City Council

May 28, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 28th 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 IN RE: OPENING CEREMONIES Rev. D. D. Meighen 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 May 14, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Weber moved to approve the minutes as submitted. Councilmember Blosser seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS 1 IN RE: AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Pursuant to a notice duly published in the Times-West Virginian on May 20, 2013, a public hearing was convened to obtain citizen input on an ordinance providing for the public auction of surplus personal property. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:03 p.m. IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on May 20, 2013, a public hearing was convened to obtain citizen input on an ordinance providing for the transfer of 165.00 square feet of real estate to the Fairmont Building Commission to cure an encroachment relating to the parking garage. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:04 p.m. ANNOUNCEMENT IN RE: THREE RIVERS FESTIVAL Councilmember Gribben gave a salute to all of those that were involved with the Three Rivers Festival. He noted that it was a good event. Councilmember Blosser thanked the Public Works Department for all of their efforts in assisting with the Festival. The Mayor noted that he enjoyed the Festival and thanked those that helped out with the Festival and all of the events. 2 IN RE: McCOY BUILDING Councilmember Gribben reported that the McCoy Building that was occupied by the Fairmont Community Development Partnership will be torn down sometime this week. He noted that it will be torn down at the same time the red structure will be torn down at the corner of Fairmont Avenue and First Street. He said that he was sorry that the Partnership could not get the funds together to do something that would save the building but it was way out of reach. IN RE: PIERPONT COLLEGE TO RELOCATE IN DOWNTOWN Councilmember Blosser stated that he was happy about Pierpont’s decision to take over a large portion of the Veterans Plaza building. He noted that he thought it was great for downtown Fairmont. IN RE: JULIA PIERPONT DAY CELEBRATION Councilmember Blosser noted that he attended the Julia Pierpont event that was held on Saturday. He mentioned that it was a great event marking something historic in Fairmont. IN RE: MARION COUNTY RESCUE SQUAD CELEBRATION Councilmember Seifrit reported that the re-grand opening for the Marion County Rescue Squad was a very nice event. She noted that Marion County is really lucky to have the Rescue Squad located here. IN RE: FOLKLIFE CENTER Councilmember Seifrit stated that the WV Folklife Center at FSU will host a festival on June 1 st and 2nd. She reported that they will have outside exhibits on Saturday with dancing that evening and then on Sunday they will have a play called “History Alive” with Dr. Joe Bundy. She said the events are opened to the public and she encouraged everyone to attend. IN RE: VETERANS REMEMBERED Councilmember Burdick stated that he hoped everyone enjoyed the three-day weekend and had a chance to remember and say thank you to all of the Veterans. IN RE: DEMILITION OF FIRST STREET STRUCTURE Councilmember Warner mentioned that the dilapidated white structure on First Street is totally gone and grass has been planted. IN RE: 5TH STREET PARK FESTIVAL Councilmember Garcia stated that he attended the 5th Street Park Festival last Saturday. He mentioned that the festival has grown from last year and was a nice event. 3 IN RE: VEHICLES RUNNING RED LIGHTS Councilmember Garcia said that more and more he sees vehicles going through red lights. He then asked the City Manager about exploring the possibility of placing cameras at some of the intersections to catch people running the lights. IN RE: STATE BASEBALL TOURNAMENT Councilmember Garcia extended congratulations to the Fairmont Senior High School baseball team for making it to the State baseball tournament. He wished them the best of luck in Charleston. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: THREE RIVERS FESTIVAL Mr. Rogers thanked the Public Works Department and the Police and Fire Departments for their support during the Festival. IN RE: PAVING SCHEDULE The Manager reported that the weather last week with the four days of rain has delayed the paving contractor. He noted that he should be here Monday or Tuesday of next week to begin the spring paving project. IN RE: STATE OFFICE COMPLEX Mr. Rogers stated that the State has moved the bid date for the State Office Complex to June 12th. He noted that will be the new date that they will accept bids for the State Office Building. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Mayor Straight entertained a motion for the adoption of an ordinance providing for the public auction of surplus personal property. Motion: 4 Councilmember Blosser moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Seifrit. 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. 1592 was duly adopted. IN RE: ADOPTION, 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 for the adoption of an ordinance providing for the transfer of 165.00 square feet of real estate to the Fairmont Building Commission to cure an encroachment relating to the parking garage. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Seifrit. Discussion: Councilmember Seifrit asked if there were any plans for this strip of land. Mr. Rogers said that this is the graveled area right in front of the parking garage. He said that there was a development plan that was done about three years ago and had been sent out to developers but there were not any takers on that and until such time that would be done it will just be in the City’s inventory as an option of things that could happen. He then said that as the State Office Complex moves forward, it will become perhaps a valuable piece of property. He said that we will at least do something to spruce it up and make it look better. 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. 1593 was duly adopted. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE COMMUNITY 5 DEVELOPMENT DIVISION’S COMMUNITY PARTICIPATION GRANT PROGRAM ON BEHALF OF THE FAIRMONT GENERAL HOSPITAL FOUNDATION FOR THE PURCHASE OF A MAMMOGRAM MACHINE Mayor Straight entertained a motion for the adoption of a resolution authorizing the submission of a grant application on behalf of the Fairmont General Hospital Foundation for the purchase of a mammogram machine. 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 Seifrit. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Blosser stated that he wanted to say that this should prove that with all of the stuff that we have been through with Fairmont General Hospital, this should show that the City’s actions is just to do what is in the best interest of Fairmont General Hospital being a community hospital. The Mayor noted that it was for the Fairmont General Hospital Foundation. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE RAILROAD EARTH CONCERT SPONSORED BY TIBERIOUS ENTERPRISES, LLC, TO BE HELD IN PALATINE PARK ON FRIDAY, JUNE 14, 2013 Mayor Straight entertained a motion for the adoption of a resolution endorsing the Railroad Earth Concert in Palatine Park on Friday, June 14, 2013. Motion: Councilmember Garcia 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 Warner. The Clerk read the proposed resolution by synopsis for the first time. Discussion: 6 The Mayor mentioned that until we have all of their documents in order, they will not receive their copy of the resolution. Mr. Sansalone said that the resolution contains a contingent effective date saying until they provide all of the necessary documents or the resolution doesn’t become effective. He said that they want the resolution for purposes of obtaining a Fair and Festival license from the ABCC for the purposes of selling beer. He went on to say that this is the same concert that was the subject of a resolution that was before Council at the April 23rd meeting; however, for some reason or another Deep Roots and its principles could not get the necessary Fair and Festival license so they changed the concert sponsor to Tiberious Enterprises so we are going through the motion to have them endorsed as the concert sponsor for purposes of obtaining a Fair and Festival license. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM TO END JUNE 30, 2016 Mayor Straight entertained a motion for a re-appointment to the Arts and Humanities Commission for a three-year term to end June 30, 2016. Motion: Councilmember Warner moved to re-appoint Sue Montgomery to the Arts and Humanities Commission for a three-year term to end June 30, 2016. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk. The Mayor declared Sue Montgomery re-appointed to the Arts and Humanities Commission for a three-year term to end June 30, 2016 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Smith moved to adjourn the meeting. The motion was seconded by Councilmember Garcia. The Mayor declared the meeting adjourned by voice vote of Council at 7:29 p.m. 7