PROPOSED MINUTES
REGULAR COUNCIL MEETING OF SEPTEMBER 20, 2007
Elkins City Council met in regular session in the council chamber of city hall at 7:05 p.m. Thursday, September 20, 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, 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.
AGENDA ADJUSTMENTS
Building Permit Applications 3455 and 3456 were added for consideration.
PUBLIC COMMENT
Jacob Kyle, 36 14th Street, complained of damage done to his flower beds by free-roaming cats and of vehicles blocking his driveway.
CONSENT CALENDAR
Cm Woolwine, seconded by Cm Metheny, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 6 AS CORRECTED. The motion carried. [Billy R. Canfield, a resident of 108 Davis Street [not Avenue], spoke concerning 110 Davis [not Graham] Street.
UNFINISHED BUSINESS
Cm Bibey reported on progress made by the ad hoc committee studying the need for a full-time fire chief, saying the focus of the last meeting had been identification of potential annual funding sources sufficient to pay for the position and to amortize the cost of a new fire pumper truck.
Cw Burford, seconded by Cm Broughton, MOVED THAT PROPOSED ORDINANCE 064, ADJUSTING THE RATE OF HOTEL OCCUPANCY TAXATION TO 6%, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND READING AS AMENDED. The motion carried. [The amendment identified the effective date of a finally enacted measure as being January 1, 2008.]
Cm Beckwith, seconded by Cm Broughton, 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 SECOND READING. The motion carried.
Cw Burford, seconded by Cm Broughton, 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 SECOND AND FINAL READING. The motion carried.
NEW BUSINESS
Cw Wilmoth, seconded by Cm Talbott, MOVED COUNCIL ADOPT PROPOSED RESOLUTION 093, APPOINTING LINDA L. CROSSTON ELKINS CITY TREASURER FOR A 2-YEAR TERM COMMENCING OCTOBER 1, 2007. The motion carried. Cm Broughton commended Mrs. Crosston on a job well done, saying her door was always open. Cw Wilmoth praised her modernization of the office’s operations by the use of computers. Mayor Guye said her efforts were appreciated, especially her record keeping and the extra revenue generated through participation in the West Virginia Municipal League’s Revenue Enhancement Program.
Cm Beckwith, seconded by Cm Malcolm, MOVED THAT CITY HALL BE CLOSED TO THE PUBLIC ON FRIDAY, OCTOBER 5, IN OBSERVANCE OF FOREST FESTIVAL-RELATED ACTIVITIES. The motion carried. Cw Wilmoth noted that city hall employees would have to report for work unless they chose to take a personal or annual leave day off.
Cm Woolwine, seconded by Cm Hensil, MOVED COUNCIL ACCEPT THE RECOMMENDATION OF THE AD HOC AUDITING COMMITTEE AND AUTHORIZE THE MAYOR TO ENTER INTO A 2-YEAR AUDITING SERVICES CONTRACT WITH THE FIRM OF TETRICK BARTLETT PLLC FOR FISCAL YEARS 2007 AND 2008. The motion carried.
Cm Talbott, seconded by Cw Wilmoth, MOVED THAT PROPOSED ORDINANCE 067, AUTHORIZING ISSUANCE OF WATERWORKS SYSTEM DESIGN BOND ANTICIPATION NOTES, SERIES 2007, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON FIRST READING. The motion carried. [The measure would provide for a line of credit not to exceed $1,950,000 with Davis Trust Company to pay, among other costs, the professional engineering fees necessary for the design of a new water treatment plant and modifications and replacements to the water transmission and distribution system.]
Cm Talbott, seconded by Cm Beckwith, MOVED COUNCIL SCHEDULE A SPECIAL MEETING FOR THURSDAY, SEPTEMBER 24, 2007 AT 6 P.M. The motion carried. Since the meeting was a special meeting, the clerk said the agenda would have to be posted no later than Tuesday, September 25, at least two days preceding the meeting date.
Cm Hensil, seconded by Cm Woolwine, MOVED COUNCIL CANCEL THE REGULAR MEETING OF OCTOBER 4, IN OBSERVANCE OF FOREST FESTIVAL-RELATED ACTIVITIES. The motion carried.
On September 11, 2007, the WV Public Service Commission received a letter of protest from Huttonsville Public Service District, a resale of customer, objecting to the City’s recently enacted water rate increase ordinance. On September 14, 2007, the Commission denied the objection without prejudice, since the Huttonsville’s petition of objection did not adequately state an allegation that invoked Commission jurisdiction under WV Code §24-2-4b(c)(2).
Cm Beckwith, seconded by Cm Broughton, MOVED THAT COUNCIL GRANT THE REQUEST OF ELKINS HIGH SCHOOL TO PERFORMA AN OCTOBER 12 HOMECOMING PARADE WITH POLICE ESCORT. The motion carried. Cm Beckwith recused himself from voting, because, he said, he was an Elkins High School Senior Advisor.
Cm Talbott, seconded by Cm Hensil, MOVED THAT COUNCIL AUTHORIZE DISBURSEMENT OF FIVE THOUSAND ($5,000.00) DOLLARS OF HOTEL OCCUPANCY TAX RECEIPTS TO PARTIALLY UNDERWRITE THE COST OF 2 PART-TIME AMERICORPS WORKERS FOR THE BENEFIT OF APPALACHIAN FOREST HERITAGE AREA INITIATIVES. The motion carried. [One worker would assist the Welcome Center with volunteer recruitment and expansion of services to keep the Center open more days during the tourist season. Additionally, that worker would help with development and promotion of additional heritage tourism opportunities intended to attract visitors riding the excursion train or attending the music theatre into staying longer and spending more in the community. The second worker would assist Friends of Trees volunteers in the development of a tree inventory, crafting of a Tree Plan for the downtown area, evaluating the health and attractiveness of existing tree stock and formulating plans for eventual tree replacement.] Cm Beckwith wondered if part of the funds would duplicate funding already appropriated for the Welcome Center. No, they would not, Cm Talbott responded. Instead, this contribution would be used to meet the local match requirement for approximately $22,000 of Federal grant funds, the leveraging of one local dollar to obtain three federal government dollars. The worker would only coincidently operate out of the Welcome Center. One goal for the worker would be creation of a brochure to guide a walking tour of Elkins. In that way, he said, patrons of the excursion train and music theatre might spend additional money with downtown merchants. Cm Beckwith wondered if the Welcome Center qualified for Hotel Occupancy Tax funds, but Cm Talbott said the funds would actually go to Appalachian Forest Heritage Area, not the Welcome Center. The clerk said the contribution could be made only with Hotel Occupancy Tax receipts not already committed to the Randolph County Convention Visitor’s Bureau (CVB). The current year budget appropriation for the CVB was $40,114 plus 65% of each dollar collected in excess of that figure. Disbursement of the $5,000 for the Heritage Area could only come from the remaining uncommitted 35% residue of Hotel Occupancy Tax receipts. In no case would the disbursement be made prior to January 1, 2008. If enacted by council, the ordinance increasing the rate of taxation to 6% would become effective at that time.
COMMITTEE REPORTS
BUILDING
Permit Application 3296 remained only partially considered. The Committee received 19 building permit applications since the last meeting of council, 3438 thru 3456. 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 19 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
| PERMIT |
APPLICANT |
LOCATION |
DESCRIPTION |
VALUE |
| 3438 |
Lowe, Marilyn |
917 S Kerens Av |
Replace windows |
$1,386 |
| 3439 |
Georgeson, Robert |
119 Ferndale Dr |
Remodel bathroom tub |
$2,515 |
| 3440 |
Shreve, Ronald |
513 Yokum St |
Heating and air unit |
$3,150 |
| 3441 |
Miller, Todd |
136 Buffalo St |
Exterior brick work |
$3,000 |
| 3442 |
Riggins, Nickoli |
204 Wilton Av |
Storage building |
$1,000 |
| 3443 |
Walgreens |
Railroad and Randolph Av |
Signage |
$80,267 |
| 3444 |
Lawrence, Jean |
1225 S Kerens Av |
Re-roof |
$5,075 |
| 3445 |
First Baptist Church |
412 Randolph Av |
Outside repair work |
$25,000 |
| 3446 |
Koenig, Frank |
114 Mountain View Dr |
Vinyl siding, windows, gutters |
$12,000 |
| 3447 |
Newman, Jean |
321 Graham St |
Foundation (cement blocks) |
$5,000 |
| 3448 |
Citizens National Bank |
Third St |
Interior remodeling, new offices |
$67,450 |
| 3449 |
Kyle, Edgar |
115 Riverview Dr |
Heating and air unit |
$8,740 |
| 3450 |
Propst, Lanny |
149 1/2 Guy St |
Roof replacement |
$3,800 |
| 3451 |
Harmon, Paul |
182 Summit St |
Re-pitching (partial) re-roof |
$9,500 |
| 3452 |
Murphy, Carl |
24 Baxter St |
Siding, gutters, fascia, soffit |
$2,800 |
| 3453 |
Nucilli, Joe |
101 16th St |
Re-roof |
$5,000 |
| 3454 |
Heritage Hearing Aid Ctr |
1105 Harrison Av |
Roof repairs, fascia, soffit |
$2,500 |
| 3455 |
Hospice Care |
16 Weese St |
Demolition |
$26,445 |
| 3456 |
Hospice Care |
16 Weese St |
Asbestos abatement |
$7,040 |
MUNICIPAL PROPERTY
Cm Broughton thanked the Parks and Recreation Commission for making a 100’ x 100’ parcel available for use as a skatepark. He also said he would again contact each committee to determine what resources might be available for construction of a skatepark facility.
PARKS
Cm Beckwith said Glendale Park was officially open; the parking lot was being used. Work on a walking trail was ongoing. Cm Malcolm said the pedestrian bridge needed to be illuminated at night. Cm Beckwith agreed, saying it was being discussed.
PUBLIC SAFETY
Cm Bibey said Chris Miller had begun a high school apprentice program at the fire department.
The SAFER Grant application had been submitted.
Regional Jail charges for August were $3,082.
A second new vehicle was being considered for the police department, to replace one that was rendered unusable.
RULES AND ORDINANCE
Cw Burford said citizen members of an ad hoc committee considering regulation of cats would attend the next Committee meeting.
STREETS
Paving projects were completed.
Cm Hensil said the mayor had contacted the WV State Rail Authority concerning repair of the crossing on 11th Street. Cw Burford said an audible signal should be installed, because the setting sun often rendered the blinking light signal useless for motorists traveling east on 11th Street.
WATER
Cm Talbott reported that repair work on Filter No. 4 continued. Problems continually arose, but progress was being made. The work should be completed before the advent of winter weather. He was, however, more convinced than ever of the need for a new water treatment plant.
The Davis Avenue water mainline relocation project should be completed by the end of the week of September 24.
Chapman Technical Group was asked to recommend a plan for disposition of the current water plant when a new plant was operational.
OTHER BUSINESS
Minutes of the meetings of the Historic Landmarks Commission will be filed with the city clerk’s office, Cw Wilmoth said. Council members would then receive copies, in an effort to keep them apprised of the activities of the Commission.
The traffic light at the intersection of Harrison Avenue and Lough Street will have its timing adjusted.
The meeting adjourned at 8:04 p.m.
/s/ Judith A. Guye, Mayor
/s/ Philip J. Graziani, City Clerk
