PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JUNE 7, 2007



Elkins City Council met in regular session in the council chamber of city hall at 7:07 p.m. Thursday, June 7, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, H. K. Burford, V. T. Broughton, J. S. Bibey, 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.

As a procedural matter, the presiding officer suggested that potential litigation be considered at the same time as an agreement to temporarily lease a portion of the lot behind city hall to Youth Empowered Solutions (Y.E.S.) for establishment of a skatepark, since both were potentially subject matter of an executive session.


PUBLIC COMMENT

Jimmy D. Hammond, 48 Cherry Street, appeared on behalf of the Randolph County Convention and Visitor’s Bureau (CVB), asking that the rate of Hotel Occupancy Tax be increased to 6%, a new maximum rate recently set by the West Virginia Legislature. He said the Randolph County Commission had said it would act in conjunction with Elkins, increasing the rate in unincorporated areas of Randolph County. For its part, the CVB would not expect to receive 100% of the new revenue stream. Instead, some portion of the additional funds could be used by the respective governing bodies for other sanctioned purposes. Mr. Hammond asked that CVB representatives be afforded the opportunity to make a presentation to whichever committee undertook consideration of the tax increase.

Jay Long, 1110 Harrison Avenue, identified himself as the owner of two car washes and a Laundromat. He inferred that a recent increase in sewer utility rates had adversely affected his business profitability. Sewer rates in Elkins, he said, were higher than in Morgantown, Buckhannon or Moorefield. Finally, he suggested that the WV Public Service Commission set the city’s utility rates.

Two different petitions relevant to the proposal for a skatepark were presented. One petition specifically called for the creation of a skatepark in the vacant lot behind city hall. The second petition generally supported Youth Empowered Solutions in requesting that Elkins City Council provide a piece of property for a skatepark.

Tom Ditty, 141 Buffalo Street, strongly supported increase of the Hotel Occupancy Tax. He then mentioned an inspection made that day of a site at the top of High Street that could serve as a location for a new water treatment plant. Lastly, he reminded the members of a prioritized list of projects to be completed that had been created during his time on city council, saying that he hoped the current council would see the projects through to completion.

Justin Sandridge said the Y.E.S. organization did not want money from the city; instead, it wanted land for a skatepark.

Reverend Douglas Lewis said our kids needed their own place to go; council should do something for them.


CONSENT CALENDAR

Cm Beckwith, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE MEETING OF MAY 21, 2007 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

There was none.


NEW BUSINESS

Cm Talbott, seconded by Cm Metheny, MOVED THAT COUNCIL GRANT THE REQUEST OF THE FIRST BAPTIST CHURCH FOR THE TEMPORARY CLOSURE OF CHURCH LANE DURING ITS SEPTEMBER 8 FESTIVAL. The motion carried.

Proposed Ordinance 63, adjusting the water rate tariff, was not ready for consideration.

Cm Bibey, seconded by Cm Hensil, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION 084, AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH APPALACHIAN REGIONAL COMMISSION FOR IMPLEMENTATION FUNDING FOR THE VISION 2010 INITIATIVE. The motion carried. Cm Broughton commended the Phillips Group, saying he thought they did a terrific job. The mayor said the $25,000 to be provided by the grant would allow for the continued participation of the Phillips Group in implementation of Vision 2010.

Cm Broughton noted that the locked front door of the city hall building prevented the public from attending the Wednesday street committee meeting.

Cw Wilmoth, seconded by Cm Broughton, MOVED THAT COUNCIL AWARD THE 2007 COMMUNITY FLOWER CONTRACT TO TAMMY’S FLORAL AND BRIDAL GALLERY. The motion carried.

Cm Broughton, seconded by Cm Bibey, MOVED THAT COUNCIL AUTHORIZE THE MAYOR TO EXECUTE AMENDMENT ‘A’ OF THE MICROWAVE TOWER LEASE AGREEMENT WITH DIGITAL SOUP. The motion carried.

Upon introduction for discussion of the subject matter of leasing land to the Y.E.S. organization as a site for a skatepark, Cm Beckwith, seconded by Cm Woolwine, MOVED COUNCIL ENTER EXECUTIVE SESSION FOR CONSIDERATION OF THE LEASING OF LAND AND FOR CONSIDERATION OF POTENTIAL LITIGATION. The motion carried.

Council entered executive session at 7:24 p.m.
Council resumed regular session at 8:33 p.m.

Cm Broughton, seconded by Cm Beckwith, MOVED THAT COUNCIL COMMIT TO ENTER INTO A LONG-TERM LEASE OF PUBLIC LAND FOR THE ESTABLISHMENT OF A SKATEPARK, AND THAT COUNCIL REVIEW THE POSSIBILITY OF PROVIDING RESOURCES FOR THE CONSTRUCTION OF THE FACILITY. The motion carried. Cm Broughton, addressing his remarks to the public in attendance at the meeting, said it would take two weeks to identify the land to be leased and to investigate what resources might be available to commit to the project. He said he would work with the attorney, the Elkins Parks and Recreation Commission, council members and others. He questioned the wisdom of constructing a temporary facility behind city hall only to rip it up and move to a permanent location. Lastly, he suggested that, if council increased the rate of the Hotel Occupancy Tax rate, some portion of the increased funding be dedicated to a skatepark. Cm Beckwith said a skatepark would be recreational in nature. It would take time to research options for a location. The city, he said, was willing to give some resources to the project and to provide a place for a permanent facility. Cm Talbott urged the Y.E.S. organization to review council’s proposal, saying the commitment of both land and resources would make obtaining grant funds easier.

Cw Wilmoth, seconded by Cm Hensil, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. In response to his question, Cm Woolwine was told the defensive driving training to be attended was for employees who were not able to attend the course organized by Captain Batdorf. The training itself was encouraged by the city’s insurance underwriter, as a part of an ongoing safety training. Cm Broughton felt employees who traveled away for training should report to council the results.

Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE RESIGNATION OF LANDFILL MANAGER DONALD R. HEDRICK EFFECTIVE JULY 13, 2007. The motion carried.
Cm Talbott, seconded by Cw Wilmoth, MOVED THAT COUNCIL GRANT THE REQUEST OF THE CHAMBER OF COMMERCE FOR THE TEMPORARY CLOSURE OF CERTAIN STREETS DURING THE JUNE 29 MOUNTAIN STATE STREET MACHINE CAR SHOW’S FRIDAY NIGHT CRUISE-IN. The motion carried.


COMMITTEE REPORTS

BUILDING

Building permit application 3260 was previously disapproved because the garage proposed would have been closer than 5 feet from the side property line of 203 Ferndale Avenue. However, applicant Delmas Cogar appealed and was granted a variance allowing the construction. Cm Malcolm, seconded by Cm Woolwine, MOVED COUNCIL GRANT BUILDING PERMIT APPLICATION 3260, SINCE THE BOARD OF ZONING APPEALS GRANTED A VARIANCE. The motion carried.

The Committee received 25 building permit applications since the last meeting of council, 3307 thru 3333. Applications 3317 and 3326 were void. Permit Application 3296 remained unconsidered. Construction drawings had not yet been received by the building inspector. Acting upon recommendation of the building inspector, the Committee disapproved Application 3333. The square footage of the garage construction proposed would have exceeded the legal limit of 800 Ft_. All other applications were approved. Cm Malcolm, seconded by Cm Hensil, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 24 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3296	Prime Properties	Rail yard	New structure	$400,000
3307	Crawford, David	204 Sylvester Dr	Install cabinets	$2,000
3308	Wright, Daniel	940 Tygart Av	Replace windows	$2,000
3309	Randolph Co Dev Auth	Railroad Av - Depot	Signs	$2,100
3310	Williams, Ronnie	110 White Oak Ln	Replace kitchen cabinets & counters	$4,000
3311	Fox, Eric	436 Wilson St	Interior/exterior remodel	$5,000
3312	Salcedo, Rosemary	201 11th St	Re-roof	$2,575
3313	Armentrout, Pat	210 Sylvester Dr	Finish roof, repairs to porch	$1,200
3314	Caplinger, Jeffrey	112 Wilton Av	Wooden deck replacement	$3,000
3315	Armentrout, Beverly	1654 Taylor Av	Repair wall and sidewalk	$2,743
3316	McGraw, Dick	7 Randolph Av	New roof	$11,200
3317	VOID
3318	Parks & Recreation	Glendale Park	Pedestrian foot bridge
3319	Keller, Charles	1107 S. Kerens Av	Furnace, reroof, gutters, siding	$17,000
3320	Young, John	108 Sunset Dr	Re-roof	$2,000
3321	Phares, Elihu	57 George St	Siding, soffit, fascia, gutters, downspouts	$15,547
3322	Glass, Betty	105 S. Gate Rd	Siding, windows, add to deck	$5,263
3323	Sigley, Dan	1821 Livingston Av	Roof over deck	$3,000
3324	Hedrick, Donnie	629 N Av	Siding	$2,100
3325	Mallow, Michael	430 Wilson St	Heating - A/C, storage bldg	$5,900
3326	VOID
3327	Mallow, Michael	430 Wilson St	Replace windows	$ 2,237
3328	Scott, George	108 White Oak Ln	Deck	$3,000
3329	Nash, Barbara	918 S Kerens Av	Replace windows	$4,492
3330	DeMotto, Diane	143 Robert E Lee Ext	Re-roof	$1,500
3331	WDNE Radio	Washington Av	24' x 35' addition & gravel driveway	$168,216
3332	Herron, Michael	1104 S Kerens Av	Remodel bathroom	$5,000
3333	Picirrillo, Alex	100 Scott Ford Rd	Garage	$20,000

FINANCE

Members received financial and inspection report information indicating that the wastewater treatment plant upgrade was progressing satisfactorily and on schedule.

Cm Beckwith expressed concern with excavated earth from the wastewater treatment upgrade site being stockpiled at the entrance to Riverbend Park, saying that because of the bad odor he was afraid it might be contaminated; however, he accepted the mayor’s assurance that it was not.


PARKS

Cm Beckwith said the Glendale pedestrian bridge could be completed by early July.


PUBLIC SAFETY

Cm Bibey announced the resignation of Patrolman Benjamin D. Snyder effective June 30. Officer Snyder accepted out-of-state employment unrelated to public safety.


STREETS

Cm Hensil presented comparative statistics relative to the 2007 Spring Cleanup.

DESCRIPTION	2007	2006
Loads collected	114	112
Tonnage delivered to landfill	125	118
Landfill tipping fees paid	$7,675	$7,283
Diesel fuel cost	$536	$484
Gasoline cost	$761	$650
Labor cost	$9,084	$8,231

WATER

Cm Talbott reported that work continued on a recommendation the Committee will make to increase water utility rates. He said the Committee was considering a water-conserving rate structure. Committee members, conscious of the plight of fixed income residents, are trying to construct a tiered rate structure that would lessen the cost burden for low volume customers. [A water-conserving rate structure could avoid financial hardships on low-income and low usage customers; reduce water consumption without negative impacts on utility revenues; reward customers through greater savings for making cost-effective changes in water usage behavior; target inefficiency in discretionary water uses; and delay costly water supply expansion projects.]


OTHER BUSINESS

Cm Malcolm said he attended the official opening of the Valley Village apartments on Ward Road. They were fantastic, he said.

Cm Woolwine encouraged the personnel committee to consider an incentive program whereby exceptional performance by individual employees could be recognized and rewarded.


The meeting adjourned at 9:14 p.m.


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