PROPOSED MINUTES
REGULAR COUNCIL MEETING OF SEPTEMBER 7, 2006
Elkins City Council met in regular session in the council chamber of city hall at 7:03 p.m. Thursday, September 7, 2006. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, 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 John E. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman V. T. Broughton and City Attorney R. T. Busch were absent.
PUBLIC HEARING – SEWERAGE BOND NOTES
The mayor commenced a public hearing at 7:03 p.m. to receive public comment on the proposal to issue Sewerage System Bond Anticipation Notes, Series 2006A. No person came forward to speak. The public hearing adjourned at 7:03 p.m.
PUBLIC HEARING – BUSINESS LICENSE FEE REGULATION
The mayor commenced a public hearing at 7:03 p.m. to receive public comment on the Proposed Ordinance 054, correcting Elkins Business License Fee regulation. No person came forward to speak. The public hearing adjourned at 7:04 p.m.
AGENDA ADJUSTMENTS
1. Request of the Elkins Area Band Auxiliary to temporarily close selected streets.
2. Proposal to lease the High Street microwave tower.
PUBLIC COMMENT
Billy Canfield, 108 Davis Street, expressed concern about bicycles without reflectors being ridden after nightfall. He then encouraged the issuance of citations to speeding motorists on Davis, Graham and Center Streets. Lastly, he encouraged adoption of a uniform vehicle towing policy, suggesting that enforcement of the current policy was erratic in its application.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Beckwith, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF AUGUST 17, 2006 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cm Elbon, seconded by Cm Metheny, MOVED THAT PROPOSED ORDINANCE 056, PROVIDING FOR THE ISSUANCE OF SEWERAGE SYSTEM BOND ANTICIPATION NOTES, SERIES 2006A, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND AND FINAL READING. The motion carried.
Cm Hensil, seconded by Cm Elbon, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 071, A SUPPLEMENTAL RESOLUTION RELEVANT TO MEASURES RELATED TO BOND ORDINANCE 056. The motion carried.
Cm Bibey, seconded by Cm Elbon, MOVED THAT PROPOSED ORDINANCE 054, CORRECTING ELKINS BUSINESS LICENSE REGULATIONS, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON THIRD AND FINAL READING. The motion carried.
Cm Woolwine, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 043, AMENDING AND REENACTING CHAPTER 7, ELECTIONS, OF ELKINS CITY CODE, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.
Cw Wilmoth, seconded by Cm Malcolm, MOVED THAT PROPOSED ORDINANCE 055, CHANGING THE ZONING CLASSIFICATION OF GRACELAND HILLS SUBDIVISION TO RESTRICTED RESIDENTIAL (A-RESIDENTIAL), BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND AND FINAL READING. The motion carried.
NEW BUSINESS
Cw Wilmoth, seconded by Cm Beckwith, MOVED THAT COUNCIL APPOINT JOHN M. GAINER, DEMOCRAT, TO THE ELKINS FIREMEN’S CIVIL SERVICE COMMISSION AS THE CHAMBER OF COMMERCE APPOINTEE, SUCH APPOINTMENT TO EXPIRE DECEMBER 31, 2008. The motion carried.
Cm Ditty, seconded by Cm Metheny, MOVED THAT COUNCIL APPOINT CAROL SCHULER TO THE ELKINS HISTORIC LANDMARKS COMMISSION, TO REPLACE HEATHER BIOLA. The motion carried.
Cm Beckwith, seconded by Cm Hensil, MOVED COUNCIL GRANT THE REQUEST OF THE ELKINS AREA BAND AUXILIARY TO TEMPORARILY CLOSE SELECTED STREETS, TO FACILITATE THE TOURNAMENT OF BANDS ON SEPTEMBER 9, 2006. The motion carried.
Cm Metheny, seconded by Cm Woolwine, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A TOWER LEASE AGREEMENT WITH THE DIGITAL SOUP, LLC; however, Cw Wilmoth, seconded by Cm Ditty, MOVED THE MEASURE BE TABLED. The motion to table carried. [Three main areas of concern arose during the discussion: the adequacy of the monthly cash rental rate fifty dollars; the prohibition against the city allowing any other entity to use the tower for the purpose of providing, enhancing or otherwise supplying in whole or in part any form of digital communications or internet access; and problems that could arise if a new water treatment plant was sited in the vicinity of the microwave tower.]
COMMITTEE REPORTS
BUILDING
The Committee received 22 building permit applications since the last meeting of council, 3079 thru 3101, Application 3085 being void.
The Committee disapproved Application 3079. The construction proposed would be closer than 25’ from the Lincoln Avenue property line, a violation of zoning law. Acting upon recommendation of the building inspector, the Committee approved all other applications.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 21 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
PUBLIC SAFETY
Cm Bibey reported that August 2006 Regional Jail fees paid totaled $1,824.01.
RULES AND ORDINANCE
Cm Woolwine said the meetings had been held on both the election ordinance revision and the proposal to regulate cats.
SANITATION/LANDFILL
Cm Metheny reported on progress made in the effort to extend electrical service to the vicinity of the leachate holding pond. Approximately one-half of the right-of-way necessary for power lines had been cleared.
STREETS
Cm Hensil said a meeting had been scheduled with carnival representatives, to discuss the site plan for the various rides and attractions. One concern to be addressed will be access to the new Holiday Inn Express.
He also reported that the Porter Avenue storm water separation project had been substantially completed.
WATER
Cm Ditty said the Committee would meet in special session to discuss replacement of a section of water mainline on Bell Street.
OTHER BUSINESS
Cm Hensil, seconded by Cm Ditty, MOVED COUNCIL ENTER EXECUTIVE SESSION. The motion carried. The mayor indicated that a personnel matter was to be discussed. Council entered executive session at 8:02 p.m. Council resumed regular session at 8:40 p.m. The mayor reported that no decisions were made nor were any actions taken.
The WV Public Service Commission issued a final order in Case No. 06-0079-S-CN, granting a certificate of convenience and necessity for the wastewater treatment plant upgrade project.
A Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern was filed by Beverly Keefer on behalf of Cues and Brews, LLC, 200 Randolph Avenue.
The mayor stated her understanding that Trick or Treat would be observed on October 31 from 5:30 p.m. to 7:00 p.m. for children 12 years of age and younger. No members disagreed.
Cm Elbon, seconded by Cm Woolwine, MOVED THAT THE REGULAR COUNCIL MEETING OF OCTOBER 5, 2006 BE CANCELLED, IN OBSERVANCE OF MOUNTAIN STATE FOREST FESTIVAL ACTIVITIES. The motion carried.
City hall will be closed to the public on Friday, October 6, in observance of Mountain State Forest Festival activities. However, city hall employees must either work on that day or use annual leave or a personal day to be absent.
Contactor bids for the wastewater treatment plant upgrade project are to be opened at noon on Wednesday, September 13.
The mayor said recent contacts indicate to her the possibility of further development on Wilson Lane, outside the city limit. Elkins would have to provide both potable water and sewerage treatment service. Depending on the magnitude of the development to take place, it might be necessary to expand the capacity of the sewer pump station.
Vision 2010 initiatives continue to be pursued. A survey form should soon be available.
A memorial service to honor victims of the September 11, 2001 terrorist attack has been planned for 9 a.m. Monday September 11.
