City Council

November 26, 2013 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 26th 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 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: Acting City Manager and City Attorney Kevin Sansalone City Clerk Janet L. Keller Finance Director Eileen Layman Utility Manager David Sago Utility Controller Mark Moore Police Chief Kelley Moran Police Officer David Wolford IN RE: OPENING CEREMONIES Rev. D. D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember 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 November 12, 2013. He asked if there were any corrections, deletions, or amendments. Motion: 1 Councilmember Seifrit 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. PUBLIC HEARINGS IN RE: 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 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 2 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 SECURITY OF THE LENDER AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH Pursuant to a notice duly published in the Times-West Virginian on November 18, 2013, a public hearing was convened to obtain citizen input on an ordinance to purchase the Wesbanco Bank Building on Guffey Street. The Mayor asked if anyone present desired to speak to the proposed ordinance. DAVID SAGO, Utility Manager, spoke in favor of the proposed ordinance. EILEEN LAYMAN, Finance Director, also spoke in favor of the proposed ordinance. She also thanked Wesbanco employees for bringing this idea to our attention. She then thanked the Fairmont Building Commission and Council for their efforts so far in the actions that we have taken to help make this happen. She mentioned that we have tentatively scheduled the closing date for December 30th with Wesbanco. She closed by asking Council’s support of this ordinance. There being no one else to speak, the public hearing was called to a close at 7:11 p.m. IN RE: 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 3 Pursuant to a notice duly published in the Times-West Virginian on November 18, 2013, a public hearing was convened to obtain citizen input on an ordinance to approve the terms and conditions of the Collective Bargaining Agreement between the City of Fairmont and the IAFF Local 318. 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 7:12 p.m. IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on November 18, 2013, a public hearing was convened to obtain citizen input on an ordinance to approve the terms and conditions of the Memorandum of Understanding regarding the application for automatic license plate readers. The Mayor asked if anyone present desired to speak to the proposed ordinance. KELLEY MORAN, Chief of Police, spoke in favor of the proposed ordinance. He said that the MOU between the City of Fairmont and the Fusion Center basically provides us with a piece of equipment called “License Plate Reader” which cost approximately $25,000 and without this agreement we could not afford to buy this equipment. He went on to say that it is a very useful tool and used all over the United States and is something good for the department to have. He then said that if anyone would like to see it, one is available in the back of Officer Wolford’s car and he would be available to show it to you. Councilmember Garcia said that he was talking to Officer Wolford and he told him about an incident that happened. Officer Wolford explained that it a very useful tool and there are some concerns about tracking one’s movements. He said that the plate only reads numbers and letters and if it reads a plate, it doesn’t come back and say this 4 vehicle belongs to a certain person. He said that it says that he passed this plate at this location and the biggest advantage is if there is an Amber Alert, they can give him the information and there is a data pool that updates twice a day and if you pass a plate that may be involved in an Amber Alert, they can go back through the list and say the car was passed by an Officer in Fairmont and found again by a Trooper in Harrison County so they can do a track to locate a child. He then explained that if you are a registered sex offender in the State of WV, you have to register your vehicles and if he was patrolling around a school, it would say this vehicle is registered to a known sex offender. He noted that it gives you warnings, not a cause for a traffic stop and not probable cause, just to let you know. He said that if a plate or vehicle is stolen it goes into a hot list and if that vehicle is passed it will alert and say stolen vehicle. He then said as far as giving information saying this plate belongs to a certain person, it doesn’t. He then mentioned that even though you are paying for your license plate, it is property of the State of WV. Councilmember Seifrit stated that it would be nice if it would say if people don’t pay their car insurance. Officer Wolford said there is one for people who don’t register their vehicle in the State. Councilmember Warner asked if it would work for those who are supposed to change their license plates within so many months after moving to WV. Officer Wolford said that is exactly what Ohio County is using their LPR for. Councilmember Warner then asked if there is a way of detecting the little sticker on the license plate. Officer Wolford replied no. He said at this time it is only telling him if the plate is a stolen plate and doesn’t give any information as to the ownership of the plate or the status of the sticker. The Mayor stated that in the City of Charleston, they have the same LPR and have found more than 70 cars that have been stolen. He said, to him, that is a plus and he thought it was a good thing. Officer Wolford told the story of a homicide in the South and they knew the plate of the suspect that they were looking for, however, the suspect took the plate off and put it on another vehicle because the witnesses said what kind of a car he was driving, however, a Trooper passed him and the plate came up as a wanted suspect even though it was on a different vehicle. 5 Councilmember Burdick suggested that each Councilmember set up a 15- minute ride along with Officer Wolford. Councilmember Weber said that anytime we can help our officers enforce the laws and keep them safer, we should recognize that. Councilmember Garcia noted that he thought it was a good idea. CHARLES HILLBERRY, a resident of Warren Street, spoke against the proposed ordinance. He said that he is also in law enforcement and a veteran but a citizen first and foremost. He said that he takes exception to this and anything we can do to keep us from living in a police state is probably a good thing. He asked Council if they were talking about a program that every grocery store and every gas station where a police officer could be there and checking ID to verify if there was a want or warrant on an individual would you feel the same way. He said that you have an active reader system that they could sit along Locust Avenue or Fairmont Avenue and read every car and he thought Council, as a representative of the community, they should look at that. He asked Council to consider that and asked what we are sacrificing in the name of what we are being told as security to give up our freedom. Councilmember Garcia said that he would like to ask that of the people that were in the Twin Towers. He said that if we had a reader on the car when they pulled that gentleman over, he would have been detained and would not have been able to have that bomb go off in that airplane. He noted that there are great advantages to this. Mr. Hillberry said that he appreciates Councilmember Garcia’s opinion but at the same time, at a certain point, when are we not free citizens and when are we subjects. He noted that the guilty go free to protect the rights of the innocent. Councilmember Weber said that he would guarantee you, that if anything crosses his desk from Council that infringes upon his right or somebody else’s right to be a free citizen, he will fight to the death to protect their freedom and we are not in Berlin and we, on this Council, would do anything to protect their citizens and he does not believe this is an infringement on freedom, this is a way to enforce the current laws that we have today. He mentioned that this is just another tool for our law enforcement to improve their law enforcement. 6 Councilmember Warner noted that he can empathize with Mr. Hillberry’s feelings but he thought the benefits outweigh the negatives on this. There being no one else to speak, the public hearing was called to a close at 7:25 p.m. ANNOUNCEMENTS IN RE: HAPPY THANKSGIVING Each Councilmember wished everyone a Happy Thanksgiving. IN RE: ANOTHER MUNICIPALITY COUNCIL MEETING Councilmember Garcia reported that he had an opportunity to attend another municipality’s City Council meeting and he thought we had a good system going on here and he was very satisfied with the way our process is. IN RE: SYMPATHY TO REV. McKENNEY FAMILY Councilmember Warner extended sympathy to the family of Rev. John McKenney. Councilmember Seifrit also extended condolences to the McKenney family. She noted that he was a great man and will be greatly missed. Mayor Straight also sent his condolences to the McKenney family. He noted that it was a sad loss for Fairmont and the community. IN RE: FAIRMONT 101 Councilmember Warner reported that Fairmont 101 just concluded and he extended a challenge to the graduates of Fairmont 101. He asked them to stand up for our City when someone is totally out of touch with what the City can or cannot do or what the City should or should not do. He said that the graduates of Fairmont 101 are now in the know and he hopes they will back us. The Mayor reported that he and Councilmember Blosser attended the Fairmont 101 graduation and a lot of good prospects graduated from that class. He also thanked the Department Heads for taking part in the classes 7 each month and explaining their department. IN RE: SOUP OPERA Councilmember Burdick announced that he volunteered at the Soup Opera one day last week and they served 163 lunches on that date. IN RE: TOY GIVEAWAY Councilmember Seifrit mentioned the toy giveaway for Friday, November 29th. She asked everyone to donate in order for the kids to have a good Christmas. IN RE: MCRS CHRISTMAS CELEBRATION Councilmember Seifrit reported that the Marion County Rescue Squad will be having a Christmas Celebration on Friday, December 13th at 6:00 p.m. IN RE: NATIONAL LEAGUE OF CITIES CONFERENCE Councilmember Blosser reported that he attended the National League of Cities Conference in Seattle, Washington to represent the City of Fairmont. He said that it was a great opportunity and mentioned some of the workshops that he attended. He then thanked City Council for allowing him to attend the conference. IN RE: DAVID SAGO AND EILEEN LAYMAN COMMENDED Councilmember Gribben commended David Sago and Eileen Layman for their presentations regarding the purchase of the Wesbanco Building. CITIZENS PETITIONS IN RE: COAL MINING APPRECIATION DAY SWAP MEET BLAIR MONTGOMERY stated that he is representing the group that meets on Thursday afternoons at the Gatherings. He informed Council that North Central West Virginia will be having its first Swap Meet where collectors of coal mining equipment and memorabilia can gather to trade, sell, or purchase items of interest. He noted that collectors from around the country will be in attendance. He said that the Swap Meet will be held on Friday, 8 December 6th at the Knights of Columbus Hall on Mary Lou Retton Drive. He noted that the doors will open at 10:00 a.m. and remain open until 9:00 p.m. with no admission charge. He said that this would be a great time for survivors of miners to bring artifacts to the meet where they can be identified and told the value of the item(s). He went on to say that for those interested, oral histories of miners will be taken in conjunction with the Folk Life Center at Fairmont State University. He closed by saying that this event will be the third swap meet east of the Mississippi. CITY MANAGER’S REPORT The Acting City Manager had nothing to report at this time. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 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 9 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 SECURITY OF THE LENDER AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH Mayor Straight entertained a motion for the adoption of an ordinance approving the purchase of the Wesbanco Building on Guffey Street. Motion: Councilmember Warner 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. 1607 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 318, AND 10 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 for the adoption of an ordinance approving the terms and conditions of the Collective Bargaining Agreement by and between the City of Fairmont and IAFF Local 318. Motion: 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 recorded: Councilmember Burdick Yes Councilmember Gribben Yes Councilmember Warner Yes Councilmember Blosser No Councilmember Weber Yes Councilmember Seifrit 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. 1608 was duly adopted. IN RE: 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 for the adoption of an ordinance approving the terms and conditions of the MOU for the automatic license plate readers. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk and the following votes were recorded: 11 Councilmember Warner Yes Councilmember Smith Yes Councilmember Seifrit Yes Councilmember Garcia Yes Councilmember Burdick Yes Councilmember Gribben Abstain Councilmember Weber Yes Councilmember Blosser Yes Mayor Straight Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1609 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for December 10, 2013 regarding an ordinance to provide for a General Fund Budget Revision. Motion: Councilmember Blosser moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Warner seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for December 10, 2013 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE APPROVING THAT CERTAIN USER AGENCY AGREEMENT FOR CRIMINAL JUSTICE INFORMATION BY AND BETWEEN THE CITY OF FAIRMONT POLICE DEPARTMENT AND MARION COUNTY CENTRAL COMMUNICATIONS DATED ___________, 2013 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for December 10, 2013 regarding an ordinance to approve the agency agreement for criminal justice information between the City of Fairmont Police Department and the Marion County Central Communications. Motion: 12 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 December 10, 2013 by voice vote of Council. IN RE: ONE RE-APPOINTMENT, MARION COUNTY PARKS AND RECREATION COMMISSION, THREE-YEAR TERM TO END DECEMBER 31, 2016 Mayor Straight entertained a motion for one appointment to the Marion County Parks and Recreation Commission for a three-year term to end December 31, 2016. Motion: Councilmember Warner moved to re-appoint Frank Hines to the Marion County Parks and Recreation Commission for a three-year term to end December 31, 2016. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk. The Mayor declared Frank Hines re-appointed to the Marion County Parks and Recreation Commission for a three-year term to end December 31, 2016 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 7:53 p.m. 13