PROPOSED MINUTES
SPECIAL COUNCIL MEETING OF MARCH 15, 2007



Elkins City Council met in regular session in the council chamber of city hall at 7:08 p.m. Thursday, March 15, 2007. Present were: Mayor Judith Ann Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, H. R. Elbon, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, K. L. Wilmoth and R. A. Woolwine; 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 and T. P. Ditty and City Clerk P. J. Graziani, Jr. were absent. Mayor Guye acted as recording secretary.


AGENDA ADJUSTMENTS

There were none.

PUBLIC COMMENT

C. W. Phares, 105 Ferndale Avenue, again said that, according to Robert’s Rules of Order Newly Revised, motions need not be seconded in small board or committee. He then made reference to a recent procedural change by the Randolph County Commissioners whereby motions at Commission meetings need not be seconded.

David Rao, 909_ S. Henry Avenue, said he agreed with Mr. Phares. He then said the Mountain Party should be on the election board. Finally, he commented on a political ad published in conjunction with municipal election of March 6.

Wood Rosenberger, 415 Central Street, said that since he was no longer an adversary of the city he wanted to talk to employees involved in his case.


CONSENT CALENDAR

Cm Bibey, seconded by Cm Metheny, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF MARCH 1, 2007 AS PRESENTED. The motion carried.

Cm Beckwith, seconded by Cm Bibey, MOVED THAT COUNCIL ACCEPT THE MARCH 12, 2007 MINUTES OF THE CANVASS OF THE MUNCIPAL GENERAL ELECTION OF MARCH 6, 2007 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

Cm Hensil, seconded by Cm Metheny, 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 SECOND AND FINAL READING. The motion carried.

Cm Woolwine, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 061, AMENDING BREACH OF THE PEACE LEGISLATION, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND READING. The motion carried.

Cm Bibey, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 062, TRANSFERRING PROPERTY ON DIAMOND STREET BETWEEN DORSEY HECKLER AND CITY OF ELKINS, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.

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

Council entered executive session at 7:20 p.m.
Council resumed regular session at 7:35 p.m.

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


NEW BUSINESS

Cw Beckwith, seconded by Cw Wilmoth, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The payroll clerk will travel to Flatwoods for PEIA Benefit Coordinator Training; Operational employees to Charleston for the 27th Annual WV Equipment, Technology and Design Exposition; and Patrolman Hebb to Ocean City, MD for a Highway Safety Administration Grant Writing Conference.]

Cw Wilmoth, seconded by Cm Ditty, MOVED THE FIRM OF BUSCH, ZURBACH AND THOMPSON BE APPOINTED CITY ATTORNEY, AT THE CURRENT LEVEL OF REMUNERATION, FOR A ONE-YEAR TERM TO COMMENCE APRIL 1, 2007. The motion carried. [Cm Woolwine abstained from voting, due to his wife’s employment with the firm.] [City attorney duties will be billed at a fixed rate of eighty ($80) dollars per hour. The minimum retainer shall be twenty-four thousand ($24,000) dollars; however, the maximum that can be billed shall be thirty-four thousand five hundred ($34,500) dollars. For other work representing the City, not specifically set forth in the bid specifications, a blended rate of ninety ($90) dollars per hour shall be charged, and the blended rate shall be applicable to all firm members. The firm would seek reimbursement for actual expenses incurred.]

Cm Beckwith, seconded by Cm Ditty, MOVED THE MAYOR BE AUTHORIZED TO EXECUTE DOCUMENTATION NECESSARY TO OBTAIN GRANT FUNDING NECESSARY FOR IMPLEMENTATION OF THE VISION 2010 INITIATIVE. The motion carried.

Cm Elbon, seconded by Cm Hensil, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH THE USDA WILDLIFE SERVICE FOR THE CONTROL OF FERAL PIGEONS. The motion carried.

Cm Beckwith, seconded by Cm Elbon, MOVED THE CLERK BE DIRECTED TO DISBURSE TEN THOUSAND ($10,000.00) DOLLARS BUDGETED TO THE RANDOLPH COUNTY DEVELOPMENT AUTHORITY. The motion carried.


COMMITTEE REPORTS

BUILDING

The Committee received 24 building permit applications since the last meeting of council, 3192 thru 3217. Application 3192 was not printed; therefore, it was not available for issuance. Application 3213 was void.

Acting upon recommendation of the building inspector, the Committee approved all applications; however, Permits 3215 and 3216 will be held pending the receipt of asbestos abatement reports by the building inspector.

Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE 24 PERMIT APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3192	No building permit printed
3193	Muller, Jeremy	10 Kerens Hill	Replacement windows	$2,014
3194	Santmyer, Frank	5 Main Street	Relocating office building	$45,000
3195	Singleton, Benny	941 Tygart Avenue	Garage	$25,000
3196	Knotts, Nancy	114 Sunset Drive	Roof replacement	$6,930
3197	Dodd Apartments	317 Wilson Street	Roof replacement	$18,940
3198	Ballentyne, John	116 Grandview Drive	Roof replacement	$4,150
3199	Owens, Charles	38 Boyd Street	Roof replacement	$7,255
3200	Henning, John	306 Buffalo Street	Roof replacement	$1,495
3201	Johnkoski, Vince	34 Boyd Street	Roof replacement	$2,475
3202	EVFD	4th Street	Replacing floor and repair	$10,975
3203	Tedford, Sidney	7 Kerens Hill	Kitchen cabinet replacement	$8,000
3204	Robinson Hill Square	929 S. Davis Avenue	Minor electrical and general	$2,400
3205	Williams, Tammy	604 Wilson Street	Install new heating, a/c	$4,295
3206	Workman, Olive	147 Buffalo Street	Addition - bathroom	$10,000
3207	Williams, Tammy	604 Wilson Street	Re-roof, remodel kitchen	$10,000
3208	Hinkle, Ruth	128 Buffalo Street	Windows	$1,236
3209	Harmony Worship	Heavner Avenue	Lower ceilings and drywall	$10,000
3210	D & D Lighting	915 S. Davis Avenue	Moving signs to new location	$20
3211	Harris, James	1005 S. Kerens Ave.	Garage-steel arch	$17,160
3212	Zorger, Hal	30 Boyd Street	Kitchen & laundry room	$25,000
3213	VOID
3214	Hair Graphics	939 S. Davis Avenue	Storage building	$5,000
3215	Brown, Bill	103 Ervin Lane	Demolition	$7,000
3216	Marks, Melvin	2 River Street	Demolition	$9,000
3217	Kyle, George	1719 S. Davis Avenue	Remodel bathroom	$4,000

FINANCE

Cm Elbon said assessed valuations had been received from the county assessor. An estimate of Ad Valorem (real estate and personal property) taxes to be generated in the next fiscal year would now be made.


PERSONNEL

A draft of the revised personnel handbook should soon be available.


PUBLIC SAFETY

Fire department personnel will provide a PowerPoint presentation related to ISO ratings at the April 11 committee meeting. Thereafter, the presentation will be made to council.


STREETS

Cm Metheny, seconded by Cm Hensil, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO DANNY HARRIS EFFECTIVE APRIL 2, 2007. [Harris will have completed his 90-day probationary period of employment on April 2. His supervisor recommend that he be granted permanent status.]


WATER

Councilmen Ditty and Hensil will attend a microfiltration-related conference in Tampa, FL March 19-20.


OTHER BUSINESS

Departing council members Harold R. Elbon and Thomas P. Ditty were recognized. Elbon served 18 years and Ditty 4 years. The other council members gave them a standing ovation.

Senator Clark Barnes provided a copy of the Blue Book to the city.

The 30-day period to comment on the Health Department’s proposal to ban indoor smoking throughout the county has commenced.


The meeting adjourned at 7:55 p.m.




/s/ Judith A. Guye, Mayor


/s/ Philip J. Graziani, City Clerk