PROPOSED MINUTES
REGULAR COUNCIL MEETING OF NOVEMBER 15, 2007


Elkins City Council met in regular session in the council chamber of city hall at 7:06 p.m. Thursday, November 15, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, I. D. Talbott, Jr., 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.

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


AGENDA ADJUSTMENTS

1. Deputy clerk and mayor’s receptionist to Morgantown for time management training.
2. Building Permit Applications 3507 and 3508.


PUBLIC COMMENT

Arthur and Pamela Dodds offered a PowerPoint presentation on behalf of the Laurel Mountain Preservation Association. Mr. Dodds introduced himself as an aeronautical cartographer and identified Mrs. Dodds as a registered geologist. Their subject matter was the Laurel Mountain Wind Power Project proposed by AES Alternative Energy. If developed according to plan, windmills could be erected on approximately 5,000 miles of ridge top between Pennsylvania and Tennessee. Fifty to one hundred windmills could be erected on Laurel Mountain in Randolph and Barbour counties. Each windmill could be 350-500 feet in height. The power produced by the windmills would not reduce the amount of coal needed to produce electricity. More than 70 percent of current coal production is now exported, they said. Two concerns expressed were the potential for negative impact on the Monongahela River drainage basin because of interference with the hydrologic cycle, the circulation and conservation of the earth’s water, and an increase in insects due to the loss of animal life (i.e. bats, migratory and indigenous birds, flying squirrels, etc.)

Charles W. Phares, 105 Ferndale Drive, alleged that Irvin D. Talbott, Jr. falsified his certificate of announcement for the municipal election of 2007. Phares alleged that Talbott was not a city resident when he filed for office; therefore, Talbott was not eligible to vote. Since Talbott was not eligible to vote, Phares said, he was not eligible to run for office.

Roy C. Teter, 119 Southgate Road, spoke of a park like area he was attempting to develop as a part of the Vision 2010 initiative. The area is sited on the river bank between the railroad bridge and pedestrian bridge on Wilson Street. Owned by the Randolph County Development Authority, the site has been partially maintained by the city. The river bank has been cleaned of debris, the vegetation cut and a trash receptacle installed. Teter coordinated with the Development Authority, U.S. Army Corps of Engineers, Department of Natural Resources and city of Elkins to further the project. He said fill dirt needed to be placed along the river bank to widen the area available usage. Additionally, a picnic table should be placed there. He also said city council was “…doing a great job.”


RECOGNITION

Mayor Guye recognized Roy C. Teter for his “outstanding performance and exceptional commitment to teamwork.” Citing his involvement with the Elkins Enforcement Agency and Vision 2010 Initiative, she presented him with a framed certificate of appreciation.


CONSENT CALENDAR

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


UNFINISHED BUSINESS

Cm Bibey said there was no report for the ad hoc committee preparing a recommendation concerning a full-time paid fire chief. The Committee would meet again at 5:30 p.m. November 27.


NEW BUSINESS

Cm Talbott, seconded by Cm Hensil, MOVED THAT PROPOSED ORDINANCE 069, AUTHORIZING THE ISSUANCE OF NOT MORE THAN $500,000 IN AGGREGATE PRINCIPAL AMOUNT OF WATER REVENUE NOTES, SERIES 2007, FOR THE PURPOSES OF FINANCING THE COSTS OF IMPROVEMENTS AND EXTENSIONS TO THE EXISTING PUBLIC WATERWORKS FACILITIES OF THE CITY AND COSTS OF ISSUANCE OF THE NOTES; PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH NOTES; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH NOTES; AND ENACTING OTHER PROVISIONS WITH RESPECT THERETO, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON FIRST READING. The motion carried.

Cm Metheny, seconded by Cm Woolwine, MOVED THAT CITY HALL BE CLOSED TO THE PUBLIC ON FRIDAY, NOVEMBER 23, IN OBSERVANCE OF THE THANKSGIVING DAY HOLIDAY. The motion carried. Cw Wilmoth noted that city hall employees would have to report for work unless they chose to use either a personal day or a day of annual leave.

Cw Wilmoth, seconded by Cm Talbott, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [The deputy clerk and mayor’s receptionist will travel to Morgantown for time management training.]


COMMITTEE REPORTS

BUILDING

Permit Application 3296 remained partially considered. The Committee received 9 building permit applications since the last meeting of council, 3500 thru 3508. Acting upon recommendation of the building inspector, the Committee disapproved Application 3508 for violation of zoning law. The square footage of the garage proposed exceeded the maximum legal limit of 800 square feet. All other applications were approved.

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

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3500	Stottlemeyer, Jim	308 Central St	Interior remodel (kitchen)	$25,000
3501	Harris, James Jr.	1005 S Kerns Av	Siding	$7,000
3502	Nefflin, Henry	104 Orchard St	Addition with garage	$35,000
3503	Roy, Grace	405 Central St	Replace gas furnace	$3,250
3504	Fox, Nancy	232 Diamond St	Re-roof	$4,639
3505	Ferguson, Ronald II	1008 S Henry Av	Replace flooring	$1,000
3506	Turner, Joe	26 Diamond St	Siding	$3,500
3507	C-HOPE	101 Railroad Av	Repair deck, canopy, vestibule	$20,000
3508	Biller, Rochella	1001 N Randolph Av	Metal building/garage	$9,300

SANITATION/LANDFILL

Cm Metheny reported that Zachary G. Thompson began a period of probationary employment on November 6.

The landfill will be closed on Saturdays from November 2007 to the end of March 2008.


PUBLIC SAFETY

Steve Belan conducted an informational presentation on Teen Court, a program sponsored by the Family Resource Network. Teen Court is a program in which youth offenders participate in a legally binding system of justice that takes advantage of a powerful force in the life of an adolescent, the desire for peer approval and the reaction to peer pressure. Teenagers play the role of prosecuting attorney, defense attorney, jurors and other officers of the court. The only adult is the judge; who must be someone who has passed the bar exam. The juvenile probation officer determines if a particular case is appropriate for Teen Court. If the case is determined to be appropriate for Teen Court, the offender may then voluntarily choose to participate, but does not have to. Selection of the Teen Court track by the offender is tantamount to a plea of nolo contendere [no contest] or guilty. The severity of the sentence to be imposed is the only subject matter before the Teen Court.

The police department was again commended by the Highway Safety Program for a favorable reporting percentage.

Craig D. Cross will begin a probationary period of employment as a civil service policeman on December 12.

A written entry-level police officer examination will be administered January 5, 2008 by the Elkins, West Virginia Policemen’s Civil Service Commission.

Captain Batdorf said the city couldn’t compete with the Randolph County Sheriff’s Department when recruiting officers. The Sheriff’s personnel take their cruisers home with them; 100% of health insurance is paid by the county commission; deputies don’t have to work on holidays; and deputies don’t have to work the overtime that city officers do. The base rate of pay, however, is comparable.

It costs the city about $16,000 to clothe, equip, train and certify an individual to the point that an entry-level officer can discharge full duties independent of a training officer’s supervision. Entry-level officers are required to commit to stay with the city for two years after full certification or pay the remaining unamortized expense. It was suggested that thought be given to lengthening the period of service to the city.


PARKS

Cm Beckwith reported that the Women’s Club of Elkins and YouthBuild U.S.A. will provide benches for the uses of pedestrians utilizing the newly constructed Glendale Park walking trail.

Several permanent improvements to the park system were completed over the summer months. The nature of the improvement and its value to the city follows: City Park playground equipment - $45,000; Bluegrass Park fencing - $25,000; Brown Family donation of a log office building - $45,000; Glendale Park pedestrian bridge - $383,000; Glendale Park walking trail - $26,000; various Women’s Club improvements - $2,700; and Scott McArthur’s Eagle Scout Project (construction of a barrier around the parking lot) - $1,000. The total value of the foregoing projects was $527,700; however, most of them were completed with either grant money or community donations. The city’s cash outlay for the projects was approximately $15,000.

The combined length of walking trails in Riverbend and Glendale Parks is approximately 1.5 miles.


STREETS

Cm Hensil said leaf pickup continues. Temporary employees picked them up on Veteran’s Day.


WATER

Cm Talbott said the emergency repairs to the water treatment plant should be completed by the end of the week of November 19.


RULES AND ORDINANCE

Cw Burford said the proposal for cat regulation was forthcoming.


PERSONNEL

Cw Wilmoth again asked the members to complete performance evaluation forms for the clerk and treasurer. She needed them by November 24, she said.


MUNICIPAL PROPERTY

Cm Broughton said the city hall roof needed replaced, because of the water damage being done to the building. Additionally, the windows had to be restored before they were beyond salvation.

Senior Custodian Bob Taylor will return to November 26.


OTHER BUSINESS

The mayor said she agreed with Heather Biola’s recommendation to form a city tree board.

Cm Beckwith reminded the members of the November 30 Christmas Parade.

The WV Infrastructure and Jobs Development Council approved the city’s application for the Davis Avenue Storm Water Separation Project. Funding for the project must now be obtained. Application will be made to the State Revolving Fund for a long-term, low interest loan.

Cm Malcolm said some sort of Christmas decoration should be on display in the green area between city hall and Darden House.

Cm Beckwith was informed that the recycling bins behind city hall had been moved.

The meeting adjourned at 8:26 p.m.


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