PROPOSED MINUTES
SPECIAL COUNCIL MEETING OF APRIL 17, 2007



Elkins City Council met in special session in the council chamber of city hall at 7:04 p.m. Tuesday, April 17, 2007. Present were: City Clerk P. J. Graziani, Jr.; Councilpersons: R. N. Beckwith, V. T. Broughton, J. S. Bibey, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny and I. D. Talbott; City Attorney R. T. Busch, Police Lieutenant H. R. White, III and Fire Chief T. W. Meader. Mayor Judith Ann Guye; council members K. L. Wilmoth and R. A. Woolwine; City Treasurer L. L. Crosston and Police Captain J. E. Batdorf were absent.

This meeting reconvened the special call meeting of March 27, 2007 at which property tax levy rates were set and Levy Estimate (Budget) documents were adopted for Fiscal Year 2007/2008.


PUBLIC COMMENT – LEVY RATES FOR FISCAL YEAR 2007/2008

This comment period was provided for any person desiring to object to or discuss either the property tax levy rates set or the Levy Estimate documents adopted for FY 2007/2008. No person came forward to speak.


AGENDA ADJUSTMENTS

There were none.


PUBLIC COMMENT

There was none.


CONSENT CALENDAR

Cm Metheny, seconded by Cm Bibey, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF APRIL 5, 2007 AS CORRECTED. The motion carried. [Cm Metheny observed that the correct name of a Public Comment speaker was Reverend Douglas Lewis.]


UNFINISHED BUSINESS

No action was taken on Proposed Ordinance 061, amending Breach of Peace legislation, was not considered, pending public notification.


NEW BUSINESS

Cm Hensil, seconded by Cm Bibey, MOVED THAT COUNCIL LAY THE PROPERTY TAX LEVY RATES FOR FISCAL YEAR 2007/2008 AS SET AT THE MEETING OF MARCH 27 AND SUBSEQUENTLY APPROVED BY THE STATE AUDITOR’S OFFICE. The motion carried.

Cm Metheny, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO REDGIE SHREVE IN THE POSITION OF STREET DEPARTMENT CONSTRUCTION WORKER I EFFECTIVE APRIL 13, 2007. The motion carried.

Cm Beckwith, seconded by Cm Broughton, MOVED THAT COUNCIL APPROVE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [Two water fund employees to Morgantown for the WV-WEA WV-AWWA Joint Annual Conference, and two police officers to Clarksburg for in-service training titled “Taking Legible Fingerprints. A trip to Charleston by the police receptionist for in-service training was withdrawn from consideration.]


COMMITTEE REPORTS

BUILDING

Building Permit Application 3211 was previously disapproved, because the area of the garage proposed would have exceeded the 800 FT_ legal maximum. Upon appeal to the Elkins Board of Zoning Appeal, however, a variance was granted to James L. Harris allowing for the construction of a 1,040 FT_ garage at 1005 S. Kerens Avenue. Cm Malcolm, seconded by Cm Broughton, MOVED THAT COUNCIL GRANT BUILDING PERMIT APPLICATION 3211, SINCE THE BOARD OF ZONING APPEALS GRANTED A VARIANCE. The motion carried.

Building Permit Applications 3234 and 3235 were not acted upon at the meeting of April 5. Having been subsequently reviewed by the city attorney, the building inspector recommended their approval. Cm Malcolm, seconded by Cm Broughton, MOVED THAT COUNCIL GRANT BUILDING PERMIT APPLICATIONS 3234 AND 3235. The motion carried.
The Committee received 10 building permit applications since the last meeting of council, 3250 thru 3259. 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.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3250	Smith, Donald	715 Harrison Avenue	Demolition	$3,000
3251	The Housing Authority	Stoddard Avenue	Replace entrance doors	$132,590
3252	Gum, Judy	77 High Street	Foster and cinder blocks	$1,984
3253	Gum, Judy	77 High Street	Int. remodel-bathroom and	$13,120
3254	Shiflett, Ken	522 Davis Street	Siding and paint	$7,000
3255	Thompson, Herman	207 Sylvester Drive	Replacement windows and siding	$15,000
3256	Lopez, Tom	108 Riverview Drive	De-watering basement	$3,465
3257	Seaman, Judy	1316 S. Davis Avenue	Tearing out wall-building closet	$900
3258	Davis Trust Co.	227 Davis Avenue	Existing room into 2 offices, remodel kitchen	$50,000
3259	Marks, Melvin	2 River Street	New modular structure	$155,150

FINANCE

Among outstanding issues to be addressed are a general fund budget adjustment for the current fiscal year and formulation of enterprise fund budgets proposals for the coming fiscal year.


MUNICIPAL PROPERTY

An organizational meeting was held to inform new members of the status of ongoing projects (i.e., the Baxter Street garage modifications and improvements, potential sites for a skatepark, etc.)


PARKS

The log house donated by the William Brown Family will be moved to Lower Glendale Bottom next Sunday.

A steering committee will be formed to guide the development of Lower Glendale Bottom.

Work on the pedestrian bridge was slowed by inclement weather.

PUBLIC SAFETY

Fire department personnel will conduct an informational PowerPoint presentation at a forthcoming council meeting. The subject will be the Insurance Services Office’s Public Protection Classification Program, which objectively rates local fire-protection services. The rating assigned to the local fire-service provider by ISO has a direct bearing on insurance rates imposed upon the area served.

The Committee was asked to work towards preparation of a position report on the issue of employment of a full-time fire chief.


RULES AND ORDINANCE

An updating of Elkins City Code will be undertaken.


STREETS

Cw Burford lauded advance notice given to residents concerning the free Spring Cleanup.

Cm Hensil said he was aware that inclement weather may have discouraged residents of First and Second Wards from adequately preparing to dispose of unwanted items. Some recourse may be available to those wards.


WATER

The Committee was asked to begin work to increase water utility rates, in anticipation of construction of a new water treatment plant.


OTHER BUSINESS

Attorney Busch said that the testimony of Code Enforcement Officer Miriam Hedrick will conclude the hearing on Mary’s Greenhouse v. City of Elkins. A decision should be forthcoming.

The Vision 2010 Ad Hoc Committee will meet at 5 p.m. Wednesday, April 18.

A Zoning Form was submitted on behalf of Unexpected Treasurers DBA Deliziosa Café, 110 3rd Street, by Celestina A. Yeager.

Mayor Guye appointed Ellen Spears to the Elkins Historic Landmarks Commission to replace resigning member Sue Gillespie.


The meeting adjourned at 7:30 p.m.


/s/ Judith A. Guye, Mayor
/s/ Philip J. Graziani, City Clerk