PROPOSED MINUTES
REGULAR COUNCIL MEETING OF SEPTEMBER 6, 2007


Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, September 6, 2007. Present were Mayor Judith A. Guye; Councilpersons: R. N. Beckwith, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, I. D. Talbott, K. L. Wilmoth and R. A. Woolwine; City Clerk P. J. Graziani, Jr., City Treasurer L. L. Crosston, Police Lieutenant H. R. White, III and Fire Chief T. W. Meader. Councilmen J. S. Bibey and V. T. Broughton, City Attorney R. T. Busch and Police Captain J. E. Batdorf were absent.


AGENDA ADJUSTMENTS

Consideration of the minutes proposed for the Special Call Council Meeting of August 24, 2007.


RECOGNITION

Members of Troop 88 of the Boy Scouts of America were in attendance. Some of those present were in pursuit of an Eagle Scout Communications Merit Badge.


PUBLIC COMMENT

Vickie Aucremanne, 110 Henry Avenue, encouraged appropriate containment and control of dangerous dogs, saying her dog had recently been attacked by a free-roaming Pit Bull. The attack upon her dog was not an isolated incident, she asserted, but one of several that had recently taken place in the area. Since there was currently no legal recourse for the owners of animals attacked, response by the humane officer was ineffective. She also expressed fear of retaliation by the owners of the free-roaming dogs.

Billy R. Canfield, 108 Davis Street, expressed his appreciation for the recent inspection [by the Enforcement Agency] of 110 Davis Street.

Tom Hackman, 201 Center Street; Ed Griesel, president of the Elkins Historic Landmarks Commission; and Grace Sundelin, 109 High Street, all opposed adoption of Proposed Resolution 092, declaring the former Elkins High and First Ward School buildings a public nuisance. Hackman said C-HOPE, a group interested in preservation of the community’s historic structures, was seeking out grant funding to save the former First Ward School building. Sundelin encouraged the adaptive reuse of First Ward building.

David Rao, 909_ S. Henry Avenue, said it would have been nice to have the city attorney present so he could discuss a Certificate of Election form pertaining to the 2005 Municipal General Election.

[No person spoke on the proposal to adjust water rates.]


CONSENT CALENDAR

Cm Metheny, seconded by Cm Beckwith, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF AUGUST 16, 2007 AS CORRECTED AND THE MINUTES OF THE SPECIAL CALL MEETING OF AUGUST 24, 2007 AS PRESENTED. The motion carried. [The title of a report, the December 2006 Comprehensive Report of the Water Treatment Plant and Distribution System authored by Chapman Technical Group, had been incorrectly identified.]





UNFINISHED BUSINESS

Cm Hensil, seconded by Cm Talbott, MOVED THAT PROPOSED ORDINANCE 063, ADJUSTING THE WATER RATE TARIFF, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON THIRD AND FINAL READING. The motion carried.

There was no report from the ad hoc committee studying the need for a full-time fire chief.

Cm Metheny, seconded by Cm Malcolm, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 091, AUTHORIZING APPLICATION FOR SAFER GRANT FUNDING FOR THE BENEFIT OF THE ELKINS FIRE DEPARTMENT. The motion carried. [A SAFER (Staffing for Adequate Fire and Emergency Response) Grant could provide interim funding assistance for three additional full-time fire fighters. If awarded, City of Elkins would have to commit to a 5-year period of performance during which the Federal contribution toward the costs of the salaries would diminish over the course of the performance period. No Federal funds would be provided in year five. Each applicant must certify that its governing body had been informed of its intention to submit a SAFER grant application; that the local governing body acknowledged the commitment under the grant; and that appropriate financial support would be secured for the applicant's cost-sharing obligations.]


NEW BUSINESS

Cm Beckwith, seconded by Cw Wilmoth, MOVED COUNCIL GRANT THE REQUEST OF MASTERPIECE, INCORPORATED, DBA BEANDER’S, TO TEMPORARILY CLOSE THE ALLEY NEXT TO ITS BUSINESS PREMISES AT 314 DAVIS AVENUE FROM 8 A.M. WEDNESDAY, OCTOBER 3 UNTIL 6 P.M. ON SUNDAY, OCTOBER 7, FOR THE PURPOSE OF PROVIDING FOOD, LEGAL BEVERAGES AND LIVE ENTERTAINMENT DURING THE MOUNTAIN STATE FOREST FESTIVAL. The motion carried.

Cw Wilmoth, seconded by Cm Talbott, MOVED COUNCIL GRANT THE REQUEST OF BEVERLY KEEFER TO PROVIDE DINING AND BEVERAGE SERVICE ON THE PATIO AREA ABUTTING HER BUSINESS PREMISES AT 224 DAVIS AVENUE. The motion carried.

Cm Hensil, seconded by Cm Woolwine, MOVED COUNCIL AUTHORIZE THE MAYOR TO ENTER INTO A CONTRACT WITH SMITH BACKHOE AND DOZER SERVICE FOR THE RELOCATION OF THE WATER MAINLINE ON DAVIS AVENUE. The motion carried.

Council voted at the meeting of July 19, 2007 to authorize the mayor to execute all documentation necessary to finance, by capital lease/purchase agreements, the acquisition of equipment needed to install and replace water mainlines. Equipment intended to be financed were a backhoe, dump truck, a utility truck (equipped with a compressor, generator, crane and necessary tools) and a box trailer (a flatbed trailer with boxed sides) to carry parts and materials (i.e., pipe, clamps, valves, etc.) The working assumption of cost to be financed was $200,000. The clerk said lease/purchase documentation, reflecting the low competitive bids received for the equipment required, would be made available to council members prior to the mayor’s execution of documents. Bidding information presented at this meeting indicated the following low bids were accepted by the Elkins Water Committee: Leslie Equipment Company for a John Deere 410J Backhoe Loader at $78,500; Ogden Enterprises for a 8’ x 20’ cargo trailer at $4,650; Elkins Fordland, Inc. for a 2008 Ford F550 Super Duty Chassis Cab with Baker Truck dump package at $39,644; and Elkins Fordland, Inc. for a 2008 Ford F550 Super Duty Chassis with a crane from Baker Truck at $72,182.

Cm Talbott, seconded by Cw Wilmoth, MOVED COUNCIL APPOINT JUDITH A. GUYE TO THE BOARD OF THE RANDOLPH COUNTY HEALTH DEPARTMENT FOR A 5-YEAR TERM COMMENCING NOVEMBER 1, 2007. The motion carried.

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

Cm Beckwith, seconded by Cm Hensil, 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 FIRST READING. The motion carried.

Cw Burford, seconded by Cm Woolwine, MOVED THAT PROPOSED ORDINANCE 066, ADOPTING A POLICY FOR THE DISCLOSURE OR PUBLICATION OF DELINQUENT FEE INFORMATION, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried.

Cw Wilmoth, seconded by Cm Talbott, MOVED THAT COUNCIL APPROVE THE EMPLOYEE TRAVEL REFLECTED ON THE AGENDA. The motion carried. [Three water department personnel to Snowshoe Mountain resort for the WV Rural Water Association Conference. Two water personnel to Cleveland, OH for the American Water Works Association Distribution, Engineering and Operations Conference.] Since the full cost of the Cleveland trip was unknown, Cw Burford asked that the information be reported back to council.

Cm Woolwine, seconded by Cm Beckwith, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 092, DECLARING THE FORMER ELKINS HIGH AND FIRST WARD SCHOOL BUILDINGS TO BE PUBLIC NUISANCES, AND CALLING UPON THE RANDOLPH COUNTY BOARD OF EDUCATION TO CREATE A PLAN TO ABATE THOSE NUISANCES. The motion carried. Cm Talbott and Cw Wilmoth attempted to amend the original motion by expunging the reference to First Ward School; however, the motion to amend failed. Cm Talbott argued that each building had different problems; each should be dealt with separately. The First Ward building, he said, was reflective of the philosophy of Alexander Wade. [Wade, a 19th Century Monongalia County resident, authored A Graduating System for Country Schools, published it in 1881.] Structurally, First Ward building was sound, he said, the roof being the worst problem. Cw Burford said committee discussions indicated the high school building was the primary issue, not First Ward. If First Ward could be saved, so be it. The high school building, however, was deemed beyond salvation. City officials had an obligation to provide for the safety and well being of residents and their property. The Board of Education was being asked only to present a plan of action for the structures, either fix them up or tear them down. Let the Board demonstrate that after 14 years it intends to do something, especially about the former high school building.


COMMITTEE REPORTS

PARKS

Cm Beckwith extended an invitation to the members to attend the official grand opening of Glendale Park on Wednesday, September 12 at 5 p.m.

PUBLIC SAFETY

Cm Bibey was unavailable for the regular meeting date, so the committee meeting was rescheduled to September 13 at 6 p.m.


STREETS

Annual street paving will soon commence, Cm Hensil said.


WATER

Cm Talbott announced a special meeting would be scheduled to review the professional services contract proposed by Chapman Technical Group for the design and construction phase of the water treatment plant replacement project. The availability of Cm Hensil could be a determining factor.


BUILDING

Permit Application 3296 remained unconsidered. The Committee received 25 building permit applications since the last meeting of council, 3413 thru 3437. Acting upon recommendation of the building inspector, the Committee approved all applications.

Cm Malcolm, seconded by Cm Woolwine, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 25 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.

PERMIT	APPLICANT	LOCATION	DESCRIPTION	VALUE
3413	Domingo Chua, M.D.	100 S. View Dr	Bathroom, hard wood floors	$10,000
3414	Frost, John	40 High St	New windows (3)	$1,100
3415	Higgins, Mary	206 Hinkle St	Patio	$1,500
3416	MacVean, Don	510 Central St	Siding	$7,200
3417	McWilliams Masonry	#1 Old College Hill	Stone wall and vinyl siding	$4,000
3418	Johnson, Don	100 Virginia Av	Re-roof	$1,500
3419	Grubowski, Joseph	107 Main St	Manufactured home	$61,000
3420	Dollar General Store	Tygart Valley Mall	Replace ceilings in restrooms	$801
3421	Bender, Tim	202 Tenth St	Replace windows, siding, soffit, facia	$ 4,500
3422	Stevenson, Julia	105 1/2 Central St	20x20 enclosed addition shell	$4,000
3423	Total Quality Logistics	124 Third St	Install heating and cooling units	$15,600
3424	Georgeson, Robert	119 Ferndale Dr	Install heating/cooling unit	$3,145
3425	Raikes, Mary Lou	109 Sunset Dr	Central air	$3,988
3426	Clark, Norma	512 Yokum St	Partial roof replacement	$2,060
3427	Montgomery, Andy	401 Central St	Replace roof	$8,595
3428	Carlucci, Dora	402 Andrews St	Roof replacement	$14,865
3429	Wetzel, Junior	80 Pleasant Av	Replace windows and patio door	$4,500
3430	LEH Properties	200 Second St	New roof, interior remodel	$13,500
3431	Elkins Truck Service	38 Eleventh St	Garage addition	$27,640
3432	CJ Maggie's	309 Davis Av	Sign	$2,500
3433	Phillips, Richard	200 First St	Re-roof	$5,500
3434	Woodland's Development	116 Henry Av	Demolition	$17,000
3435	Moudry, Brian	3 Graceland Hills Dr	Storage barn	$2,000
3436	Kerr, Mary (Beckwith, Margaret)	107 Graham St	Demolition	$9,900
3437	Kerr, Mary (Beckwith, Margaret)	107 Graham St	Asbestos abatement	$2,500

Cm Beckwith took exception to the applicant names reflected for Permits 3436 and 3437. He then questioned the wisdom of approving demolition permits after the fact, saying that once demolished a building could not be restored if council members subsequently refused to grant a permit. Cm Hensil agreed. Cm Talbott said design review procedure should be implemented for new construction and demolition.


OTHER BUSINESS

The mayor reminded members that Dee White needed each member to recommend the name of a ward resident to be involved with the Vision 2010 cleanup project.

An ad hoc auditing committee was appointed. Treasurer Crosston and Councilmen Woolwine and Hensil will complete the audit procurement process for Fiscal Years 2007 and 2008.

The West Virginia Association of Regional Planning Councils will be meeting in Elkins. Upwards of 100 attendees will experience the excursion railroad and the music theatre.

Members of the Little League championship team will ride the city’s float in the Forest Festival’s Grand Feature Parade.

The Christmas Parade will be held on November 30, and it will commence and end at the Depot building.

A skateboard clinic will be conducted on Forest Festival Thursday between the hours of 9 a.m. and 1 p.m. in the city park.


The meeting adjourned at 8:25 p.m.


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