PROPOSED MINUTES
SPECIAL COUNCIL MEETING OF MARCH 1, 2007
Elkins City Council met in regular session in the council chamber of city hall at 7:08 p.m. Thursday, March 1, 2007. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, V. T. Broughton, J. S. Bibey, 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
There were none.
PUBLIC COMMENT
There was none.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Bibey, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 15, 2007 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
There was none.
NEW BUSINESS
John W. Jones will have completed his probationary period of employment on March 9, 2007, and his supervisor recommended him for permanent status. Cm Bibey, seconded by Cm Broughton, MOVED THAT COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO JOHN W. JONES IN THE POSITION OF FIRE DEPARTMENT DRIVER EFFECTIVE MARCH 9, 2007. The motion carried. [Firefighter Jones will become the third of three full-time civil service firefighters employed by the city. He replaced the late Mike Hart.]
Cw Wilmoth, seconded by Cm Beckwith, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The agenda indicated that two council members and two water fund supervisory personnel might attend a potable water microfiltration seminar in Tampa, Florida; however, Cm Ditty said the employees might not attend, due to workload considerations. The two councilmen could be away from Sunday to Tuesday. The purpose of the trip would be to obtain technological information on microfiltration water treatment systems. The city would pay for travel, lodging, food, registration fees and other incidental costs. Cm Ditty estimated the cost for two councilmen at approximately $1,500.
Cm Hensil, seconded by Cm Woolwine, MOVED THAT PROPOSED ORDINANCE 060, RESTRICTING USAGE OF AN UNIMPROVED ALLEY RIGHT-OF-WAY CONNECTING WORTH AND GLENDALE AVENUES, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried. [The measure arose from a petition of a majority of the owners of property abutting upon the alley right-of-way.]
Cm Woolwine, seconded by Cm Beckwith, MOVED THAT PROPOSED ORDINANCE 061, AMENDING BREACH OF THE PEACE LEGISLATION, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried. [Cw Wilmoth said she viewed the nature of the measure as progressively punitive, and she found that objectionable. As an alternative, she suggested that each offence/incident stand on its own with its own associated penalty. Attorney Busch responded, noting that a first offense would result in a warning and that only subsequent violations, within a given time frame, would then result in the imposition of a fine. He said the measure was not intended to be punitive; indeed, he said he expected that considerable judicial and prosecutorial discretion would be exercised. The codification came about to satisfy the concerns of defense attorneys. The discretion in application of the measure previously mentioned could, as an example, be exercised in disputes between neighbors. Cm Elbon was assured that offenders, upon conviction, could be sentenced by municipal judges to up to three days of incarceration. Cw Wilmoth said she was still uncomfortable with the measure.]
Proposed Ordinance 062, transferring property on Diamond Street between Dorsey Heckler and City of Elkins, was not yet in its final form. The measure, which would transfer approximately 1/10 of an acre between the parties, would be designed to perfect the right-of-way of Diamond Street as it currently exists. The measure should be ready for consideration at the next meeting.
COMMITTEE REPORTS
BUILDING
The Committee received 3 building permit applications since the last meeting of council, 3189-3191. Acting upon recommendation of the building inspector, the Committee approved the application.
Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
3189 Eye, Bill 503 Central Street Screen in porch $ 1,500.00
3190 Trimboli, Jerry 430 Wilson Street Replace windows $ 1,748.00
3191 Pritt, T. McClellan 316 Randolph Avenue Replace windows $ 13,000.00
Cm Malcolm said the city’s recent adoption of the International Building Code required a modification of the building permit format. Treasurer Crosston has begun editing the format and will report back to the Committee upon completion.
FINANCE
Cm Elbon said assessed valuations had been received from the county assessor. An estimate of Ad Valorem taxes to be generated in the next fiscal year would now be made.
MUNICIPAL PROPERTY
Cm Metheny obtained two contractor estimates for repair of water damage at the fire department. He said the low bidder, Jones Construction, would soon commence work. The project will cost approximately $11,000. The damage resulted from several leaks from a defective roof. The scope of the work to be performed will include the upstairs bathroom, kitchen, entry hall and communications room.
PARKS
A ground breaking was held to commence construction of the Lower Glendale Bottom pedestrian bridge to Riverbend Park. Construction should begin March 5.
STREETS
Cm Hensil said cold-mix asphalt is being sought to begin pothole repair.
Cm Malcolm encouraged the Committee to look at George Street, saying it was in a sad state of disrepair.
WATER
Cw Wilmoth commended water department personnel for professionalism and dedication displayed in responding to numerous mainline water leaks in recent weeks.
OTHER BUSINESS
The mayor made reference comments by C. W. Phares at the meeting of February 15, during which he stated that, according to Robert’s Rules of Order, a motion did not have to be seconded in certain groups. Attorney Busch said Elkins City Council had always required that motions be seconded and that the name of the member making the second be recorded. Precedent was being followed, he said.
Mayor Guye said she was using the Talk of the Town radio show as a means to inform listeners of city projects currently underway.
The meeting adjourned at 7:53 p.m.
/s/ Judith A. Guye, Mayor
/s/ Philip J. Graziani, City Clerk
