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PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JANUARY 4, 2007



Elkins City Council met in regular session in the council chamber of city hall at 7:04 p.m. Thursday, January 4, 2007. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, 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 R. T. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader.


AGENDA ADJUSTMENTS

Pending and/or potential litigation.


PUBLIC COMMENT

David Rao, 909? S. Henry Avenue spoke positively of the Vision 2010 Report, saying many good questions were asked.


CONSENT CALENDAR

Cm Beckwith, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF DECEMBER 21, 2006 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

There was none.


NEW BUSINESS

Cm Bibey, seconded by Cm Broughton, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE APPROPRIATE DOCUMENTATION TO OBTAIN 2007 MONTHLY EP SAFE COMMUNITY GRANT FUNDING FOR CONTINUING DUI ENFORCEMENT INITIATIVES. The motion carried.

Cm Hensil, seconded by Cm Beckwith, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO SHAWN AKERS IN THE POSITION OF STREET MAINTENANCE WORKER II EFFECTIVE JANUARY 9, 2007. The motion carried. Akers will have completed his probationary period of employment on January 8, and his supervisor recommended him for permanent status.

Cm Metheny, seconded by Cm Elbon, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO JOSHUA STOUT IN THE POSITION OF STREET MAINTENANCE WORKER II EFFECTIVE JANUARY 22, 2007. The motion carried. Stout will have completed his probationary period of employment on January 21, and his supervisor recommended him for permanent status.

Cm Elbon, seconded by Cm Malcolm, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE APPROPRIATE DOCUMENTATION TO APPLY FOR DOMESTIC VIOLENCE GRANT PROGRAM FUNDING. The motion carried.

Cw Wilmoth, seconded by Cm Bibey, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE APPROPRIATE DOCUMENTATION TO APPLY FOR GRANT PROGRAM FUNDING AVAILABLE TO OBTAIN SPECIALIZED EQUIPMENT FOR THE POLICE DEPARTMENT. The motion carried.




Cm Beckwith, seconded by Cm Malcolm, MOVED COUNCIL APPOINT DONALD CORBIN TO THE BOARD OF ZONING APPEAL FOR A 3-YEAR TERM TO COMMENCE JANUARY 1, 2007. The motion carried.


COMMITTEE REPORTS

BUILDING

The Committee received 6 building permit applications since the last meeting of council, 3169 thru 3174. Acting upon recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 6 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.


STREETS

Cm Hensil said the Committee had met with Municipal Property to discuss the configuration of the new central garage facility.

The mayor announced an 11 a.m. January 24 meeting with representatives of the Mountain State Forest Festival Association, Randolph County Development Authority, Holiday Inn Express and the excursion railroad to discuss site placement and logistics of the 2007 Mountain State Forest Festival and the carnival. It was suggested that thought be given to inviting representatives of the Downtown Merchants Association. Cm Ditty said vendor fees charged by the Festival Association should also be discussed.


PUBLIC SAFETY

Cm Bibey enumerated police department statistics for 2006: keeper citations – 967; warning citations – 1,169; traffic accidents investigated – 217; criminal incident reports – 931; non-criminal incident reports – 56; incident reports completed – 603; misdemeanor arrests – 750; and felony arrests – 62.

A joint meeting of the Public Safety and the Finance Committees was announced for 5:30 p.m. Wednesday, January 10. Adjustment of the current year’s budget and initiation of the budgeting process for FY 2007/2008 will be the topics of discussion.

Cm Beckwith questioned the allocation of funds generated by the municipal court, asking what portion of total collections stayed in the city’s coffers as opposed to the portion remitted to various state authorities. Cm Bibey said he did not know the answer, but he would have the police secretary provide the information. The councilman specifically questioned the difference between municipal court revenues remitted to the Regional Jail Authority as opposed to the Regional Jail Authority per diem paid for the incarceration of offenders.

As scheduling and manpower levels have permitted, police cruisers have been positioned in various areas to monitor and cite speeding motorists.

The fire chief delivered his annual report for 2006.


SANITATION/LANDFILL

Allegheny Power Company began installing utility poles to provide power to leachate pond aerators.




WATER

Cm Ditty said a preliminary engineering report on the water treatment plant should soon be completed.


OTHER BUSINESS

A town hall meeting was announced for 7 p.m. on Thursday, January 11 at the Old Brick Playhouse. The Vision 2010 Report will be the topic of discussion, and citizen comment will be solicited. Cm Hensil suggested that one topic of Vision 2010 Report could be discussed at each council meeting, so the public would be aware that progress was being made. The mayor concurred, saying local fraternal and service organizations, i.e., Emma Scott Garden Club or Junior Women’s Club, could be asked to participate on issues such as litter control or civic beautification.


Cm Broughton, seconded by Cm Woolwine, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF LITIGATION. The motion carried.

Council entered executive session at 7:34 p.m.
Council resumed regular session at 8:15 p.m.

The mayor said no action had been taken, nor had any decision been made.

The Alcohol Beverage Control Administration scheduled a January 18 public hearing on the application of Cues & Brews for a Private Club License. The purpose of the hearing is to determine whether the Private Club license applicant is a suitable place for licensure and a bona fide private club of good reputation in the community. Mayor Guye said she would appear at the public hearing on behalf of the city and protest the issuance of the license. She was motivated, she said, by the number of police warrants issued based on complaints arising from the operation of Cues & Brews and the number of citizen complaints against the establishment.

The clerk discussed the method of voting to be used in the upcoming municipal general election. Historically, the city has adopted the same voting method utilized by the Randolph County Commission. The Commission recently changed the method of voting from optical scan to electronic touch screen, but the city may not be able to utilize that form of voting. Among the factors to be weighed in arriving at a final decision are the cost of computer programming of voting machines, necessary electronic adjuncts and counting devices; requirement for advertised public testing of the voting and counting apparatuses; availability and testing of voting machines; training of election receiving board personnel; availability of county clerk personnel to assist in the process; and the availability and competence of technical support to address hardware and software problems on election day. As an alternative, the election officials comprising the receiving board could act as a counting board after the close of the polls on election night. The votes would be counted at each voting precinct before being returned to a central receiving point, probably city hall. More information will be forthcoming after the ballot proof and cost estimates are received from the printer, Casto and Harris.


The meeting adjourned at 8:55 p.m.
City of Elkins, WV
401 Davis Avenue
Elkins WV 26241
(304)636-1414