City Council

November 12, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 12th day of November, 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 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. Absent: Second District Travis L. Blosser Also present were: City Manager Jay Rogers City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Finance Director Eileen Layman Utility Manager David Sago Utility Controller Mark Moore IN RE: EXCUSE COUNCILMEMBER BLOSSER Councilmember Warner moved to excuse Councilmember Blosser from tonight’s meeting. The motion was seconded by Councilmember Garcia. The Mayor declared Councilmember Blosser excused from this meeting by voice vote of Council. IN RE: OPENING CEREMONIES Chaplain James Riggs of Fairmont General Hospital gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember 1 Seifrit. 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 22, 2013. He asked if there were any corrections, deletions, or amendments. Motion: Councilmember Warner moved to approve the minutes as submitted. Councilmember Weber seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings for this meeting. ANNOUNCEMENTS IN RE: TYPHOON HITS PHILIPPINES Councilmember Smith asked everyone to keep the people of the Philippines in their thoughts and prayers after being hit by a typhoon. Councilmember Gribben also asked everyone to keep the people in the Philippines in our thoughts. IN RE: CONGRATULATIONS EXTENDED TO LOCAL TEAMS Councilmember Garcia congratulated the East Fairmont Boys and Fairmont Senior Girls soccer teams for making it to the State Tournament. He then congratulated Fairmont Senior Football team for making it to the playoffs. Councilmember Burdick also extended congratulations to the teams. 2 IN RE: CITY MANAGER AND CITY ATTORNEY THANKED Councilmember Weber extended congratulations to the City Manager and the City Attorney for the demolition of the building on Cleveland Avenue. IN RE: REMEMBRANCE OF VETERANS Councilmember Weber asked everyone to remember the Veterans and those who fought in foreign wars. Councilmember Seifrit extended a belated “thank you” to all Veterans. Councilmember Burdick thanked all of the Veterans on City Council and to the rest of the Veterans. Mayor Straight stated that he attended the Vietnam Memorial reception yesterday morning and then attended the ceremony at Veterans Plaza later that afternoon. He asked everyone to remember all of the Veterans that had served and the ones that are serving now. IN RE: NIGHT GLOW RACE Councilmember Burdick extended a thank you to City Planner Kathy Wyrosdick and Mark Miller for assisting in the Night Glow Race that was held on October 26th. He mentioned about 300 people participated in the race. CITIZENS PETITIONS IN RE: ARTS AND HUMANITIES COMMISSION CEREMONY REV. D.D.MEIGHEN mentioned that over 200 people attended the Arts and Humanities Commission ceremony in which eight awards were given out. He noted that it was a great program. CITY MANAGER’S REPORT IN RE: REMEMBRANCE OF VETERANS Mr. Rogers stated that he wanted to thank all of our Veterans, not only members on Council and in the community, but also our employees. 3 IN RE: NO. 9 MINE EXPLOSION MEMORIAL The City Manager reported that on Sunday, November 17 th, the 45th anniversary of the No. 9 Mine Explosion will be observed. He mentioned that a memorial service will be held at 1:00 p.m. at the site located off of Route 250 on Flat Run and all Councilmembers are invited to attend. IN RE: RIBBON CUTTING – PIERPONT COMMUNITY COLLEGE Mr. Rogers stated that Council is invited to attend the ribbon cutting ceremony at Veterans Square commemorating Pierpont Community and Technical College’s move into Veterans Square. He mentioned that it will take place on Friday, November 15th at 10:00 a.m. at Veterans Plaza. IN RE: HOME RULE APPLICATION The Manager reported that he and staff are continuing to work on the application for Home Rule. He anticipates a work session to be held in early December to look at the application and some of their thoughts. IN RE: WV DEPARTMENT OF HIGHWAYS MEETING Mr. Rogers stated that he was able to meet with the WV Department of Highways regarding issues that we have been talking about in Council Chambers. He said that this included the Gateway Connector, Locust Avenue widening project, and some of the issues that we have on Jackson Street with the pavement. He said that DOH has promised to respond to those issues. The City Manager then reported that bids will be taken on December 3rd for the Locust Avenue widening project. He said that they anticipate about 120 day construction period on that project. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT: AUTHORIZING AND APPROVING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE APPURTENANCES THEREUNTO BELONGING, SITUATE IN UNION 4 CITY DISTRICT, MARION COUNTY, WEST VIRGINIA BY THE FAIRMONT BUILDING COMMISSION FROM WESBANCO BANK, INC., FOR PURPOSES OF HOUSING CERTAIN OF THE CITY ADMINISTRATIVE OFFICES, WHICH PARCELS OF REAL ESTATE ARE MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: DESCRIPTION TAX MAP PARCEL NO. PT LT 139 COUNCIL PLACE 07 61 PT LT 140 DIAMOND STREET 07 62.1 PT LT 140 DIAMOND STREET 07 63.1 ¼ LT 141 GUFFEY STREET (33 X 66) 07 67 PCLS MERCHANT STREET 07 50 LOT 134 & PT LT 135 07 49 AUTHORIZING THE FINANCING OF THE PURCHASE PRICE OF SAID REAL ESTATE, AND RELATED COSTS NOT OTHERWISE PROVIDED FOR, THROUGH A PURCHASE MONEY LOAN EVIDENCED BY THE ISSUANCE, EXECUTION AND DELIVERY BY THE FAIRMONT BUILDING COMMISSION OF A PROMISSORY NOTE PAYABLE TO WESBANCO BANK, INC., IN THE PRINCIPAL AMOUNT NOT TO EXCEED $360,000.00, TOGETHER WITH INTEREST OF 3.25% PER ANNUM FOR A TERM OF FIVE (5) YEARS; AND AUTHORIZING THE LEASING OF A CERTAIN PORTION OF SAID REAL ESTATE, TOGETHER WITH THE IMPROVEMENTS THEREON AND ALL NECESSARY APPURTENANCES THEREUNTO BELONGING, BY THE CITY OF FAIRMONT AND THE LEASING OF SAID REAL ESTATE TO THE CITY OF FAIRMONT FROM THE FAIRMONT BUILDING COMMISSION; AND AUTHORIZING THE LEASING OF A CERTAIN PORTION OF SAID REAL ESTATE, TOGETHER WITH THE IMPROVEMENTS THEREON AND THE NECESSARY APPURTENANCES THEREUNTO BELONGING, TO WESBANCO BANK, INC., AND THE LEASING OF SAID REAL ESTATE BY WESBANCO BANK, INC., FROM THE FAIRMONT BUILDING COMMISSION; AND PRESCRIBING THE FORMS AND AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF FAIRMONT AND THE FAIRMONT BUILDING COMMISSION, AS APPLICABLE, THE PROMISSORY NOTE, LEASES, LOAN AGREEMENT, DEED OF TRUST, FIXTURE FILING, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS, AND /OR SUCH OTHER DOCUMENTS OR INSTRUMENTS AS MAY BE CONSIDERED NECESSARY TO EVIDENCE SUCH LOAN AND THE SECURITY THEREFOR, THE LEASING OF SAID REAL ESTATE, AND THE RESPECTIVE OBLIGATIONS OF THE PARTIES; AND AUTHORIZING AND APPROVING OTHER DOCUMENTS AND MATTERS RELATED TO THE TERMS AND CONDITIONS OF THE LOAN AND THE 5 SECURITY OF THE LENDER AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for November 26, 2013 regarding an ordinance to purchase the Wesbanco Bank Building on Guffey Street. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Weber seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for November 26, 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 318, AND THE CITY OF FAIRMONT DATED SEPTEMBER 1, 2013, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE 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 November 26, 2013 regarding an ordinance to approve the terms and conditions of the collective bargaining agreement between the IAFF Local 318 and the City of Fairmont. 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 November 26, 2013 by voice vote of Council. 6 IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE WEST VIRGINIA INTELLIGENCE/FUSION CENTER, A DIVISION OF THE WEST VIRGINIA DEPARTMENT OF MILITARY AFFAIRS AND PUBLIC SAFETY, AND THE CITY OF FAIRMONT PERTAINING TO THE APPLICATION OF AUTOMATIC LICENSE PLATE READERS Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for November 26, 2013 regarding an ordinance to approve the terms and conditions of the Memorandum of Understanding between the WV Intelligence Center and the City of Fairmont pertaining to the automatic license plate readers. Motion: Councilmember Garcia moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Smith seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Councilmember Weber asked if this would be for more protection for our Police Department and enhance their ability to protect themselves and also protect the citizens. Mayor Straight replied yes. He said it is state of the art and it scans the license plates as they drive by a vehicle. Councilmember Weber asked if this will be on all of the police cruisers. Mr. Rogers stated that it is just on one of the cruisers now. He noted that it was a test with the Fusion Center and it really allows them to be able to scan license plates for any outstanding warrants, violations, etc. He said that it will be used a lot in areas where you have out of state residents and it is a quick and easy way to be able to scan that license plate and get information from the Fusion Center that there are outstanding warrants or issues with perhaps someone that is from out of state and not inside your local data base. The Mayor declared the public hearing set for November 26, 2013 by voice 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 PARTICIPATION GRANT PROGRAM ON BEHALF OF THE FAIRMONT PARKS COMMISSION FOR IMPROVEMENTS TO PALATINE PARK Mayor Straight entertained a motion for the adoption of a resolution authorizing the acceptance of an award on behalf of the Fairmont Parks Commission for improvements to Palatine Park. 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: The City Manager told Council that this grant was actually brought to us by the local legislative delegation and the process started before our process of transferring the property to the Marion County Commission. He said that we are going to follow through with the acceptance of the grant. He mentioned that there has been some discussion at the Parks Commission about possible uses for the grant including signage in the area. He then said that there are the two projects that the City has proposed for the area and can be used for that. He then said that we can always transfer the grant to the County Commission but we don’t want to stop the process of going back to Charleston and saying that they need to look at somebody else for this grant. He noted that it was much easier to make the acceptance on our end, finish the paperwork, and let the Parks Commission work through this. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ONE REAPPOINTMENT, ICC BOARD OF APPEALS, FIVE-YEAR TERM TO END DECEMBER 12, 2018 Mayor Straight entertained a motion for one re-appointment to the ICC Board of Appeals for a five-year term to end December 12, 2018. 8 Motion: Councilmember Warner moved to re-appoint Daniel Baldwin to the ICC Board of Appeals for a five-year term to end December 12, 2018. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Daniel Baldwin re-appointed to the ICC Board of Appeals for a five-year term to end December 12, 2018 by unanimous vote of those Councilmembers present. IN RE: ONE APPOINTMENT, ICC BOARD OF APPEALS, TERM TO END APRIL 14, 2017 Mayor Straight entertained a motion for one appointment to the ICC Board of Appeals for a five-year term to end April 14, 2017. Motion: Councilmember Warner moved to appoint Richard McElroy to the ICC Board of Appeals for a five-year term to end April 14, 2017. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Richard McElroy appointed to the ICC Board of Appeals for a five-year term to end April 14, 2017 by unanimous vote of those Councilmembers present. 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 7:33 p.m. 9