time fire chief, as soon as a revenue stream can be identified sufficient for the operation of the fire department.
RULES AND ORDINANCE
Cm Woolwine said consideration was being given to a revision of legislation relevant to municipal elections and to a proposal to enact new legislation to regulate the ownership of cats.
STREETS
Cm Hensil estimated the cost of the recently completed Spring Cleanup at $16,650.
WATER
Investigation continues of operational problems being experienced at both the water and wastewater treatment plants, Cm Ditty said. Though not proven, it was believed that a product used to treat potable water may be a contributing factor. The product, Del-Pac, is a poly-aluminum chloride used to coagulate and settle out solids in the water treatment process.
The Transmission and Distribution Department has identified and fixed over 40 water leaks.
The trial run of a Pilot filtration plant is going well at the treatment plant.
A Tygart Valley River cleanup is planned for April 22 and a citywide cleanup for May 6.
In response to questioning by Cm Woolwine, Supervisors Barkley and Smith explained current notification procedure in the event of major water mainline breaks or disruptions.
PARKS
Cm Beckwith announced that final selection for a visual style of the pedestrian bridge to link Glendale Bottom with Riverbend Park was almost complete. Core drillings of the proposed bridge erection site would soon be done. The construction project may be completed by September.
Cm Beckwith said the various city parks would be spot-checked during clement months for inappropriate activity.
Cm Malcolm said he believed vehicle traffic presented a danger to children using Davis Street Park.
OTHER BUSINESS
Cm Broughton presented a petition he and Cm Bibey had received from citizens concerned about the condition of 12 River Street.
The Public Service Commission will hold a public hearing on May 18 to consider the City’s application for a Certificate of Need to upgrade the wastewater treatment plant and on the protest of the increase in sewer rates adopted by city council.
The meeting adjourned at 8:26 p.m.
