ELKINS — Elkins City Council will vote on the final reading for an ordinance that would allow exemptions for “independent contractors and sole proprietors” tonight, and for an ordinance that would establish a limit on the number of garbage bags collected by city sanitation services.

Council will meet at 7 p.m. this evening at the Phil Gainer Community Center, following the 5:30 p.m. swearing-in ceremony for those elected during the June 10 municipal election. 

The first item on the agenda will be the final reading for Ordinance 344, which, if passed, will amend the Elkins City Code to allow certain exemptions for “independent contractors and sole proprietors from business licenses under certain requirements,” in accordance with a recently passed state legislature bill.

“During the regular session that ended April 12, the legislature passed House Bill 2451,” City Attorney Geraldine Roberts told council during their June 12 meeting.

The purpose of HB 2451 is to facilitate the creation of home-based businesses, with certain conditions. According to Chapter 8, Article 13 of the bill, “a municipality shall not impose its business and occupation or privilege tax (B&O Tax) on any business with a gross revenue below $2,500 annually.”

Roberts also stated during the June 12 meeting that, once the ordinance is passed, people who fit in the $2,500 threshold and wish to be exempt from the B&O Tax will have to provide evidence to Elkins City Treasurer Tracy Judy. It will be at Judy’s discretion as to what is needed to prove the exemption, Roberts explained.

The council will also be taking up the final reading for Ordinance 345, which, if passed, will impose a bag limit for city sanitation customers as follows:

∫ 12 kitchen type trash bags which are the maximum size of 13-gallons or;

∫ Six larger trash bags which are the maximum size of 30-gallons or;

∫ Three contractor bags which are the maximum size of 55-gallons.

The ordinance also states that no trash bag should weigh more than 30 lbs and that any bags “beyond the specified limits for each category” shall not be collected by the Sanitation Department on the weekly day of service.

If the ordinance is passed, the change will not go into effect until September 1 to allow the City time to publicize it for customers.

Also on the Elkins City Council’s agenda for tonight is:

Resolution 1851: Revision of city personnel policy regarding meal breaks for field employees.

Resolution 1852: Approving terms and executing lease for HR Department copier with Hart Office Solutions.

Resolution 1853: Reappointing John Aliveto to the Elkins Firefighter Civil Service Commission.

Resolution 1854: Donation of city owned SLR camera to Elkins High School.

Consideration of postponing or canceling the July 17 city council meeting.

Resolution 1855: Approving terms and executing agreement with Methodist Church for parking space rental near the Elkins Fire Department.