PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JULY 19, 2007



Elkins City Council met in regular session in the council chamber of city hall at 7:07 p.m. Thursday, July 19, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, V. T. Broughton, J. S. Bibey, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, I. D. Talbott and K. L. Wilmoth; City Clerk P. J. Graziani, Jr., City Attorney R. T. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Councilman R. A. Woolwine and City Treasurer L. L. Crosston were absent.


AGENDA ADJUSTMENTS

Request of Mainline Books to temporarily close the sidewalk in front of its business on Davis Avenue.


PUBLIC COMMENT

Alice Sabatino spoke on behalf of the Youth Empowered Solutions (Y.E.S.) group, saying Snowshoe Mountain Ski Resort had offered to donate to Y.E.S. some or all of its skateboard-related fixtures. She asked that city resources be used to transport the donated items to Elkins. Additionally, she said a temporary site, such as the lot behind city hall, would be needed until a permanent facility at Glendale Park was developed for use.

Lydia Geelhaar, Elkins resident and skateboarder, inquired as to the scope and nature of the resources City of Elkins might provide to Y.E.S.


CONSENT CALENDAR

Cm Metheny, seconded by Cm Hensil, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETINGS OF JULY 5, 2007 AS PRESENTED.


UNFINISHED BUSINESS

Proposed Ordinance 063, adjusting the water rate tariff, was not ready for consideration.


NEW BUSINESS

Cw Burford, seconded by Cm Broughton, MOVED COUNCIL APPROVE PAYMENT OF FIVE THOUSAND ($5,000.00) DOLLARS TO THE ELKINS PARKS AND RECREATION COMMISSION FOR ITS USE IN REPLACEMENT OF THE BACKSTOP AT BLUEGRASS PARK. The motion carried. Councilmen Beckwith and Broughton recommended a contribution of $6,500.00, saying the city realized substantial economic benefit from participants in and spectators of the numerous baseball tournaments hosted at the park’s ball field. Cm Hensil said he believed the total cost of the replacement project was $24,000; whereupon, Cw Wilmoth said she believed $5,000 was a large enough contribution. Other uncommitted funds could be used for different projects, she said. Cw Burford concurred, saying the Commission could make another request if additional funds were needed.

Cm Talbott, seconded by Cm Metheny, MOVED THAT COUNCIL AUTHORIZE AN INCREASE IN THE PERMANENT STAFFING LEVEL OF THE WATER TRANSMISSION AND DISTRIBUTION DEPARTMENT FROM EIGHT (8) TO ELEVEN (11) EMPLOYEES, AND THAT THE THREE (3) ADDITIONAL PERSONNEL BE DEDICATED TO INSTALLATION AND REPLACEMENT OF WATER MAINLINES. The motion carried. [Including all employer-paid fringe benefits, one of which would be the city’s portion of the cost of family health insurance coverage, the annual cost of the 3 new personnel would exceed $95,000.] Cm Talbott assured Cm Beckwith that the execution of mainline replacement projects would be coordinated with other departments. Cw Wilmoth said the new personnel were part of an effort to reduce unaccounted water loss. Cw Burford commended the preventative maintenance aspect of the proposal. Departmental supervisor Rick Smith said the primary responsibility of the new personnel would be mainline replacement; however, they could be used for leak repair but only on an ‘as needed’ basis. There are approximately 73 miles of water distribution lines in the city. The last major distribution line replacement project was undertaken in 1968. Lines installed as early as 1890 may still be in use. Another consideration in establishment of a mainline replacement crew was continuity of the department’s workforce. Since the median age of current transmission and distribution personnel is 54, mainline replacement personnel, once trained, could be used to lessen the negative impact that attrition, through retirement or death, will inevitably have upon departmental performance levels. We can now start to grow replacements for future manpower losses. The new replacement crew will be responsible for repair of pavement disturbed in the course of line extensions or replacements. The new personnel will be hired as soon as is practicable; they must be in place prior to field audit work by WV Public Service Commission staff for a cost of service water utility rate study. Closing comments centered on the need for a new water treatment plant. Cm Talbott said the unanimous recommendation of the water committee was that a new treatment plant should be built. Concurring, Cw Burford said the existing plant continued to age while we sat and did nothing. Cm Talbott said the decision had been put off too long; we were almost in a crisis situation.

Cm Talbott, seconded by Cm Hensil, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTATION NECESSARY TO FINANCE, BY CAPITAL LEASE/PURCHASE AGREEMENTS, THE ACQUISITION OF EQUIPMENT NEEDED TO INSTALL AND REPLACE WATER MAINLINES. The motion carried. [Supervisor Rick Smith said he would need a backhoe, dump truck, a utility truck (equipped with a compressor, generator, crane and necessary tools) and a box trailer (a flatbed trailer with boxed sides) to carry parts and materials (i.e., pipe, clamps, valves, etc.) The working assumption of cost to be financed was $200,000. ] Cm Beckwith, understanding that the wording of the motion allowed for the mayor’s execution of the lease/purchase agreements prior to council’s being informed of the cost of the equipment to be acquired, objected, saying he would not vote for what he perceived as a blank check. The clerk said that lease/purchase documentation, reflecting the low competitive bids received for the equipment required, would be made available to council members prior to the mayor’s execution of the documents.

Cm Hensil, seconded by Cm Metheny, MOVED COUNCIL APPROVE AN INCREASE FROM SIXTY-FIVE ($65.00) DOLLARS TO ONE HUNDRED ($100.00) DOLLARS IN THE MONTHLY EXPENSE REIMBURSEMENT PAID TO THE CUSTODIAN OF FLOOD CONTROL-RELATED INFRASTRUCTURE. The motion carried. Cm Hensil said the remuneration was not wage or salary; instead, it was expense reimbursement. [Supervisor Rick Smith was incumbent custodian.]

Cm Bibey, seconded by Cm Malcolm, MOVED COUNCIL WAIVE COMPETITIVE BID REQUIREMENTS FOR THE PURCHASE OF A NEW FORD CROWN VICTORIA POLICE CRUISER AT STATE BID PRICE. The motion carried.

Cm Metheny, seconded by Cm Bibey, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE ALL DOCUMENTATION NECESSARY TO FINANCE, BY CAPITAL LEASE PURCHASE AGREEMENT, THE ACQUISITION OF A NEW FORD CROWN VICTORIA POLICE CRUISER, RELATED ADDITIONAL EQUIPMENT AND EXTENDED WARRANTY [The base cost of the vehicle was quoted at $22,342. The cost of the related equipment and extended warranty were unknown at the time of the motion’s passage.]

Cm Beckwith, seconded by Cm Hensil, MOVED COUNCIL AUTHORIZE THE REPLACEMENT OF EXISTING TRAFFIC LIGHTS ON DAVIS AVENUE AT THE INTERSECTIONS OF 1ST, 2ND AND 3RD STREETS WITH NEW DECORATIVE TRAFFIC LIGHTS TO BE PROVIDED BY THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS, IF FUNDING CAN BE SECURED. The motion carried. [Representatives of City of Elkins (COE), WV Department of Highways (DOH) and the Elkins Historic Landmarks Commission (EHLC) met to discuss replacement of three traffic lights on Davis Avenue. DOH and COE wanted to replace the existing lights with modern up-to-date products. EHLC wanted to either refurbish the existing lights or replace them with decorative products.] Information developed by Cw Wilmoth’s questioning indicated that DOH proposed to install new double lights at each of three intersections. In terms of functionality, they would be electronically controlled, enable the synchronization of all three lights on Davis Avenue and be equipped with both manual and verbal controls for the aid of the physically impaired. To reconcile differing interests, two modifications were discussed: installing lights of a more decorative style and making them black in color. EHLC would be satisfied because the decorative lights would give the downtown area a more distinctive appearance. The decorative lights would cost approximately $60,000 more than the replacement lights originally offered, but DOH might be able to secure funding to pay the increased cost. In exchange, DOH would require that traffic signals at 4th Street and Davis Avenue and 3rd Street and Kerens Avenue be removed and replaced with stop signs. DOH did express its willingness to do a traffic study of the 4th Street and Davis Avenue intersection in the near future to determine if a new traffic light would be warranted and, if so, to install it. DOH said EHLC might be able to retain possession of the traffic lights to be removed as long as they were never again used for traffic control purposes.
Cm Bibey, seconded by Cm Broughton, MOVED THAT COUNCIL APPROVE THE EMPLOYMENT OF JEFFERY D. ROY AS AN ENTRY-LEVEL POLICE OFFICER. The motion carried. [Officer Roy was previously employed by City of Elkins as an entry-level police officer. The current employment was made possible by a July 9, 2007 action of the Elkins Policemen’s Civil Service Commission, ordaining that written testing requirements be waived to fill a declared vacancy in an entry-level position, and that the vacancy be filled by reinstatement of an eligible former officer. Administratively, it was determined by City of Elkins that Officer Roy would lose his seniority. At the date of his reinstatement he shall be the lowest rank in the department next above the probationers of the department, if any. He shall, however, maintain his longevity time. Police officers are paid a monthly stipend for length of service, measured in years. For longevity pay purposes, Officer Roy shall be credited for the duration of his initial service. Officer Roy shall not be allowed to reenter the department until he has committed to repay all pension and relief fund deductions made from his compensation that were refunded to him when he severed his initial connection to the department. He shall commit to repay to the pension and relief fund by payroll deduction within thirty-six months from the date he reenters the department with interest at the rate of eight percent per annum. Lastly, Officer Roy shall be required to commit to a minimum period of employment of twenty-four months.]

Cm Metheny, seconded by Cm Hensil, MOVED COUNCIL GRANT THE REQUEST OF MAINLINE BOOKS TO TEMPORARILY CLOSE DAVIS AVENUE FROM 3RD STREET TO THE ALLEY NEXT TO BEANDER’S FROM 10:30 P.M. JULY 20 UNTIL 1 A.M. JULY 21. The motion carried. The store will be hosting a release party for the newest Harry Potter book, Harry Potter and the Deathly Hollows. One hundred copies were pre-sold, and a large crowd is expected, including many younger children.


COMMITTEE REPORTS

BUILDING

Permit Application 3296 remained unconsidered. Construction drawings had not yet been received by the building inspector. The Committee received 14 building permit applications since the last meeting of council, 3365 thru 3379. Application 3374 was void. 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 14 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3365	Burner, Mike	927 S. Kerens Av	Siding	$900
3366	Lammie, Eileen	1801 N. Randolph Av	Cement block building addition	$15,000
3367	Holland Enterprise	700 Seventh St	Reroof	$3,000
3368	Mountain State Dermatology	201 Main St	Signage	$800
3369	Robinson, Timothy	75 Harpertown Rd	Deck with roof	$20,000
3370	McCollam, John	124 Diamond St	Remove shower and install tub	$1,000
3371	Martin, David	123 Ward Av	Interior remodel, screen in porch	$5,000
3372	Gouer, Jennifer	1628 Taylor Av	Replace windows	$1,200
3373	Stalnaker, James	1214 S. Henry Avenue	Garage	$8,000
3374	VOID
3375	Chandler, Jack	210 Diamond St	Addition	$9,500
3376	Furnier, Robert	308 Tygart Ct	Reroof, screen in porch	$4,000
3377	Cross, Jackie	102 Second St Apt 5	Interior renovations	$6,000
3378	Snodgrass, Christopher	117 Mountain View Dr	Addition	$20,000
3379	Walgreens	Corner of Railroad & Randolph Av	Signage	$1,300

MUNICIPAL PROPERTY

Councilmen Metheny and Hensil attended the last meeting and participated in a discussion of the state of readiness of the new central garage facility. Substantial electrical work remained to be completed, new garage doors had to be ordered and lighting issues remained to be addressed. Concrete work was substantially completed.
City hall may require a new roof. Substantial damage is being caused by chronic leaking that contractors have been unable to staunch.

Resources available for a skatepark remain unidentified. The skateboarding equipment to be donated by Snowshoe Mountain Resort will be transported to Elkins by city personnel and stored. Y.E.S. will prepare a list of resources it needs.

Joe Sabatino said somebody may have to sign a release of liability before Snowshoe Mountain Resort will release the skateboarding equipment.


PARKS

Cm Beckwith said that while the Glendale pedestrian bridge had been erected the approaches were not yet completed.

The Glendale Oversight Committee held its initial organizational meeting. Appointees were David Sneed, Cass Shockley, Margaret Beckwith, Councilman Duke Talbott, Phil Gainer, Ed Rhudy, Katie Bright, Rob Nestor and Voras Haynes, Jr.

As a result of fundraising efforts of the Elkins Women’s Club, $45,000 of new playground equipment was installed in the downtown city park.


PUBLIC SAFETY

Cm Bibey said 58 incarceration days at the Regional Jail for the month of June 2007 had cost $2,813.

Vehicle stops made by the Elkins Police Department are subject to evaluation relative to racial profiling. The Department experienced an 8.27% rejection rate, substantially below the state average.


WATER

Cm Talbott made available two summaries of information prepared from the City of Elkins Water System Comprehensive Report dated December 2006. The summaries were titled Treatment Plant Options and Plant Site Selection Evaluations. Upgrade of the existing water treatment plant was not considered viable; therefore, an estimated cost to upgrade it was not calculated. A membrane treatment plant would cost $6 million dollars, one-half of the cost of a new conventional plant. Seven sites were evaluated for a new plant. The High Street water storage tank property was considered the most cost effective site.

A public meeting has been scheduled for August 9 to begin public education on the treatment plant replacement project being proposed. Informational presentations will be offered by Chapman Engineering; Attorney Vincent Collins, Steptoe & Johnson bond counsel; and Attorney Robert R. Rodecker, a recognized expert in Public Service Commission regulatory matters.


OTHER BUSINESS

A Zoning Form was submitted by Glen A. Wyland and Scott R. Robinson on behalf of Elkins Jaycees, Inc., 929 S. Davis Avenue. Elkins Jaycees, Inc. has applied for a license to operate an ABCA licensed Private Club, Private Wine Restaurant or Tavern.

The mayor made reference to a letter by Heather Biola, recently published in The Inter-Mountain, announcing formation of a local Friends of Trees organization. Its purpose will be to encourage the planting and caring of trees in an urban setting. Trees are an important part of any healthy community because they make the environment more attractive, and they help cool the effect of paved surfaces. Councilwomen Burford and Wilmoth commended the concept.

WV Department of Highways will expand signage on U.S. Route 33, at its intersection with U.S. 219 North, to indicate the availability of gas, food, lodging and instructional/recreational activities. Cm Talbott suggested, and Cw Burford agreed, that the similar signs should be erected at the Aggregates exchange. The Aggregates signs should also include the phrase, To Elkins by Harrison Avenue, they said. Many businesses advertise Harrison Avenue addresses, but visitors don’t know where Harrison Avenue is located.

Cm Hensil said the Emergency Entrance sign on Pleasant Avenue should be removed. Saying the sign was a vestige of the former Memorial General Hospital’s signage, it is now misleading, since the hospital no longer exists.

The Board of Education responded to a communication from the city’s code enforcement officer, saying the Board had no plans for the old First Ward and Elkins High School building.


The meeting adjourned at 8:15 p.m.


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