City Council

February 25, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 25th day of February, 2014, 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 City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES Rev. Valerie Gittings of the First Baptist Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Weber. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the regular meeting held on February 11, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Warner moved to approve the minutes as submitted. Councilmember Seifrit seconded the motion. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PUBLIC HEARINGS IN RE: AN ORDINANCE AMENDING AND SUPPLEMENTING PART FIVE GENERAL OFFENSES CODE, ARTICLE 517 INDECENCY AND OBSCENITY, SECTION 517.07 OBSCENE OR HARASSING TELEPHONE CALLS OF THE FAIRMONT CITY CODE TO PROVIDE FOR AND INCLUDE A PROHIBITION AGAINST OBSCENE, ANONYMOUS, HARASSING AND THREATENING COMMUNICATIONS BY COMPUTER AND ELECTRONIC COMMUNICATION DEVICES; DEFINITIONS; PENALTY Pursuant to a notice duly published in the Times-West Virginian on February 17, 2014, a public hearing was convened to obtain citizen input on an ordinance to amend Article 517 regarding Indecency and Obscenity and to provide for and include a prohibition against harassing and threatening communications. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Rogers explained that this ordinance is actually just taking provisions that are in the WV State Code currently and adopting those into our Municipal Code. He said that they are items that our officers currently enforce but any enforcement action will run through the Magistrate Court system and once they are put in our Municipal Code, it would allow us to bring those issues before the Municipal Judge. He noted that it was not new legislation that we are creating; we are merely taking items from the State Code and moving them into the Municipal Code. There being no one else to speak, the public hearing was called to a close at 7:08 p.m. ANNOUNCEMENTS IN RE: GWYNN TIRE BUILDING Councilmember Smith wanted to show appreciation to Gwynn Tire for the new front on their building. He noted that it looks nice and is a great improvement to Fairmont Avenue. Councilmember Blosser also mentioned the building façade on the Gwynn Tire building. He said that the work they are doing on that building is very much needed and now he would like to see the State pave Fairmont Avenue. 2 IN RE: UNITED WAY Councilmember Burdick reported that he attended the annual meeting of the United Way. IN RE: THE GATHERINGS Councilmember Burdick said at The Gatherings, there was a meeting about river towns and what possible benefits they have and how it will benefit us since we do have a development on the river. IN RE: STREET LIGHT OUTAGES Councilmember Burdick reported that there are four streets lights out on Locust Avenue after Fay Street. IN RE: SENATE BILL – NON-DISCRIMINATION ACT Councilmember Blosser said that he would urge anyone that has the opportunity to make a phone call to their House member or anybody else and let them know to support the Senate Bill regarding the Employment Housing and Non-Discrimination Act. He said that WV needs to keep our graduates from college in this community and he thought everybody should stand for the end of discrimination based on their sexual orientation and nobody should be allowed to be fired in this State because of that. He then encouraged the House to pass that bill. IN RE: NAMING OF BALLFIELDS AT WINDMILL PARK Councilmember Gribben recommended that City Council pass a resolution to rename the two ball fields at Windmill Park after Robert Allen and Frank Hines. CITIZENS PETITIONS IN RE: BAD BUILDINGS LUKE ELSER, Project Manager, with the Northern West Virginia Brownfields Assistance Center addressed Council regarding the BAD Buildings. He stated that Fairmont is one of eight communities awarded a $10,000 technical 3 assistance grant by the Northern West Virginia Brownfields Assistance Center. He said that the grants are a part of the Center’s Brownfields, Abandoned & Dilapidated (BAD) buildings program and will provide Fairmont city employees and community members with the tools to develop a comprehensive survey and plan to deal with BAD buildings. CITY MANAGER’S REPORT IN RE: BAD BUILDINGS Mr. Rogers thanked Luke Elser and the Brownfields Grant Center for selecting Fairmont for this project. IN RE: SENATE AND HOUSE BILLS DISCUSSED The City Manager discussed various Senate Bills and House Bills that were discussed at the WV Municipal League Conference last week. IN RE: 4TH STREET BRIDGE Mr. Rogers stated that he met with representatives in Charleston from the DOH regarding the 4th Street Bridge. He reported that it appears that we are in no different position this year than we were last year. He said that the DOH is awaiting permission from Federal Highway authorities to begin acquisition and right of ways. He went on to say that we are probably about two to three years out from seeing a completed 4th Street Bridge. He said that he told the DOH that is not acceptable to our community in terms of the condition of that bridge. He then stated that he will be working with the Public Works Director and looking at some recommendations that he may have of how we address that particularly the short run. He said that he also discussed with the Highway Department about reversing the scope of work for the 4th Street Bridge and actually began the discussion of moving the demolition of the bridge to the forefront rather than at the tail end of the project. IN RE: CITY STREETS Mr. Rogers commended the Public Works Department and the Utility personnel for their work out in the cold during these continuing snow storms that we seem to have. 4 IN RE: DEMOLITION OF CLEVELAND AVENUE BUILDINGS Mr. Rogers said that the notice to proceed for the demolition of 811, 813, and 819 Cleveland Avenue has been provided to Reclaim Company yesterday and they will have 30 days to remove those structures. IN RE: FAIRMONT 101 Mr. Rogers reported that planning is underway for the 2nd year of the Fairmont 101. He said that a formal announcement will be made next week. He mentioned that classes will begin in April for those that are interested. IN RE: SPADAFORE BUILDING Councilmember Smith asked about the status of the demolition of the Spadafore Building on Fairmont Avenue. Mr. Rogers replied that was a private ownership and there were issues there that dealt with the accident that happened. He noted that he will get an update for Council in the Weekly Report. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE AMENDING AND SUPPLEMENTING PART FIVE GENERAL OFFENSES CODE, ARTICLE 517 INDECENCY AND OBSCENITY, SECTION 517.07 OBSCENE OR HARASSING TELEPHONE CALLS OF THE FAIRMONT CITY CODE TO PROVIDE FOR AND INCLUDE A PROHIBITION AGAINST OBSCENE, ANONYMOUS, HARASSING AND THREATENING COMMUNICATIONS BY COMPUTER AND ELECTRONIC COMMUNICATION DEVICES; DEFINITIONS; PENALTY Mayor Straight entertained a motion for the adoption of an ordinance to amend Article 517 regarding Indecency and Obscenity and to provide for and include a prohibition against harassing and threatening communications. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Blosser. Roll call was taken by the Clerk. 5 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1612 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 March 11, 2014 regarding an ordinance to provide for a General Fund Budget Revision. Motion: Councilmember Garcia 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 March 11, 2014 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for March 11, 2014 regarding an ordinance to approve replacement pages to the Fairmont City Code. Motion: Councilmember Seifrit 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 March 11, 2014 by voice vote of Council. 6 IN RE: ADOPTION, A RESOLUTION PROVIDING FOR AUTHORIZATION TO FILE AN APPLICATION AND ENTER INTO AN AGREEMENT WITH THE WEST VIRGINIA EMERGENCY SOLUTIONS GRANTS PROGRAM (HOPE, INC.) Mayor Straight entertained a motion for the adoption of a resolution authorizing the filing of grant application for Hope, Inc. 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 Blosser. 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: ADOPTION, A RESOLUTION PROVIDING FOR AUTHORIZATION TO FILE AN APPLICATION AND ENTER INTO AN AGREEMENT WITH THE WEST VIRGINIA EMERGENCY SOLUTIONS GRANTS PROGRAM (SCOTT PLACE SHELTER) Mayor Straight entertained a motion for the adoption of a resolution authorizing the filing of grant application for Scott Place Shelter. 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. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: 7 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 7:49 p.m. 8