PROPOSED MINUTES
REGULAR COUNCIL MEETING OF NOVEMBER 16, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, November 16, 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, K. L. Wilmoth and R. A. Woolwine; City Clerk P. J. Graziani, Jr., City Treasurer L. L. Crosston, Police Captain J. E. Batdorf, City Attorney R. T. Busch and Fire Chief T. W. Meader. Councilman C. L. Metheny was absent.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
There was none.
CONSENT CALENDAR
Cm Elbon, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 2 AND SPECIAL MEETING OF NOVEMBER 9, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Reproduced below is the language of a petition of the Sanitary Board.
“The Sanitary Board of the City of Elkins (the “City”) hereby petitions the Council of the City to enact an ordinance directing that sewer revenue bonds of the City be issued pursuant to the provisions of Chapter 16, Article 13, of the West Virginia Code of 1931, as amended, such Bonds to be in an amount not to exceed $9,000,000, for the purpose of refunding the outstanding Sewerage System Refunding Bond Anticipation Notes, Series 2006 A, paying costs of the acquisition and construction of additions, betterments and improvements to the existing sewerage system of the City and paying the costs of issuance and related costs. Directed this 14th day of November 2006. /s/ Sanitary Board of the City of Elkins, West Virginia, Judith A. Guye, Its Chairwoman.”
Cm Elbon, seconded by Cm Hensil, MOVED PROPOSED ORDINANCE 059, PROVIDING FOR THE ISSUANCE OF SEWER REVENUE BONDS, SERIES 2006A OF THE WEST VIRGINIA STATE REVOLVING FUND PROGRAM, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND READING. The motion carried.
NEW BUSINESS
Cm Hensil, seconded by Cm Elbon, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION 073, APPROVING INVOICES RELATING TO THE REFUNDING OF THE OUTSTANDING SEWERAGE SYSTEM REFUNDING BOND ANTICIPATION NOTES, SERIES 2006A AND ACQUISITION AND CONSTRUCTION OF CERTAIN ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE SEWERAGE SYSTEM OF THE CITY AND AUTHORIZING PAYMENT THEREOF. The motion carried.
[The current fiscal year’s General Fund budget provided $30,000 for the benefit of the Airport Authority. Of that amount, $14,500 was to be disbursed for the Authority’s annual support. The remainder of $15,500 was provided to meet the City’s two and one-half percent local match requirement for an FAA runway grant. The Randolph County Commission contributed another two and one-half percent, and state government contributed an additional five percent. Contractor bids for the project came in considerably below the engineer’s estimate of cost. The City’s match amounted to only $7,738.50, resulting in an uncommitted residue balance of $7,761.50 in the Authority’s budget line item. Cm Elbon said the Finance Committee proposed that $7,600 of the uncommitted balance be dedicated to the support of the Train Depot Welcome Center, since it was a volunteer organization in need of means to pay costs of operation. ]
Cm Bibey, seconded by Cw Wilmoth, MOVED COUNCIL APPROVE A BUDGET ADJUSTMENT NECESSARY TO TRANSFER FUNDS FROM THE AIRPORT AUTHORITY LINE ITEM [A/C 001-758—5-68.000] AND INTO THE COMMUNITY DEVELOPMENT LINE ITEM, CONTRIBUTIONS TO OUTSIDE ORGANIZATIONS – TRAIN DEPOT WELCOME CENTER [001-421-5-68.000]; however, Cm Ditty, seconded by Cm Beckwith, MOVED TO AMEND THE LANGUAGE OF THE MAIN MOTION BY STRIKING THE WORDS, “TRAIN DEPOT WELCOME CENTER.” The motion to amend carried. The presiding officer was uncertain as to the result of a voice vote on the amended main motion. Upon her request, a show of hands indicated the amended main motion carried by a vote of five members for the amended main motion, three against and one abstention. The amended main motion carried. The consensus of the discussion preceding the vote indicated a belief that the Welcome Center was doing a good job and should receive some funding. Only the amount of funding was in question. It was determined that the Welcome Center was not affiliated with the excursion railroad. Cw Wilmoth suggested that the Welcome Center be helped with some of the money but the balance be used for other purposes; it should be shared around, she said. Councilman Broughton said new signage could be installed in the 11th Street area to direct visitors downtown, or the lot behind city hall could be paved.
Insufficient detailed information was available to allow for an informed discussion of Captain Batdorf’s recommendation to modify police officer compensation. Financial information will be made available by the meeting of December 7, so that a decision could be made at that meeting or the meeting of December 21.
The city clerk said council would adopt a supplemental resolution providing for the issuance of the Sewer Bonds at the meeting of December 7. Upon recommendation of the Finance Committee, one provision of that resolution will vest in the Sanitary Board authority to approve future monthly construction draws from the bond proceeds financing the wastewater treatment plant upgrade project. During the construction period, Cm Hensil will attend Sanitary Board meetings and report back to the Finance Committee and Council.
Cm Hensil, seconded by Cm Beckwith, MOVED COUNCIL AUTHORIZE THE MAYOR TO MAKE APPLICATION FOR A HUNTINGTON BANK BUSINESS CREDIT CARD TO BE IN THE NAME OF THE CITY OF ELKINS. The motion carried.
Cw Wilmoth, seconded by Cm Ditty, MOVED THAT CITY HALL BE CLOSED TO THE PUBLIC ON THANKSGIVING FRIDAY. The motion carried. [Thanksgiving Friday will not be a holiday. City hall employees must either report for work or use a personal or annual leave day to be absent.]
Cm Ditty initiated a discussion of an article he read in The Inter-Mountain reporting on efforts of the fire department to sell fire service contracts to businesses outside the city limit, saying he was concerned about the adverse impact such an initiative could have on annexation and, additionally, the potential for legal liability for the city. Cm Beckwith concurred, saying police and fire protection were two main inducements to attract annexation. Cm Elbon said the Public Safety Committee approved an informational survey by the fire department to determine if businesses outside the city limit would be interested in contracting for city fire protection. He said as much as another $100,000 might be needed in the coming fiscal year to fund operations of the fire department. Annexation has been talked about for years, but additional money to operate the fire department is needed now. Cm Ditty’s observation that the county commission needed to implement a county-wide fire service fee was met with general approval. Cm Elbon agreed saying it was unfair that individuals had to pay for fire protection that businesses like Wal-Mart received more or less for free. Cm Hensil said the city should support and participate in a joint fire protection program with the county commission. Cm Ditty said he was concerned that his first knowledge of the initiative came from reading the newspaper. In an attempt to express the general consensus, the mayor said she believed that the informational survey should proceed, for the value of the information to be gathered, and that in 2007 the city should approach the county commission and initiate a dialogue on county-wide fire protection.
COMMITTEE REPORTS
BUILDING
The Committee received 8 building permit applications since the last meeting of council, 3139 thru 3146. Acting upon recommendation of the building inspector, the Committee approved all applications; however, Applications 3145 was to be held by the building inspector pending his receipt of a general contractor license and a WV Contractor License.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 8 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
Cm Malcolm attended an opening by the Randolph County Housing Authority of four rental units constructed at 124 Pleasant Avenue.
FINANCE
Cm Elbon referred to financial information supplied to each member, saying any questions should be directed to the city clerk.
PERSONNEL
Cw Wilmoth said two operations manager applicants would be interviewed for a second time, and supervisors would be invited to attend.
PUBLIC SAFETY
Cm Bibey reported that Regional Jail charges for October were higher, due to an increase in arrests during the Forest Festival.
STREETS
Cm Hensil said the 10th Street Storm Water Separation Project had been completed.
WATER
Cm Ditty plans to attend a computer simulation by Chapman Engineering of the hydraulic analysis information developed during the Water System Improvement Project – Study and Report Phase. The full Report should soon be available.
Repair and/or replacement of a water mainline running under Buffalo Creek will be scheduled for early 2007.
The Solid Waste Management Board will be contacted to arrange for an informational presentation to council members regarding recycling.
OTHER BUSINESS
Cm Beckwith, seconded by Cm Woolwine, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF A PERSONNEL MATTER. The motion carried.
Council entered executive session at 8:15 p.m.
Council resumed regular session at 8:55 p.m.
The mayor said no actions had been taken nor had any decisions been made in executive session.
Upon a motion by Cw Wilmoth that was duly seconded, COUNCIL VOTED ON AN AMENDMENT TO PROPOSED RESOLUTION 074 WHICH APPOINTS A CITY CLERK AND ESTABLISHES THE AMOUNT OF ANNUAL COMPENSATION FOR THE TWO-YEAR TERM AS FOLLOWS: COMPENSATION FOR YEAR ONE OF THE TERM SHALL BE INCREASED BY FOUR (4%) PERCENT AND COMPENSATION FOR YEAR TWO OF THE TERM SHALL BE INCREASED BY NO LESS THAN FOUR (4%) PERCENT AND NO MORE THAN SIX (6%) PERCENT. THE EXACT AMOUNT OF THE YEAR TWO INCREASE SHALL BE PREDICATED UPON AN OVERALL PERFORMANCE EVALUATION TO BE COMPLETED BY COUNCIL MEMBERS NO LATER THAN THE LAST DAY OF THE FIRST YEAR OF THE TERM, DECEMBER 31, 2007; a roll call vote being requested, the mayor read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - No Metheny - Absent
Ditty - Yes Wilmoth - Yes
Elbon - Yes Woolwine - Yes
The motion carried.
Upon a motion by Cw Wilmoth that was duly seconded, COUNCIL VOTED ON THE ADOPTION OF AMENDED RESOLUTION 074; a roll call vote being requested, the mayor read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - No Metheny - Absent
Ditty - Yes Wilmoth - Yes
Elbon - Yes Woolwine - Yes
The motion carried.
The meeting adjourned at 8:57 p.m.
