City Council

August 13, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 13th day of August, 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 City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES The minister was not in attendance so Council recited the Lord’s Prayer. The Pledge of Allegiance to the Flag led by Councilmember Smith. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the regular meeting held on July 23, 2013. He asked if there were any corrections, deletions, or amendments. Motion: 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. 1  PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING CITY ORDINANCE NO. 1579 DULY ADOPTED NOVEMBER 27, 2012, PERSONNEL RULES, TO AMEND THE PAY PLAN AND LIST OF OCCUPATIONAL CLASSES TO PROVIDE FOR THE FOLLOWING: CORRECTION AND UPDATE OF CERTAIN CLASS TITLES; DELETION OF ANTIQUATED CLASS CODES; AND ESTABLISHMENT OF A DATE FOR PAYMENT OF LONGEVITY PAY Pursuant to a notice duly published in the Times-West Virginian on July 29, 2013, a public hearing was convened to obtain citizen input on an ordinance to amend the Pay Plan to correct and update certain class titles and to establish a date for the payment of the longevity pay. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager reported that there were no adjustments to the actual pay for any of the employees. He stated that this ordinance was to update the class titles for certain positions, eliminate the class codes because with the new Tyler System there was no need for the class codes, and to establish a date for the payment of the longevity pay. There being no one else to speak, the public hearing was called to a close at 7:04 p.m. ANNOUNCEMENTS IN RE: WEST VIRGINIA MUNICIPAL LEAGUE CONFERENCE Councilmember Smith noted that he attended the WV Municipal League conference that was held in Charleston last week. Councilmember Blosser stated that he had a great time at the Municipal League conference. He mentioned that he was excited when Council can sit down and talk about the Home Rule options so we can be part of the pilot program. IN RE: RIVERFRONT DEVELOPMENT MEETING Councilmember Warner reminded Council of the Riverfront Development meeting to be held on Thursday, August 15th, at 5:30 p.m. at the Woman’s Club. IN RE: MARION COUNTY CHAMBER OF COMMERCE DINNER Councilmember Warner mentioned that he attended the Marion County Chamber of Commerce dinner that was held on August 7th. 2 Councilmember Burdick reported that he also attended the Chamber dinner. IN RE: FAIRMONT 101 PROGRAM Councilmember Warner stated that he was pleased to see that Fairmont 101 won an All-Star Community Award during the Municipal League Conference. Mayor Straight presented the All Star Community Award plaque to the City Manager on behalf of the Fairmont 101 Program. IN RE: CITY CLERK NAMED PRESIDENT OF WV CLERKS ASSOCIATION Councilmember Warner congratulated City Clerk Janet Keller on being named President of the WV Municipal Clerk and Recorders Association. The Mayor mentioned that Janet has done more than her fair share and he was pleased that she was appointed to this position. IN RE: CITY MANAGER NAMED SECRETARY/TREASURER Councilmember Warner extended congratulations to City Manager Jay Rogers for being named Secretary/Treasurer of the WV City Manager’s Association. IN RE: BC BANK BLOCK PARTY Councilmember Blosser reported that on August 27th from 4:00 to 6:00 p.m., BC Bank will be hosting a block party for the Marion County Boys and Girls Club in front of their banking facility on East Park Avenue. He invited everyone to attend. CITIZENS PETITIONS IN RE: HISTORIC PRESERVATION REVIEW COMMISISON SANDRA SCAFFIDI, 1 Avalon Road, addressed Council regarding the Historic Preservation Review Commission and explained the role of the Commissioners and the benefits that comes from their designation. She closed by saying that she would be honored to be re-appointed to this Commission. 3 IN RE: RIVERFRONT DEVELOPMENT AT PALATINE PARK CHARLIE REESE, representing the Marion County Commission, updated City Council on the progress of Palatine Park. He reported that the work continues and they have gotten the river bank cleared all the way up to the fountain and now working on the area from the fountain to the Nickel Bridge. He mentioned that they cut down some trees and now they need to get equipment in there to get rid of them. He went on to say that the County Commission bought 6 new concrete picnic tables and already put in two at the park. He then said that on August 6 th, the DNR came in and looked at the project and at that meeting it was decided that they are going to be a partner with the County and are basically going to build the boat ramp and the docks. He then said that they are working on a 20 to 30 year lease on that property. He added that they will do the design and pick the location for the ramp and boat docks. Mr. Reese went on to say that there will be an information meeting regarding riverfront development on Thursday, August 15th, at 5:30 p.m. at the Woman’s Club and is sponsored by the Woman’s Club of Fairmont. He noted the public is invited to attend. Mr. Reese then invited Council to another work session with the Marion County Commission on Monday, August 19th, at 5:30 p.m. in the County Commission Courtroom. Mr. Reese then discussed the lease. He said at the first meeting he passed out a lease signed in 1965 between CSX and the City of Fairmont. He said that lease was assigned to the Marion County Development Authority and was corrected and has been recorded. He said that he was here tonight to say that the Marion County Development Authority is giving Council 30-day notice, being sent to the City Manager by registered mail. He stated that the idea of canceling the lease is to clear up a lot of stuff including the item that you cannot have alcoholic beverages down there. He then said that it was estimated that one-third of the amphitheater is on CSX property and all of the water and sewer. Mr. Rogers told Mr. Reese the lease also mentions that the remedy is to remove it. Mr. Reese said that they don’t want to go there. He said that would be the last thing that they would think of. He said that he was here to correct a lot of those smoke screens that seem to be popping up all of the time about deed restrictions, etc. Councilmember Blosser asked when the deed restrictions will be taken care of. Mr. Reese said that it was in the process of being taken care of now. He said that it has been in the process for four or five months and with CSX you have to do a Phase I Environmental and that has been completed. He said once you complete that, you send it to CSX then CSX probably has thousands of lawyers looking at it so once that is done, we are free to go. He 4 mentioned that it was a very simple thing, just put in the deed that all deed restrictions are removed. Councilmember Blosser noted that he just wanted to make sure that was going to happen. Mr. Reese said it is not going to happen, it is happening. He said again that the deed restrictions will be taken care of and we will write a new lease agreement to eliminate some of the restrictions and some of the things that are happening over there that are not in the current lease. He said that there is no need for the movement of the amphitheater. Mr. Rogers said that he just brought it up when Mr. Reese mentioned that the amphitheater is on CSX property and wasn’t supposed to be there then the remedy is to remove it. Mr. Reese said that according the lease agreement with CSX, they have the right to come in and tell you to remove it but we own it now, the Development Authority owns it and we don’t want the amphitheater moved, but we would like to see it painted. Mr. Rogers said that Council was aware that was budgeted in the FY14 budget which began July 1st and the Planning Department is in the process of gathering quotes and going through the proper procurement process to select someone to do that. Mr. Reese said that is basically what is happening at the riverfront and it is moving quite fast. He, again, invited everyone to attend the meeting on Thursday at the Woman’s Club. Councilmember Weber said if one-third of the amphitheater is on the County property, when the pavilion was constructed several years ago, was there not a survey done on that area. Mr. Reese replied that he cannot answer that, he was not involved in that. Councilmember Weber asked if there was a survey done on that property prior to the pavilion being built one-third on CSX property as it was at that time. Mr. Reese responded by saying that to his knowledge and to Norman Kronjaeger who did the present survey and deed stuff, he would have to say no, there was not. He said that was just from talking to Mr. Kronjaeger. Councilmember Weber asked if it was assumed that when the building was constructed that the property was City property. Mr. Reese noted that he figured they were going to build it and they had the lease . . . 5 Mr. Sansalone said it was from 1965 and we still have it for another 30 days so from 1965 until 30 days from now, we had control of it and he believed that we anticipated that it was on our property without being on the property that was leased from CSX and he still has not yet seen a plat that actually depicts any portion of it on CSX right-of-way. He then asked Norman Kronjaeger or Mr. Reese if they have a plat that they can show us. Mr. Reese said yes, but he does not have it here. Mr. Rogers replied no. Mr. Kronjaeger said no. Mr. Rogers said that the plat that Mr. Reese provided to Council does not show the structure locations. Mr. Sansalone said that Mr. Reese made the statements as though they are factual. Mr. Reese said they are factual. Mr. Sansalone asked Mr. Reese to verify for the Council whether it is clarified that a third of it or a fourth of it or any of it is on there. Mr. Kronjaeger stated that he guaranteed some of it is on there. Councilmember Weber said that he was on the Parks Commission when the pavilion was constructed and he did not remember at any Parks Commission meetings whether a survey was done for Palatine Park at that time. Mr. Sansalone said that he did not believe that there was a survey. Mr. Reese said that all electrical and water outlets are definitely 100% sure, without a plat, and the steps going down to the river are on CSX property. Mr. Sansalone said at the time that they were installed, the City had every right to install them, the electrical, the infrastructure, the water, we had control of the property and . . . Mr. Reese interrupted to say that the City didn’t have permission from CSX. Mr. Sansalone said that we did not have to because the lease said that when CSX . . . Mayor Straight interrupted the conversation to say let’s not get into that. He said that we will 6 talk about this at a later day. Mr. Reese closed by saying that there is no hostility here or anything but maybe for legal reasons there should be, he didn’t know. He said that the County is not going to ask the City to tear down the building or move the building. The Mayor said that when you get into the legal aspects of that, that is our City Attorney’s expertise. IN RE: CODE COMPLAINT - STERLING ROAD MICHAEL HOWARD, 224 Sterling Road, spoke about the property next to his property. Mr. Howard said that the owner does not care about the condition of her property. He said the grass is above his knees, the roof has holes in it, and plants are growing in the gutters. He said that the neighbors should not have to live with that. He said that the owner lives next door in another house and does not care about this house. He said that something needs to be done about this structure. The Mayor said that the City knows what the problem is and hopefully we can get it addressed. He then said that if this lady does not have the money to repair her house, there are a lot of agencies and charity groups out there that could come in and help her out. CITY MANAGER’S REPORT IN RE: CODE COMPLAINT - STERLING ROAD Mr. Rogers reported that some progress has been made with the property owner and we are starting to get into some areas that are getting into the personal realm of things of the property owners’ ability to do some things. IN RE: RIVERFRONT DEVELOPMENT PUBLIC MEETING Mr. Rogers noted that the meeting on Thursday evening at the Woman’s Club happens to also fall on the night of the next session of Fairmont 101; therefore, he will not be able to attend. IN RE: WORK SESSION WITH COUNTY COMMISSION The City Manager mentioned that the date of the work session that Mr. Reese has invited Council to is also the same date and time for three of the Councilmembers to interview the consultants on the municipal complex. He said attendance at this particular meeting may be difficult as well. 7 IN RE: FALL PAVING SCHEDULE Mr. Rogers stated that he was hoping that the paver would be here this week but due to a couple weather delays from last week has pushed his schedule to next Monday to begin milling and to start the fall paving. He mentioned that 50 to 60 streets will be paved at a total cost of approximately $850,000. He noted that the final list will be released on Friday. IN RE: PART-TIME EMPLOYEE IN CODE ENFORCEMENT Mr. Rogers wanted to publicly recognize, Jacob Lindsey, part-time grass cutter in the Code Enforcement Office. He wanted to publicly thank Jacob for a tremendous job that he has done over the summer and John Miller for assisting with this project. IN RE: MAKE IT SHINE – LOCUST AVENUE Mr. Rogers said that on Locust Avenue this weekend, the group of Make It Shine did a tremendous job cleaning up the area as we get ready to welcome back the student at FSU. IN RE: MUNICIPAL LEAGUE CONFERENCE – HOME RULE The Manager said the main focus of the WVML Conference was on Home Rule. He said applications for the 16 new pilot studies can actually be submitted as early as January; however, they are due by June 1, 2014. He mentioned that the President of the Home Rule Board assured us that submitting your application in January is not going to give you any higher priority than anybody else’s. Mr. Rogers then mentioned that everyone was taking a look at sales tax, the ability to implement a sales tax, and possibly the reduction in B&O. He said that you would still be able to garner the same amount of funds that you have in your general fund and be able to utilize that to offset the B&O Tax. IN RE: VACANT AND DILAPIDATED STRUCTURES The City Manager announced that a resolution was passed by the Municipal League Board of Directors regarding vacant and dilapidated properties. He said that we have talked about two issues regarding this and one is funding. He noted how do you fund that and number two is stronger enforcement powers. He mentioned that the resolution addresses the matter of mortgage lenders and when you are seeing the number of foreclosures that you are seeing across West Virginia, is to have statutorily language that makes the mortgage lender a responsible property owner. He added that the Board of Directors did pass the resolution unanimously and requested that the legislature provide stronger enforcement powers and funding which will address these 8 structures. He then said that his recommendation will be that the City of Fairmont look to adopt a resolution similar to what the legislature did and try to deliver that to our delegation prior to their meeting in Charleston. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING CITY ORDINANCE NO. 1579 DULY ADOPTED NOVEMBER 27, 2012, PERSONNEL RULES, TO AMEND THE PAY PLAN AND LIST OF OCCUPATIONAL CLASSES TO PROVIDE FOR THE FOLLOWING: CORRECTION AND UPDATE OF CERTAIN CLASS TITLES; DELETION OF ANTIQUATED CLASS CODES; AND ESTABLISHMENT OF A DATE FOR PAYMENT OF LONGEVITY PAY Mayor Straight entertained a motion for the adoption of an ordinance to amend the Pay Plan to correct and update certain class titles and to establish a date for the payment of the longevity pay. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Blosser. 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. 1599 was duly adopted. IN RE: PETITION, A VARIANCE FOR PROPERTY DESCRIBED AS THE CORNER LOT OF ADAMS STREET AND MONROE STREET (DEVENY BUILDING AND ANNEX), VANDIALIA HERITAGE FOUNDATION, OWNER/APPLICANT KATHY WYROSDICK, City Planner, spoke in favor of the proposed variance. She explained that Vandalia Heritage Foundation is requesting this variance. She reported that in May, 2013, Vandalia auctioned a number of their properties off and one of those properties was the property at the corner of Adams Street and Monroe Street which houses the Deveny Building and the hotel annex building. She went on to say that those two buildings are on the same piece of property and were sold to different entities so in order for each entity to have clear title, they have requested a lot split of that property. She went on to say that when they initially applied before the last split, she knew it was going to be an issue because the lot that the annex building will sit on does not meet the City standards, which is not uncommon in the downtown area. She said that the City subdivision regulations require that lots be a minimum of 40 feet along the frontage and this one happens to have frontage on Adams Street of only 22 feet and also the minimum lot size is 6,000 square feet and the proposed lot size is only 1,745 square feet. She said that because it does not meet City standards, she cannot approve it without a variance and it has to go in front of City Council. She went on to say that because the lot and the proposed split is consistent with the downtown development as it currently exists and the lot that the existing 9 building sits on is a substandard lot. She noted that it was not creating a parking issue. She mentioned that she was concerned how the building would be accessed in the back for maintenance of equipment and for the fire escape; the applicants went back and revised their plat to allow for an easement so the property owner can now open the annex building and can access it and maintain it. She said that with those modifications, she is recommending approval of the variance. NORMAN KRONJAEGER, 134 Beach Lane, also spoke in favor of the variance. He said that part of the property will become the Deveny Building property and part of it will become part of the Hennen Building property and part of it is tied up in easements and right-of-ways because you have air conditioning, fire escapes, access, electrical access, access to various parts of other buildings. He mentioned that everyone will have access; it is just going to have two different owners. He then stated that before 1900, they were separate lots but after that they were combined sometime in 1910 and it combined the buildings into one. He said now we have a three-story building and a six-story building with the remaining area in the back. Ms. Wyrosdick noted that she did work very closely with Mr. Kronjaeger and Mr. Petty to ensure that both property owners will have very good access to their buildings. Mr. Rogers pointed out to Council that the request is to actually table this request. He noted that this is one of those strange times where Council actually acts in a quasi-judicial manner so you will have to vote to approve this and you will need a resolution to do that. He said that you will table the request and at the next Council meeting you will be provided with a resolution to vote to approve the variance. Motion: Councilmember Burdick moved that it item be tabled until the next meeting. Councilmember Seifrit seconded the motion. The Mayor declared this variance request tabled until the August 27th meeting by unanimous vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTING THE CITY OF FAIRMONT PLANNING COMMISSION RULES OF ORDER AND PROCEDURE APPROVED AND AMENDED BY SAID PLANNING COMMISSION ON JULY 17, 2013 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for August 27, 2013 regarding an ordinance adopting Rules of Order and Procedure for the Fairmont Planning Commission. 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. 10 The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 27, 2013 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE CITY MANAGER TO NEGOTIATE, EXECUTE AND DELIVER A CONTRACT BY AND BETWEEN THE CITY OF FAIRMONT AND TRIDATA DIVISION, SYSTEM PLANNING CORPORATION FOR PURPOSES OF ANALYZING THE LOCATION, CONDITION AND OPERATION OF THE CITY OF FAIRMONT FIRE DEPARTMENT’S SUB-STATIONS, AND FOLLOWING SAID ANALYSIS, TO REPORT ITS FINDINGS, FORMULATE A MASTER PLAN AND MAKE RECOMMENDATIONS RELATING TO THE FUTURE DEPLOYMENT OF FIRE DEPARTMENT RESOURCES AND OPTIMIZATION OF EFFORTS, AMONG OTHERS Mayor Straight entertained a motion for the adoption of a resolution authorizing the City Manager to negotiate a contract with TriData to formulate a master plan and make recommendations relating to the future deployment of fire department resources. Motion: Councilmember Blosser 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: 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 Weber. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Smith Yes Councilmember Garcia Yes Councilmember Warner Yes Councilmember Weber Yes Councilmember Burdick No Councilmember Seifrit Yes Councilmember Gribben Yes Mayor Straight Yes Councilmember Blosser (out of the room) The Mayor declared the meeting adjourned to Executive Session by majority vote of Council at 8:04 p.m. 11 IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 8:39 p.m. IN RE: REMOVE FROM TABLE, ONE APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2016 Mayor Straight entertained a motion to remove this item from the table. Motion: Councilmember Blosser moved to remove this item from the table. The motion was seconded by Councilmember Garcia. The Mayor declared this item removed from the table by voice vote of Council. Mayor Straight entertained a motion for one appointment to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. Motion: Councilmember Burdick moved to appoint Sandra Scaffidi to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. The motion was seconded by Councilmember Smith. The Mayor declared Sandra Scaffidi appointed to the Historic Preservation Review Commission for a three-year term to end January 1, 2016 by voice vote of Council. IN RE: REMOVE FROM TABLE, ONE APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2015 Mayor Straight entertained a motion to remove this item from the table. Motion: Councilmember Blosser moved to remove this item from the table. The motion was seconded by Councilmember Seifrit. The Mayor declared this item removed from the table by voice vote of Council. Mayor Straight entertained a motion for one appointment to the Historic Preservation Review Commission for a three-year term to end January 1, 2015. 12 Motion: Councilmember Burdick moved to appoint Alex Haill to the Historic Preservation Review Commission for a three-year term to end January 1, 2015. The motion was seconded by Councilmember Garcia. The Mayor declared Alex Haill appointed to the Historic Preservation Review Commission for a three-year term to end January 1, 2015 by majority voice vote of Council. IN RE: REMOVE FROM TABLE, ONE APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2014 Mayor Straight entertained a motion to remove this item from the table. Motion: Councilmember Smith moved to remove this item from the table. The motion was seconded by Councilmember Blosser. The Mayor declared this item removed from the table by voice vote of Council. Mayor Straight entertained a motion for one appointment to the Historic Preservation Review Commission for a three-year term to end January 1, 2014. Motion: Councilmember Weber moved to appoint George Sprowls to the Historic Preservation Review Commission for a three-year term to end January 1, 2014. The motion was seconded by Councilmember Seifrit. The Mayor declared George Sprowls appointed to the Historic Preservation Review Commission for a three-year term to end January 1, 2014 by majority voice vote of Council. IN RE: REMOVE FROM TABLE, ONE APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2016 Mayor Straight entertained a motion to remove this item from the table. Motion: Councilmember Garcia moved to remove this item from the table. The motion was seconded by Councilmember Smith. The Mayor declared this item removed from the table by voice vote of Council. 13 Mayor Straight entertained a motion for one appointment to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. Motion: Councilmember Gribben moved to appoint Marcella Yaremchuk to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. The motion was seconded by Councilmember Seifrit. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Garcia No Councilmember Warner Yes Councilmember Smith No Councilmember Seifrit Yes Councilmember Blosser No Councilmember Weber Yes Councilmember Burdick No Mayor Straight No Councilmember Gribben Yes The Mayor declared that Marcella Yaremchuk did not receive the number of votes to be appointed. Motion: Councilmember Burdick moved to appoint Ron Chrislip to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Gribben No Councilmember Warner Yes Councilmember Burdick Yes Councilmember Blosser No Councilmember Weber Abstain Councilmember Seifrit No Councilmember Smith No Councilmember Garcia No Mayor Straight No The Mayor declared that Ron Chrislip did not receive the number of votes to be appointed. Motion: Councilmember Smith moved to appoint Tracy Evans to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. The motion was seconded by Councilmember Gribben. The Mayor declared Tracy Evans appointed to the Historic Preservation Review Commission for a three-year term to end January 1, 2016 by majority voice vote of Council. 14 IN RE: ONE APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2016 Mayor Straight entertained a motion for one appointment to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. Motion: Councilmember Blosser moved to appoint Dan Garvin to the Historic Preservation Review Commission for a three-year term to end January 1, 2016. The motion was seconded by Councilmember Burdick. Roll call was taken by the Clerk. The Mayor declared Dan Garvin appointed to the Historic Preservation Review Commission for a three-year term to end January 1, 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 8:48 p.m. 15