PROPOSED MINUTES
REGULAR COUNCIL MEETING OF AUGUST 16, 2007



Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, August 16, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, I. D. Talbott, 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

C. W. Phares, 105 Ferndale Drive, said nothing had been done to remedy a problem at 2 16th Street. He again stated that, according to Robert’s Rules of Order, motions need not be seconded in small boards or committees. Finally, he alleged an unspecified mistake was made during the municipal election of 2007, saying that something should be done about it. [Cm Broughton objected when Cm Beckwith responded to the speaker’s comments, saying he had been discriminated against because he was prohibited from responding to comments made at a previous occasion of public comment.]

O. Hope Jerrio, 947 S. Davis Avenue, said New York City had reduced its crime rate. Enforce small laws, she said, and the big ones will take care of themselves. Litter was bad for business. Ticket owners with trash on their property; trash should be picked up.

Becky Poe, director of County Roads Transportation, delivered the organization’s first annual report. A twelfth van will be added to the fleet of vehicles this year.

David Rao, 909_ S. Henry Avenue, announced his candidacy for the office of West Virginia Secretary of State on the Mountain Party ticket. Additionally, citing both Elkins City Code and West Virginia Code, he alleged numerous instances of nonfeasance, misfeasance and malfeasance relative to past municipal elections, especially that of 2003.


CONSENT CALENDAR

Cm Metheny, seconded by Cm Talbott, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF AUGUST 2, 2007 AND THE PUBLIC MEETING OF AUGUST 9, 2007 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

Cm Hensil, seconded by Cm Talbott, MOVED THAT PROPOSED ORDINANCE 063, ADJUSTING THE WATER RATE TARIFF, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND READING. The motion carried.

Cm Bibey reported on the activity of the ad hoc committee appointed to make recommendations on the position of full-time fire chief. Issues discussed to date were: whether or not there was a need for a full-time fire chief; duties and responsibilities of the position; potential sources of ongoing funding for the position; the process whereby the position would be filled; additional rank structure that might be warranted for the civil service fire department; the involvement of the volunteer fire association in the recommendation of a candidate for fire chief; and the volunteer fire association’s acceptance of a council-appointed fire chief. Cm Bibey met with members of the volunteer organization to initiate discussion of the position. The committee will continue to meet until it has formulated a recommendation.

The intent to apply for SAFER (Staffing for Adequate Fire and Emergency Response) Grant funding was mentioned. Cm Bibey said the fire department was working on an application to obtain multiyear funding for three additional full-time fire fighters. If a SAFER Grant was awarded, City of Elkins would have to commit to a 5-year period of performance during which the Federal contribution toward the costs of the salaries would diminish over the course of the performance period. No Federal funds would be provided in Year Five. Each applicant must certify that its governing body had been informed of its intention to submit a SAFER grant application; that the local governing body acknowledged the commitment under the grant; and that appropriate financial support would be secured for the applicant's cost-sharing obligations. The grant submission deadline was August 31.


NEW BUSINESS

Cm Broughton discussed skatepark issues, saying the Elkins Parks and Recreation Commission had committed a 100’ x 100’ parcel of land in Glendale Bottom for a skatepark site, and Snowshoe Mountain Resort had donated used skatepark equipment. He said he wanted to schedule special meetings with the parks and recreation commission, the city’s street, finance and water committees, and the city attorney to discuss what resources might be available to facilitate the establishment of the skatepark and related liability issues. Joe Sabatino said a boom truck would be needed to unload the donated Snowshoe equipment, and prep work would have to be done before a concrete pad could be poured at the park site. Cm Talbott said skateboarding was the fastest growing sport for adults over 30 years of age. Cw Wilmoth was told that rules for operation of the facility were presented to the parks and recreation commission.

Cw Wilmoth, seconded by Cm Hensil, MOVED THAT COUNCIL ACCEPT THE RECOMMENDATIONS FOR CONSTRUCTION OF A MEMBRANE FILTRATION TREATMENT PLANT TO BE SITED ON RESERVOIR HILL AND IMPROVEMENTS TO THE DISTRIBUTION SYSTEM, PURSUANT TO THE DECEMBER 2006 COMPREHENSIVE REPORT OF THE WATER TREATMENT PLANT AND DISTRIBUTION SYSTEM AUTHORED BY CHAPMAN TECHNICAL GROUP. A roll call vote being requested, the clerk read the roll:

Beckwith	No	Malcolm	Yes
Bibey	Yes	Metheny	Yes
Broughton	Yes	Talbot	Yes
Burford	Yes	Wilmoth	Yes
Hensil	Yes	Woolwine	No

The motion carried. Cm Beckwith said he favored construction of a treatment plant, but he could not vote for the motion. He took exception to Chapman Technical Group’s findings; membrane filtration as the recommended treatment method; and the proposal to site the new plant on Reservoir Hill. Cm Broughton said he had no problem with Chapman but was unsure of the membrane filtration process. Cm Talbott said that if research indicated that membrane filtration was not desirable then the treatment type would be changed to the best most cost-effective type. The attorney concurred, saying the change could be made to the most practical method. Cm Beckwith said payments should be made to the engineer on an incremental basis as work was completed. Cm Woolwine said Chapman should not be given a blank check; instead, a second opinion should be obtained. He said the input of many was needed in arriving at a final decision. Cm Malcolm was assured the city already owned land on Reservoir Hill proposed as a site for the new plant. Cm Broughton said the cost of a new plant would only increase with time.

Cm Talbott, seconded by Cw Wilmoth, MOVED THAT COUNCIL AUTHORIZE THE MAYOR, WATER COMMITTEE MEMBERS AND ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CHAPMAN TECHNICAL GROUP TO DEFINE TERMS FOR AN ENGINEERING SERVICES AGREEMENT FOR THE DESIGN AND CONSTRUCTION PHASE OF THE WATER TREATMENT PLANT REPLACEMENT AND DISTRIBUTION SYSTEM IMPROVEMENTS PROJECT, AND THAT THE FINAL FORM OF THE NEGOTIATED SERVICES AGREEMENT BE SUBMITTED TO COUNCIL FOR ITS REVIEW AND APPROVAL. A roll call vote being requested, the clerk read the roll:

Beckwith	No	Malcolm	Yes
Bibey	Yes	Metheny	Yes
Broughton	Yes	Talbot	Yes
Burford	Yes	Wilmoth	Yes
Hensil	Yes	Woolwine	No

The motion carried. Cm Beckwith was assured that Section 5G of West Virginia Code had been adhered to in selection of the project engineer.
Cw Wilmoth, seconded by Cm Bibey, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The payroll clerk will travel to Morgantown for PEIA Quarterly Benefit Coordinator Workshop and to Flatwoods for Consolidated Public Retirement Board’s PERS Payroll Clerk Seminar.]


COMMITTEE REPORTS

BUILDING

Permit Application 3296 remained unconsidered. The Committee received 14 building permit applications since the last meeting of council, 3399 thru 3412. Acting upon recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 14 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3399	Jordan, Charlie	111 Sunset Dr	Interior remodeling	$5,100
3400	Payne, Gloria	301 Davis St	Replace back porch	$1,000
3401	Harris, Rosa	101 Thirteenth St	Roof replacement	$2,890
3402	Beahm, Bob	25 1/2 Main St	Interior remodeling	$1,200
3403	Broughton, Jeff	104 Wilton Av	Storage building	$2,500
3404	Pingley, Mary	336 Graham St	Deck	$2,500
3405	Mattingly, Steve	145 Buffalo St	Roof repair	$1,500
3406	Wegman, Odie	1524 Lavalette Av	Soffit, window, siding	$2,500
3407	Arbuthnot, Alex	1521 S. Davis Av	Roof replacement, gutters	$4,500
3408	Mountaineer Mart	21 Davis Av	Remounting existing sign	$2,000
3409	Varner, Ed	113 Spruce St	Furnace, A/C install	$3,490
3410	Federal Office Building	300 Third St	Excavation, install security	$253,000
3411	Roschella, John	113 Elm St	Furnace, heating/cooling	$7,757
3412	Tanner Lumber	11th St & Industrial Park	Re-roof	$7,500

FINANCE

Cm Woolwine said the Committee would be meeting with each supervisor to monitor and review adherence to their respective budgets. The process would start with the mayor’s function.


MUNICIPAL PROPERTY

Estimates of cost for electrical work requested at the new central garage facility were proving to be intimidating. Other alternatives would have to be identified. Cm Beckwith was told the estimated cost approached $120,000. Cm Hensil said the scope of the electrical work would have to be downgraded to an affordable level.

Cm Broughton praised the sidewalk installed on 11th Street between Delaware Avenue and the Kroger parking lot. He said the success of the project resulted from the cooperation of City of Elkins, the WV Department of Highways and Allegheny Power Company. Cm Hensil said Cm Broughton should also be recognized because he coordinated much of the work.


PARKS

Cm Beckwith reported that summer programs in the parks system had ended. Electrical service would soon be installed at the Glendale Bottom office building. Access ramps leading to the pedestrian bridge had again been delayed. The planning committee identified locations for parking lots and a walking trail.


WATER

Repair work on the treatment plant filter was ongoing. Cm Talbott thanked fire department personnel for assistance rendered to contractor personnel entering confined space areas beneath the treatment plant. Significant additional cost could be incurred if extensive repair work had to be done to a second treatment filter. Funds would only be expended on the second filter if deemed absolutely necessary. The current plant will have to be kept operational until a new plant can be brought on line.

Water department personnel will be traveling to Harrisburg, PA at no cost to the city. A membrane filtration company will sponsor the trip to allow our personnel to view operation of one of their installations at a facility which draws its raw water from a source river similar to the Tygart Valley River.


OTHER BUSINESS

Complaint was made about the potholes on Williams Street.

The mayor reconstituted the Safety Committee by naming Larry Riggleman and Councilmen Metheny, Hensil and Woolwine as members. The mayor and city clerk would also participate.

Landfill employee John Simmons was recently injured in an electrical accident. He was at Western Pennsylvania Hospital undergoing skin grafts. He will not return to work for at least two months.

The upgrade of the wastewater treatment plant could be completed as early as November 2007. Operations have improved greatly since water treatment plant backwash water was diverted directly into the Tygart Valley River. The volume of sludge produced at the wastewater treatment decreased dramatically.


The meeting adjourned at 8:45 p.m.


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