City Council

August 12, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 12th day of August, 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 Frank G. Yann 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 Vacant 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. Wesley Dobbs 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 Special Meeting held on July 22, 2014 and the minutes from the Regular Meeting held on July 22, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Warner moved to approve both sets of minutes as submitted. The motion was seconded by Councilmember Seifrit. 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: CUSTOMER SERVICE CENTER Councilmember Weber noted that he paid his water bill at the new location on Merchant Street and that is the smoothest bill that he has to pay in the City of Fairmont. He then congratulated everyone that had something to do with the new center. Councilmember Warner mentioned that he used the drive-thru as well and he liked it. Councilmember Burdick said that they paid their church water bill at the new location and it went fast and quick and the employee was also friendly. IN RE: CANDIDATES FOR CITY ELECTION Councilmember Seifrit stated that she was a little disappointed with the turnout for people that are running for City Council because she did not recognize any of the names that complain a lot about us in the newspaper and come to Council meetings and complain but none of them are running to help with the problems. IN RE: NEW CONSIGNMENT SHOP Councilmember Burdick reported that a new consignment shop opened on Market Street. IN RE: BELLVIEW PARK Councilmember Burdick announced that Bellview Park is taking shape. He noted that some of the equipment was assembled and it will be a nice park once it’s all done. IN RE: POLICE OFFICER STEVE SHINE Mayor Straight asked everyone to keep Police Officer Steve Shine in our prayers. He noted that Officer Shine was injured in a motorcycle accident in July and has a long road for recovery. 2  CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: CUSTOMER SERVICE CENTER Mr. Rogers reported that things continue to go well at the Customer Service Center. He said that they are averaging around 400 to 550 customers per week. He noted that the drive-thru and the payment window has greatly made the turnover go. He then stated that on behalf of the Utility Manager, we thank Council and the Water Board and Sewer Board for that decision as it has made our customers lives a little easier and has reduced the congestion at the J. Harper Meredith Building. IN RE: BELLVIEW PARK The Manager commended Mark Miller in the Planning Department for his efforts in getting the equipment at Bellview Park. IN RE: CHAMBER OF COMMERCE DINNER Mr. Rogers reminded everyone of the Chamber of Commerce dinner on August 13th at Fairmont State University. IN RE: WEST VIRGINIA MUNICIPAL LEAGUE CONFERENCE The Manager then reminded Council of the WVML Conference in Bridgeport August 13th to 15th. IN RE: FALL PAVING SCHEDULE Mr. Rogers reported that he is still waiting to receive the final list from the Utility Department. He said that we are looking at the last week in August or first week of September to begin the fall paving project. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF AN UNOPENED PORTION OF THE RIGHT OF WAY OF 12 TH STREET, IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST 3 VIRGINIA, AND BEING THAT CERTAIN PORTION OF THE RIGHT OF WAY OF 12TH STREET LYING EAST OF THE TERMINUS OF THE OPEN PORTION OF 12TH STREET, BETWEEN THOSE CERTAIN PARCELS OF REAL ESTATE IDENTIFIED AS PARCELS NO. 74 AND 74.4 OF MARION COUNTY TAX MAP 03-07 WHICH SAID PARCELS ARE OWNED BY JUDSON AND BLODWYN DOERFLER; RESERVING ALL UTILITY RIGHTS Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for August 27, 2014 regarding the vacation and abandonment of an unopened right-of-way of 12th Street between Parcel No. 74 and 74.4 of Tax Map 03-07 owned by Judson and Blodwyn Doerfler. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Weber seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 27, 2014 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF PORTIONS OF UNOPENED ALLEY WAY, IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, AND BEING THAT CERTAIN PORTION OF RIGHT OF WAY WITHIN AN UNAMED ALLEY LYING BETWEEN HAMPTON ROAD AND CELIA STREET AND BETWEEN PARCELS 47.1 THROUGH 49 AND 87 THROUGH 94 OF SAID TAX MAP 03- 32.; RESERVING ALL UTILITY RIGHTS, INCLUDING AN EASEMENT AT LEAST 20’ FEET IN WIDTH FOR DOMINION HOPE, INC., FOR THE OPERATION, MAINTENANCE AND REPLACEMENT OF AN EXISTING GAS PIPELINE Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for August 27, 2014 regarding the vacation and abandonment of an unopened alley way between Hampton Road and Celia Street. Motion: 4 Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Weber seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 27, 2014 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR THE CITY’S CONSENT AND APPROVAL FOR THE TRANSFER OF THE TELEVISION CABLE SYSTEM FRANCHISE WITHIN THE CITY OF FAIRMONT CURRENTLY HELD BY TIME WARNER CABLE, LLC, D/B/A/ TIME WARNER CABLE, AS EVIDENCED BY THAT CERTAIN FRANCHISE AGREEMENT DATED MAY 10, 2012, PURSUANT TO THE COMCAST/CHARTER TRANSACTION AGREEMENT, WHEREBY THE FRANCHISE WILL BE HELD BY CTW EXCHANGE VII, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A WHOLLY OWNED SUBSIDIARY OF CHARTER COMMUNICATIONS, INC. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 9, 2014 regarding an ordinance providing for the City’s consent and approval for the transfer of the Time Warner Cable franchise to Comcast/Charter Cable. 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. Discussion: Councilmember Burdick asked if the Federal Trade Commission approved this merger. Mayor Straight replied no, not yet. Councilmember Weber stated that he has been opposed to this agreement since the inception of it and he understands they have already paid their money and we are basically waiting for the Federal Government to decide what to do with the FCC. He went on to say that this will be a conglomerate 5 if Time Warner Cable goes in with Comcast and then there will be no more competition for the cable in our area. He noted that business survives on competition and this would preclude anybody else from doing this. Councilmember Weber then mentioned that these Delaware Limited Liability Companies pay no taxes in West Virginia and that is why they go to Delaware so they can basically evade taxes. Councilmember Weber then stated that we don’t have to do anything that we don’t want to do as citizens of the City of Fairmont. He said that if we don’t like something and we think it is wrong, then we change how we do things to make it so we can be fair and equitable to all of the citizens. Mayor Straight said that you don’t have to agree with it but with it being in the Federal Government and if you are opposed to it and have any comments that you need to express to some of our leadership then maybe that would be the point to give them a call. Councilmember Yann asked if this system was going to Charter rather than to Comcast. Mr. Rogers replied yes. Councilmember Yann noted that he was in an area where Charter just took over for Comcast and it was a mess. Mr. Rogers replied that this isn’t something that the City of Fairmont negotiated and he wanted to make sure that Council and the public understands that. He said that we don’t have the ability to negotiate that. He said that it is our understanding that Charter is part of this because of the merger with Comcast and Time Warner and that takes the share of Comcast market above and beyond the allowed percentage that they are able to hold of the market share. He went on to say that the subsidiaries have been created that allows them to move some of their franchise rates to these. Mr. Rogers then said that this is a non-exclusive franchise agreement meaning that it doesn’t mean that Charter is the only person that has the right to be here to provide cable television services in Fairmont but under most circumstances it will mean that Charter is now the owner of what poles they may have or what lines they may have or what equipment may be there and all of the communication that it takes to provide cable television services to the residents of Fairmont. He then said that another vendor would have to determine that it is worth the capital investment for them to come into Fairmont and either purchase that from Charter or obtain the rights of way and be able to put up their own equipment to provide television services in Fairmont. He then said that it becomes a number and 6 if there are 13,000 households in Fairmont that receive Charter at a rate that they may seem reasonable and stay there and if company “X” comes in and they are going to have to expend $30 million dollars or whatever and run fiber throughout the town, then obviously they are going to need to know will they be able to make that money back on that investment. He then said that puts us at a very precarious situation. He told Council, at this point, not agreeing to the franchise agreement would probably only void us of the franchise fee that the City would receive. He said that he would not know if it would have a final bearing on any decision from the FCC. Mr. Sansalone said that through the fiscal year that ended June 30, 2014, the City of Fairmont received $249,964.30 and last year in fiscal year 2013, we received $259,335.32. Councilmember Yann then asked if the City would have any leverage if we would get Charter and the citizens would see the poor service that he saw in the area that he was in. Mr. Sansalone said the franchise agreement does not relate to content except for the PEG Access channels. He added that we don’t have any right under the franchise agreement to regulate the content or the service; it just gives them the authority to string their lines through the City of Fairmont. Councilmember Yann said that the citizens would have to go directly through them. Mr. Sansalone replied that was correct. He added that we don’t regulate the service or the content; it is just to allow it to occur. He then noted that there are consequences to speaking your mind. Councilmember Burdick urged Council to move this to a Public Hearing. The Mayor declared the public hearing set for September 9, 2014 by voice vote of the majority of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT/MORGANTOWN HOUSING AUTHORITY, FIVE-YEAR TERM TO END JUNE 30, 2019 Mayor Straight entertained a motion for one re-appointment to the Fairmont/Morgantown Housing Authority for a five-year term to end June 30, 2019. Motion: 7 Councilmember Warner moved to re-appoint Marcella Yaremchuk to the Fairmont/Morgantown Housing Authority for a five-year term to end June 30, 2019. The motion was seconded by Councilmember Burdick. Roll call was taken by the Clerk. The Mayor declared Marcella Yaremchuk re-appointed to the Fairmont/Morgantown Housing Authority for a five-year term to end June 30, 2019 by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Councilmember Seifrit stated that she would like our prayers to go to Roger Curry. She noted that she was looking forward to working with him and hopes that he gets well soon. 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 7:28 p.m. He noted that an appointment to the 7th District vacancy will be made when the meeting is reconvened. IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 7:38 p.m. IN RE: APPOINTMENT, 7TH DISTRICT COUNCILMEMBER, TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ROGER CURRY, TERM TO END AS SOON AS THE CANVASS IS COMPLETED FOR THE NOVEMBER 4, 2014 MUNICIPAL ELECTION Mayor Straight entertained a motion for an appointment to fill the 7th District Councilmember vacancy for an unexpired term to end after the canvass is completed after the November 4, 2014 Municipal Election. Motion: Councilmember Weber moved to appoint James B. “Jamie” Greene, III to fill the 7th District Councilmember vacancy. The motion was seconded by Councilmember Seifrit. Roll call was taken by the Clerk and the following votes were recorded: 8 Councilmember Smith Yes Councilmember Yann Abstain Councilmember Seifrit Yes Councilmember Gribben Abstain Councilmember Burdick Yes Councilmember Weber Yes Councilmember Warner Yes Mayor Straight Yes The Mayor declared Jamie Greene appointed to fill the 7th District Councilmember vacancy for an unexpired term to end after the canvass is completed after the November 4, 2014 Municipal Election by majority vote of Council. Mayor Straight noted that Mr. Greene will take his Oath of Office at the beginning of the August 27th regular meeting. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Smith moved to adjourn the meeting. The motion was seconded by Councilmember Weber. The Mayor declared the meeting adjourned by voice vote of Council at 7:40 p.m. 9