PROPOSED MINUTES
REVISED SPECIAL COUNCIL MEETING OF OCTOBER 3, 2006
Elkins City Council met in special session in the council chamber of city hall at 7:00 p.m. Thursday, October 3, 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 Fire Chief T. W. Meader.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
In her capacity as presiding officer, Mayor Guye expressed the policy she intended to implement relative to the Public Comment portion of council meetings. She asked that members listen to what citizens had to say without engaging in dialogue with or cross-questioning of the speaker. Additionally, she directed that council members be recognized by the chair before commenting upon their own interpretation of any report of, or comments offered by, another council member. Councilman Broughton took exception with the mayor’s pronouncements, saying his personal feeling was that his constitutional right of free speech would be curtailed by adherence thereto.
Making reference to his September 21 comments concerning operations of the railroad depot building welcome center, Ed Griesel said his ownership of stock in the excursion railroad company was irrelevant to his involvement in the welcome center. Since the welcome center is not affiliated with the excursion railroad, there was no conflict of interest.
Dave Rao, 909_ S. Henry Avenue, made reference to an appearance he made at a September 21 executive session of city council. Subsequent to that appearance, the city attorney informed him by letter that a complaint he previously filed had been forwarded to the WV State Police for investigation. He intimated that one or more city officials were guilty of failure to perform official duties, as required by WV Code. Lastly, he said he was entitled to equal protection under the law.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Beckwith, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 7, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
There was none.
NEW BUSINESS
Cm Elbon, seconded by Cm Hensil, MOVED PROPOSED ORDINANCE 057, AMENDING AND REENACTING PHASE TWO OF THE PUBLIC SERVICE COMMISSION-APPROVED RATES FOR FURNISHING SEWAGE AND SEWAGE DISPOSAL SERVICE AT ELKINS AND VICINITY, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. A roll call being requested, the clerk read the roll:
Beckwith - No Hensil - Yes
Bibey - Yes Malcolm - Yes
Broughton - No Metheny - Yes
Ditty - Yes Wilmoth - Yes
Elbon - Yes Woolwine - Yes
The motion carried. [Phase Two rates could be implemented in early 2008, upon certification of substantial completion of the project to upgrade the capacity of the wastewater treatment plant. The low contractor bid opened September 13 exceeded the engineers’ estimate of cost by approximately $1.5 million. Proposed Ordinance 057 increases Phase Two rates in an amount sufficient to amortize the additional indebtedness, an increase of approximately a 5.8% increase.]
Cm Beckwith, seconded by Cm Bibey, MOVED THAT COUNCIL APPOINT RANDALL BILLER TO THE ELKINS SANITARY BOARD FOR A THREE-YEAR TERM TO EXPIRE DECEMBER 31, 2008. The motion carried.
Cm Hensil, seconded by Cm Malcolm, MOVED THAT COUNCIL APPOINT DAVID L. ICE TO THE ELKINS SANITARY BOARD FOR A THREE-YEAR TERM TO EXPIRE DECEMBER 31, 2007. The motion carried.
Cw Wilmoth, seconded by Cm Bibey, MOVED COUNCIL APPROVE EMPLOYEE TRAVEL, AS REFLECTED ON THE AGENDA. The motion carried.
Cm Ditty, seconded by Cw Wilmoth, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE DOCUMENTS NECESSARY TO ACCEPT A ZEEWEED 1000 MEMBRANE TECHNOLOGY PILOT-SCALE DEMONSTRATION PROPOSAL. The motion carried. [The Zeeweed unit will be the third microfiltration system evaluated.]
COMMITTEE REPORTS
BUILDING
Building Permit Application 3079 was previously disapproved, because the construction proposed would have violated setback provisions of zoning law. However, upon appeal to the board of zoning appeal, a variance was granted.
Cm Malcolm, seconded by Cm Hensil, MOVED COUNCIL GRANT BUILDING PERMIT APPLICATION 3079, SINCE THE BOARD OF ZONING APPEALS GRANTED A VARIANCE. The motion carried.
The Committee received 10 building permit applications since the last meeting of council, 3112 thru 3121. Acting upon recommendation of the building inspector, the Committee approved all applications.
Cm Malcolm, seconded by Cm Metheny, MOVED THAT COUNCIL GRANT THE 10 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
MUNICIPAL PROPERTY
Cm Metheny reported that repair parts for the fire department boiler were on order.
OTHER BUSINESS
Cm Broughton commended Ed Griesel on operations of the train depot welcome center.
Cm Beckwith said his vote against the rate tariff ordinance, necessary to obtain funding for the wastewater treatment plant upgrade project, did not mean that he was against the upgrade project itself.
The meeting adjourned at 7:25 p.m.
