City Council

March 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 March, 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 IN RE: OPENING CEREMONIES Rev. D.D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the regular meeting held on March 11, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Blosser 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 There were no public hearings scheduled for this meeting. ANNOUNCEMENTS IN RE: JAKE BRAKES ON GATEWAY CONNECTOR Councilmember Warner stated that he noticed there was another citizen with an issue with the jake brakes on the Connector. He noted that it was an ongoing thing that he has observed as well. He then asked the City Manager what we were doing continuously to enforce our noise laws. He mentioned that he realizes we cannot enforce jake brakes but we can enforce those that have been altered to make noise and he would like to look into that again or get whatever activities we have in trying to correct that problem. He then said that we need to get back into action regarding the jake brakes. Mayor Straight asked Councilmember Warner if he read the City Manager’s Weekly Report on jake brakes. Councilmember Warner said that he where he got the idea. Mr. Rogers replied that he and the Police Chief discussed this with Mr. Rundle in a very positive manner. He stated that it was a re-focus issue for the Police Department and the department will be looking at more motor vehicle violations, moving violations, speeding, and running stop signs. He noted that was an issue that they are aware of and they know that they need to address it. He went on to say that Chief Moran’s take on the engine brakes is looking at it that enforcement of speed along the Connector is a way to really reduce that excessive use of the engine brake and that is going to be the focus of the Police Department in taking a look at it from that standpoint. He noted that it was better that they can enforce the speed and that will result in the reduction in the use of the engine brake. IN RE: GATEWAY CONNECTOR Councilmember Gribben said the Downtown Connector is our number one asset here in Fairmont and is something that we need to be proud of. He mentioned that he was glad to see that the lights are being attended to and was glad to see that this issue with the industrial trucks are being attended to as well. He noted that it can make a big difference and we want to make it shine all of the time. 2 Councilmember Blosser also touched on the lights along the Connector. He said that it has been nice to see that when it has not been our issue, our department has taken upon itself to go out there and try to correct the problem and fix what is a very, very tangled web of different problems along the Connector and he really appreciates the work that our guys have done to correct that issue. IN RE: FLAGS ON BRIDGE Councilmember Seifrit mentioned that the new flags on the bridge look fantastic. IN RE: VOLUNTEERED WITH UNITED WAY Councilmember Burdick mentioned that he volunteered in the United Way fundraiser “Soup for Bowls”. IN RE: PIERPONT VETERANS EDUCATION RACE Councilmember Burdick announced that Thursday is the Pierpont Veterans Education Race. IN RE: ENTREPRENEUR CAFÉ Councilmember Burdick said he attended the Entrepreneur Café and Small Business Summit today. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: GATEWAY CONNECTOR Mr. Rogers thanked those who have called in and made comments about our personnel working on the Gateway Connector. He noted that they have put a lot of time in and done an incredible job of figuring out some of the issues that they have there. He said that an additional 35 or 40 lights are now on because of their work. IN RE: ENTREPRENEUR CAFÉ Mr. Rogers said that he had an opportunity to speak to the group that was 3 assembled at the Entrepreneur Café. He said they have seven individuals making a pitch and he encouraged them to move forward with their plans and to locate their businesses in Fairmont. He said that it is surprising that when you talk with them and you see the passion that they have for starting their own business, you talk to them about sales tax, B&O Tax and things like that but that is not really what they want and here to talk about. He said that they want to talk about does the community want me to be here and is there an environment for me to be here. He said that he thought Veterans Plaza was a unique setting for that when you take a 360° spin around that building including it. He went on to say that you have the State Office Building, the riverfront project, and you have all of those things that are starting to happen and then you look up and have the Gateway Connector and what it says is that we needs goods and services in our downtown. IN RE: NEW POLICE OFFICERS The City Manager reported that three new officers where hired effective March 24th. He noted that the list has now been exhausted and we will be issuing another test for that position. He explained that we have had a turnover in our Police Department not only with our probationary and patrol officers but in our ranks from Sergeant to Lieutenant as well. IN RE: MAKE IT SHINE CLEAN UP Mr. Rogers announced that our 3rd annual Make It Shine Clean Up that is sponsored by our employees is going to be Thursday, April 10 th and will focus in the Coal Run area. IN RE: RETAINING WALL AT PUBLIC SAFETY BUILDING The Manager reported that we have started to prepare for the construction project at the Public Safety Building with the retaining wall along the front of the building. He said that Public Works is looking to get that done as they head into spring paving. IN RE: SPRING PAVING Mr. Rogers mentioned that for the spring paving, the list has been approved by our Utility Department. He noted that we have some work to do in the stormwater area and some ditching that needs to be done and some storm grates that need to be replaced. 4  CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A AUTHORIZING THE CITY OF FAIRMONT TO SUBMIT A WRITTEN HOME RULE PLAN TO THE MUNICIPAL HOME RULE BOARD IN ORDER TO PERMIT THE CITY OF FAIRMONT’S PARTICIPATION IN THE MUNICIPAL HOME RULE PILOT PROGRAM Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the second reading for April 8, 2014 regarding an ordinance authorizing the City of Fairmont to submit a written Home Rule Plan to the Municipal Home Rule Board in order to permit the City of Fairmont’s participation in the Municipal Home Rule Pilot Program. Motion: Councilmember Warner 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 second reading set for April 8, 2014 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION PROCLAIMING APRIL 2014 AS FAIR HOUSING MONTH IN THE CITY OF FAIRMONT Mayor Straight entertained a motion for the adoption of a resolution proclaiming April 2014 as Fair Housing Month in the City of Fairmont. Motion: Councilmember Blosser 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 Seifrit. The Clerk read the proposed resolution by synopsis for the first time. 5 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGULAR COUNCIL MEETING OF MAY 13, 2014 TO MAY 14, 2014 Mayor Straight entertained a motion for the adoption of a resolution to reschedule the May 13, 2014 City Council meeting to May 14, 2014 due to May 13th being the Primary Election and Council’s Rules of Order say that we cannot meet on a legal holiday. Motion: Councilmember Blosser 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 Seifrit. 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: ONE APPOINTMENT, FAIRMONT AIRPORT AUTHORITY, UNEXPIRED TERM TO END OCTOBER 1, 2016 Mayor Straight entertained a motion for one appointment to the Fairmont Airport Authority for an unexpired term to end October 31, 2016. Motion: Councilmember Warner moved to appoint Ronnie Harsh to the Fairmont Airport Authority for an unexpired term to end October 31, 2016. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk. The Mayor declared Ronnie Harsh appointed to the Fairmont Airport Authority for an unexpired term to end October 31, 2016 by unanimous vote of Council. 6 IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Straight moved that Council adjourn to Executive Session under WV Code Section §6-9A-4 under Item #2 under 2.11 of the City Charter. The motion was seconded by Councilmember Seifrit. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:25 p.m. IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 8:00 p.m. 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 8:01 p.m. 7