City Council

May 14, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 14th day of May, 2013, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Straight called the meeting to order. Councilmembers present were: First District Robert D. (Bob) Gribben Second District Travis L. Blosser Third District Deborah D. (Debbie) Seifrit Fourth District William H. (Bill) Burdick Fifth District Charles E. (Chuck) Warner Sixth District Daniel K. (Dan) Weber Seventh District Robert Garcia Eighth District Robin W. Smith Ninth District Ronald J. (Ron) Straight, Sr. Also present were: City Manager Jay Rogers City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Finance Director Eileen Layman Utility Controller Mark Moore IN RE: OPENING CEREMONIES Rev. John Riley of Fleming Memorial Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the regular meeting held on April 23, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Warner moved to approve the minutes as submitted. Councilmember Weber seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PUBLIC HEARINGS IN RE: AN ORDINANCE AUTHORIZING THE RENEWAL OF THAT CERTAIN LETTER OF CREDIT, NO 2001-525, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF- INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT Pursuant to a notice duly published in the Times-West Virginian on April 29, 2013, a public hearing was convened to obtain citizen input on an ordinance authorizing the renewal of the Letter of Credit with Wesbanco for Workers’ Compensation. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, Finance Director, spoke in favor of the proposed ordinance. She explained that this was an annual renewal of our letter of credit. She went on to say that we keep the letter of credit at $1 million dollars and we also have amounts of $223,000 in our checking account operating and that operating account has not need additional funding and we are continuing to fund that at the 2% level of employees salaries and has been maintained at that level throughout these past five fiscal years. She stated that we also have a trust account of $1.4 million dollars to satisfy the Excess Liability Insurance policy to satisfy the requirements of the self-funding of the workers compensation insurance. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2012-2013 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on April 29, 2013, a public hearing was convened to obtain citizen input on an ordinance providing for a General Fund budget amendment. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, Finance Director, spoke in favor of this proposed ordinance. She noted this revision is the third and final revision for this current fiscal year. She then went over some of the highlights of the revision. There being no one else to speak, the public hearing was called to a close at 7:08 p.m. IN RE: AN ORDINANCE PROVIDING FOR THE SALE OF ONE (1) 2006 CHEVY IMPALA OWNED BY THE CITY OF FAIRMONT TO THE FAIRMONT- MARION COUNTY REGIONAL AIRPORT AUTHORITY 2 Pursuant to a notice duly published in the Times-West Virginian on April 29, 2013, a public hearing was convened to obtain citizen input on an ordinance providing for the sale of a 2006 Chevy Impala to the Fairmont-Marion County Regional Airport Authority. The Mayor asked if anyone present desired to speak to the proposed ordinance. TOM MAINELLA, 8 Hollen Circle, spoke in favor of this proposed ordinance. He said that he is President of the Fairmont Airport Authority and in 1999 the City of Fairmont gave the Authority a 1989 Pontiac to use as a courtesy car. He said that they use that car when people fly into Fairmont to conduct business or whatever and that car is pretty well shot. He noted that the City of Fairmont owns a 2006 Chevy Impala that was used by the Police Department and it would make them a good car to use. He said that they have negotiated the price that the Airport Authority has agreed upon, therefore, he asked Council to sell that car to the Fairmont Airport Authority. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: DEMILITION OF FIRST STREET STRUCTURE Councilmember Warner mentioned that progress is being made on the demolition of the structure located on First Street. IN RE: THREE RIVERS FESTIVAL Councilmember Gribben stated that the Three Rivers Festival will be coming up next weekend and invited everyone to participate as much as they can. Councilmember Blosser asked everyone to get out and attend the events at the festival. IN RE: MARION COUNTY RESCUE SQUAD OPEN HOUSE Councilmember Seifrit invited everyone to attend the Marion County Rescue Squad open house on Saturday, May 18th, from 11:00 a.m. to 3:00 p.m. IN RE: SUPREME COURT HEARING Councilmember Burdick thanked the Mayor, City Manager, and City Attorney for representing the City of Fairmont in the Supreme Court case against Fairmont General Hospital. He thanked them for all of their hard work on the case. Mayor Straight also thanked the City Manager and City Attorney. He noted that the City Attorney did a remarkable job during the hearing. 3  CITIZENS PETITIONS IN RE: PARKING SITUATION ON ELKINS STREET MICHAEL BUEGE, 202 Elkins Street, stated that there is a lot more traffic on Elkins Street since the Connector has been opened. He said there is a “no parking this side of street” sign on the east side of Elkins Street, however, cars continue to park on that side of the street and even under the no parking sign. He said that after calling the Police a few times, cars continue to park there, but it is so busy there now with the Connector, it seems to be a problem. He then submitted pictures to the City Manager and asked if the City could take a look at this parking situation. IN RE: CODE COMPLAINT – STERLING ROAD MICHAEL HOWARD, a resident of 224 Sterling Road, reported an ongoing property complaint at 125 and 127 Sterling Road. He stated that these houses are in total deplorable condition. He said that vehicles are parked in one yard and the grass is above his knees. He said that this is not a new problem with this property owner and the issue has existed before 2008. He said that the City needs to do something about this property and other dilapidated structures in the City. Councilmember Warner asked if this was the same property that he viewed several years ago. Mr. Howard replied yes but it has gotten worse over the years. CITY MANAGER’S REPORT IN RE: PARKING SITUATION ON ELKINS STREET Mr. Rogers said that he will meet with the Police Chief and Public Works Director regarding the parking issue on Elkins Street and then provide Council with a report of what has been recommended. IN RE: CODE COMPLAINT – STERLING ROAD Mr. Rogers said we have talked a great length about regarding the property on Sterling Road. He said that we need to find out about the ownership of the property and see if we have the ability to have the owner served and get into court. He said that he will work through the Building Inspectors Office and report back to Council. IN RE: THREE RIVERS FESTIVAL The Manager reported that the Festival has confirmed and secured that for the major league pepperoni roll eating contest that Joey Chestnut, ranked number one in the world of professional eaters, will be appearing in Fairmont to participate in the contest. 4 IN RE: SUPREME COURT HEARING Mr. Rogers complimented City Attorney Kevin Sansalone for doing a great job representing the City at the Supreme Court hearing involving Fairmont General Hospital. He said that Kevin has spent an extraordinary amount of time dealing with an issue that has been particular challenging on multiple levels because of several underlining issues. He said that he made a very good argument to the high court on some of those underlining arguments and did represent the City and the citizens very well. He went on to say that whether Fairmont General Hospital is owned by the municipality or not, it is viewed as a municipal hospital in this community because it has always been a community hospital and workers gave their salaries to build that hospital and since it has always been a community hospital, that is the reason that the City of Fairmont continued to pursue this because we felt that our community needed to have a voice in the direction of the hospital. IN RE: STREET PAVING PROGRAM The City Manager informed Council that the spring street paving program is to begin on Monday, May 20th, weather permitting. He noted that the estimate for the spring paving project is about $600,000 and the estimate for the fall paving project will be around $950,000. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE AUTHORIZING THE RENEWAL OF THAT CERTAIN LETTER OF CREDIT, NO 2001-525, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT Mayor Straight entertained a motion for the adoption of an ordinance authorizing the renewal of the Letter of Credit with Wesbanco for Workers’ Compensation. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1589 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2012-2013 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion for the adoption of an ordinance providing for a General Fund budget amendment. 5 Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1590 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE SALE OF ONE (1) 2006 CHEVY IMPALA OWNED BY THE CITY OF FAIRMONT TO THE FAIRMONT- MARION COUNTY REGIONAL AIRPORT AUTHORITY Mayor Straight entertained a motion for the adoption of an ordinance providing for the sale of a 2006 Chevy Impala to the Fairmont-Marion County Regional Airport Authority. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1591 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for May 28, 2013 regarding an ordinance providing for the public auction of surplus personal property. Motion: Councilmember Seifrit moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Warner seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 28, 2013 by voice vote of Council. 6 IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE CITY OF FAIRMONT, A MUNICIPAL CORPORATION, AUTHORIZING AND PROVIDING FOR THE TRANSFER OF THAT CERTAIN 165.00 SQUARE FEET PARCEL OF REAL ESTATE SITUATE NEAR THE INTERSECTION OF ADAMS AND MADISON STREETS IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, BY THE CITY OF FAIRMONT TO THE FAIRMONT BUILDING COMMISSION, A STATUTORY PUBLIC BODY OF THE CITY OF FAIRMONT, TO CURE AN ENCROACHMENT RELATING TO THE PARKING GARAGE; APPROVING FORM OF DEED Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for May 28, 2013 regarding an ordinance providing for the transfer of real estate to cure an encroachment relating to the parking garage. Motion: Councilmember Blosser moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Seifrit seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 28, 2013 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE CITY MANAGER TO SOLICIT PROPOSALS FROM QUALIFIED FIRMS TO UNDERTAKE AN INDEPENDENT ANALYSIS OF THE LOCATION, CONDITION AND OPERATION OF THE CITY OF FAIRMONT FIRE DEPARTMENT’S SUB-STATIONS Mayor Straight entertained a motion for the adoption of a resolution to solicit proposals from qualified firms to undertake an independent analysis of the Fire Department sub-stations. Motion: Councilmember Warner moved for the adoption of the proposed resolution and the reading of a synopsis in lieu of the entire resolution. The motion was seconded by Councilmember Blosser. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Warner asked if we look for these qualified firms within the City or County or will this be a broad search. Mr. Rogers replied that it will be a broad search. 7 Councilmember Warner stated that he has always questioned why we have to bring in somebody who is totally unfamiliar with our city to tell us what we are doing wrong with it. He said maybe a view from another set of eyes is a good idea but he wanted to know the reason behind it and why we can’t find somebody within our own area. Mr. Rogers responded by saying that we may. He said that there very well may be somebody from within the Fairmont/Marion County area or the region. He said that it will be a broad search in conducting the RFP we will advertise it broadly and it will then be based on qualifications that come in when the selection committee would put together the form before we would move forward. He said that it is noted in the packet that the information leading up to this, the issuance of the Request for Proposals does not commit the City of Fairmont to anything other than to put the proposals out to see what types of firms or individuals would come forward to provide this information and analysis for us. Councilmember Warner noted that with his desires to keep it local, he does think the priorities of finding the qualified source is important. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT, ENDORSING THE ANNUAL JOHNNIE JOHNSON BLUES AND JAZZ FESTIVAL TO BE HELD AT PALATINE PARK IN THE CITY OF FAIRMONT ON JULY 5, 6, & 7, 2013 Mayor Straight entertained a motion for the adoption of a resolution endorsing the annual Johnnie Johnson Blues and Jazz Festival for July 5, 6, and 7, 2013. Motion: Councilmember Warner moved for the adoption of the proposed resolution and the reading of a synopsis in lieu of the entire resolution. The motion was seconded by Councilmember Blosser. The Clerk read the proposed resolution by synopsis for the first time. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE CITY’S PARTICIPATION IN WOODLAWN CEMETERY’S ADOPT-A-GRAVE PROGRAM RELATING TO THE FINAL RESTING PLACES OF THE CITY’S FOUNDER, BOAZ FLEMING, AND HIS WIFE, ELIZABETH FLEMING 8 Mayor Straight entertained a motion for the adoption of a resolution authorizing the City to participate in Woodlawn Cemetery’s Adopt-A-Grave Program. Motion: Councilmember Warner moved for the adoption of the proposed resolution and the reading of a synopsis in lieu of the entire resolution. The motion was seconded by Councilmember Blosser. The Clerk read the proposed resolution by synopsis for the first time. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT PLANNING COMMISSION, UNEXPIRED TERM TO END SEPTEMBER 17, 2014 Mayor Straight entertained a motion for an appointment to the Fairmont Planning Commission for an unexpired term to end September 17, 2014. Motion: Councilmember Smith moved to appoint Jamie Greene to the Fairmont Planning Commission for the unexpired term ending September 17, 2014. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Jamie Greene appointed to the Fairmont Planning Commission for the unexpired term ending September 17, 2014 by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Straight moved that Council adjourn to Executive Session under WV Code Section §6- 9A-4 under Item #2 under 2.11 of the City Charter. The motion was seconded by Councilmember Warner. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:47 p.m. IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 9:20 p.m. ADJOURNMENT 9 The Mayor entertained a motion for adjournment. Motion: Councilmember Smith moved to adjourn the meeting. The motion was seconded by Councilmember Warner. The Mayor declared the meeting adjourned by voice vote of Council at 9:21 p.m. 10