City Council

October 8, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 8th day of October, 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 IN RE: OPENING CEREMONIES Rev. Larry Collins gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Blosser. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the regular meeting held on September 24, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Warner moved to approve the minutes as submitted. Councilmember Blosser seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS 1 There were no public hearings scheduled for this meeting. ANNOUNCEMENTS IN RE: MORRIS PARK Councilmember Gribben stated at the last Council meeting he mentioned about the parking situation going up the hill at Morris Park, however, he found out since then that they were having a cross country meet there. Councilmember Gribben then stated that he was extremely upset to hear about the vandalism that occurred at the park. Mr. Rogers stated that he had several phone calls since the article was in the newspaper and from an enforcement standpoint he and staff are going to meet this week to come up with some additional measures that we think that we can do to protect our property. He mentioned that the Police Department is investigating the leads that have been called in or emailed to our tip line about what may have occurred there. IN RE: CONTRACT WITH FAIRMONT GENERAL HOSPITAL Councilmember Gribben recognized the progress made with Fairmont General Hospital in terms of the Union coming to an agreement with the Hospital. IN RE: STREET LIGHT REQUESTED Councilmember Gribben reported that a street light has been requested for the Woman’s Club on First Street. Mr. Rogers replied that is on the Public Works Director’s list for this week. He noted that he will go over and look at the site and call it in to First Energy about placing the light. IN RE: FSU HOMECOMING PARADE Councilmember Burdick reported that the Homecoming Parade for Fairmont State University will be held on Thursday, October 10th, at 6:00 p.m. IN RE: NIGHT GLOW RACE Councilmember Burdick mentioned that the 3rd annual Night Glow Race will be held on Saturday, October 26th, at 8:00 a.m. 2 IN RE: SYMAPTHY TO KAZNOSKI FAMILY Councilmember Garcia extended condolences to the family of Pete Kaznoski who recently passed away. IN RE: PAVED STREETS Councilmember Garcia said that he recently had a chance to go on some of the recently paved streets and said that the contractor did an excellent job and the streets look good. IN RE: CLOSING OF RUSKIN MANUFACTURING Councilmember Weber mentioned that he was dismayed to see that Ruskin is closing at a loss of 180 jobs. He noted this was not good for the County or the community. IN RE: JAKE BRAKES ON CONNECTOR Councilmember Warner reported that jake brakes are still being used on the Gateway Connector. He asked if that area could be monitored again. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: PAVING UPDATE Mr. Rogers provided Council with an updated on the paving program. He reported that this was the largest paving project in the City’s history. He said that over 50 streets were paved which equated to about 7.7 miles. He said they used 10,254.71 tons of asphalt at a cost of $826,873.35 from the Street Maintenance Fund. He mentioned that the Old Armory Parking Lot, behind Frey Funeral Home, was paved at a cost $21,266.35 and funds were used from the Capital Improvement Program to make that expenditure as part of our lease agreement with Pierpont College when we leased them that facility. Mr. Rogers reported that for the Street Maintenance Charge, for the period ending September 30, 2013, we began the period in July with a balance of $873,892.01 and collected $201,839.54 in residential fees and $135,980.03 in non-resident fees for a total of $337,819.57 from that period. 3 The City Manager then commended Ron Miller, Public Works Director, and Tom Anderson, Operations Supervisor, their staff, and Stone Paving for doing a nice job on the streets and for putting together a good program and making an impact. IN RE: BUILDINGS DEMOLISHED Mr. Rogers reported that the demolition is complete on the former Lupo’s Building and People’s Shoe Building on Jefferson Street. IN RE: MASONIC TEMPLE BUILDING The Manager announced that Tennis Roofing started replacing the roof on the Masonic Temple Building. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE TRANSFER TO THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, A PUBLIC BODY CORPORATE AND POLITIC, THOSE CERTAIN PARCELS OF REAL ESTATE OWNED BY THE CITY OF FAIRMONT, SITUATE IN THE CORPORATE LIMITS OF THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, IDENTIFIED AS PARCELS 1, 2 AND 4 OF MARION COUNTY TAX MAP 05-07, AND BEING SUCH PART OF PALATINE PARK OWNED BY THE CITY OF FAIRMONT Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for October 22, 2013 regarding an ordinance to provide for the transfer of Palatine Park to the Marion County 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 Seifrit seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for October 22, 2013 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT ACCEPTING THE TRANSFER OF THAT CERTAIN PARCEL OR TRACT OF REAL ESTATE SITUATE IN FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, COMMONLY REFERRED TO AS 109 ADAMS STREET, FROM THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, A PUBLIC BODY 4 CORPORATE AND POLITIC, AND AUTHORIZING THE CITY MANAGER TO TAKE DELIVERY OF THE DEED THEREFOR, WHICH REAL ESTATE IS A PART OF THE SAME REAL ESTATE DESCRIBED IN THAT CERTAIN DEED DATED JUNE 4, 2013, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA IN DEED BOOK 1134, AT PAGE 509 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for October 22, 2013 regarding an ordinance to accept the transfer of the property located at 109 Adams Street from the Marion County Commission. Motion: Councilmember Garcia 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. Discussion: Councilmember Weber asked about the Sheriff’s Department retaining the parking lot in the alley. Mr. Rogers replied that he did not know who will park there from the County. Councilmember Weber said that people have a very difficult time parking close to the Library. He then asked if there was any way we can persuade the County to park in the Parking Garage and walk to their building. He said that the only place for people to park close to the Library is on the uphill side of Monroe Street which makes it very difficult for people to open their car doors and get out. He said that he did not know how we can resolve some of those issues but they need to be addressed. Mr. Rogers responded by saying that the Parking Authority has discussed this and tried to take some steps and they have made some corrections to the parking in the alley where we have reserved some spots for the Library. He noted that they have limited the meters and also sent Sheriff Carpenter a letter asking that they not park in those spaces and that seems to have helped on some days. He stated that it was a long term issue that we need to address in that area. Councilmember Weber mentioned that in the short term we need to have a conversation with the Sheriff’s Department. The Mayor declared the public hearing set for October 22, 2013 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND 5 BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM OCTOBER 1, 2013 TO SEPTEMBER 30, 2016, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for October 22, 2013 regarding an ordinance approving the terms and conditions of the Wage and Benefit Agreement between the City of Fairmont and the FOP Lodge #69. Motion: Councilmember Warner 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 Mayor declared the public hearing set for October 22, 2013 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA PROVIDING FOR THE CONVEYANCE OF THE LT. HARRY B. COLBURN UNITED STATES ARMY RESERVE CENTER LOCATED ON MARY LOU RETTON DRIVE, FAIRMONT, WV, TO THE CITY OF FAIRMONT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND TAKE DELIVERY OF THE DEED ON BEHALF OF THE CITY OF FAIRMONT, AS THE GRANTEE Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for October 22, 2013 regarding an ordinance approving the terms and conditions of a quitclaim deed and providing for the conveyance of the Army Reserve Center on Mary Lou Retton Drive to the City of Fairmont. Motion: Councilmember Blosser moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Seifrit seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for October 22, 2013 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT PROMOTING THE NATIONAL LEAGUE OF CITIES’ PRESCRIPTION DISCOUNT CARD PROGRAM WHICH PROGRAM IS DESIGNED TO ASSIST CITY 6 RESIDENTS WHO ARE WITHOUT HEALTH INSURANCE, A TRADITIONAL PHARMACY BENEFIT PLAN, OR WHOSE PRESCRIPTIONS NOT COVERED BY INSURANCE TO OBTAIN MEDICATIONS AT A DISCOUNT Mayor Straight entertained a motion for the adoption of a resolution promoting the National League of Cities’ Prescription Discount Card 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 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: ONE RE-APPOINTMENT, FAIRMONT BUILDING COMMISSION, FIVE-YEAR TERM TO END OCTOBER 31, 2018 Mayor Straight entertained a motion for one re-appointment to the Fairmont Building Commission for a five-year term to end October 31, 2018. Motion: Councilmember Garcia moved to re-appoint Glenn Harman to the Fairmont Building Commission for a five-year term to end October 31, 2018. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Glenn Harman re-appointed to the Fairmont Building Commission for a five-year term to end October 31, 2018 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 7:38 p.m. 7