City Council

August 27, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th 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 Finance Director Eileen Layman City Attorney Kevin V. Sansalone City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES Father Richard Ullam from St. Anthony’s Catholic Church gave the invocation. 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 August 13, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Weber moved to approve the minutes as submitted. Councilmember Warner 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 ADOPTING THE CITY OF FAIRMONT PLANNING COMMISSION RULES OF ORDER AND PROCEDURE APPROVED AND AMENDED BY SAID PLANNING COMMISSION ON JULY 17, 2013 Pursuant to a notice duly published in the Times-West Virginian on August 19, 2013, a public hearing was convened to obtain citizen input on an ordinance to adopt the Planning Commission Rules of Order and Procedure. The Mayor asked if anyone present desired to speak to the proposed ordinance. KATHY WYROSDICK, City Planner, spoke in favor of the proposed ordinance. She said that the Planning and Zoning Commission would like to be able to recite the Pledge of Allegiance and in order to do that they have to amend their agenda and that can only be done by the adoption of the change by City Council. There being no one else to speak, the public hearing was called to a close at 7:04 p.m. ANNOUNCEMENTS IN RE: BACK TO SCHOOL Councilmember Gribben reminded everyone that school is back in session and to watch out for the school buses and be very careful. IN RE: BLOCK PARTY FOR BOYS & GIRLS CLUB Councilmember Blosser stated that BC Bank wrapped up a block party for the Boys & Girls Club and more than 1,000 people attended during the 2-hour period. He then said that BC Bank was able to contribute $1,000 to the Boys & Girls Club of Marion County and he did not know the number on how much they raised from donations and received while they were there but he wanted to thank everyone for their donation. He then mentioned that Willard Ferrell, owner of Subway Restaurant on East Park Avenue, helped to contribute to the cause and he wanted to personally thank him for that. Councilmember Burdick reported that he attended the block party and there was definitely an overwhelming crowd there. 2 IN RE: 50TH ANNIVERSARY OF MARTIN LUTHER KING’S SPEECH Councilmember Seifrit stated that she wanted people to remember that tomorrow, August 28th, is the 50th anniversary of Martin Luther King’s speech. IN RE: PALATINE PARK Councilmember Seifrit stated that she had a prepared statement about Palatine Park and asked if she should say it now or wait until Council gets to that item. Mayor Straight advised her to wait until Council gets to that part of the discussion. IN RE: MAIN STREET FAIRMONT BOARD Councilmember Burdick reported that he was recently elected President of the Main Street Fairmont Board of Directors. IN RE: HIGH SCHOOL FOOTBALL Councilmember Garcia mentioned that this is the first week of high school football in the area. He wished all of the team the best of luck and hope they have a great season. IN RE: TOMATO TASTING EVENT Mayor Straight stated that he participated as a judge in the tomato tasting contest held at High Gate last weekend. CITIZENS PETITIONS IN RE: RIVERFRONT DEVELOPMENT AT PALATINE PARK CHARLIE REESE, Director of the Marion County Development Authority, addressed Council regarding an update on Palatine Park. He said that, to date, the budget on Palatine Park is around $750,000. He said from his experience at building parks and by the time it is done, they will have well over $1 million dollars plus in developing that park. He went on to say that they are still cleaning up the river bank and should have it done by the end of next month. He said that have put in a couple concrete pads and are on the site where the old overlook used to be and on that site they have placed six new concrete picnic tables. He reported that they have started the sidewalk and placed a warning sign on the steps plus they have been painted and painted the treads with a non-slick type of paint so people won’t fall down the steps. He then informed Council that regarding the deed of the 100 block of Adams Street, the deed says for “public use”. 3 He said that anything can be built there where the public could walk in and visit and that would be public use. He said that he is in contact with the State to get their interpretation because that is his interpretation of “public use” and then possibly have it removed from the deed. He went on to say that their partnership with the WV Department of Natural Resources has been great. He noted that they contacted the DNR twenty-one (21) days ago and they now have an agreement. He said that this agreement was received yesterday and the DNR says that they will develop the boat ramp and parking areas for trailers and will do all of this for $1.00 for lease for 25 years. He mentioned that they will do the entire parking lot, the boat ramp, and so on for $1.00. Mr. Reese went on to inform Council that the estimate on that project would be around $300,000 for the parking lot and boat ramp. He said that he was happy to announce that they closed on the first house on New Street. He said that they now own this house. He went on to say that the survey is complete but it has not been recorded yet but it has been completed. He then passed out for Council to see what they are going to record. He also passed out an overhead shot of the park and the lot they just purchased on New Street. He said that what you do not see on the map is the land that they are leasing to the DNR which is the area over by the Election Center, including the Election Center parking lot and all of that area over there. He noted that will be leased to the DNR and they will be doing the construction over there. Mr. Reese said that it will be registered at the Court House soon. He then said that there has been some question about a partnership and his situation is that he would need to know what the definition of a partnership is and if it was a 50/50 partnership then the City of Fairmont would have to step up with $750,000 because that is what they have in it. He said that he did not think anything else, unless the City would want to be a silent partner; a silent partner would be good. He closed by inviting the City Council and any City staff members to attend a Marion County Commission meeting. JIM SUMMERS, Lewis Lane, Worthington, stated that he represents the 5,000 members of the BASS and 1,200 die-hard tournament fisherman that travel all over this fine State. He said that this is something that is needed in this area for a long time and it was up to City Council and the County Commission to get together for the betterment of the citizens of this County. He said that he would appreciate the City and the County getting together on this project. CITY MANAGER’S REPORT IN RE: PAVING PROGRAM Mr. Rogers reported that paving has been completed in the East Side area of the City. He said that the paving company will be moving to Bellview and look to begin paving the Bellview next Wednesday and then move into the downtown area. 4 IN RE: DEMOLITION – BUILDINGS ON JEFFERSON STREET The City Manager stated that Reclaim has submitted a low bid of $29,250 for the demolition of the two structures adjacent to the Masonic Temple building. He said that the notice of award has been provided to them and look for demolition to begin shortly after the first of September. IN RE: DEMOLITION Mr. Rogers said that we have on the agenda tonight a resolution that will essentially encourage the WV Legislature to take a look at vacant properties and dilapidated structures and do some things from a funding mechanism but also from the enforcement standpoint. He said that with a situation on 12th Street, he said this really points to the enforcement procedures that we have currently in West Virginia and the need that we have for an additional enforcement powers. He went on to say that after going through the enforcement procedures that are outlines in the WV Code, we ended up having to file suit against the property owner for this building. He noted that suit was filed in 2011 and in April of 2012, the Marion County Circuit Court issued an order in favor of the City requiring the property owner to demolish the structure. In August of 2013, we were back in front of the Circuit Court finding that individual in contempt. He said now we sit in August of 2013 and the Judge rules that the individual is in contempt and that he failed to comply with the order but yet he has been given until October 15th to purge himself of that contempt and be able to restore the site while our citizens continue to look at this piece of property. He noted that we have done everything that we can through the legal system and through the Code Enforcement system, but it is just not enough. He mentioned that he brings this out tonight because John Miller informed him today that he has 19 cases pending in Municipal Court. He said that if every one of our processes takes this much time, it is another example of how some of our statutory powers need to be increased when it comes to Code Enforcement. He closed by saying that Council is taking steps by putting some funding towards demolition and we have two structures in downtown that have been an eyesore for a long time and they will be taken down in the next couple of months but we still continue to need help on the enforcement side of things. IN RE: WELCOME RECEPTION - FSU HEAD FOOTBALL COACH The City Manager reminded Council that the welcome reception for Fairmont State’s Head Football Coach Jason Woodman will be held on Thursday, August 29th at the Erickson Alumni Center from 4:30 p.m. to 7:00 p.m. He encouraged the members of Council and members of the community to go out and meet Coach Woodman. 5  CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 for the adoption of an ordinance to adopt the Planning Commission Rules of Order and Procedure. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Garcia. 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. 1600 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE APPROVING THAT CERTAIN LAW ENFORCEMENT MUTUAL ASSISTANCE AGREEMENT BY AND BETWEEN THE TOWN OF WHITE HALL POLICE DEPARTMENT AND THE CITY OF FAIRMONT POLICE DEPARTMENT COMMENCING UPON EXECUTION AND UNTIL TERMINATED Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 10, 2013 regarding an ordinance approving the Mutual Assistance Agreement between the City of Fairmont Police Department and the Town of White Hall Police Department. 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 September 10, 2013 by voice vote of Council. IN RE: REMOVE VARIANCE PETITION FROM THE TABLE Mayor Straight entertained a motion and second to remove this item from the table. Motion: 6 Councilmember Weber moved to remove this item from the table. The motion was seconded by Councilmember Blosser. Roll call was taken by the Clerk. The Mayor declared this item removed from the table by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT GRANTING THE REQUEST OF VANDALIA HERITAGE FOUNDATION, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 1359.06(a) and (f), ARTICLE 1359 DESIGN AND PLANNING STANDARDS, CHAPTER FIVE SUBDIVISION REGULATIONS, PART 13 PLANNING AND ZONING CODE, OF THE FAIRMONT CITY CODE, RELATING TO CERTAIN REAL ESTATE DESCRIBED AS LOT CORNER ADAMS AND MONROE STREETS (DEVENY BUILDING & ANNEX) SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, AND BEING PARCEL 167 OF MARIN COUNTY TAX MAP 01-01 Mayor Straight entertained a motion for the adoption of a resolution granting the request of Vandalia Heritage Foundation for a variance regarding the Deveny Building and Annex. 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: Attorney Phil Petty, representing Vandalia Heritage Foundation, stated that he was here to answer any questions that Council may have regarding this variance request. Councilmember Weber asked Mr. Petty about the property on 7th Street that is owned by Vandalia Heritage Foundation. He mentioned that the wall is falling down. Mr. Petty replied that Ms. Kuhn’s will be contacting the City here in the next day or so to talk about what can be done with that situation. He noted that they know it is a problem and they are trying to address it. Mr. Petty then said that regarding the variance request, it will get that property to some other hands hopefully with some assets that are able to develop it a little better. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. 7 IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ACCEPTANCE OF AN AWARD FROM THE WEST VIRGINIA DEVELOPMENT OFFICE COMMUNITY 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 acceptance of a grant award on behalf of Fairmont General Hospital Foundation for the purchase of a mammogram machine. 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. 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 ACCEPTANCE OF AN AWARD FROM THE WEST VIRGINIA DEVELOPMENT OFFICE COMMUNITY DEVELOPMENT DIVISION’S COMMUNITY PARTICIPATION GRANT PROGRAM ON BEHALF OF FAIRMONT COMMUNITY DEVELOPMENT PARTNERSHIP, INC. FOR THE VIRGINIA/GASTON AVENUE NEIGHBORHOOD REVITALIZATION PROJECT Mayor Straight entertained a motion for the adoption of a resolution authorizing the acceptance of a grant award on behalf of Fairmont Community Development Partnership for the Virginia/Gaston Avenue Neighborhood Revitalization Project. 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. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. 8 IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT REQUESTING THAT THE WEST VIRGINIA LEGISLATURE ACT TO ESTABLISH A VACANT AND DILAPIDATED STRUCTURE GRANT PROGRAM FOR WEST VIRGINA MUNICIPALITIES AND TAKE CERTAIN OTHER LEGISLATIVE ACTION REGARDING SUCH STRUCTURES Mayor Straight entertained a motion for the adoption of a resolution requesting that the WV Legislature establish a Vacant and Dilapidated Structure Grant Program. 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 Burdick. 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 RE-APPOINTMENTS, PLANNING AND ZONING COMMISSION, THREE-YEAR TERMS TO END SEPTEMBER 17, 2016 Mayor Straight entertained a motion for two re-appointments to the Planning and Zoning Commission for three-year terms to end September 17, 2016. Motion: Councilmember Garcia moved to re-appoint William Oliver and James Nichols to the Planning and Zoning Commission for three-year terms to end September 17, 2016. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk. The Mayor declared William Oliver and James Nichols re-appointed to the Planning and Zoning Commission for three-year terms to end September 17, 2016 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 Blosser. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:39 p.m. 9 IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 9:07 p.m. IN RE: WORK SESSION SCHEDULED – PALATINE PARK Mayor Straight announced that pursuant to Section 1.6 of Council’s Rule of Order he is requesting that a work session of Council be held on Thursday, September 5, 2013 at 5:00 p.m. regarding the discussion of Palatine Park. 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 9:10 p.m. 10