PROPOSED MINUTES
REGULAR COUNCIL MEETING OF NOVEMBER 1, 2007


Elkins City Council met in regular session in the council chamber of city hall at 7:03 p.m. Thursday, November 1, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, I. D. Talbott, Jr. and K. L. Wilmoth; City Clerk P. J. Graziani, Jr., City Treasurer L. L. Crosston, City Attorney R. T. Busch and Police Captain J. E. Batdorf. Councilmen V. T. Broughton and R. A. Woolwine and Fire Chief T. W. Meader were absent.

The meeting commenced with an invocation by Mayor Guye and the Pledge of Allegiance.


AGENDA ADJUSTMENTS

1. Building Permit Applications 3498 and 3499.


PUBLIC COMMENT

Jacob Kyle, 36 14th Street, commented on handicapped parking and a dumpster beside his property. He said the dumpster was both unsightly and unhealthy; therefore, the owner should be made to cleanup around it or move it.

Charles W. Phares, 105 Ferndale Drive, alleged that Irvin D. Talbott, Jr. was not a resident of Fourth Ward when he filed a candidate certificate of announcement form for the municipal general election of March 2007.

Phyllis Baxter said an AmeriCorps grant was providing funding for ten people to work on various public service programs in the area. Council’s authorization of a $5,000 contribution to the program helped meet the local match requirement to obtain the grant.

Heather Biola, 12 Prospect Street, said the Friends of Trees organization was benefiting from good community participation. A project to identify and inventory the city’s trees by species and size was currently underway, and it was being assisted by computer expertise provided by Mike Daugherty. Sources of grant funding for the project were being sought. One potential grant source, the America the Beautiful Program, could provide $4,000 if an equal amount of local grant match funds could be obtained. A developing consensus among the members indicated the need for a formal city tree board or tree commission to oversee the city’s stock of trees. One team of members had been assigned to each ward of the city to assess the condition of trees, landscaping, cleanliness, etc. Lastly, the Friends would soon provide a detailed proposal for creation of green space areas in the vacant lot behind city hall. Mayor Guye said that, if supplied with appropriate information, she would be willing to apply for grant funds to provide trees for the vacant lot green space project.


CONSENT CALENDAR

Cm Metheny, seconded by Cw Wilmoth, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING OF OCTOBER 18, 2007 AS CORRECTED. The motion carried. [The correction made was relative to the starting time of an October 22 skatepark workshop to be offered at Darden House. The minutes as presented indicated a starting time of 1 p.m. instead of the corrected starting time of 9 a.m.]


UNFINISHED BUSINESS

Cm Bibey said there was no report for the ad hoc committee preparing a recommendation concerning a full-time paid fire chief.

Cm Talbott, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT THE REQUEST OF THE CHAMBER OF COMMERCE TO CONDUCT ITS ANNUAL CHRISTMAS PARADE ON NOVEMBER 30. The motion carried.

Cm Metheny, seconded by Cw Wilmoth, MOVED THAT COUNCIL GRANT THE REQUEST OF THE GIRLS ON THE RUN ORGANIZATION TO CONDUCT A 5K WALK/RUN ON DECEMBER 1. The motion carried.

Cw Burford, seconded by Cm Malcolm, MOVED THAT PROPOSED ORDINANCE 068, GOVERNING THE INSTALLATION AND OPERATION OF WOOD AND/OR COAL FIRED BOILERS, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND AND FINAL READING. The motion carried.


NEW BUSINESS

Cm Bibey announced the resignation of Bryan A. Talkington from the Elkins Police Department effective November 3, 2007. Officer Talkington will be accepting a position with the Randolph County Sheriff’s Department as a deputy. Cm Bibey, seconded by Cm Metheny, MOVED THAT COUNCIL ACCEPT THE RESIGNATION OF POLICE OFFICER BRIAN A. TALKINGTON. The motion carried.

Members received information giving insight into Governmental Accounting Standards Board Statement No. 45, “Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans.” The information refers to potential liability the city could have for the cost of retiree health insurance premiums pursuant to their participation in the WV Public Employee Insurance Agency.


COMMITTEE REPORTS

BUILDING

Permit Application 3296 remained partially considered. The Committee received 8 building permit applications since the last meeting of council, 3492 thru 3499. Acting upon recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Beckwith, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 8 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3492	Holland Enterprises	213 4th St	Re-wire	$3,000
3493	Blosser, Jim	120 Evergreen Dr	Windows and siding	$6,500
3494	Shiflett, Ken	17 Henry Av	Re-roof	$2,000
3495	Kyle, Amanda	125 Wilson St	Bedroom addition	$5,000
3496	LB Holland Trust B	928 S Davis Av	Upgrade electrical service	$3,000
3497	Randolph Co Courthouse Annex	4 Randolph Av	Re-roof	$32,495
3498	Stanley, Justin	Bruce St	Manufactured home	$93,330
3499	Umbright, Bill	414 Davis St	Replacement windows	$12,000

SANITATION/LANDFILL

Cm Metheny said arrangements had been made for a new excavator and backhoe at the landfill. [The equipment was obtained on a month-to-month rental basis, pending a permanent solution to the operations equipment needs. Monthly rental payments, totaling approximately $10,000, would be offset 100% against the purchase price if the equipment was bought by the city within 4 months of the original rental. The percentage offset against purchase price would decrease after the initial 4 month rental period.]

The solution to the dumpster problem mentioned by Mr. Kyle during Public Comment, Cm Metheny said, was for the dumpster customer to install a concrete pad elsewhere on his property. The dumpster could then be moved away from Mr. Kyle’s property line. The customer should also require the apartment tenants using the dumpster to be responsible for litter pickup and cleanliness.
Joseph N. Welch was promoted and began a probationary period of employment on October 1 in the position of Landfill Senior Operator.


STREETS

Cm Hensil said newly hired employees Larry D. Griffith and Dominic M. Nucilli both began probationary periods of employment on October 8 in the position of Street Worker II.


WATER

The mayor executed a professional services contract with Chapman Technical Group for engineering design of a new water treatment plant project, Cm Talbott said.

Repair work on water treatment plant Filter No. 4 continues.

Perry D. Cain commenced employment September 9. Ronald A. Phares and Joshua B. Stout commenced employment on October 8. All three were hired in the position of Water Worker I.


RULES AND ORDINANCE

Cw Burford said the Committee continued work on the issue of cat regulation, and she hoped a proposal might be ready soon.


PARKS

Cm Beckwith reported that the Glendale Park parking lot had been completed.


PERSONNEL

Cw Wilmoth asked the members to complete performance evaluation forms for the clerk and treasurer.

A Request for Proposals had been published seeking consultants to undertake a pay and classification study of all full-time employee positions. The response period ends November 16.

PUBLIC SAFETY

Steve Belan will conduct an informational presentation on November 14 at 5:30 p.m. The subject matter will be the Teen Court Program of the Family Resource Network.


RULES AND ORDINANCE

Cw Burford said a draft of the ordinance proposed to regulate cats should be available by November 18; however, no action on the measure is anticipated before December.

She expressed her belief that some form of protection should be afforded to the city’s stock of trees, but she was uncertain if it should be accomplished by ordinance or modification of zoning law.

The skateboard workshop, she said, was interesting and thought provoking. Much useful insurance and accident liability information was provided.

OTHER BUSINESS

In response to her questioning, Cw Wilmoth was told leaves would be picked up in her ward on Thursday of each week.

The ceremony at the All Veterans Memorial would commence at 2 p.m. on November 11.

The mayor will travel to Washington, D.C. to visit the World War II Memorial.

Eleventh Street will be closed between S. Davis Avenue and Industrial Park Road on November 3, 4 and 5 to allow for repair of the railroad crossing.

Cm Beckwith encouraged the members to educate themselves on the installation of windmills on Laurel Mountain, so they could make an informed judgment in the future.

Attorney Busch introduced a new colleague, Robert C. Chenoweth, a 2007 graduate of West Virginia College of Law. Mr. Chenoweth will be assisting Attorney Busch. [Mr. Chenoweth is the son of Gary L. and Joyce R. Chenoweth. Mrs. Chenoweth is a longstanding and highly valued employee of the City, currently serving as deputy city treasurer.]


The meeting adjourned at 7:57 p.m.


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