City Council

December 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 December, 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 Finance Director Eileen Layman City Planner Kathy Wyrosdick Police Chief Kelley Moran IN RE: OPENING CEREMONIES Rev. Doug Hendrixson gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Burdick. 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 26, 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. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on December 2, 2013, a public hearing was convened to obtain citizen input on an ordinance providing for a General Fund Budget Revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, Finance Director, spoke in favor of the proposed ordinance. She went over some of the highlights of the budget revision. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: 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 NOVEMBER 6, 2013 Pursuant to a notice duly published in the Times-West Virginian on December 2, 2013, a public hearing was convened to obtain citizen input on an ordinance approving the Agreement between the City of Fairmont Police Department and Marion County Central Communications. The Mayor asked if anyone present desired to speak to the proposed ordinance. KELLEY MORAN, Police Chief, spoke in favor of the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:11 p.m. ANNOUNCEMENTS IN RE: NELSON MANDELA 2 Councilmember Seifrit paid tribute to Nelson Mandela and stated that he was the ultimate of “turn the other cheek”. She went on to say that he basically got rid of racism and it would really be nice to have that here in the United States. She said that what has been going on lately with the black and white thing, she said that racism in our country is not as blatant as it used to be, and until we get to the point where you can say “see a man in red sweater” and say “the man in the red sweater” instead of a black man over there, it will never be any different. The Mayor noted that he has done a lot for humanity. IN RE: NEW BUSINESSES Councilmember Burdick reported that he attended the Zoning Board meeting and said that everything was moving forward for the new Credit Union. He also mentioned that he was glad to see a new convenience store coming to Pennsylvania Avenue. IN RE: HIGHLAND AVENUE CHURCH Councilmember Burdick stated that Highland Avenue Church has a community Christmas tree. He said that his wife solicited funds for footed pajamas for children within the Bellview community and the rest going to the Soup Opera. IN RE: HONOR FLIGHT Councilmember Weber thanked Aaron Hawkins and Butch Phillips for coming to the meeting tonight to speak about the Honor Flight. IN RE: CONDOLENCES EXTENDED Councilmember Garcia extended condolences to the Blosser family on the recent passing of Rodney Blosser and to the Nickolich family on the recent passing of Fran “Nick” Nickolich. IN RE: BUSINESS CELEBRATION Councilmember Garcia reported that he attended a celebration in Bridgeport. He noted that it was called the ABB (Association of Bridgeport Businesses) and they incorporated it with their light up night. He explained that they shut the streets off and all of the businesses in the downtown area have booths set up and give away free food and other items. He noted that it was 3 a way for the businesses to give back to the community. He suggested that maybe something like that could happen here in Fairmont. CITIZENS PETITIONS IN RE: CELEBRATION OF LIGHTS BUTCH PHILLIPS spoke to Council regarding the Celebration of Lights. He thanked City Council and the City Manager for the assistance that the City has given them this year and in the years past with the Celebration of Lights. He said last year they had over 6,300 visitors go through in that one month period and this year they hope to do better than that. He said the ultimate goal is to raise funds for United Way and they have done that very successfully in the past. He said last year they raised $15,000. He went on to say that they have 30 new displays this year and have a beautiful new sign identifying Morris Park and as of this week, there is a real sign that identifies Morris Park. Mr. Phillips went on to say that the City of Fairmont has been very helpful by supplying them with extension cords and the plowing of the snow around the park. He closed by saying that on December 23rd from 5:00 p.m. to 9:00 p.m. the park will be open for walkers only. He then encouraged everyone to come and see the Celebration of Lights before December 29th. IN RE: HONOR FLIGHT AARON HAWKINS addressed Council regarding the Honor Flight program. He said Honor Flight is a non-profit organization founded in 2005 and their mission is to transport America’s veterans to Washington, DC to see the memorials that were built in their honor. He said that currently they have 130 chapters covering 42 states and as of April 2013, they have transported over 100,000 veterans. He then presented Council with a video of the event. Mr. Hawkins stated that it was a 15-hour day for them and a life changing event for him. He said that it is their intention to honor as many of the veterans as they can by providing them a free trip to visit their memorials. He explained that their program operates on donations from organizations and individuals. He stated that they also provide “guardians” who personally escort the veterans on the aircraft and accompany them to the memorials throughout the day. He noted that the guardians pay their own way on the trip. He said that they are going to do another flight in May of 2014 for the veterans in north central West Virginia. He said that the cost of the flight is $50,000 and they are starting to raise money to make this happen and hope to have the money raised by mid-January. He noted that they are signing 4 up veterans and guardians now for the May flight. He then thanked Council for giving him the opportunity to tell everyone about their flight and to make the community aware of it. Mayor Straight thanked Mr. Hawkins and Mr. Phillips for taking on this endeavor and for honoring the veterans. Councilmember Blosser stated that he will donate $500.00 to fund a veteran. Councilmember Garcia asked Mr. Hawkins to give him his contact information because he has some ideas. IN RE: MORRIS PARK PROPERTY EDDIE SHUCK addressed Council regarding property next to Morris Park. He said that he owns property in Pleasant Valley. He said that he purchased a garage on Tulip Lane and then purchased a 50x50 parcel and now wants to construct an office building on this property. He said that the storm water from Morris Park comes onto this property and he asked the City if they are going to take care of this water problem or if that is something that he needs to take care of. After a lengthy presentation, Mr. Shuck said that the water will wash out this building that he wants to build and then asked the City what they were going to do about it. Mayor Straight said that no solution will be made here tonight. He said this is something that Council needs to talk about. Mr. Rogers replied that the Utility Department will have to come out and look at the property. He noted that was the first step that needs to be taken. He said that he will get back in touch with Mr. Shuck once the property is looked at and then Council will have to have a discussion about who fixes it and how it gets fixed. Councilmember Weber noted that Council can’t do anything tonight but we will do whatever we can to help. Mr. Rogers said that he will get in touch with the Utility Department tomorrow and he will get back to Mr. Shuck. CITY MANAGER’S REPORT IN RE: CELEBRATION OF LIGHTS 5 Mr. Rogers stated that it is not often that we are thanked for our in-kind services but he wanted Council to know that the City provides the electric for the lights at Morris Park. He also mentioned all of the work that some of the employees provide at the park so the Celebration of Lights can happen. IN RE: FEAST OF SEVEN FISHES FESTIVAL The City Manager reminded everyone about the Feast of the Seven Fishes Festival on Saturday, December 14th. IN RE: CHAMBER OF COMMERCE BREAKFAST Mr. Rogers reminded Council of the annual Chamber of Commerce breakfast for Friday, January 3, 2014. He noted that it will begin at 8:30 a.m. at Colebank Hall at FSU. IN RE: MID-WINTER MUNICIPAL CONFERENCE Mr. Rogers told Council that if they are interested in attending the mid- winter Municipal League Conference in January to make their reservation by Friday. IN RE: OMNI QUESTIONNAIRE The City Manager asked Council to return their program questionnaire that was provided to them from Omni Associates by Friday. He said that Omni would like to have a work session before the holiday regarding the information that was submitted. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2013-2014 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Blosser moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk. 6 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1610 was duly adopted. IN RE: ADOPTION, 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 NOVEMBER 6, 2013 Mayor Straight entertained a motion for the adoption of an ordinance approving the Agreement between the City of Fairmont Police Department and Marion County Central Communications. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Garcia. 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. 1611 was duly adopted. IN RE: PETITION, A VARIANCE REQUEST BY H & R PROPERTIES FOR THE MINOR SUBDIVISION OF A LOT ON ADAMS STREET KATHY WYROSDICK, City Planner, spoke in favor of the proposed variance. She explained that this is a co-application between Harvey Havlichek and C.J. Rylands. She went on to say that there is a gray building beside the Dollar General store on Adams Street and is an alley filler in that building where there used to be a 5 ft. alley and they built a building in the alley. She said that what they are proposing to do is that 5 ft. piece of property would come off of the gray building and actually be opened up and then joined with the parking lot behind that building and that would be its own separate parcel. He said that because they are reducing the size of that lot, the gray building lot by 5 ft., it keeps it under the minimum required lot width. She went on to say that the Planning Department does not have any issues with the proposal and that they support the variance and understand why it is necessary. She noted that they want a pedestrian access to the back of the parking lot so you can get to it from Adams Street and it does not affect the use of the gray building at all. Councilmember Warner asked if this just opens up a passageway from Adams Street to the parking lot. 7 Ms. Wyrosdick replied yes, that was correct. Councilmember Seifrit asked if they were going to provide lighting. Mr. Havlichek replied that there will be lighting and they plan to put access to the side of the building. Councilmember Blosser stated that he supports the idea. Motion: Councilmember Weber moved that this item be tabled until the December 17th meeting. Councilmember Garcia seconded the motion. Mr. Rogers pointed out that Council actually acts in a quasi-judicial body in this manner so you will have to vote to approve this and you will need a resolution to do that. He said that you will table the request and at the next Council meeting you will be provided with a resolution to vote to approve the variance. The Mayor declared this variance request tabled until the December 17th meeting 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 8:00 p.m. 8