PROPOSED MINUTES
REGULAR COUNCIL MEETING OF OCTOBER 18, 2007


Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, October 18, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, J. S. Bibey, V. T. Broughton, H. K. Burford, 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. Councilman T. Z. Hensil was absent.

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


AGENDA ADJUSTMENTS

1. Proposed Ordinance 068, governing the installation and operation of wood and/or coal fired boilers.
2. Building Permit Applications 3490 and 3491.


PUBLIC HEARING

Pursuant to legal ads published in The Inter-Mountain, the public was afforded opportunity to comment upon three different proposed ordinances: 064 - adjusting the rate of Hotel Occupancy Tax; 065 - facilitating recovery of cost incurred in collecting amounts due the city; and 067 - authorizing the issuance of Water Fund Bond Anticipation Notes, Series 2007. The public hearing was convened at 7:07 p.m., but no person sought to comment upon any of the measures proposed. The mayor adjourned the public hearing and entered into the regular meeting at 7:08 p.m.

Bond Counsel Vincent A. Collins was in attendance at the public hearing, to provide any information that might be needed. To hasten his return to Morgantown, the mayor brought forth consideration of the two matters related to the Water Fund Bond Anticipation Notes.

Cm Talbott, seconded by Cm Broughton, MOVED PROPOSED ORDINANCE 067, AUTHORIZING ISSUANCE OF WATERWORKS SYSTEM DESIGN BOND ANTICIPATION NOTES, SERIES 2007, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON THIRD AND FINAL READING. The motion carried.

Cm Talbott, seconded by Cm Broughton, MOVED THAT COUNCIL ADOPT PROPOSED SUPPLEMENTAL RESOLUTION 095, PROVIDING AS TO THE PRINCIPAL AMOUNT, DATE, MATURITY DATE, INTEREST RATE, INTEREST AND PRINCIPAL PAYMENT DATES AND OTHER TERMS OF THE WATERWORKS SYSTEM DESIGN BOND ANTICIPATION NOTES, SERIES 2007 OF THE CITY OF ELKINS; AUTHORIZING AND APPROVING THE SALE AND DELIVERY OF SUCH NOTES TO DAVIS TRUST COMPANY; AND MAKING OTHER PROVISIONS AS TO THE NOTES. The motion carried.


INFORMATIONAL PRESENTATION

Shawn Head, wildlife biologist, and Terry Jones, forester, both employed by the Wildlife Resources Section of the West Virginia Department of Natural Resources (DNR), explained DNR’s stance on an initiative underway to convert additional acreage of the Monongahela National Forest to wilderness areas.

[The October 13, 2007 edition of The Inter-Mountain contained an article by its staff writer Anthony Gaynor. That article, titled DNR Cautions: ‘Be Careful What You Ask For’, explained the information presented to Elkins City Council. Excerpts from that article are reproduced below, with the permission of both the author and his editor.

“The Monongahela National Forest consists of more than 919,000 acres. There are five existing designated wilderness areas that cover 78,131 acres or 9 percent of the forest. Four of the five wilderness areas totaling 24,163 acres fall completely or partially within Randolph County.”
“The West Virginia Division of Natural Resources and Gov. Joe Manchin support only two areas to be designated as wilderness. The Cranberry Expansion and the Dry Fork Expansion. The Monongahela National Forest (MNF) has proposed 27,694 acres of additional wilderness and the West Virginia Wilderness Coalition is asking for 143,231 additional acres.”
“We are not anti-wilderness or against wilderness,” Head said. “We feel, as wildlife and forestry professionals who have worked cooperatively for decades on the MNF, that we presently have an adequate amount of wilderness on the MNF and that the recommendation for the two proposed areas is also adequate.”
“A designated wilderness area is created to preserve wilderness attributes and the natural environment for future generations and to provide challenging recreation opportunities in a wilderness setting. According to the MNF Land and Resource Management Plan, “Management activities are typically extremely low to non-existent. Age class distribution is moving toward dominance by late successional stands where gaps form from natural disturbances as trees age.”
“…Head and Jones disagree with the Wilderness Coalition. The WVDNR says that the U.S. Forest Service, particularly the MNF, is one of the best stewards of actively managed forest land in the world. According to Head, these lands are fully protected, even without wilderness designation, by regulations and guidelines administered by the U.S. Forest Service. All proposed projects on the MNF, or any other national forest, must comply with 26 federal acts and seven executive orders prior to project implementation. They argue that environmental and biological problems that arise on Forest Service lands can be rectified more easily and efficiently than if they are designated as wilderness.”
“Game and non-game species suffer from decreased habitat,” Head said. “In addition, overall biodiversity decreases as a result of no active wildlife habitat management and no active forest management. Big game populations, such as deer, bear and turkey, will suffer significant declines in areas that are redesignated as wilderness. Brood range habitat, important for survival of young birds such as turkey, will be lost since we no longer will be able to maintain the existing fields and seeded roads. Also, crucial habitat will disappear for many non-game wildlife, butterflies and other insects as grassy areas revert to woody cover.”
“Wilderness areas are created by an act of Congress and cannot be changed without federal legislation. Wilderness simply means no active management of forest types, tree species or the enhancement or development of wildlife habitats. Wilderness areas do not allow commercial timber harvest that provides money typically used for schools and road improvements. “We do not believe ‘timber cutting’ or ‘timber harvesting’ are bad words. We are dealing with a valuable, renewable resource,” Head said. Timbering is important to the forest area because it helps create a dispersed age class of trees in the forest that provide jobs and important critical food producing tree species for wildlife.”
“The conditions that were present prior to European settlement cannot be obtained, if for no other reason, because of the introduction of non-native invasive pests such as chestnut blight, gypsy moth hemlock and wooly adelgid, etc.,” Terry said. “Man’s intervention has effected the composition and structure of all MNF lands.”
“As wildlife and forestry professionals, we want the continued ability to manage these lands for wildlife populations, both game and non-game. At this time, management of these lands, which exist under a 6.2 management prescription, consists of maintaining only existing wildlife habitat, that includes developed wildlife openings, from past forest management, seeded logging roads and fruit orchards within these areas,” Head said. “We want the continued ability to manage these lands because they are some of most productive wildlife habitat on the entire MNF. Under this 6.2 management prescription, remote back country, no programmed commercial timber harvest is allowed. Because of this prescription, these proposed areas have already existed under a quasi-wilderness statute for the last 21 years.”
“ A good example of remote back country as a wilderness designation is the Seneca Creek area. Under the current management prescription, if 1,000 acres of black cherry forests were killed by insects and/or disease, which could also affect surrounding forests, the dead or dying trees could be salvaged. Using the same scenario under wilderness designation, the black cherry timber, valued at several million dollars, in the Seneca Creek Area could not be salvaged. “Many of the proposed wilderness areas throughout the MNF contain some of the most valuable hardwood timber found anywhere in the United States,” Head said.”
“Several thousand acres recommended for the wilderness prescription have black cherry as their principal mast-producing species for wildlife,” Jones said. “Black cherry is an early successional stage species which requires even aged management and abundant sunlight to flourish. Many of these cherry stands are approaching the end of their lifespan and will start to die out over the next 20 years.”
“Wilderness areas prohibit active forest management and wildlife management. Different forest age classes benefit a variety of wildlife populations within forest ecosystems and across the forest landscape. According to Head, the forest area being designated to a wilderness area would prohibit the creation of any new early successional habitat such as linear wildlife openings or seeded logging roads, wildlife openings, cut-back edge borders, savannahs, brushy areas, old fields or watering holes that are critically important and extensively used by wildlife such as turkey, grouse, American woodcock, snowshoe hair, chestnut-sided warbler, red-headed woodpecker, hooded warbler and golden-winged warbler. Active forest and wildlife management are inextricable woven together.”
“Another problem with the wilderness prescription, according to Jones, is that efforts and/or management to combat non-native invasive forest insects and diseases will be seriously encumbered or not be allowed at all. Many of the recommended wilderness areas have infestations, such as beech bark scale disease and hemlock wooly adelgid, that are killing nearly all the American beech and Eastern hemlock they infect or prey upon.”
“The two members of the DNR also think that wilderness designation is discriminatory toward what people can and cannot do on the public land. No groups of people larger than 10 may enter a wilderness area at one time. No wheeled vehicles of any sort can be taken into the area. Mountain bikes, game carts and any form of motorized or mechanical transport are not allowed”
“Motorized or mechanized transport cannot be used for search and rescue. Head said that in 2003 he was on a party to remove a deceased person from the Dolly Sods Wilderness Area. The group was denied permission by the forest supervisor’s office to use a four-wheeler from the county search and rescue squad. A total of eight people were needed to carry the deceased more than three miles from within the wilderness area. It took them more than two hours to remove the body.”
“Wilderness area standards dictate that wildfires will be suppressed, but no machinery or mechanized means can be used to fight the fire unless the forest supervisor gives permission. An approved burn plan has never been used in any designated Monongahela wilderness area. The fire would have to be fought with hand tools only.”
“Jones and Head said there is some public misconceptions concerning Forest Service lands having to be designated as wilderness in order to protect them. They sternly argue that the opposite is true. “Man has intervened and disrupted the natural processes on all MNF lands and designating certain areas such as the Seneca Creek Area as wilderness will only encumber efforts to sustain forest health in the watershed,” Jones said.”
“Head and Terry are not the only ones concerned for the wilderness area designation. The Randolph County Commission passed a resolution on May 9 saying it opposed additional wilderness areas of Randolph County within the MNF.”
“Most importantly, commissioners stress that sportsman and sportswomen, hunters and fishermen need to know that additional recommended wilderness areas such as the Seneca Creek Area will negatively impact game and non-game wildlife populations.”
“As practicing wildlife and forester professionals, for over 50 years in our combined careers, if we did not truly believe this, then we would have to ignore the last 50 years of wildlife and forestry research done nationally that has proven this to be a reality in a properly managed forest,” Head said.”]


PUBLIC COMMENT

Charles W. Phares, 105 Ferndale Drive, said mistakes had been made during a recent election [the 2007 municipal general election cycle.] Alleging that Fourth Ward Councilman Irvin D. Talbott, Jr. lacked a necessary residency qualification when he filed his certificate of announcement of candidacy, Mr. Phares suggested that Councilman Talbott resign. In the absence of a resignation, he said the mayor should act.

Thomas P. Ditty, president of the West Virginia Wildlife Federation, said his organization supported Governor Manchin and WV Department of Natural Resources in opposition to designation of additional wilderness areas in Randolph County or in other areas of the Monongahela National Forest. Wilderness areas cannot be adequately managed, he said.


CONSENT CALENDAR

Cm Metheny, seconded by Cm Woolwine, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 27, 2007 AS PRESENTED. The motion carried.


UNFINISHED BUSINESS

Cm Bibey said the work of the ad hoc committee preparing a recommendation concerning a full-time paid fire chief was ongoing. The committee would soon meet again.

Cw Burford, seconded by Cm Woolwine, MOVED THAT PROPOSED ORDINANCE 064, ADJUSTING THE RATE OF HOTEL OCCUPANCY TAXATION TO 6%, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON THIRD AND FINAL READING. The motion carried.

Cm Beckwith, seconded by Cm Malcolm, MOVED THAT PROPOSED ORDINANCE 065, FACILITATING THE RECOVERY OF COST INCURRED IN COLLECTING AMOUNTS DUE THE CITY, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON THIRD AND FINAL READING. The motion carried.


NEW BUSINESS

Cw Wilmoth, seconded by Cm Broughton, MOVED COUNCIL APPROVE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [Water employees will travel to South Charleston for LT2 Rules training seminars, and the police receptionist will travel to Canaan Valley Resort for training offered by the WV Association of Public-Safety Communications Officials.]

Consideration of the Chamber of Commerce’s request to conduct its annual Christmas Parade was deferred to the meeting of November 1.

Cm Beckwith, seconded by Cw Wilmoth, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 094, SUPPORTING LONG-TERM SOLUTION FOR WEST VIRGINIA’S BRIDGES, ROADS AND HIGHWAYS. The motion carried.

Cm Talbott, seconded by Cm Beckwith, MOVED COUNCIL GRANT THE REQUEST OF TYGART VALLEY HIGH SCHOOL TO TEMPORARILY CLOSE A PORTION OF 15TH STREET, BETWEEN S. DAVIS AND S. KERENS AVENUES, DURING ITS ANNUAL TOURNAMENT OF BANDS EVENT. The motion carried.

Cm Metheny, seconded by Cm Beckwith, MOVED COUNCIL GRANT THE REQUEST OF PATRICK VARCHETTO TO TEMPORARILY BLOCK OFF PARKING SPACES ON RAILROAD AVENUE SUFFICIENT TO ACCOMMODATE THE MOUNTAIN STATE BLUE CROSS AND BLUE SHIELD HEALTH BUS FOR CLIENT SCREENING. The motion carried.

Consideration of the request of the Girls on the Run organization to conduct a 5K walk/run was deferred to the meeting of November 1.

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 FIRST READING. The motion carried. Cm Beckwith asked what circumstances motivated formulation of the measure. Cm Woolwine said the boilers emitted considerable smoke which hung low to the ground because the chimneys used to exhaust the boilers were too short. Cm Broughton referred to the potential for damage to the health and property of others residents.


COMMITTEE REPORTS

BUILDING

Permit Application 3296 remained partially considered. The Committee received 23 building permit applications since the last meeting of council, 3469 thru 3491. Acting upon recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Metheny, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 23 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3469	Hollen, Riann	455 Central St	Chimney	$1,200
3470	Patella, Chris	103 16th St	Front porch, expand deck	$7,500
3471	Legg, Ryan	3rd St	Roof repairs	$1,831
3472	Jordan, Philip	459 Central St	Foundation work	$1,000
3473	Armentrout, Mark	1722 S Davis Av	Replacement windows	$4,500
3474	McLaughlin, George	124 College St	Tear down base wall and replace	$30,000
3475	Otterbein United Methodist Church	1100 S Davis Av	Canopy	$1,380
3476	Hinkle, Clark	1519 S Kerens Av	Build porch and ramp	$5,000
3477	DiBacco, Sandra	337 Graham St	Gutters and downspouts	$1,053
3478	Skidmore, Charles	108 Spruce St	Remove plaster, re-drywall,	$2,800
3479	Johnkoski, Vince	34 Boyd St	Storage building	$2,000
3480	Streets, Ellen	200 Davis Av	Replace windows and door	$20,000
3481	Stump, James	109 Barron Av	Re-roof	$8,000
3482	Elkins Inter-Mountain	520 Railroad Av	Re-roof	$47,000
3483	Citizens National Bank	211 - 213 Third St	New boiler system	$86,000
3484	Kyle, Jacob	36 14th St	Replace windows	$4,415
3485	Kelley, Linda	105 Knapp St	Demolition	$8,000
3486	Nucilli, Joe	101 16th St	Re-roof	$2,000
3487	Brown, John	209 Sycamore St	Enclose porch	$3,000
3488	Gallegher, Ron	1309 Livingston Av	Siding, replacement windows	$8,000
3489	Judy, Allen	Orchard & Williams St	New structure	$85,000
3490	Williams, Joan	102 High St	Heat pumps installation	$17,100
3491	Jobe, Jack	31 Cherry St	Furnace/AC installation	$4,490

MUNICIPAL PROPERTY

Cm Broughton said the roof of city hall was leaking badly and causing extensive damage to the building. He announced the Committee’s intention to advertise a request for proposals to reroof the building. Additionally, an inner wall drain might have to be checked for an obstruction.


PARKS

The walking/jogging trail at Glendale Park was completed, Cm Beckwith said. It would now be possible to walk/jog the trail at Glendale Park, cross the pedestrian bridge to Riverbend Park and complete the trail on that side of the river. The combined distance approximates a mile and takes about twenty minutes at a brisk pace.

Work continued on the access road, and a parking lot was nearing completion.

In response to a question, Cm Beckwith said that a specific area had been reserved for a skatepark.


PUBLIC SAFETY

Regional Jail fees for September were $1,116.

The police department’s application for Homeland Security Grant funds was denied.


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.




WATER

Cm Talbott said repairs at the treatment plant were ongoing.

The design engineering contract with Chapman Technical Group would be executed October 22.


OTHER BUSINESS

Cw Wilmoth expressed the appreciation of Davis & Elkins College for the City’s contribution to the building fund that financed construction of The McDonnell Center for Health, Physical Education and Athletics.

An Independent Auditor’s Report and Related Financial Statements for the Years Ended June 30, 2006 and 2007 was received for the Randolph-Elkins Board of Health. It is on file in the city clerk’s office.

An Independent Auditor’s Report and Related Financial Statements for the Year Ended June 30, 2007 was received for the Elkins-Randolph County Public Library. It is on file in the city clerk’s office.

A skatepark workshop will be offered at Darden House on October 22 beginning at 1 p.m. The mayor said the city would pay the $200 presenter’s fee, as an accommodation to Youth Empowered Youth (Y.E.S.)

The Redevelopment Authority will meet October 25. A final recommendation could be made as to the disposition of the U.S. Army Reserve Center in Beverly. The finalists that could receive the facility upon its abandonment were the Randolph County Board of Education, for use as a special education facility; the WV State Police, to replace the current headquarters and barracks; and the WV Department of Corrections, for use as a prison work camp.


The meeting adjourned at 8:25 p.m.


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