City Council

June 11, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 11th day of June, 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 Weber. IN RE: MOMENT OF SILENCE A moment of silence was held on behalf of Robert Goff, an employee of Reclaim, who was tragically killed in a work related accident on First Street last Friday. 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 28, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Warner moved to approve the minutes as submitted. Councilmember Blosser 1 seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. ANNOUNCEMENT IN RE: WV MUNICIPAL LEAGUE BOARD MEETING Councilmember Smith reported that he and Mayor Straight attended the WVML Board of Director’s meeting last week. He noted that the main topic at the August conference will be Home Rule. Mayor Straight said they had a good discussion at the board meeting and the main topic at the August conference will be Home Rule. He noted that the Municipal League came up with a program offering services to those in need of water line replacements, gas line replacements, and sewer line replacements. IN RE: CONDOLENCES EXTENDED TO GOFF FAMILY All Councilmembers extended their condolences and sympathy to the family of Robert Goff who was tragically killed in an accident on First Street while demolishing a building on First Street and Fairmont Avenue. IN RE: FAIRMONT 1ST FRIDAY Councilmember Warner noted that Fairmont’s “1st Friday” went well and seems to be a growing event. IN RE: SUICIDE WALK FUNDRAISER Councilmember Blosser thanked everyone that came out and participated in the first annual Suicide Walk on June 1st at Palatine Park. He said that the organization set out to raise $5,000 at that event; however, the final tally for the event raised $19,000. IN RE: FAIRMONT GENERAL HOSPITAL Councilmember Burdick wanted to thank the City Attorney again for defending the City’s position on the Hospital. CITIZENS PETITIONS IN RE: STARCHER PROPERTY ON 12TH STREET 2 JOY MARTIN AND TOM RIDENOUR, Virginia Avenue residents, spoke to Council regarding the structure located on 12th Street that is currently under demolition. Ms. Martin passed around pictures of the site so they would have a better understanding of what they will be talking about. Mr. Ridenour said that he and Ms. Martin are both neighbors on Virginia Avenue and live at the end of 12th Street next to the property that has been under demolition since last September. Mr. Ridenour noted that it has been months and months since any work has taken place on this property. He said that with school being out and the pool being open and the barricades being down, he is afraid someone is going to get hurt. He said right now it is a health and safety issue because of the odor coming from the structure. Ms. Martin said their concern is safety more than anything. She noted that kids ride by there on bicycles, runners go by the structure and she did not want to see someone get hurt. She went on to say that the owner seems to think that he is going to fix the rest of the building, however, there is not a floor in that building. She then asked if something could be done about the property and noted they would appreciate any help. The Mayor said that he goes by there every day and he, the City Manager, and City Attorney are very much aware of the situation. He said that here you have the owner that lives out of town and working at his own speed. He noted that it was a shame that something like that has to happen. Ms. Martin asked if someone would get hurt on the property, who would be responsible. Mr. Rogers replied the owner of the property, Mr. Starcher. The City Manager then said that the City Attorney has done all that he can do with the property and we got to the point where the Judge has issued an order that the property has to be cleared and unfortunately the property owner seems to hear different things in his head, such as I’m going to fix up this building, and somebody is going to rebuild on this foundation, none of which is in the order from the Judge. He said that he, the City Attorney, and the Building Inspector had a meeting earlier where we discussed this and none of that can happen. He went on to say that if he was filling in the basement, it had to be done in a method that was approved by the Building Inspector. He said that, unfortunately, we have done as much as we can do from the demolition standpoint under this Order. He mentioned that the barricades and fencing are the City of Fairmont’s because we did have a concern that he wasn’t keeping the site secure enough. He said that with the last conversation with the City Attorney, he is going back to Circuit Court and ask the Court for a hearing date and we will need to get Mr. Starcher, hopefully, into Court again. Mr. Rogers said that he does live out of the State and we cannot always guarantee that he will show up for his court appearance but again, he didn’t do that before and he spent some time in some of accommodations of the State of WV so perhaps he may be willing to do that again. He closed by saying that it has not fallen on deaf ears and it is an incredible eyesore. IN RE: CODE COMPLAINTS – BELLVIEW AREA 3 RALPH STRAIGHT, 119 Bellview Avenue, addressed Council regarding several code concerns in the Bellview area. He said that some have had building permits issued for siding for a minimum of five years and has not completed the job. He reported the following: 301 Bellview Avenue –siding job is not complete on house after starting it five years ago. 219 Bellview Avenue – old post office building has been vacant for 20 years and the back of the building is caving in and is a definite hazard. 217 Bellview Avenue – front porch of this house is caving in and the back of the house is caving in and people still live in the house. 311 Bellview Avenue – front of house has been sided but never completed the rest of the house. Mr. Straight asked if something could be done with the properties that he mentioned. IN RE: CODE COMPLAINTS - STERLING ROAD GENE TURCHIN, 237 Sterling Road, spoke to Council regarding a code complaint on Sterling Road. He said that the property is across the street from his house and he thought the property was owned by Loretta Sine. He mentioned that she has two houses in that area and one house has been abandoned for at least two years. He went on to say that the doors and windows are open, the house has become a hazard and he did not think the house could be made livable. He then said that she has not lived in the other house which is next door for about a year and then she moved back in and cut all of the brush but left it laying in the yard. He said his main concern is the abandoned property and said something has to be done about it. He stated it was a fire hazard and has no utilities connected. He then mentioned that the house that she is currently living in is right on the corner of Sterling Road. MICHAEL HOWARD, 224 Sterling Road, spoke about the same property. He said that he will be back for each meeting until the property is taken care of. The Mayor said that now we know the owner is living there, we can physically serve her. Mr. Howard said that the owner does not care about the condition of her property. He said garbage is piled on the back porch, broken glass and a rotten picnic table is on the property, the roof has holes in it, and the neighbors should not have to live with that. Councilmember Blosser said that there are a lot of properties out there like this one that just need to go but when you start adding up the price tag on all of them, it is costly. Mr. Rogers mentioned that we have been to court several times and have had rulings by the Judges in this County that will tell you that people have the right to live how they want to live no matter what we try to do. The Mayor said that with these gentlemen addressing this again tonight, hopefully, we will get somebody out there and knock on this lady’s door and get something headed in the right direction. 4  CITY MANAGER’S REPORT IN RE: PAVING PROJECT Mr. Rogers stated that regarding the paving schedule, the weather has not been very cooperative. He said last Friday they were able to get a scratch coat down on 10th Street and then today the weather held out long enough to get 10th Street paved. He said if weather holds out, the contractor plans to begin paving tomorrow. IN RE: ROOF AT PUBLIC SAFETY BUILDING He mentioned that the roof is currently being replaced on the Public Safety Building. He said that they are only taking off as much as the roof material as they can put on in one day. IN RE: FIRE AT 300 ADAMS STREET The Manager reported that there was a fire late this afternoon at 300 Adams Street. He said apparently a boiler malfunctioned and caught some wood on fire on the second story and the fire department was able to put it out quickly. IN RE: PROPERTY MAINTENANCE The Manager mentioned that some of the staff members will be attending a seminar in Charleston tomorrow called “Bad Buildings”. He said that it was about blighted, abandoned, and dilapidated structures. CONSIDERATION OF COUNCIL BUSINESS IN RE: INRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, AMENDING AND SUPPLEMENTING ORDINANCE NO. 1484, WHICH ORDINANCE IS CODIFIED AS SECTION 1709.01 OF THE CITY CODE, TO PROVIDE FOR THE REPEAL OF THE STANDARDS AND REQUIREMENTS AS SET OUT AND PUBLISHED BY THE INTERNATIONAL CODE COUNCIL AND THE AMERICAN STANDARDS INSTITUTE IN 2009 AND THE 2003 INTERNATIONAL ENERGY CONSERVATION CODE-FOR RESIDENTIAL DWELLINGS, AND THE 2003 ICC/ANSI A117.1 ACCESSIBILITY AND USABLE BUILDINGS & FACILITIES CODE, AND FURTHER RE-ENACTING AND ADOPTING CERTAIN OF THE 2012 STANDARDS AND REQUIREMENTS AS SET OUT AND PUBLISHED BY SAID COUNCIL, THE 2011 NFPA 70 NATIONAL ELECTRIC CODE, AND THE 2009 ICC/ANSI A117.1 ACCESSIBILITY AND USABLE BUILDINGS & FACILITIES CODE WHICH STANDARDS AND REQUIREMENTS TO BE EFFECTIVE SEPTEMBER 1, 2013, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE FOR RESIDENTIAL DWELLINGS TO BE EFFECTIVE NOVEMBER 30, 2013, ALL OF WHICH WERE ADOPTED BY THE STATE OF WEST VIRGINIA, BY LEGISLATIVE RULE FILED DECEMBER 21, 2012 5 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for June 25, 2013 regarding an ordinance to adopt the new State Building Codes. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Blosser seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for June 25, 2013 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF CITY ORDINANCE NO. 1485, AS AMENDED, WHICH IS CODIFIED AS PART 17 BUILDING AND HOUSING CODE, ARTICLE 1709 WEST VIRGINIA STATE BUILDING CODE, OF THE CITY CODE, AND PARTICULARLY, SECTION 1709.02 SCHEDULE FOR PERMIT FEES AND PENALTIES AND SECTION 1709.03 DISCRETIONARY PROVISIONS THEREOF, TO AMEND AND SUPPLEMENT THE PERMIT FEES, ENFORCEMENT REMEDIES, PENALTIES, LOCAL CONSTRUCTION STANDARDS, AND DISCRETIONARY SECTIONS SO AS TO PROVIDE FOR CHANGES WROUGHT BY THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT BY THE INTERNATIONAL CODE COUNCIL AND AMERICAN STANDARDS INSTITUTE, ADOPTED BY THE STATE OF WEST VIRGINIA BY LEGISLATIVE RULE FILED DECEMBER 21, 2012 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for June 25, 2013 regarding an ordinance to adopt discretionary provisions to the new State Building Codes. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Blosser seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for June 25, 2013 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPOINTING ANTHONY J. JULIAN, ESQ., MUNICIPAL JUDGE FOR THE CITY OF FAIRMONT FOR A TERM OF FOUR YEARS COMMENCING JULY 1, 2013, AND UNTIL JUNE 30, 2017 6 Mayor Straight entertained a motion for the adoption of a resolution appointing Anthony J. Julian as the Municipal Judge for another four-year term commencing July 1, 2013 through June 30, 2017. Motion: Councilmember Seifrit 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. 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 OF THE CITY OF FAIRMONT AUTHORIZING THE CITY MANAGER TO CONDUCT AN INVESTIGATION TO DETERMINE THE FEASIBILITY OF RELOCATING/REFURBISHING ITS EXISTING ADMINISTRATIVE OFFICES; TO SOLICIT PROPOSALS FROM QUALIFIED FIRMS TO ASSIST WITH THE INVESTIGATION AND TO MAKE RECOMMENDATIONS RELATING THERETO; AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH Mayor Straight entertained a motion for the adoption of a resolution authorizing the City Manager to solicit proposals from firms to assist with the investigation relating to the relocating/refurbishing a new City Hall Building. 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 Gribben noted that he would hope there was no pre-determination in terms of where the location would be or where it would be restricted to be. Mr. Rogers explained that once a consultant is selected and brought on board, one of the first meetings that will have will be with Council to start to establish priorities that you would have for the new administrative offices or refurbish the administrative offices depending on what they would be and then based off of that you will go through a series of exercises of where that location is and go from there. 7 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. 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 DEVELOPMENT DIVISION’S COMMUNITY PARTICIPATION GRANT PROGRAM ON BEHALF OF THE GFWC WOMAN’S CLUB FOR THE RESTORATION OF THE HISTORIC MANSION Mayor Straight entertained a motion for the adoption of a resolution authorizing the submission of a grant application on behalf of the GFWC Woman’s Club for the restoration of the historic mansion. 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: TWO APPOINTMENTS, FAIRMONT PARKS COMMISSION, SIX-YEAR TERM TO END JUNE 30, 2019 AND ONE UNEXPIRED TERM TO END JUNE 30, 2017. Mayor Straight entertained a motion for two appointments to the Fairmont Parks Commission. Motion: Councilmember Blosser moved to re-appoint Joseph Manchin IV to the Fairmont Parks Commission for a six-year term to end June 30, 2019 and Toni Delimpo to the unexpired term to end June 30, 2017. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk. The Mayor declared Joseph Manchin IV re-appointed for a six-year term to end June 30, 2019 and Toni Delimpo appointed to the unexpired term to end June 30, 2017 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, PEG ACCESS AD HOC COMMITTEE, TWO-YEAR TERM TO END JUNE 30, 2015 8 Mayor Straight entertained a motion for a Councilmember appointment to the PEG Access Ad Hoc Committee. Motion: Councilmember Blosser moved to appoint himself, Travis Blosser, to the PEG Access Ad Hoc Committee for a two-year term to end June 30, 2015. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Councilmember Blosser appointed to the PEG Access Ad Hoc Committee for a two-year term to end June 30, 2015 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 7:56 p.m. 9