PROPOSED MINUTES
REGULAR COUNCIL MEETING OF DECEMBER 6, 2007


Elkins City Council met in regular session in the council chamber of city hall at 7:10 p.m. Thursday, December 6, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, I. D. Talbott, Jr., K. L. Wilmoth and R. A. Woolwine; City Clerk P. J. Graziani, Jr., City Treasurer L. L. Crosston, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. City Attorney R. T. Busch was absent.

The meeting commenced with an invocation by Mayor Guye and the Pledge of Allegiance.


AGENDA ADJUSTMENTS

1. Proposed Resolution 097, endorsing the establishment of a Teen Court program in Randolph County.


PUBLIC COMMENT

O. Hope Jerrio, 947-A S. Davis Avenue, said council meetings should be conducted in accordance with Robert’s Rules of Order. Saying she could not see, she asserted that some accommodation for her disability should be made, pursuant to the Americans with Disabilities Act. Specifically, she asked that council members speak one at a time after first rising to a standing position and identifying themselves.

Vickie Aucremanne, 110 S. Henry Avenue, extended a general invitation to attend the Randolph County Humane Society’s ‘Home for the Holidays’ open house.

Charles W. Phares, 105 Ferndale Drive, alleged that Irvin D. Talbott, Jr. signed his certificate of announcement for the municipal election of 2007 on November 20, 2006. He questioned why council adopted a resolution [No. 077 dated January 18, 2007] to incorporate Graceland Hills Subdivision into the fourth ward of the city. He stated that a potential candidate for municipal office had to be a certified voter of the city at the time of filing a certificate of announcement of candidacy, and he alleged that Talbott lacked that necessary qualification.

David Rao, 909_ S. Henry Avenue, said he had issues he had intended to address, but he said he would not do so in the absence of the city attorney.


RECOGNITION

Mayor Guye recognized Elaine Griesel and Sue Derbyshire for their contributions to the beautification of the city. Griesel voluntarily planted and maintained the flower bed under the welcome sign on the 5-lane near St. Brendan’s Cemetery. Derbyshire was responsible for a similar flower bed at the welcome sign on U.S. 219 North.


CONSENT CALENDAR

Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 15, 2007 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

Cm Bibey, seconded by Cm Talbott, MOVED THAT COUNCIL APPOINT THOMAS W. MEADER TO THE POSITION OF FULL-TIME FIRE CHIEF EFFECTIVE JANUARY 1, 2008. The motion carried.

Cm Talbott, seconded by Cw Wilmoth, MOVED THAT PROPOSED ORDINANCE 069, AUTHORIZING THE ISSUANCE OF NOT MORE THAN $500,000 IN AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE NOTES, SERIES 2007, FOR THE PURPOSES OF FINANCING THE COSTS OF IMPROVEMENTS AND EXTENSIONS TO THE EXISTING PUBLIC WATERWORKS FACILITIES OF THE CITY AND COSTS OF ISSUANCE OF THE NOTES; PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH NOTES; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH NOTES; AND ENACTING OTHER PROVISIONS WITH RESPECT THERETO, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON SECOND READING. The motion carried.


NEW BUSINESS

Cm Metheny, seconded by Cm Hensil, MOVED THAT COUNCIL ACCEPT THE RESIGNATION OF COUNCILMAN VAN T. BROUGHTON FROM HIS FIFTH WARD COUNCIL SEAT EFFECTIVE NOVEMBER 29, 2007. The motion carried. [Mr. Broughton removed his place of permanent residence from Fifth Ward.]

Mayor Guye appointed an ad hoc committee to recommend a procedure whereby the vacancy in Fifth Ward could be filled. The members appointed were Cm Bibey, the remaining Fifth Ward representative, Cm Beckwith and Cm Talbott.

Cw Burford, seconded by Cm Bibey, MOVED THAT PROPOSED ORDINANCE 070, REVISING THE ELKINS, WEST VIRGINIA MUNICIPAL BUSINESS AND OCCUPATION TAX ORDINANCE, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.

Cw Wilmoth, seconded by Cm Beckwith, MOVED THAT CITY HALL BE CLOSED TO THE PUBLIC AT 12 NOON ON CHRISTMAS AND NEW YEAR’S EVES. The motion carried. Cw Wilmoth noted that a holiday was not being declared. City hall employees would have to work the full day unless they used either a personal day or a day of annual leave to be absent.

Cw Wilmoth, seconded by Cw Burford, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The water treatment plant operator will travel to Scott Depot (Cross Lanes) for a threat management training seminar.]

Treasurer Crosston presented to council the Annual Reports of the Policemen’s and Firemen’s Pension and Protection Funds. The reports, prepared by Actuary Michael L. Pisula, covered the fiscal year ended June 30, 2007.

Cm Hensil, seconded by Cw Burford, MOVED THAT COUNCIL CONFIRM AND MAKE PERMANENT THE PROMOTION OF DONALD R. MOORE TO THE POSITION OF WATER WORKER II AS OF NOVEMBER 20, 2007. The motion carried.

Cm Talbott, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO PERRY D. CAIN IN THE POSITION OF WATER WORKER I AS OF DECEMBER 24, 2007. The motion carried. [Mr. Cain will have completed his probationary period of employment on December 23, and his supervisor recommended him for permanent status.]

Cm Metheny, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO RICHARD E. DELPHY IN THE POSITION OF LANDFILL EQUIPMENT OPERATOR AS OF DECEMBER 16, 2007. The motion carried. [Mr. Delphy will have completed his probationary period of employment on December 15, and his supervisor recommended him for permanent status.]

The mayor deferred consideration of the permanent employment status of Larry L. Riggleman to the meeting of December 20. [The action was taken at the request of Mr. Riggleman.]

Cm Woolwine, seconded by Cm Hensil, MOVED THAT COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH THE ARCHER COMPANY TO PERFORM A COMPENSATION AND PAY CLASSIFICATION STUDY. The motion carried.


Cm Beckwith, seconded by Cm Hensil, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION NO. 096, EXPRESSING OPPOSITION TO THE DESIGNATION OF THE ADDITIONAL WILDERNESS AREAS PROPOSED WITHIN THE MONONGAHELA NATIONAL FOREST. The motion carried.

Cm Bibey, seconded by Cm Talbott, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION NO. 097, WHICH ENDORSED ESTABLISHMENT OF A TEEN COURT PROGRAM IN RANDOLPH COUNTY. The motion carried.


COMMITTEE REPORTS

BUILDING

Permit Application 3296 was finally considered and approved.

The Committee received 12 new building permit applications since the last meeting of council, 3509 thru 3520. Acting upon recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Metheny, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 13 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

At Cm Malcolm’s suggestion, a moment of silence was observed in memory of former council member Thomas F. Waller.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3509	Liggett, Helen	224 Evergreen Dr	Re-wireRe-roof	$2,600
3510	Vangundy, Jim	240 Boundary Av	Windows and sidingRe-roof and gutters	$8,300
3511	Gunderson, Laura	120 2nd St	Re-roofRe-roof	$15,473
3512	Meade, Gary	414 Center St	Bedroom additionNew heating and cooling unit	$9,500
3513	Thompson, Lisa	87 Ward Av	Upgrade electrical serviceReplacement windows	$2,000
3514	Heckel, Jay	201 Ward Av	Re-roofRemodel garage	$25,000
3515	Lanham, Mark	112 Mt View Dr	Manufactured homeKitchen cabinets, replace doors	$4,250
3516	Pifer, Jim	206 Southview Dr	Replacement windowsReplace windows & heating unit	$17,754
3517	Dawg House	204 Randolph Av	Signage	$50
3518	Whetzel, Robert	202 15th St	Remodel kitchen & bathroom	$7,200
3519	Gray, Ed	119 Sunset Dr	Replace windows	$6,200
3520	Eye, B. W.	1735 S Davis Av	Handicap ramp	$3,632

PARKS

Cm Beckwith invited the members to enjoy the decorative lights on display in the city park. He said something new was being added each year.


PERSONNEL

Cw Wilmoth noted that the second year of the city clerk’s current term of office would begin January 1, 2008. Annual compensation for that second year was to have been increased no less than four percent and no more than six percent. The exact amount of the increase was to have been based upon the results of written evaluations of the clerk’s performance to be completed by council members. Those evaluations have now been completed and the results reviewed by the Committee. The Committee determined the results of the evaluations merited the full six percent increase.



PUBLIC SAFETY

Craig Cross will commence employment as an entry-level police officer on December 10. He will undergo certification training at the WV State Police Academy beginning January 7, 2008. The mayor suggested that he be introduced at council meeting before he leaves for training.


RULES AND ORDINANCE

Cw Burford encouraged the members to review the proposal for an ordinance to regulate felines, saying the first reading of the measure would take place at the meeting of December 20. Cw Wilmoth, having already read the proposal, objected to the language requiring display of a permit. Cw Burford said display of a permit was voluntary; it was intended as a convenience for the animal control officer. Cw Wilmoth still harbored reservations about effective enforcement of the measure.


SANITATION/LANDFILL

Interviews of respondents to an RFP for engineering services to design a new landfill lined cell were completed, Cm Metheny said. The next step in the process would be discussed at the Committee’s next meeting.


STREETS

Cm Hensil mentioned that repair of bridges had been a topic of discussion; however, no final decisions had been reached.


WATER

Cm Talbott announced completion of emergency repairs to the water treatment plant. Landscaping would be completed as weather permitted. Filter No. 4 was working well, he said. He said he appreciated the advice, support and involvement of everybody during what had been a very stressful time.

Engineering for the new water plant and distribution system replacements was proceeding. Plans for the distribution system replacements would be completed well before those for the new plant. Once the type of membrane filtration to be utilized was identified, sometime in the spring of 2008, engineering plans for the new plant could be completed.

An informational meeting has been scheduled for the Community Arts Center on December 13. Information about the new plant will be presented by the engineers, and the public will have an opportunity to ask questions as to the impact the project might have on neighborhoods.

The historic landmarks commission and fire department will have input as to the final disposition of antiquated fire hydrants to be replaced. The landmarks commission will also have input into the disposition of the current water treatment plant once construction of the new plant is completed.

As the design and construction phase of the Water System Improvements Project progresses, decisions will have to be made as to administrative procedure. Will the engineers make progress reports to the Committee or to council as a committee of whole? Will progress payments be approved by the Committee or by council as a committee of the whole?

Cm Talbott said consideration was being given to an attempt to annex the areas abutting upon or in close proximity to the city’s water source.

The Public Service Commission will conduct a hearing on the water rate increase protest in the council chamber December 11 at 10 a.m.


OTHER BUSINESS

The Wastewater Treatment Plant Upgrade Project is almost completed, the mayor announced. The certification of substantial completion could be issued as early as December 12. The Phase II sewer rate increase could be implemented soon thereafter. Final landscaping will be completed as soon as weather permits.

Brownfield grant funds are being sought to pay for the demolition of selected properties.

Appreciation was expressed to city workers for installation of the colorful Christmas decorations.

Councilmen Beckwith and Bibey were thanked for carrying the banner during the Chamber of Commerce Christmas Parade.

The Randolph County Convention and Visitor’s Bureau will be moving to a location farther north on U.S. Route 219. The site was once occupied by Peters Fuel Company. A prefab building to house the Bureau will be obtained from B&G Millwork. The new office could be ready for occupancy by the end of January 2008.

It was reported that 18,000 tickets for excursion railroad rides had been sold in 2007. It is estimated that 25,000 will be sold in 2008. The operator, John Smith, bought three short cars for operation at Cass, Spruce and Elkins.

Implementation of a Main Street program was being considered by downtown business owners.

Parking meters do not have to be used during December.

Cm Hensil was told that the city Christmas tree was donated by Eugene Johnson of 221 Central Street.

Brenda Dasher was thanked by the mayor for the city’s use of the Polar Express float. Elaine Griesel was thanked for providing room for Santa.


The meeting adjourned at 8:35 p.m.