PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JANUARY 3, 2008
Elkins City Council met in regular session in the council chamber of city hall at 7:03 p.m. Thursday, January 3, 2008. 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., 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.
PUBLIC HEARING
Pursuant to legal advertisement published in the Inter-Mountain, the public was afforded opportunity to comment upon Proposed Ordinance 070, revising the language of the Business and Occupation Tax legislation. The public hearing was convened at 7:07 p.m., but no person sought to comment upon the proposed measure. The mayor adjourned the public hearing and entered into the regular meeting at 7:08 p.m.
AGENDA ADJUSTMENTS
There were none.
PUBLIC COMMENT
Faye Cowgill, 108 Evans Drive, spoke in favor of Proposed Ordinance 071, providing for a feline licensing system, and supported the $5 licensing fee originally proposed.
Mary Ann McDonald, resident of 204 White Oak Lane and president of the Randolph County Humane Society, discussed the Society’s cost of operations. Five hundred four cats were processed in 2007 at a cost of $20,380. She supported the feline licensing ordinance.
Theresa Bruner said she was active in both the Randolph County Humane Society and the Federation of Humane Societies of West Virginia. She congratulated the city, saying feline regulation would encourage responsible cat ownership.
Charles W. Phares, 105 Ferndale Drive, alleged that Cm Talbott falsified information reflected in the certificate of announcement of candidacy he filed for the March 2007 municipal election. Phares said Talbott was neither a city resident nor a registered voter of the city at the time he filed for office. Phares said he knew Talbott was not qualified to hold office. Phares said the council seat remained vacant since former city councilman Thomas P. Ditty’s successor was not properly elected. Phares said the mayor should do something about the situation. Phares also asked why council adopted a resolution saying that Graceland Hills Subdivision was situate in Fourth Ward.
David Rao, 909_ S. Henry Avenue, withdrew his name from consideration as a potential to fill the council vacancy created by the resignation of Van T. Broughton.
O. Hope Jerrio said a police chief should be appointed to bring good people to the police department. She expressed worry about levels of lead present in the area’s supply of potable water. Equating verbal abuse with physical abuse, she encouraged the development of verbal de-escalation skills. She also asked council members to identify themselves before speaking.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Bibey, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF DECEMBER 20, 2007 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
Cw Burford, seconded by Cm Malcolm, MOVED THAT PROPOSED ORDINANCE 070, REVISING THE ELKINS, WEST VIRGINIA MUNICIPAL BUSINESS AND OCCUPATION TAX ORDINANCE, BE BROUGHT FORTH, READ BY TITLE ONLY, AND PASSED ON THIRD AND FINAL READING. The motion carried.
Mr. Van T. Broughton commenced a 4-year term as councilman for Fifth Ward on April 1, 2007, but he subsequently resigned that office. He sold his house and moved to another ward. Three Fifth Ward residents expressed interest in appointment to fill the vacancy created by the resignation: Tom Hackman, Kenneth Nazelrod and Danny Satterfield. The person appointed to fill the vacancy will do so until March 31, 2009. The final two years of the unexpired term will appear on the ballot of the municipal general election of March 3, 2009. A roll call vote of the members was conducted:
Beckwith - Satterfield Metheny - Satterfield
Bibey - Hackman Talbott - Hackman
Burford Hackman Wilmoth - Hackman
Hensil - Satterfield Woolwine - Satterfield
Malcolm - Satterfield
Danny Satterfield was appointed to fill the vacancy, and the city clerk administered the oath of office. Councilman Satterfield was seated and immediately took up his official duties.
Cw Burford, seconded by Cm Woolwine, MOVED THAT PROPOSED ORDINANCE 071, PROVIDING FOR A FELINE LICENSING SYSTEM, BE BROUGHT FORTH, READ BY TITLE ONLY AND PASSED ON SECOND READING; however, Cm Beckwith, seconded by Cm Woolwine, MOVED TO AMEND THE MEASURE BY REVISING THE FEE FOR NEUTERED OR SPAYED CATS FROM $3 TO $5. The motion to amend carried. Subsequent to a second vote, the amended main motion carried.
NEW BUSINESS
Cm Bibey recognized Steve Belan of the Family Resource Network. Mr. Belan asked that consideration be given to adoption of an ordinance assessing an additional $5 fee to be added to all fines levied in municipal court except for parking tickets. The annual revenue stream thus created, approximately $6,500, could help fund a coordinator to implement and oversee a teen court program. Such an initiative could, he said, prompt the county commission into similar action. In response to questioning, Belan said that only minors, those less than 18 years of age, could be adjudicated before teen court and only for misdemeanor offenses, not felonies; parental involvement in the process is required; teen court programs have been successfully implemented in Marion, Mercer and Monongahela counties; teen court trial sessions are not usually open to the general public; teen court advisors, either lawyers or judges, pick jury panels; sentences imposed normally involve some combination of community service and mandatory teen court jury duty service; offenders failing to complete a teen court sentence would then be processed through the regular judicial system; and Randolph County Circuit Judge John Henning is supportive of the teen court program. Mayor Guye asked the Rules and Ordinance Committee to give consideration to an ordinance contemplating the creation of a teen court program in Elkins.
Cw Wilmoth, seconded by Cm Hensil, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO RONALD PHARES AND JOSHUA STOUT IN THE POSITIONS OF WATER WORKER I, EFFECTIVE JANUARY 7, 2008. The motion carried.
Cm Metheny, seconded by Cm Hensil, MOVED COUNCIL GRANT PERMANENT EMPLOYMENT STATUS TO LARRY GRIFFITH AND DOMINIC NUCILLI IN THE POSITIONS OF STREET WORKER II, EFFECTIVE JANUARY 7, 2008. The motion carried.
Cm Talbott, seconded by Cw Wilmoth, MOVED COUNCIL APPOINT B. WILLIAM VANORSDALE TO THE BOARD OF THE ELKINS HOUSING AUTHORITY FOR A 5-YEAR TERM TO COMMENCE FEBRUARY 1, 2008. The motion carried.
Cm Hensil, seconded by Cm Malcolm, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION 100, AUTHORIZING THE TRANSFER OF $125,000 FROM THE CAPITAL RESERVE FUND TO THE GENERAL FUND FOR THE SOLE PURPOSE OF COMPLETING RENOVATION OF THE BAXTER STREET BUILDING FOR OCCUPANCY BY THE STREET DEPARTMENT AND CENTRAL GARAGE FACILITY. The motion carried.
Cm Talbott, seconded by Cw Wilmoth, MOVED THAT COUNCIL ADOPT PROPOSED RESOLUTION NO. 101, APPROVING AN INVOICE AND AUTHORIZING ITS PAYMENT BY DISBURSEMENT NO. 2 OF WATERWORKS SYSTEM DESIGN BOND ANTICIPATION NOTES, SERIES 2007. The motion carried. [The invoice approved for payment from the Davis Trust Company: Chapman Technical Group - $55,312.50]
COMMITTEE REPORTS
BUILDING
The committee received 15 building permit applications since the last meeting of council, 3526 thru 3540. 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 15 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
Cm Malcolm said that building permits would be colored pink for the first six months of 2008.
| PERMIT |
APPLICANT |
LOCATION |
DESCRIPTION |
VALUE |
| 3526 |
Bodkins, Tom |
1511 Taylor Av |
Roof replacement |
$1,954 |
| 3527 |
Bodkins, Tom |
1515 Taylor Av |
Roof replacement |
$5,930 |
| 3528 |
Trimboli, Bobbie |
1423 Cole Av |
Roof replacement |
$5,220 |
| 3529 |
Galford, Berlin |
110 Southview Dr |
Roof replacement |
$5,140 |
| 3530 |
Bishop, Ray |
226 Heavener Av |
Roof replacement |
$2,738 |
| 3531 |
Kelly, Chuck |
1107 S Kerens Av |
Roof replacement |
$14,622 |
| 3532 |
Swanson-Guye, Judy |
107 Sylvester Dr |
Roof replacement |
$5,760 |
| 3533 |
Price, Mike |
#2 Wilson Heights |
Roof replacement |
$12,350 |
| 3534 |
Woodford, George |
204 Ferndale Dr |
Roof replacement |
$4,320 |
| 3535 |
Rexrode, Gilbert |
216 Evergreen Dr |
Roof replacement |
$7,344 |
| 3536 |
Dunkerly, Bob |
125 Earl St |
Replace front porch |
$3,500 |
| 3537 |
Huntington Bank |
420 Davis Av |
Retro new signs |
$12,000 |
| 3538 |
Huntington Bank |
401 Davis Av |
Retro new signs |
$8,000 |
| 3539 |
Romine, Linda |
104 Sunset Dr |
Roof replacement |
$5,433 |
| 3540 |
Judy, David |
116 Mountain View Dr |
Remodel kitchen |
$7,300 |
FINANCE
Preparation of budget proposals for the next fiscal year had begun, Cm Talbott said.
PUBLIC SAFETY
Cm Bibey announced that Thomas W. Meader commenced his tenure as full-time Elkins Fire Chief on January 1, 2008.
Fire Chief Meader submitted the Department’s annual report.
Police Captain Batdorf introduced Craig D. Cross the city’s newest officer. Cross will leave for the State Police Academy to begin his training on January 15.
RULES AND ORDINANCE
Cw Burford said a proposal for a tree ordinance would soon be forthcoming.
STREETS
Cm Hensil asked the clerk for a status report on the Davis Avenue Storm Water Separation Project. He was told that the WV Infrastructure and Jobs Development Council had determined the need for the project and approved the city’s application. The attorney has approached the State Revolving Fund to obtain funding for the project. It was estimated that contractor bids could be sought by the spring season.
Cm Hensil said the project would be bid in 3 separate phases: Walgreens area, Elm Street Area, and Davis Avenue area.
WATER
Cm Talbott again said that informational meetings would be scheduled in each ward of the city to inform the residents of the water system upgrade and replacement projects.
Schedules identifying the streets in each ward of the city to be affected by the transmission and distribution line replacement project were provided to each member.
Cm Talbott said at a future meeting he would be bringing samples of potable water purified by the membrane technology pilot plant being evaluated at the time.
OTHER BUSINESS
Cm Malcolm said the new fire chief would be legally entitled to make inspections in accordance with city code.
The mayor said 2 donations had been made for the use of the Friends of Trees organization being formed.
JB’s Realty donated $100 to Youth Empowered Solutions to be applied to creation of a skatepark.
The meeting adjourned at 8:28 p.m.
/s/ Judith A. Guye, Mayor
/s/ Philip J. Graziani, City Clerk
