PROPOSED MINUTES
SPECIAL COUNCIL MEETING OF FEBRUARY 15, 2007



Elkins City Council met in regular session in the council chamber of city hall at 7:04 p.m. Thursday, February 15, 2007. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, T. P. Ditty, T. Z. Hensil, 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. Councilmen V. T. Broughton, H. R. Elbon and R. J. Malcolm were absent.


AGENDA ADJUSTMENTS

There were none.

PUBLIC COMMENT

C. W. Phares, 105 Ferndale Avenue, said Robert’s Rules of Order indicated that motions need not be seconded in small groups or boards; therefore, council motions should not require a second. That being the case, the mayor should apologize to Cm Broughton who, at the meeting of February 1, made a motion to accept a ‘settlement agreement’ proposed by Dave and Mary Ann Rao, which the mayor ruled had died for lack of a second. He then said he believed the mayor and some council members had entered into a conspiracy against Dave and Mary Ann Rao.

Dave Rao, 909_ S. Henry Avenue, said council did not have to reconsider his request. He then said council should not treat the Mary’s Greenhouse litigation in the same fashion.

Jim Hammond, 48 Cherry Street, spoke in detail about the operation, funding, planning and future goals of the Randolph County Convention and Visitor’s Bureau. He said the Bureau’s Board recommended increase of the Hotel/Motel Tax to six percent, to better fund the activities of the Bureau.


CONSENT CALENDAR

Cm Woolwine, seconded by Cm Metheny, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 2007 AS CORRECTED. The motion carried. [Cw Wilmoth noted the correct styling of an individual’s name was T. Richard Harvey.]


UNFINISHED BUSINESS

Cm Woolwine, seconded by Cm Metheny, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF PENDING LITIGATION. The motion carried. [The pending litigation was filed by Mary’s Greenhouse against City of Elkins.]

Council entered executive session at 7:24 p.m.
Council resumed regular session at 8:38 p.m.

The mayor said no decisions had been made, nor had any actions been taken.


NEW BUSINESS

Two items were removed from consideration: the appointment of Jenny L. Phillips to the Firemen’s Civil Service Commission, and the appointment of Larry Gross to the Elkins Building Commission. The appointments will be considered at a later time.

Cm Beckwith, seconded by Cm Woolwine, MOVED THAT COUNCIL APPOINT JIMMY D. HAMMOND TO THE PLANNING COMMISSION FOR A TERM OF THREE YEARS COMMENCING JANUARY 1, 2007. The motion carried.

Cm Beckwith, seconded by Cm Bibey, MOVED THAT COUNCIL APPOINT THARON JACK TO THE PLANNING COMMISSION FOR A TERM OF THREE YEARS COMMENCING JANUARY 1, 2007. The motion carried.

Cm Bibey, seconded by Cm Hensil, MOVED THAT COUNCIL GRANT THE REQUEST OF THE ALZHEIMER’S ASSOCIATION TO SPONSOR ITS ANNUAL MEMORY WALK. The motion carried.

Cm Woolwine, seconded by Cw Wilmoth, MOVED THAT COUNCIL GRANT THE REQUEST OF THE MOUNTAIN STATE FOREST FESTIVAL ASSOCIATION AND ENDORSE ITS APPLICATION FOR A 10-DAY FAIR AND FESTIVAL ALCOHOL AND BEVERAGE CONTROL LICENSE. The motion carried.

Cm Metheny, seconded by Cm Hensil, MOVED THAT COUNCIL AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH D&D LIGHTING FOR THE LEASE OF CITY PROPERTY ABUTTING THE TYGART VALLEY RIVER AT THE S. DAVIS AVENUE BRIDGE. The motion carried.

Cw Wilmoth, seconded by Cm Beckwith, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The treasurer will travel to Morgantown for advanced Excel training, and four police officers to Camp Dawson, Preston County, for general in-service training. The request for two water fund employees to Ripley for backflow prevention recertification was withdrawn.]

Cm Hensil, seconded by Cm Metheny, MOVED COUNCIL APPROVE THE FINAL ROSTER OF ELECTION OFFICIALS FOR THE MUNICIPAL GENERAL ELECTION OF MARCH 6, 2007. The motion carried.

LAST NAME	FIRST NAME	ADDRESS	HOME PHONE	PARTY	WARD ASSIGNMENT
Davis	Geraldine	PO Box 344	636-3999	D	A
Hazer	Jane	202 Washington Avenue	636-6434	D	A
Snodgrass	Evelyn	PO Box 1104	636-6788	D	A
Mann	Ronald	165 McQuain Road	636-8449	D	A
Umpenhour	Betty	105 Wilton Avenue	637-2917	I	1
Mann	Elizabeth	165 McQuain Road	636-8449	D	1
Antolini	Leah	220 Ferndale Drive	614-5725	R	1
Houser	Mark	1516 Lavalette Avenue	637-2341	R	1
Howell	Libretta	104 Wilton Avenue	636-2174	D	2
Schoonover	Wanda	510 Wilson Street	636-6664	D	2
Digman	Martha	518 Yokum Street	636-4630	R	2
Himes	Violet	110 Sunset Drive	636-1359	R	2
Kittle	Elizabeth	1715 S. Davis Avenue	636-0198	D	3
Peters	Diana	Rt 2, Box 415	637-2312	D	3
Phillips	Beth	111 Riverview Drive	636-8529	R	3
Stutler	Helen	45 Pleasant Avenue	636-4292	R	3
Goots	Vallie	116 High Street	636-2666	D	4
Ross	Joseph	112 Earle Street	636-7165	D	4
Dye	Roberta	43 Cherry Street	636-4967	R	4
Snyder	Jerri	118 Grandview Avenue	637-3807	R	4
Ross	Loeta	112 Earle Street	636-7165	D	5
Teter	Eloise	937 S. Kerens Avenue	636-2646	D	5
Bartlett	Doris	201 White Oak Lane	636-8114	R	5
Gilbert	Kathryn	923 Cole Avenue	636-9815	R	5

Election-related procedure was discussed in general terms by the city clerk.


Cm Hensil, seconded by Cw Wilmoth, MOVED COUNCIL APPROVE A ONE-TIME PAYMENT OF $50.00 TO EACH ELECTION OFFICIAL COMPRISING THE VOTING PRECINCT COUNTING BOARDS. The motion carried.

A petition of the majority of abutting property owners was received. An unopened and unimproved alley right-of-way running parallel to Wilson Street and connecting Worth and Glendale Avenues was the subject of the petition. The petitioners request that the alley right-of-way be closed to vehicular traffic, except for abutting property owner who, from time to time, may have to access the back of their property. The mayor referred the petition to the rules and ordinance committee.


COMMITTEE REPORTS

BUILDING

The Committee received 1 building permit application since the last meeting of council, 3188. Acting upon recommendation of the building inspector, the Committee approved the application.

Cm Beckwith, seconded by Cm Woolwine, MOVED THAT COUNCIL GRANT THE PERMIT APPLICATION APPROVED BY THE COMMITTEE. The motion carried.




FINANCE

In preparation for the Fiscal Year 2007/2008 budget, council members received several documents: a revised roster of recommended contributions to outside organizations; a schedule of long-term indebtedness; a schedule of the annual cash flow necessary to amortize annual indebtedness; a General Fund compensation package proposal; and Ad Valorem taxation information.


WATER

Donald R. Moore will complete his probationary period of employment on February 18, and his supervisor has recommended him for permanent status.

Cm Ditty, seconded by Cw Wilmoth, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO DONALD R. MOORE IN THE POSITION OF WATER WORKER I EFFECTIVE FEBRUARY 18, 2007.


OTHER BUSINESS

The WV ABC Commission refused an application by Cues & Brews LLC for a Class A/Private Club License

A Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern was filed by Kay Herron on behalf of Underground lounge LLC, 112 Davis Avenue.

A Notice of Application to Operate: A Private Club, Private Wine Restaurant or Tavern was filed by Scott R. Robinson on behalf of Rock’n ‘R’ Bar LLC, 929 S. Davis Avenue.

Cm Beckwith expressed concern that political activity might be taking place on city property.


The meeting adjourned at 9:15 p.m.

/s/ Judith A. Guye, Mayor


/s/ Philip J. Graziani, City Clerk