City Council

April 8, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 8th day of April, 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 Finance Director Eileen Layman IN RE: OPENING CEREMONIES Rev. Jonathan Smith of Highland Avenue United Methodist Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Smith. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Special Meeting and Regular Meeting held on March 25, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Warner moved to approve the minutes as submitted for the Special Meeting of March 25th. Councilmember Weber seconded the motion. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. Councilmember Blosser moved to approve the minutes as submitted for the Regular Meeting of March 25th. The motion was made by Councilmember Warner. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. ANNOUNCEMENTS IN RE: RESIGNATION AS COUNCILMEMBER OF 2ND DISTRICT Councilmember Blosser announced his resignation as Councilmember of the 2nd District effective April 21, 2014. He said that due to time constraints with his current workload he did not feel that he can be the dedicated and effective leader members of this community deserve to have on Council. He then thanked the City Manager and his staff for the hard work in moving this City forward. He also thanked Fairmont for the time they have allowed him to serve as a Councilmember and representing the City is one of his greatest honors and he will never forget the people that he met along the way and what it means to be a leader. All of the Councilmembers thanked Councilmember Blosser for his dedicated service and wished him the best of luck in the future. IN RE: SMALL CITIES BLOCK GRANT PUBLIC HEARING Councilmember Gribben reported that there is going to be another meeting on Wednesday at 5:00 p.m. relevant to a Small Cities Block Grant request which is jointly made by the City and the Partnership and is relevant to the plans that they have in place. IN RE: PUBLIC WORKS COMMENDED Councilmember Burdick stated that Public Works has been out in the Bellview area cleaning the streets and sidewalks. He mentioned that three days after they cleaned the area someone already dropped litter by Miller 2 School. IN RE: BLIGHTED AREAS Councilmember Burdick noted that Cleveland Avenue was started in the right direction and then asked if some of the blighted properties in the northern gateway could be looked at. IN RE: ELIMINATE TRUCK ROUTE IN DOWNTOWN Councilmember Burdick stated that Main Street Fairmont has asked him mention about eliminating truck traffic in downtown on Adams Street. He said that with the new State Office Complex, pedestrian traffic, and Pierpont College, it is going to be highly congested. He asked if this process could be started with the State as far as keeping the trucks off Adams Street and in the downtown. IN RE: PASSING OF THE RIFLE Councilmember Garcia reported that this Friday he has an invitation to attend the passing of the rifle to his nephew, Michael, the new WVU Mountaineer mascot. He noted that there will be a ceremony at the Alumni Center which is open to the public on Friday at 7:00 p.m. Councilmember Weber mentioned that Marion County has had three individuals to serve as the WVU Mountaineer mascot: Natalie Tennant, Dr. Moore, and now Michael Garcia. IN RE: UNITED STATES CONSTITUTION Councilmember Weber passed out a copy of the United States Constitution to each Councilmember for their keeping. IN RE: WALL AT VETERANS PLAZA Councilmember Warner reported a very serious crack in the Veterans Plaza wall, street side, along Madison Street. He said that he hoped that there is something being done to get it straightened up. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT 3 IN RE: COUNCILMEMBER BLOSSER Mr. Rogers also thanked Councilmember Blosser for his service and wished him well. He noted that he has served his district in the City very well and will be missed. Mr. Rogers then talked about the process of Councilmember Blosser’s replacement. He explained that with his resignation being effective April 21, 2014, the City Clerk will begin the process of advertising to take letters of interest and/or resumes from qualified individuals within the 2nd District. He said that letters and/or resumes will proceed from April 22nd until noon on May 9th. He went on to say that Council will hold a Special Meeting at 5:00 p.m. on Wednesday, May 14th for the purpose to adjourn to Executive Session where Council may conduct interviews with those candidates, then reconvene the Special Meeting and at that time it will be presented to Council, by majority vote, to appoint someone to fill the position. He then stated at the regular meeting of Council that evening, that individual will take their Oath of Office and be seated. He explained that individual will fill the term until December 31, 2014 and then the 2nd District seat will also be up for election to fill the unexpired term of Councilmember Blosser. He said that was the process and timeline to follow. He mentioned again that with his resignation not effective until April 21st, the Clerk will not begin accepting applications until April 22nd. IN RE: POLICE DEPARTMENT MATTERS Mr. Rogers wanted to mention a couple tragedies that have occurred in the community in the last couple of weeks. He said that we had an unfortunate accident on Fairmont Avenue that resulted in the death of a young man that was hit by a car. He said that he wanted to commend Lt. Steve Shine, Officer Brian Lemley, and Officer Matt Lewis for the work that they put in to make an arrest in that case. He stated that too often hit and run accidents go unsolved and it really results in a family’s inability for closure and their ability to understand what happened. He noted that these three gentlemen really went above and beyond to make sure that they could work diligently and swiftly to bring that matter to a close and it resulted in a confession and obviously some type of closure for the family knowing what happened to their loved one. Mr. Rogers said the second incident occurred last week on East Park Avenue and, again, unfortunately resulted in the death of an individual in the Marion County community. He stated that part of what he wanted to talk about was 4 the individual that, at this time, appears to have caused the accident was parked left of curb on East Park Avenue. He explained that they pulled out left of curb and struck the individual head-on that resulted in this individual’s death. He went on to say that the officers that responded said that is why we wrote these tickets, it is dangerous for people to park left of curb. He mentioned that we caught a lot of flack as members of Council, as staff, and the Police Department for writing those tickets but in writing those tickets we, unfortunately, were seeing with what happened on East Park Avenue of how dangerous that illegal parking can be and again resulted in a death. He said that he wanted people in the community to understand that our police officers are out there working very diligently to protect our citizens and writing those tickets does mean something. IN RE: STREET MAINTENANCE CHARGE The City Manager went over the Street Maintenance Charge collection report for the past quarter. IN RE: STREET PAVING PROGRAM The Manager stated that we are gearing up for spring paving. He noted that we received our estimate today and are still waiting for one last gas company to give us their blessing on the list but the estimate for the spring paving looks to be about $730,000 so it will be a pretty heavy tonnage area. He noted that the list will be sent out to Council this week and to the media next week with the projection to be mid-May to begin the paving. IN RE: FAIRMONT 101 PROGRAM Mr. Rogers announced that the Fairmont 101 program will begin on April 24th. He noted that there are just a few openings left. IN RE: MARGARET COURT Councilmember Warner requested another push to get the infrastructure in order on Margaret Court so that can be put on the paving list. He noted that this street serves two businesses in an area where it is damaged the most and he thought it would be a great asset to have that street paved since it is in deplorable condition. Mr. Rogers replied that he thought the Public Works Director told him today that Margaret Court is on the list for the spring of 2015. IN RE: LOCUST AVENUE PROJECT 5 Councilmember Weber asked the City Manager for an update on the Locust Avenue project. Mr. Rogers stated that he spoke with representatives from Frontier Communications and they are working with their contractor to get the last of their fiber optics moved over to the poles that were set by First Energy and once they are out of the way Mountaineer Grading will begin the project. He noted that they have extended the timeframe because they are not going to begin the 120 day construction period until Mountaineer actually begins. CONSIDERATION OF COUNCIL BUSINESS IN RE: SECOND READING, 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 second reading of this ordinance and to set the public hearing for April 22, 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 Seifrit moved for the second reading 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 second time. The Mayor declared the second reading held and the public hearing set for April 22, 2014 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AUTHORIZING THE RENEWAL OF THAT CERTAIN LETTER OF CREDIT, NO 2001-525, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF- INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT 6 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for April 22, 2014 regarding an ordinance to renew the Letter of Credit issued by Wesbanco Bank for Workers Compensation. Motion: Councilmember Garcia 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 April 22, 2014 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE PURCHASE OF ALL OF THAT CERTAIN LOT OR PARCEL OF REAL ESTATE, TOGETHER WITH THE IMPROVEMENTS THEREON, KNOWN AS 211 GUFFEY STREET, FROM DW PROPERTY, INC., AND MORE PARTICULARLY DESCRIBED AS PT LT 141 GUFFEY STREET, AND BEING PARCEL 66 OF MARION COUNTY TAX MAP 07 IN UNION CITY DISTRICT, FAIRMONT, MARION COUNTY, WEST VIRGINIA Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for April 22, 2014 regarding an ordinance to purchase 211 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 Blosser seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for April 22, 2014 by voice vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT AIRPORT AUTHORITY, UNEXPIRED TERM TO END OCTOBER 1, 2016 7 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 Garrett DeVault to the Fairmont Airport Authority for an unexpired term to end October 31, 2016. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Blosser Abstain Councilmember Weber Yes Councilmember Warner Yes Councilmember Seifrit Yes Councilmember Gribben Yes Councilmember Burdick Yes Councilmember Smith Yes Councilmember Garcia Yes Mayor Straight Yes The Mayor declared Garrett DeVault appointed to the Fairmont Airport Authority for an unexpired term to end October 31, 2016 by majority 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 7:33 p.m. 8