PROPOSED MINUTES
REGULAR COUNCIL MEETING OF JANUARY 17, 2008
Elkins City Council met in regular session in the council chamber of city hall at 7:07 p.m. Thursday, January 17, 2008. Present were Acting Mayor P. J. Graziani, Jr.; Councilpersons: R. N. Beckwith, J. S. Bibey, H. K. Burford, T. Z. Hensil, R. J. Malcolm, C. L. Metheny, D. G. Satterfield, I. D. Talbott, Jr., K. L. Wilmoth and R. A. Woolwine; Deputy City Clerk A. L. Broschart, City Treasurer L. L. Crosston, City Attorney R. T. Busch, Police Captain J. E. Batdorf and Fire Chief T. W. Meader. Mayor Judith A. Guye was absent.
The meeting commenced with an invocation and the Pledge of Allegiance.
AGENDA ADJUSTMENTS
Parade request of the Cultural Awareness Group to perform a Martin Luther King, Jr. Memorial Walk.
PUBLIC COMMENT
Charles W. Phares, 105 Ferndale Drive, repeated allegations he previously made concerning the March 2007 municipal election and the eligibility of Irvin D. Talbott, Jr. to hold elective office as a result of his participation in that election.
City Attorney Busch responded, saying the various allegations made by Mr. Phares concerning the March 2007 municipal election and Councilman Talbott’s eligibility to hold office were incorrect. Mr. Busch said Graceland Hills Subdivision was annexed into the city by minor boundary adjustment, a process initiated, in this instance, by petition of 100% of the property owners. The city’s ordinance of annexation was passed finally in January 2006. The city attorney informed the Randolph County Commission of the fact of the annexation, and he asked that the Commission issue its annexation order. Citing an October 2007 decision of the Supreme Court of Appeals of West Virginia styled City of Charles Town v. The County Commission of Jefferson County, et al., Mr. Busch said the Commission’s role with regard to annexation of property was purely ministerial. A county commission has no interest, personal or official, in the municipal annexation matters which come before it other than to administer the law. The fact that the Commission did not issue its annexation order until February 2007 did not invalidate the city’s annexation. Graceland Hills Subdivision was a part of City of Elkins upon final passage of the city’s annexation ordinance in January 2006. Irvin D. Talbott, Jr. was eligible to vote in municipal elections and seek elective office at the municipal election of March 2007.
Mary Ann McDonald, resident of 204 White Oak Lane and president of the Randolph County Humane Society, offered information about spaying/neutering programs for low income individuals.
Leslie Villilla, director of the Mountain Cap of West Virginia CASA Program, presented the city with a certificate of achievement in appreciation for the city’s support of the Randolph County CASA Program.
David Rao, 909_ S. Henry Avenue, said Officer Rocky Hebb deserved his recent promotion to corporal.
Faye Cowgill, 108 Evans Drive, suggested that the proposed feline regulation ordinance be revised to provide a procedure for instances of special needs.
Vickie Aucremanne, 110 Henry Avenue, referring to the proposed feline regulation ordinance, said fees should not be imposed on cats younger than or older than defined ages; a special needs provision should be incorporated requiring some sort of certification from a veterinarian; and a provision should be made for fee waiver in instances of cat ownership by the elderly or financial hardship of those on a fixed income. She also said legislation should be enacted to regulate dangerous dogs.
Daniel Aucremanne, 110 Henry Avenue, wondered what would be the disposition of licensing revenue to be generated by the proposed feline regulation ordinance. He also mentioned two measures currently under consideration by the West Virginia Legislature: Senate Bill 164, Relating to humane officer’s seizing certain cats; and House Bill 2096, Authorizing county commissions to enact ordinances to prohibit cats from running at large.
CONSENT CALENDAR
Cm Metheny, seconded by Cm Bibey, MOVED THAT COUNCIL ACCEPT THE MINUTES OF THE REGULAR MEETING OF JANUARY 3, 2008 AS PRESENTED. The motion carried.
UNFINISHED BUSINESS
No action was taken on Proposed Ordinance No. 071, providing for a feline licensing system, pending a public hearing to be held February 7, 2008.
NEW BUSINESS
Cm Bibey, seconded by Cm Talbott, MOVED COUNCIL APPROVE THE PROMOTION OF POLICE PATROLMAN ROCKY C. HEBB TO THE RANK OF CORPORAL EFFECTIVE JANUARY 6, 2008. The motion carried.
Cm Talbott, seconded by Cm Woolwine, MOVED COUNCIL APPROVE OUT-OF-TOWN TRAVEL FOR MIKE BARKLEY TO ATTEND AN EXPENSE PAID TRIP TO FRONT ROYAL, VA TO OBSERVE ALTERNATE WATER TREATMENT METHODOLOGIES. The motion carried. [Chapman Technical Group, engineers for the Water System Upgrade and Replacement Project, will pay the costs of the trip.]
The Housing Authority of the City of Elkins remitted its annual Payment In Lieu of Taxes. Nine thousand eighty-eight ($9,088.00) was received in lieu of real estate tax and fire fee payments. The Authority also provided a copy of its most recent financial statement, for the fiscal year ended March 31, 2007.
Rules and Ordinance Committee provided a working draft of an ordinance proposal to establish regulation of the city’s trees. Designated as Proposed Ordinance 072, the document remains subject to revision. An informational presentation by an outside consultant will be made at the meeting of February 21.
Cm Metheny, seconded by Cm Woolwine, MOVED COUNCIL AUTHORIZE THE MAYOR TO EXECUTE CAPITAL LEASE/PURCHASE AGREEMENTS TO OBTAIN A CATERPILLAR BULLDOZER AND A JOHN DEERE EXCAVATOR FOR THE LANDFILL. The motion carried. [The prices originally quoted for the bulldozer and excavator were $116,601 and 177,782, respectively. The bulldozer will be financed at $103,551 and the excavator at $162,782. Both pieces of equipment will be financed over a period of 10 years. In both instances, the difference between the price originally quoted and the amount to be financed represents monthly rental payments the city made to obtain the more immediate use of the equipment at the landfill.]
No resolution was considered to draw against Waterworks System Design Bond Anticipation Notes, Series 2007. Instead, the matter will be considered at the meeting of February 7.
Cm Metheny, seconded by Cm Hensil, MOVED COUNCIL GRANT THE PARADE REQUEST WITH POLICE ESCORT OF THE CULTURAL AWARENESS AND ENRICHMENT GROUP TO PERFORM A MEMORIAL WALK IN MEMORY OF DR. MARTIN LUTHER KING, JR. The motion carried.
COMMITTEE REPORTS
BUILDING
The committee received 3 building permit applications since the last meeting of council, 3541 thru 3543. Acting upon recommendation of the building inspector, the committee approved all applications.
Cm Malcolm, seconded by Cm Bibey, MOVED THAT COUNCIL GRANT BUILDING PERMITS FOR THE 3 APPLICATIONS APPROVED BY THE COMMITTEE. The motion carried.
| PERMIT |
APPLICANT |
LOCATION |
DESCRIPTION |
VALUE |
| 3541 |
Dorton, Karen |
121 Ward Av |
Replace floor in bathroom |
$1,650 |
| 3542 |
Polino, Chris |
227 Worth Av - (Apartment) |
Replace windows, doors, drywall & cabinets |
$30,000 |
| 3543 |
Sweco Furniture |
11 Second St |
Signage |
$5,000 |
MUNICIPAL PROPERTY
Attorney Busch corresponded with Johns Manville Corporation concerning failures of portions of the city hall roof membrane. The membrane was warranted for a period of 10 years.
PERSONNEL
Cw Wilmoth reported that revisions had been made to the job description for the position of Operations Manager. Most importantly, a 2-year degree was substituted for 4-year requirement. The position will soon be advertised.
PUBLIC SAFETY
Cm Bibey said annual reports had been received from both the fire and police departments.
SANITATION/LANDFILL
WV DEP approved the schedule of free dump days at the landfill for 2008. The schedule will be published in the newspaper.
WATER
Rick Smith said the new backhoe was in operation. The new dump and utility trucks may be in operation by the end of February or in early March.
New mainline replacement personnel will accompany experienced personnel for the next several weeks. The new personnel will be trained to proper procedure in excavation and pipe replacement technique.
OTHER BUSINESS
Council was reminded that the permanent water rate increase mandated by the WV Public Service Commission would go into effect February 18, 2008.
WV Public Employees Insurance Agency announced a 10% increase in the city’s cost of health insurance coverage for employees. The increase will go into effect July 1, 2008.
The City’s financial statement will be reviewed at the meeting of February 21.
The meeting adjourned at 8:22 p.m.
/s/ Judith A. Guye, Mayor
/s/ Philip J. Graziani, City Clerk
