City Council

October 22, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 22nd 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 City Attorney Kevin V. Sansalone Finance Director Eileen Layman IN RE: OPENING CEREMONIES Rev. Richard Bowyer 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 October 8, 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. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on October 14, 2013, a public hearing was convened to obtain citizen input on an ordinance to transfer Palatine Park to the Marion County Commission. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:04 p.m. IN RE: 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 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 Pursuant to a notice duly published in the Times-West Virginian on October 14, 2013, a public hearing was convened to obtain citizen input on an ordinance to accept the transfer of 109 Adams Street from the Marion County Commission to the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. 2 Mr. Rogers stated that the City Clerk passed out an amended corrected deed. He said that there were a few typographical errors in the earlier deed and the typographical errors have been corrected as presented to Council this evening. There being no one else to speak, the public hearing was called to a close at 7:05 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND 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 Pursuant to a notice duly published in the Times-West Virginian on October 14, 2013, a public hearing was convened to obtain citizen input on an ordinance to approve the terms and conditions of the Wage and Benefit Agreement between the City of Fairmont and FOP Lodge #69. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager reminded Council that this extends the current contract that the City has with the Fraternal Order of Police. He noted that no major changes were made to the contract and the contract did expire and was negotiated to resume until the period of 2016. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on October 14, 2013, a public hearing was convened to obtain citizen input on an 3 ordinance approving the quitclaim deed for the conveyance of the Colburn Reserve Center on Mary Lou Retton Drive to the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager said that Hope, Inc. has indicated that they do plan to fulfill their obligations under this transfer and once the ordinance becomes effective in 30 days, we will execute the deed and will also do the addendum with Hope, Inc. allowing them to sublease the facility. There being no one else to speak, the public hearing was called to a close at 7:08 p.m. ANNOUNCEMENTS IN RE: WVML BOARD OF DIRECTORS MEETING Councilmember Smith reported that he attended the WV Municipal League Board of Director’s meeting last week in Lewisburg. He noted that Home Rule was discussed as well as meth labs. IN RE: GATEWAY CONNECTOR Councilmember Garcia stated that there is a sign for the Veterans flag on the Connector that needs some attention. Mr. Rogers asked if it was the banner. Councilmember Garcia said yes, it was hard to read and not doing any good. Councilmember Garcia then asked if we would be able to get some groups to take over sections of the Connector. He mentioned that the grass is being cut by the inmates but they are leaving the grass and it is more of an eyesore with the grass cut then it is with the grass growing. He said that maybe we could get some groups to do that as a project. IN RE: JAKE BRAKES ON CONNECTOR Councilmember Warner stated that he knew the minutes of October 8th reflected what he said but not so much what he meant when he was referring to the noise of the jake brakes on the Connector. He went on to 4 say that realizing we can’t ask that jake brakes not be used because on many trucks that is not something that you can turn off, it is noise abatement that he really meant to address and knowing that the loud trucks are most likely running open pipes, that is what he hopes that will get back to patrolling a little bit more and see if we can curtail some of that noise for the neighbors up there that has been increasing. He noted that he wanted a clarification on that. IN RE: FCDP ANNUAL MEETING Councilmember Gribben invited Council to attend the annual meeting of the Fairmont Community Development Partnership on November 7, 2013 at 5:00 p.m. at the Woman’s Club. He said the main speaker will be Jason Piscitelli who is the right hand man for the Governor. He mentioned that a $20.00 donation is requested but not if you don’t want to make the donation that is fine too. IN RE: NIGHT GLOW RACE Councilmember Burdick reminded everyone that the night glow race will be held on Saturday, October 26th at 8:00 p.m. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: FALL CLEAN UP Mr. Rogers reported that Republic Services will be conducting a fall cleanup on your regular trash pickup evening beginning on November 4th and ending on November 8th. He said that larger items, except those that are prohibited, such as electronics, tires and batteries, can be picked up at the curb at that time. IN RE: GROUTING PROJECT The City Manager announced that he and staff met with the WV DEP and Howard Concrete to discuss the proposed grouting project in the Jackson Addition area. He noted that approximately 100 structures that remediation 5 work will be done on and they will be pumping grout into abandoned mine voids that are in the Jackson Addition area. He mentioned that the temporary plant will be established at Windmill Park in the area that is not used for recreational purposes. He said that they will be running a 4” line in the neighborhood and work will begin on November 4th and will take approximately one year to complete. IN RE: TRI-DATA MEETING Mr. Rogers reminded City Council that there will be a meeting on Thursday, October 24th at 3:30 p.m. with Tri-Data to discuss the fire substations. He noted that they will be meeting in the Fire Training Room. IN RE: PRESCRIPTION DRUG TAKE BACK PROGRAM The Manager reported that on Saturday, October 26th there will be another prescription drug take back program. He noted that unwanted medications can be dropped off at the Police Department at 500 Quincy Street from 10:00 a.m. to 2:00 p.m. IN RE: LIGHTS ON THE CONNECTOR Mr. Rogers informed Council that he still has not received a meeting date with the DOH regarding the lights on the Connector. He said that he will follow up on this. IN RE: TRICK OR TREAT DATE Mr. Rogers announced that trick or treat will be held on Thursday, October 31st from 6:00 p.m. to 7:30 p.m. He noted that the Police Department will be passing out 1,000 trick or treat bags to area elementary school children and provide them with safety precautions. He reminded everyone to be careful and watch out for the little ones. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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, 6 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 for the adoption of an ordinance to transfer Palatine Park to the Marion County Commission. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Seifrit. Discussion: Councilmember Burdick stated that six years the City Council had a meeting with the Marion County Commission and at that time we discussed whether the County Commission wanted to take over the City parks and at that time they really didn’t have any interest on it. He said that since that time, Council had made the effort to improve our parks and he has a hard time with this. He noted that the City has been good stewards for the parks for so many years and his has a hard time just making the transfer. He asked that Council think on this before we vote. Councilmember Weber asked Councilmember Burdick what specifically is he referring to and is it the fact that we are transferring the property in lieu of getting the other piece of property on Adams Street or a mere fact that the City ought to retain that property. Councilmember Burdick replied that the City should retain that property. He noted at some point the County Commission said that they could proceed with their project even if they did not have this property. Councilmember Seifrit said that the plans that the City had that we discussed . . . (not audible). She then asked if we do this, she would hope that the County would get someone to look at the safety aspect of some of the things that are going on at the park. She said that she was initially concerned about infection and who is going to be there in the day time because it is not like they are going to have a playground supervisor there. She noted that the County should consider putting the splash park by Wave Tek Pool. Mr. Rogers replied that once the transfer takes places to the County, it will be operated by MCPARC and he did not think that any of us should have any concern about the activities and organizations that MCPARC has. He noted 7 that they have done a wonderful job with everything that they have across the County but some of those organizational and operational issues can be overcome by Tony and the group at MCPARC. Councilmember Seifrit then mentioned that where they put the concrete tables close to the river bank, if we have a bad rain storm they are going to fall into the river. She noted that it was a safety issue. Mayor Straight said that he walked down and looked at it and it is a rush, rush hurry up and get it done without looking at the overall picture. He said that once this is said and done and once we turn this property over, they are going to have to maintain it and they are going to have to address the problems with the pool. Councilmember Seifrit said that it is a safety thing and she would hate to see someone get hurt or even killed. Councilmember Smith asked if the splash park will be built on the County property or the City property. Mr. Rogers said that he believed from their survey that it will be on the property that they acquired from CSX. Councilmember Smith mentioned that it will be there responsibility to take care of it because we will be out of any legal aspects of it. Councilmember Seifrit said the item being discussed about the City getting the property on Adams Street; we are making the trade but won’t have any say as to what can be built there because it has to be okayed by the County. Mr. Rogers replied no. He explained that the only reservation included in the Adams Street property is that it has to be used for a public purpose so we could not sell it for a private purpose. He noted that it was the same kind of a restriction that we placed in the deed for Palatine Park. He mentioned that Palatine Park must always remain public, open, recreational space and cannot be used for a private purpose. Councilmember Weber said that he concurred with the Mayor that once the County takes over the property, it becomes their responsibility and their liability and we are no longer responsible. Councilmember Gribben said that we should have confidence in the County Commission and their parks commission to do things properly. He said that he did not think there has been a problem with what they do at Wave Tek or 8 other places that shows a poor reputation on their part. He said that we should recognize that and be pleased that they are willing to go forward with this project. Mayor Straight said that on the other hand if you go over there and walk and some of the things that you look at, like how the tables got so close to the river bank, it is eroding away from some of the new cement that they just poured. He noted that they are going to have their hands full within the next year or so. Councilmember Gribben noted that we should not be picking on them. Councilmember Garcia stated that he didn’t think we are. He said that basically we are answering the questions deliberately that’s all. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Weber Yes Councilmember Warner Yes Councilmember Seifrit Yes Councilmember Gribben Yes Councilmember Burdick No Councilmember Blosser Yes Councilmember Smith Yes Councilmember Garcia Yes Mayor Straight Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1603 was duly adopted. IN RE: ADOPTION, 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 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 for the adoption of an ordinance to accept the transfer of 109 Adams Street from the Marion County Commission to the City of Fairmont. Motion: 9 Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Seifrit. Roll call was taken by the Clerk and the following votes were taken: Councilmember Garcia Yes Councilmember Warner Yes Councilmember Seifrit Yes Councilmember Blosser Yes Councilmember Burdick No Councilmember Gribben Yes Councilmember Weber Yes Councilmember Smith Yes Mayor Straight Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1604 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND 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 for the adoption of an ordinance to approve the terms and conditions of the Wage and Benefit Agreement between the City of Fairmont and FOP Lodge #69. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Seifrit. 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. 1605 was duly adopted. IN RE: ADOPTION, 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 10 EXECUTE AND TAKE DELIVERY OF THE DEED ON BEHALF OF THE CITY OF FAIRMONT, AS THE GRANTEE Mayor Straight entertained a motion for the adoption of an ordinance approving the quitclaim deed for the conveyance of the Colburn Reserve Center on Mary Lou Retton Drive to the City of Fairmont. Motion: Councilmember Smith moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Garcia. Discussion: Councilmember Garcia asked if the City will be responsible for any maintenance on the building. Mr. Rogers replied not once it is leased. He noted that Hope, Inc. will take over the sublease. 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. 1606 was duly adopted. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT EXPRESSING THE CITY’S INTENT TO LEASE THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN UNION CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, FROM THE FAIRMONT BUILDING COMMISSION, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, FOR PURPOSES OF HOUSING CERTAIN OF THE CITIES ADMINISTRATIVE OFFICES, WHICH REAL ESTATE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: DESCRIPTION TAX MAP PARCEL NO. DBK/PAGE PT LT 139 COUNCIL PLACE 07 61 771/656 PT LT 140 DIAMOND STREET 07 62 771/761 PT LT 140 DIAMOND STREET 07 63 771/665 ¼ LT 141 GUFFEY STREET (33 X 66) 07 67 773/354 3 PCLS MERCHANT STREET 07 50 763/105 11 Mayor Straight entertained a motion for the adoption of a resolution expressing the City’s intent to lease real estate from the Fairmont Building Commission. Motion: 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 Garcia. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Garcia asked if they were separate parcels on Merchant Street. The City Attorney responded by saying that they are separate on the deed but it is combined on the tax map. Mr. Rogers noted that those are not the three homes or the three separate parcels up from this building that we discussed that evening. Councilmember Weber asked if these are what exist right now. The City Manager replied that was correct. Mayor Straight these are not the three parcels that we looked at during our walk through that day. Mr. Sansalone said these are just the ones that make up the current Wesbanco site. He noted that there were just a bunch of little pieces that make up the whole entire track and there was one tax parcel that actually had three pieces that were combined to make the one tax parcel. Councilmember Smith asked if the Fairmont Building Commission was buying this building. Mr. Rogers said that was correct. He said that they have to be the entity to hold the title to the property just as they are here for the Public Safety Building. Roll call was taken by the Clerk. 12 The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGULAR MEETING OF DECEMBER 24, 2013 TO DECEMBER 17, 2013 Mayor Straight entertained a motion for the adoption of a resolution to reschedule the meeting of December 24, 2013 to December 17, 2013. 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: TWO RE-APPOINTMENTS, FAIRMONT WATER BOARD, THREE-YEAR TERMS TO END NOVEMBER 9, 2016 Mayor Straight entertained a motion for two re-appointments to the Fairmont Water Board for three-year terms to end November 9, 2016. Motion: Councilmember Blosser moved to re-appoint James Decker and Thomas DeVito to the Fairmont Water Board for three-year terms to end November 9, 2016. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk. The Mayor declared James Decker and Thomas DeVito re-appointed to the Fairmont Water Board for three-year terms to end November 9, 2016 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: 13 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 7:42 p.m. 14