City Council

September 10, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 10th day of September, 2013, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Deputy Mayor Warner 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 Absent: Ninth District Ronald J. (Ron) Straight, Sr. Also present were: City Manager Jay Rogers City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Police Chief Kelley Moran IN RE: EXCUSE MAYOR STRAIGHT Councilmember Weber moved to excuse Mayor Straight from tonight’s meeting due to illness. The motion was seconded by Councilmember Garcia. The Deputy Mayor declared Mayor Straight excused from this meeting by voice vote of Council. IN RE: OPENING CEREMONIES Rev. D. D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Gribben. APPROVAL OF MINUTES Deputy Mayor Warner noted that each member of Council had received a copy of the minutes 1 from the regular meeting held on August 27, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Smith moved to approve the minutes as submitted. Councilmember Weber seconded the motion. The Deputy Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on September 2, 2013, a public hearing was convened to obtain citizen input on an ordinance to approve the Mutual Assistance Agreement between the Fairmont Police Department and the Town of White Hall Police Department. The Deputy Mayor asked if anyone present desired to speak to the proposed ordinance. KELLEY MORAN, Chief of Police, spoke in favor of the proposed ordinance. Chief Moran explained that this ordinance is for the City of Fairmont Police Department and the Town of White Hall Police Department to cooperate together and this expands the current MOU to include DUI check points and other investigations and to assist one another when each department runs short on personnel. There being no one else to speak, the public hearing was called to a close at 7:05 p.m. ANNOUNCEMENTS IN RE: TRANS FLOW SITE Councilmember Blosser reported that he had an opportunity to see the new Trans Flow site that is part of the operation with US Silica bringing in fracking sand by rail down at Walker Siding. He said the facility that they built down there and the talk of additional facilities in that area is an investment that is great for Fairmont and will bring much needed jobs to the area. IN RE: REMEMBRANCE OF 9/11 Councilmember Seifrit asked everyone to take a moment to reflect tomorrow as it is the 12 th 2 anniversary of 9/11. IN RE: TALKING ON CELL PHONES WHILE DRIVING Councilmember Burdick asked the City Manager for an update of how many tickets have been written for people still talking on their cell phones. He asked if this report be included in the Weekly Update on Friday. IN RE: BRICK STREET PROGRAM Deputy Mayor Warner requested a work session to discuss the implementation of a brick street program. He said that they have some new and updated information that they would like to share with Council and he would like to see if Council was interested in listening to their program. CITIZENS PETITIONS IN RE: RIVERFRONT DEVELOPMENT AT PALATINE PARK CHARLIE REESE, Director of the Marion County Development Authority, addressed Council regarding another update on Palatine Park. He reported the following:  They will close on house #2 on New Street next week. He said at that time, they will go out for bids for removal of both houses. He noted that they hope to have both houses down by December.  He asked everyone to drive by the skate park. He said the trees have been removed and part of the fence is down. He said that tomorrow they will start enlarging the skate park.  He mentioned there are no geese at Palatine Park. He said with all of the work being done at the park, all of the work over there has chased them away.  He contacted the DNR to let them know that the City plans will not interfere with anything that the County is doing.  He then requested a copy of the City’s appraisal of Palatine Park.  He then requested a copy of the Mayor’s script that he used last Thursday at the work session. He noted that he threw out some things that are very confusing.  He said that regarding the splash park, he passed around a brochure for Council to look at. He mentioned that there are two systems that they can look at. He said one is a re- circulating system which Clarksburg and Bridgeport has and the other one is a city water system. He said the city water system is where they just pump city water through the park continuously and the other system is about $250,000 has a tank and a system that disinfects the water.  He said as far as Parks and Recreation, their system is only a five to ten year possibility, if they can get the money for it so they were not concerned about what we were going to 3  do down there with the splash park.  He reported that he will be running an ad, a RFP for the next two consecutive weeks asking for engineering to do this park. He then told the City Manager that if you keep the construction cost below $250,000, you do not have to interview. Mr. Rogers replied that it is not the construction cost, it’s the total project. Mr. Reese then asked if the City is locked in with Terradon Engineering. Mr. Rogers said that Terradon was the architect/engineer of record when the riverfront master plan was done so to go back to Terradon to the conceptual drawing that was presented last Thursday, we didn’t have to go through the 5G process just to do that. He then asked Mr. Reese if the County is locked in with Thrasher Engineering. Mr. Reese said no, he just got done saying that he is going to do a RFP. He said if they win it, they will go with them. Mr. Rogers then said that maybe the discussion you mentioned last week of a joint RFP because we have the issue that we are discussing with Legal this week of the pavilion and what we have to do with it and the estimate is over $300,000.00. He also told Mr. Reese that the City Planner was going to try to get with him and have that conversation about the RFP.  Mr. Reese said the first section of sidewalks from the pavilion or the amphitheater to the area where the concrete patio is has been completed and has been seeded. He then said that there were six people there tonight so it’s already starting to be used.  Mr. Reese stated that he knew there was some conversation but he was not part of that conversation about the next meeting. He said in trying to do this project, his question is when are we going to have the next meeting and if we can get that meeting out of the way and decide where we are going with this then the RFP will be a lot easier. Mr. Rogers replied that the discussion was to let Mayor Straight have his surgery and get home from the hospital and then we can pick a date. He then stated that he talked with the County Administrator about that today and he agreed. Mr. Reese responded by saying that he did not believe one person should hold it up and he would tell the Mayor that too. He then told the City Manager that he was going to tell the Mayor what to do anyway. Several Councilmembers replied at the same time saying that was not true. Mr. Rogers said, no sir, he is not. He then said that we need to respect the Mayor and that he has 4 asked and the President of the County Commission agreed so that is the way they left it. Mr. Reese said that the only other question he would have and is concerned about is what the City is going to do with the green grass. He noted that he did not care what the City did with the road, or what we put in there, he just wanted to know what was going to happen with the green grass so when he gets ready to do an RFP, he can show them the boundaries. He said that he has a project to do and he wants to get it done as soon as possible. Mr. Reese said again, that he was the nice one. CITY MANAGER’S REPORT IN RE: PAVING UPDATE The Manager said that we were able to complete the downtown area of paving and began paving the old Armory Parking Lot, behind Frey Funeral Home, today. He noted that this was part of the transaction with Pierpont College for where their students will be parking. He then mentioned that they began today over in the West Side area which includes Barry Street, Katherine Street, and Fleming Avenue. He said that a lot of these areas suffered some damage in the floods back in 2011 when we had the strong storms and did a lot of storm water work out there. He went on to say that the Public Works Director really wanted him to compliment the residents noting that they seem to understand that if they wait a half hour, they will be able to get to their house. IN RE: MASONIC TEMPLE BUILDING Mr. Rogers reported that work began this week on the emergency repair to the Masonic Temple Building. He noted that Keystone Construction is performing this work and once this work is repaired then we will be able to move forward with the new roof on the building. IN RE: 9/11 EVENT The Manager reminded everyone that tomorrow will be the Patriots Day event at Veterans Plaza hosted by Pierpont College. He invited everyone to attend the event. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 5 Deputy Mayor Warner entertained a motion for the adoption of an ordinance approving the Mutual Assistance Agreement between the City of Fairmont Police Department and the Town of White Hall Police Department. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Deputy Mayor declared the ordinance adopted by unanimous vote of those Councilmembers present and the ordinance designated as Ordinance No. 1601 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE CITY OF FAIRMONT AUTHORIZING THE CITY OF FAIRMONT TO LEASE 0.03 ACRES OF LAND FROM CSX TRANSPORTATION, INC., FOR PURPOSES OF ACCESSING STEPS, SIDEWALKS, AND PARKING SPACES AND THE CONSTRUCTION OF SECURITY FENCING AT THE CITY’S EXISTING RAW WATER PUMP STATION, AND FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF A LAND LEASE BETWEEN CSX AND THE CITY FOR SAID PURPOSES Deputy Mayor Warner entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 24, 2013 regarding an ordinance to lease land from CSX Transportation for the raw water pump station. Motion: Councilmember Smith moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Garcia seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Deputy Mayor declared the public hearing set for September 24, 2013 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE NATIONAL LEAGUE OF CITIES’ PARTNERSHIP WITH UTILITY SERVICE PARTNERS IN OFFERING THE NLC SERVICE LINE WARRANTY PROGRAM WHICH PROGRAM IS A HOME PROTECTION SOLUTION TO ASSIST HOME OWNER’S WITH THE FINANCIAL BURDEN OF UNANTICIPATED UTILITY LINE REPAIR AND REPLACEMENT COSTS THAT ARE THE HOME OWNER’S RESPONSIBILITY 6 Deputy Mayor Warner entertained a motion for the adoption of a resolution endorsing the National League of Cities Service Line Warranty Program. 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 Blosser. The Clerk read the proposed resolution by synopsis for the first time. The Deputy Mayor asked Jim Hunt and Mike Chambers to discuss this program. JIM HUNT stated that he is an advisor with the NLC’s Utility Service Line Program. He explained that due to many unscrupulous companies around the Country, the National League of Cities and Utility Service Partners have teamed up to provide a line warranty program for residents and as a National League of Cities endorsed program we gain the satisfaction of knowing that Utility Service Partners will provide superior service. He said when there is a problem with the water line or sewer line on the customer’s side of the line, it could cost upwards of $4,000 or $5,000 to replace those lines. He said that many of times it happens to the people that are least capable of affording that unexpected expense and also happens at the most inopportune times and people have to face the fact that they have to find a contractor, negotiate a price, deal with timing and scheduling, etc. and get into a construction job that they probably never done in their life. He mentioned this is one of the reasons that the NLC worked to develop a service line warranty program. He went on to say that it is a real issue that happens on a fairly regularly basis and when customers have to have this fixed, it creates a pretty big burden. He explained that customers would be paying a small amount each month and whenever they do have an issue, it’s one call, they don’t have to find a contractor, they don’t have to do all the stuff that would normally happen. He said that this program works with local plumbers so it would be a Fairmont plumber working on the lines and they do it all to code so if the City requires a permit, those permits are pulled and really builds the infrastructure in the community so you don’t have failed repairs that come on a couple years down the road. MIKE CHAMBERS stated that in the past ten years, they have paid over $45 million dollars in claims to fix these lines so it is something that does happen regularly. He mentioned that they have 200 city partners across the country and 17 are in the State of West Virginia, including Clarksburg, Bridgeport, and Beckley. He noted that it was all done through a direct mail campaign and twice a year they will mail a letter out to the residents and before it gets mailed out, it will go to the City for an opportunity to review the letter and make sure they are happy with the language. Mr. Rogers stated that over the last year and half, we have had some other companies that are out there that offered this type of program and some of those companies would solicit residents without our approval and our knowledge and report that they were working with us when, in fact, we weren’t working together. He then said that the comfort level came knowing that the NLC and knowing that there has been other cities in West Virginia and across the country that had the same issue of wanting to be able to provide this service to the residents but they needed to be 7 able to find a partner knowing that the NLC are involved in it, it gives us the level of comfort of knowing that the program has been test and is going forward. He then said that he is pleased to make the recommendation to Council that they sponsor the program and endorse it. Councilmember Warner asked how do we gain the confidence of the public and let them know that this is a legitimate thing and getting the word out that this is a benefit. Mr. Chambers said that they do two mailing campaigns a year and will do a press release about the program and it will let the residents know about the validity of the program. He noted that this is an organization that works with 20,000 cities across the country and then just the success that we have had, that is the nice thing about the program. He said that they are able to develop the program, design it and cover exactly what the residents are responsible for. Mr. Hunt stated that the whole concept of this is based on awareness so folks don’t wake up that morning and find out that they have this $4,000 expense that they didn’t know. He said that prior to the letters going out, the best way is transparency in saying coming back to a meeting, getting the press releases out, and making sure that through the public television and all because it really works for the benefit and it is optional for the citizens. He went on to say that if they choose that they don’t want to participate, they are not required to in any way but the beauty of it is the more they know about it, the more they understand. He added that they can calculate their own risk and if they just replaced their line last year, they may feel like they are going to take their chances and go on without this but if they haven’t had anything done for many years that it might be a higher risk but they have that option. He went on to say that they will make sure and the beauty now with both the internet and Channel 19 is that we want more people to understand this program and to know that when that letter comes in its factual and there is some comfort level because they want the folks to be able to call the City and want staff to be aware and knowledgeable about when it goes out and type of typical questions they will be given and that gives the senior citizens and single-family household more comfort. Councilmember Garcia asked if this service will be offered for commercial and industrial customers. Mr. Chambers said that right now it is only for residential customers. Councilmember Garcia asked about the rates. Mr. Chambers said for sewer lines it is $7.75 per month and will cover up to $8,000 in repairs. He said for the water lines it is $5.75 per month and will cover up to $4,500 in repairs. Deputy Mayor Warner said his only concern is the ones that need it the most are the ones that least can afford it and for those people, it is a large amount. Councilmember Weber mentioned that Dominion Hope has this program for gas lines. He then said what if the senior citizens pay this each month and they don’t have anything happen to their water or sewer lines for a period of time and then you go out of business. 8 Mr. Chambers said that they don’t sign a contract so it is a month to month contract and basically they are paying for the monthly service that they are using. He noted that it would be like any insurance program. Councilmember Blosser said that he liked the project because you are not forcing anyone to do it, it’s optional and if you want it you pay for it and if you don’t you don’t have to but it is a good opportunity to offer somebody to have this ability. Mr. Rogers mentioned that this is something that we can put our name to because it is the National League of Cities versus some of the other companies. Roll call was taken by the Clerk and the following votes were taken: Councilmember Burdick Yes Councilmember Gribben Yes Councilmember Seifrit Yes Councilmember Garcia Yes Councilmember Smith Yes Councilmember Blosser Yes Councilmember Weber No Councilmember Warner Yes The Deputy Mayor declared the resolution adopted by majority vote of Council. IN RE: TWO RE-APPOINTMENTS, FAIRMONT PARKING AUTHORITY, THREE-YEAR TERMS TO END SEPTEMBER 30, 2016 Deputy Mayor Warner entertained a motion for two re-appointments to the Fairmont Parking Authority for three-year terms to end September 30, 2016. Motion: Councilmember Blosser moved to re-appoint Chuck Warner and Eddie Snider to the Fairmont Parking Authority for three-year terms to end September 30, 2016. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Seifrit Yes Councilmember Weber Yes Councilmember Blosser Yes Councilmember Smith Yes Councilmember Gribben Yes Councilmember Burdick Yes Deputy Mayor Warner Abstain Councilmember Garcia Yes The Deputy Mayor declared Eddie Snyder and himself re-appointed to the Fairmont Parking Authority for three-year terms to end September 30, 2016 by majority vote of Council. ADJOURNMENT The Deputy Mayor entertained a motion for adjournment. 9 Motion: Councilmember Smith moved to adjourn the meeting. The motion was seconded by Councilmember Garcia. The Deputy Mayor declared the meeting adjourned by voice vote of Council at 7:41 p.m. IN RE: MARION COUNTY COMMISSION MEETING At the close of the meeting, Charlie Reese invited Council to attend the Marion County Commission meeting on Wednesday, September 11th, at 10:00 a.m. He noted that this was the fifth time he invited Council to attend the Commission meetings. Councilmember Garcia stated that he was waiting for them to change the time to an evening meeting. He noted that some Councilmembers have real jobs. Mr. Reese replied who would that be? Councilmember Garcia told Mr. Reese to wait until his power went out and then he will see who it is. Mr. Reese stated that there will be an evening meeting on September 27th. Mr. Rogers replied that he did not think it would be held on a Friday evening. Rev. D. D. Meighen noted that it will be held on the 4th Wednesday of this month (September 25th). 10