City Council

July 9, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of July, 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 City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES Rev. D. D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. IN RE: PROCLAMATION PRESENTED TO LLOYD R. WHITE Mayor Straight presented a proclamation to Lloyd R. White in honor of his retirement as the Chief Financial Officer of the Marion County Rescue Squad. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the regular meeting held on June 25, 2013. He asked if there were any corrections, deletions, or amendments. Motion: 1 Councilmember Warner moved to approve the minutes as submitted. Councilmember Garcia seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on July 1, 2013, a public hearing was convened to obtain citizen input on an ordinance for a General Fund Budget Revision. 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 went over some of the highlights in the budget revision. There being no one else to speak, the public hearing was called to a close at 7:09 p.m. IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: COAL SEVERANCE Pursuant to a notice duly published in the Times-West Virginian on July 1, 2013, a public hearing was convened to obtain citizen input on an ordinance for a Coal Severance Budget Revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, Finance Director, spoke in favor of the proposed budget revision. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR THE LEASE OF THAT CERTAIN PARCEL OF REAL ESTATE OWNED BY THE CITY OF FAIRMONT, SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA AND BEING PARCEL 34 OF MARION COUNTY TAX MAP 01-01, COMMONLY REFERRED TO AS THE ARMORY LOT, TO PIERPONT COMMUNITY AND TECHNICAL COLLEGE, WHICH PARCEL OR REAL ESTATE IS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DEED FROM THE BOARD OF EDUCATION OF MARION COUNTY, WEST VIRGINIA DATED AUGUST 7, 1984, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA IN DEED BOOK 966, AT PAGE 981 2 Pursuant to a notice duly published in the Times-West Virginian on July 1, 2013, a public hearing was convened to obtain citizen input on an ordinance providing for the lease of the Armory Lot to Pierpont Community and Technical College. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Rogers mentioned a couple items. He said that the sole individual that was parking in the lot as a monthly renter has moved into the parking garage so that space has been freed up. He also mentioned that the dumpster will be moved to another area and Public Works will begin making improvements to the lot prior to the August takeover of the lot by Pierpont College. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: 4TH OF JULY CELEBRATION Councilmember Gribben commended Main Street Fairmont on the 4th of July celebration. Councilmember Warner noted that he enjoyed the 4th of July celebration. Mayor Straight also mentioned that the 4th of July celebration was outstanding. IN RE: LLOYD WHITE COMMENDED Councilmember Seifrit extended her thanks to Lloyd White for what he has done at the Marion County Rescue Squad over the years. Councilmember Weber also extended congratulations to Mr. White on his retirement and for the work done at the Marion County Rescue Squad. IN RE: 12TH STREET PROPERTY Councilmember Burdick reported that the dilapidated property at 12th Street has been torn down; however, the city barricades are still there. IN RE: TRAFFIC LIGHTS Councilmember Burdick noted that it is a concern going up Adams Street and seeing the cars running the Jefferson Street light. He said that maybe the City does need to invest in the cameras for that corner. 3 IN RE: UMWA RALLY Councilmember Weber mentioned that he was in support of the United Mine Workers Rally that was held today at FSU. The Mayor made a few comments about the UMWA Rally held today. He said the County Commissioners attended and our Police Chief was out directing traffic. He mentioned that he presented them with a proclamation and hopefully justice will be done for these people that were promised benefits. IN RE: TOUR OF CITY CENTER BUILDING Councilmember Weber invited Council to tour the City Center Building, formerly the old Post Office Building, on Friday, July 12th at 5:00 p.m. He noted that it was located on Fairmont Avenue and Second Street. He noted that he, Councilmember Gribben and Councilmember Blosser already took a tour last week and would like for the other Councilmembers to see the building. IN RE: FAIRMONT’S 1ST FRIDAY Councilmember Warner mentioned that Fairmont’s 1st Friday seems to be going very well. He said that it is held on the first Friday of each month on First Street. CITIZENS PETITIONS IN RE: HOUSING REHABILITATION PROGRAM AMY HAMMOND, Housing Rehabilitation Specialist for the Morgantown-Fairmont Housing Authority, addressed Council regarding an affordable rehabilitation program sponsored by the Morgantown-Fairmont Housing Authority. She encouraged city residents to call her about the program so she can show that there is a need for this program in the community. Councilmember Weber stated that this is a positive approach to reward people for trying to repair their homes and this will enhance the city greatly. He wanted to applaud her efforts. IN RE: CENTENNIAL CELEBRATION OF LOCAL CHURCH Bishop Galen Hansen and Don Chapman addressed Council about the Centennial Celebration of the Church of Jesus Christ of Latter-Day Saints. Aiden Hansen invited Council to attend a dinner and celebration at their church on Friday, July 26th, at 6:00 p.m. He also invited Council to attend a Picnic on Saturday, August 3 rd, at East Marion Park. 4 Will Drennen stated that he is the youth minister and scout master for the church. He said this year as they celebrate the 100th anniversary of the church, they are also celebrating 100 years of being a corporate sponsor of the Boy Scouts of America. IN RE: PALATINE PARK PROPERTY – RIVERFRONT DEVELOPMENT CHARLIE REESE, Marion County Development Officer, gave Council an update on the Palatine Park project. He stated that he had a meeting with the Department of Highways and they reviewed the plans of the project. He said that they also talked about the possibility of reconfiguring the Merchant Street/Morgantown Avenue/East Park Avenue and Everest Drive intersection. He went on to say that MCPARC cleaned up and cut brush at the Park. He mentioned that they have also worked with Thrasher Engineering about a playground for the site. He also mentioned that a meeting has been set up with Utility Manager David Sago on this issue that was discussed at the work session regarding the property at the BMX Park in Montana Mines. He closed by saying that he will be meeting on Friday with Cliff Jackson, one of the new neighbors, about his building going down the hill by Palatine Park. He then presented Council with a copy of a Notice of Assignment that they received from CSX Railroad. He said this is saying that CSX has given the Marion County Development Authority the assignment not only for the property that the City has but also for the Water Department. He noted the deed has been filed for the Palatine Property from CSX. IN RE: POLICE DEPARTMENT COMMENDED BUTCH TENNANT, thanked the Fairmont Police Department for a great job they did working at the UMWA rally. He said everything went smooth like clockwork and they did a great job. IN RE: WALNUT AVENUE CODE COMPLAINTS CHARLES POWERS, a resident of Walnut Avenue addressed Council regarding problems in the Walnut Avenue/Fourth Street area. He stated that the neighborhood is being overrun with everything. He said they have had gun fire in the last two weeks, trees and brush need to be cut back, the street lights need to be brighter, speeding the neighborhood, people walking onto other people’s porches during the middle of the night, and kids throwing rocks through windows. He said the area has gotten out of control and something needs to be done. He mentioned that he has been talking with Police Chief Moran; however Public Works and Code Enforcement need to get involved. He then asked for help in getting the street cleaned up. IN RE: CODE ENFORCEMENT IN JACKSON ADDITION ANTHONY HORTON, 914 Lewis Street, addressed Council regarding the slum and blight in the Jackson Addition area. He said that Code Enforcement needs to be stepped up and the City needs to come up with a mechanism to address these issues. He went on to say that Code Enforcement needs to serve the people and get out of their cars to see what is going on. He pleaded with Council to step up Code Enforcement efforts and then mentioned that there are 180 houses sitting vacant, open and overgrown in that area. 5  CITY MANAGER’S REPORT IN RE: CONGRATULATIONS TO LLOYD WHITE Mr. Rogers extended congratulations to Lloyd White as he retires as the Chief Financial Officer of the Marion County Rescue Squad. IN RE: POLICE DEPARTMENT COMMENDED The City Manager thanked Mr. Tennant for thanking our Police Officers because it’s not done a lot when they do events like that. IN RE: WALNUT AVENUE CODE COMPLAINTS Mr. Rogers told Mr. Powers that he will make a commitment to him that the City will continue to work on the issues in that area. IN RE: CODE ENFORCEMENT IN JACKSON ADDITION The Manager told Mr. Horton that we will continue to work through these issues. He said that we cannot target one particular neighborhood when we have responsibilities everywhere. He reported that the City hired a part-time grass cutter and several of the properties that Mr. Horton talked about several weeks ago have received notices and three or four of those lots have been cut. He said there are additional measures that we need to take a look at and needs to be an effort all around town. He then mentioned that he is pleased to mention that with the funds that we allocated in the FY14 budget and in part of the carryover, we now have allocated over $150,000 this year for demolition and now it is a process of going through and working through that. IN RE: SPRING PAVING PROJECT The City Manager reported that this has been the longest paving project due to the weather. He reported that $565,646.00 is our projected estimate for the paving. He noted that is $16,000.00 under the original estimate made by Public Works. He went on to say that the spring paving project has been a process of taking the streets that have long intersections, Virginia, Gaston, Walnut, Benoni, and Coleman and trying to break those streets down and do those in square block areas and then in the fall get back to the neighborhoods. He then reported that the fall paving project will begin August 12th and the projected budget for the fall paving is around $900,000.00. Mr. Rogers then went over the Street Maintenance Charge collection for the quarter ending June 30th. He said that they had collected a total for the year of $1,432,303.03 with a cash balance of $873,892.01. 6 IN RE: SEATBELT LAW Mr. Rogers informed everyone that the new seatbelt law went into effect today. He noted that it becomes a primary offense for not wearing your seatbelt. He also mentioned that last week the hands free device for cell phones went into effect. IN RE: PROPOSALS FOR FIRE SUB-STATIONS The Manager reported that members of the fire department sub-station review committee met and eight (8) firms had submitted qualifications to help guide the City in taking a look at future sub-station needs that we have for the fire department. He mentioned that they have selected four (4) firms to interview. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. 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. 1596 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: COAL SEVERANCE Mayor Straight entertained a motion for the adoption of an ordinance providing for a Coal Severance Budget Revision. Motion: Councilmember Seifrit moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. 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. 1597 was duly adopted. 7 IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR THE LEASE OF THAT CERTAIN PARCEL OF REAL ESTATE OWNED BY THE CITY OF FAIRMONT, SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA AND BEING PARCEL 34 OF MARION COUNTY TAX MAP 01-01, COMMONLY REFERRED TO AS THE ARMORY LOT, TO PIERPONT COMMUNITY AND TECHNICAL COLLEGE, WHICH PARCEL OR REAL ESTATE IS MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DEED FROM THE BOARD OF EDUCATION OF MARION COUNTY, WEST VIRGINIA DATED AUGUST 7, 1984, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA IN DEED BOOK 966, AT PAGE 981 Mayor Straight entertained a motion for the adoption of an ordinance providing for the lease of the Armory Lot to Pierpont Community and Technical College. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Blosser. Discussion: Councilmember Blosser mentioned that this was great news for downtown Fairmont with Pierpont Community and Technical College moving administrative offices and some of their classes downtown. 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. 1598 was duly adopted. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE CITY OF FAIRMONT AND ITS POLICE DEPARTMENT TO FILE A JOINT APPLICATION WITH THE MARION COUNTY COMMISSION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR FUNDING FROM THE 2013 EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM AND FURTHER AUTHORIZING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE COUNTY Mayor Straight entertained a motion for the adoption of a resolution authorizing the Police Department to file a JAG grant application to the US Department of Justice. Motion: 8 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 Weber. 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: 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 7:57 p.m. IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 8:40 p.m. ADJOURNMENT 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 8:41 p.m. 9