City Council

August 27, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th 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. IN RE: OATH OF OFFICE – JAMES B. GREENE, III – 7TH DISTRICT COUNCILMEMBER The City Clerk issued the Oath of Office to the newly appointed Councilmember, James B. “Jamie” Greene, III, to serve the unexpired term of Councilmember of the 7th District until the canvass is completed after the November 4, 2014 Municipal Election. Congratulations were extended to Councilmember Greene. 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 James B. (Jamie) Greene 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 Police Chief Kelley Moran Marketing Director Hanna Weaver IN RE: OPENING CEREMONIES Father Robert Perriello gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Burdick. 1  APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on August 12, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Weber corrected the minutes to reflect that it was Councilmember Warner that had made the motion to appoint Marcella Yaremchuk to the Fairmont/Morgantown Housing Authority rather than himself. Councilmember Smith moved to approve the minutes as corrected. The motion was seconded by Councilmember Weber. The Mayor declared the minutes approved as corrected by voice vote of Council. PUBLIC HEARINGS IN RE: 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 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 Pursuant to a notice duly published in the Times-West Virginian on August 18, 2014, a public hearing was convened to obtain citizen input on an ordinance providing for the abandonment of an unopened right of way of 12th Street which parcels are owned by Judson and Blodwyn Doerfler. The Mayor asked if anyone present desired to speak to the proposed ordinance. KATHY WYROSDICK, City Planner, spoke in favor of the proposed abandonment. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. 2 IN RE: 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 UNNAMED 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 Pursuant to a notice duly published in the Times-West Virginian on August 18, 2014, a public hearing was convened to obtain citizen input on an ordinance providing for the abandonment of an unopened alley way lying between Hampton Road and Celia Street. The Mayor asked if anyone present desired to speak to the proposed ordinance. KATHY WYROSDICK, City Planner, spoke in favor of the proposed abandonment. TIM HADDIX, a Fairmont resident, spoke against the proposed abandonment. He presented a petition to City Council signed by some of the residents in that area who were also against the abandonment. Councilmember Weber asked if the property owner is on record as the owner of the property. Mr. Haddix replied her mother is and it went up for delinquent taxes. Mr. Sansalone, City Attorney, stated that the property is currently titled in the name of Debra Miller and Allan Sawitski. He said that they inherited the property from Marilyn Cutright who passed away on August 7, 2011. He said the lien of the taxes for 2011 was sold to the State; however, under the current statutory scheme of things that does not divest title of the owner; all it does is provide the State with the ability to sell the tax lien and until somebody takes the tax lien or purchases the property or takes the deed from Mr. Sawitski and Ms. Miller, they are not divested of title. He noted that they are still the current title owner even though the taxes are delinquent. Councilmember Warner asked the purpose of the intended abandonment and who is this to benefit. 3 Ms. Wyrosdick explained that Ms. Miller had expressed to her that it is her desire to adjoin the property where the house sits and the back property that is on Celia Street and in order to do that, the abandonment of the right of way would have to be abandoned and to her knowledge the right of way has never been opened and used to access the properties on Celia Street. She noted that is why the Planning Commission is recommending approval of the abandonment. Councilmember Weber noted that we are only talking about the abandonment. Ms. Wyrosdick replied yes. CHELSE SHINE, a resident of 430 Leonard Avenue, also spoke against the proposed abandonment. She said that obvious attempts to circumvent the property codes for a structure that is already out of compliance is her first problem. She noted that there are improper running of utilities and another driveway was created on Celia Street without a permit. She said the abandonment is just a way to get around all of the codes that they have already broken. Councilmember Warner asked if it would be out of line to make a motion to table this for further study. The Mayor replied not at this time; it would have to be brought back up under Consideration. There being no one else to speak, the public hearing was called to a close at 7:18 p.m. ANNOUNCEMENTS IN RE: SIGN AGAINST HOME RULE Councilmember Smith noted that a business on Fairmont Avenue put up a sign against Home Rule and the individual happens to be on the County Commission and they don’t want any more taxes raised but yet our property taxes got raised this time and also the Parks Levy went up yet he is saying that he doesn’t want to raise taxes. He then said that this City take enough beating from some of these organizations and he really thought we should see what the Home Rule comes up with. IN RE: COUNCIL THANKED 4 Councilmember Greene thanked City Council in honoring him with this appointment. He wanted to remind everyone to keep Roger Curry in their thoughts as to why he is sitting at the Council table. IN RE: HOME RULE Councilmember Weber reported that he went to Bridgeport to listen to Fairmont’s Home Rule presentation before the Home Rule Committee. He said that Fairmont staff did a good job in making their presentation. Councilmember Gribben said that he is getting the feeling that a lot of people in the community just don’t know about it. He suggested that there is a need to engage the public in terms of what Home Rule is about. He said that making presentations at separate places without the public is good but somehow we need to reach out to the people to let them know about the plan. He then asked about the sales tax and asked if whatever reduction there is in the B&O Tax, does the sales tax overcome that difference. He then noted that the public needs clarification. Councilmember Yann said that a lot of the concerns he had, the City Manager has been able to explain to him. He then suggested that the City develop a question and answer paper to distribute to the public. Mayor Straight said kudos to the City Manager and staff on their presentation to the Home Rule Board in Bridgeport. He mentioned that the City had the plan on file for weeks for the citizens to come in and look at it and no one came in. He said that there will be a time and place for people to come in and speak. He explained that all of this does is gives the City of Fairmont, if selected, the right to do some of these things without having the burden of the Legislature dictating to us. IN RE: CITY EMPLOYEES COMMENDED Councilmember Warner stated that comments were made on Facebook commending city employees that went out of their way to help problems from a motorist and it was out of their duties at the time, they stepped in and helped out this person and he wanted to commend those employees. He noted that is what our City employees are like and want to thank them for helping out a person in need. IN RE: WINDMILL PARK BALL FIELDS Councilmember Gribben mentioned a project to the City Manager earlier on 5 relative to Frank Hines and Robert Allen. He suggested having signs for them over Windmill Park. IN RE: CITY VEHICLE PURCHASED Councilmember Gribben stated that the City had purchased a truck and the truck was not purchased within the city limits. He noted that we have one organization, Anthony Chevrolet, that did not have an opportunity to make a bid on that vehicle. IN RE: UTILITY CENTER RIBBON CUTTING The Mayor announced that a ribbon cutting was held today for the new Utility Service Center on Merchant Street. CITIZENS PETITIONS IN RE: FLOODING PROBLEMS ON MARYLAND AVENUE DANIEL KUNEFF, 604 Maryland Avenue, addressed Council regarding flooding problems on Maryland Avenue every time it rains hard. He said that the water runs down from the 800 block of Maryland Avenue and rushes down to the 600 block and there is one storm drain that is tied into the sewer system and not into the stormwater system so when it rains hard, that one drain cannot handle the water. He said that it backs up and creates a flood and backs everything from the sewer into the floor drains. IN RE: EAST FAIRMONT MIDDLE SCHOOL ROSEMARY HARRON, 511 Ohio Avenue, addressed Council regarding the construction problems at the new East Fairmont Middle School. She said that the sidewalks are cracked, plants have been taken out, water line breaks have occurred since the construction, and now residents have water in their basements since the school has been constructed. She also reported that Ohio Avenue has not been paved for 25 years and huge potholes are on that street. She also mentioned that the construction of the new school starts at 3:00 a.m. and you hear the trucks and construction throughout the night. Councilmember Yann asked Ms. Harron if she has contacted the Marion County Board of Education. Ms. Harron said that she has not called the Board of Education but when she calls the City of Fairmont she has not received returned calls. 6 Councilmember Yann stated that he had attended the first meeting at the school and a Mr. Cunningham spoke to the group and he did not bring any of this up. He said that he wished Ms. Harron had attended that meeting and brought these problems up at that time. She then said that she pays taxes and she is sick of everything that is going on in that area. IN RE: TRAVEL TRAILER PARKED ON MAPLE AVENUE ANTHONY HORTON, 914 Lewis Street, reported that a homeless person is living in a camping trailer that is parked on Maple Avenue Extension. He said that the trailer has no utilities and raw sewage is on the street. He went on to say that the trailer has been tagged with a tow sticker some time ago but has not been towed away. He suggested that the Code Enforcement people go out and look at the trailer. CITY MANAGER’S REPORT IN RE: MARYLAND AVENUE FLOODING Mr. Rogers said that the City is aware of the issue on Maryland Avenue and this is an issue for the Sanitary Sewer Board that oversees our storm sewers and sanitary sewers. He noted that the Sanitary Board actually meets tomorrow and he will take the pictures and the complaint to that board and get back in touch with Mr. Kuneff. He said that the answer is probably going to be additional drops and that it is all trying to be directed to one place at one time. Mr. Kuneff said that it is not tying into the storm water; it is doing into the sanitary sewer. Mr. Rogers said that he will bring this issue up at the Sanitary Sewer Board meeting tomorrow. IN RE: OHIO AVENUE The City Manager said that Ohio Avenue has had a lot of water leaks for the past six months. He said that when the City works through paving and starts to put the lists together, our Utilities Department have the maps in front of them that they code every water leak that they go on. He then said that after enough leaks, there needs to be a line replacement project and before we pave Ohio Avenue we want to know that we have a line in there that is going to be solid and be able to serve the citizens as long as the street is going to be good. He mentioned that is a project that the Water 7 Board is going to have to undertake and evaluate what is going on with that line. Mr. Rogers then said that we have not done an adequate job in restoring repairs to water lines and water leaks. He said the Utilities Department has another supervisor with just a restoration crew so he is hoping and requesting that the Utility Manager get much more efficient at replacing and repairing some of these issues that we have. Mr. Rogers then said that most of the items that Ms. Harron mentioned are issues with the Board of Education. He said that he will talk to Mr. Price at the Board Office to see what is going on. IN RE: TRAILER ON MAPLE AVENUE EXTENSION Mr. Rogers asked Mr. Horton to let him know when something is going on in his neighborhood. He said that he will find out who tagged the trailer and why it has not been moved. IN RE: PAVING PROJECT The Manager updated Council on the paving project. He noted that the project will begin on September 3rd and plan to pave 10,250 tons with the greatest amount to the East Side. IN RE: HOME RULE The City Manager said that the presentation made in Bridgeport was required under the application process. He said that we did have the Home Rule Plan on display for the requisite days in the plan and held work sessions and public hearings. He noted that there is still confusion that is out there but if the City of Fairmont is accepted into the Home Rule Plan, the four proposals that we put forth are not automatically approved. He mentioned that there is a whole process that takes place after that. He said that regarding Home Rule, these were the ideas that were generated of where we have conflicts with the State Code. He said that if we are brought into Home Rule, the question and answer periods will start along with the additional work sessions. IN RE: FAIRMONT GENERAL HOSPITAL The City Manager announced that approval was done through the Fairmont Building Commission transferring the property to WV Economic Development Authority and the WV EDA has voted to transfer that to Alecto Healthcare Services so that transaction continues to move forward. He noted that we are waiting on the requisite days to have the closing on that. 8 IN RE: CITY VEHICLE PURCHASED Mr. Rogers reported that the vehicle that was purchased, he was aware of that. He said the City acquired the vehicle under the proper purchasing guidelines and was below the State minimum requirement for a bid so three quotes were solicited. He said that we are mindful of our in-town vendors; however, they did not have a product that was equal to what the department was requesting. Councilmember Gribben noted that they were not asked if they had a product. Mr. Rogers said they don’t have a product. He said that the request was for a brand new vehicle of this size and that model is not made by that company and has not been made since . . . Councilmember Gribben stated that they believe they have the equivalent. Mr. Rogers said that it was the difference between a new vehicle and a used vehicle and the request was for a new vehicle. He mentioned again that the proper purchasing procedures were followed. Councilmember Burdick noted that Chevrolet and GMC are not bringing out their small pickup trucks until late December. Mr. Rogers said until 2015 and that was the request and the only thing available was a used vehicle. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF AN UNOPENED PORTION OF THE RIGHT OF WAY OF 12TH STREET, IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST 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 for the adoption of an ordinance providing for the abandonment of an unopened right of way of 12th Street which parcels are owned by Judson and Blodwyn Doerfler 9 Motion: Councilmember Weber moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Smith. 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. 1625 was duly adopted. IN RE: TABLED, 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 for the adoption of an ordinance providing for the abandonment of an unopened alley way lying between Hampton Road and Celia Street. Motion: Councilmember Warner moved that this item be tabled for further discussion. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk. The Mayor declared the ordinance tabled by unanimous vote of Council. Councilmember Weber asked if it was tabled back to the Planning Commission or keep it with City Council. Mayor Straight said that needs to be made in a motion. The City Manager said no, you have you take a vote. The City Attorney said at the next meeting you will have to remove it from 10 the table or it would die. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING THE PROVISIONS OF PART ONE-ADMINISTRATIVE CODE, CHAPTER SEVEN-BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 171 PARKING AUTHORITY, SECTION .08 RATES, THEREOF, TO ESTABLISH A MONTHLY RATE FOR POOL VEHICLES REGISTERED TO THE STATE OF WEST VIRGINIA RELATING TO THE ADAMS STREET PARKING GARAGE 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 to establish a monthly rate for pool vehicles registered to the State of West Virginia relating to the Adams Street Parking Garage. 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 September 9, 2014 by voice vote of the majority of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING ACCEPTANCE OF A RURAL DEVELOPMENT COMMUNITY FACILITIES GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE IN THE AMOUNT OF $13,050.00 FOR THE PARTIAL FUNDING OF THE PURCHASE OF POLICE VEHICLES, AND PROVIDING FOR THE ADOPTION, EXECUTION AND DELIVERY OF ALL NECESSARY AND APPROPRIATE GRANT DOCUMENTS RELATED THERETO Mayor Straight entertained a motion for the adoption of a resolution authorizing the acceptance of a grant for the partial funding of the purchase of police vehicles. Motion: Councilmember Weber 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. 11 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 OF COUNCIL FOR THE CITY OF FAIRMONT MANIFESTING ITS APPROVAL OF THE TRANSACTION BETWEEN THE FAIRMONT BUILDING COMMISSION AND THE WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY WHICH WILL FACILITATE THE CONVEYANCE OF CERTAIN REAL PROPERTY, KNOWN AS FAIRMONT GENERAL HOSPITAL, TOGETHER WITH CERTAIN PERSONAL PROPERTY USED FOR HOSPITAL PURPOSES TO ALECTO HEALTHCARE SERVICES OF FAIRMONT, LLC, AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THAT CERTAIN BUSINESS AND OCCUPATION TAX AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND ALECTO HEALTHCARE SERVICES OF FAIRMONT, LLC. Mayor Straight entertained a motion for the adoption of a resolution manifesting approval for the form and substance of the B&O Tax Agreement by and between the City of Fairmont and Alecto Healthcare Services. 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 Greene. 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: POINT OF CLARIFICATION Mr. Rogers said that point of clarification on the request of reconsideration on the motion. He read from Rule 4.88 of Council’s Rules of Order. He then said that if Council does desire to refer the matter back to the Planning Commission, anyone that voted in the majority to table it may make a motion to reconsider the item and as long as there are enough votes to reconsider it, then you can make a new motion to remand it. 12 City Attorney Sansalone said that someone should make a motion to take it off the table first. IN RE: REMAND TO PLANNING COMMISSION, 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 Councilmember Weber moved to remove Item #2 from the table. The motion was seconded by Councilmember Yann. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Burdick No Councilmember Weber Yes Councilmember Warner No Councilmember Smith Yes Councilmember Yann Yes Councilmember Seifrit Yes Councilmember Greene Yes Mayor Straight Yes Councilmember Gribben Yes The Mayor declared the item removed from the table by majority vote of Council. Motion: Councilmember Weber made a motion to reconsider Item #2 and remand back to the Planning Commission for further discussion with the Planning Commission. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Greene No Councilmember Burdick No Councilmember Weber Yes Councilmember Warner Yes Councilmember Seifrit Yes Councilmember Yann Yes Mayor Straight Yes Councilmember Smith Yes Councilmember Gribben Yes The Mayor declared the item remand back to the Planning Commission by majority vote of Council. 13 IN RE: PROCLAMATION FOR COACH DUVALL Mayor Straight read a proclamation that he will be presenting to Howard S. “Deacon” Duvall on September 4th. Mr. Duvall was a former football coach at Fairmont State University. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Smith moved to adjourn the meeting. The motion was seconded by Councilmember Warner. The Mayor declared the meeting adjourned by voice vote of Council at 8:18 p.m. 14