City Council

September 9, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of September, 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 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 Marketing Director Hanna Weaver IN RE: OPENING CEREMONIES Rev. Larry Buckland of Life United Methodist Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. 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 27, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Warner moved to approve the minutes as submitted. The motion was seconded by Councilmember Smith. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR THE CITY’S CONSENT AND APPROVAL FOR THE TRANSFER OF THE TELEVESION 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. Pursuant to a notice duly published in the Times-West Virginian on August 18, 2014 and August 25, 2014, a public hearing was convened to obtain citizen input on an ordinance providing for the transfer of Time Warner Cable to Comcast/Charter. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:04 p.m. IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on September 1, 2014, a public hearing was convened to obtain citizen input on an ordinance to establish a monthly rate for pool vehicles registered to the State of West Virginia relating to the Adams Street Parking Garage. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:04 p.m. 2  ANNOUNCEMENTS IN RE: STREET SWEEPING Councilmember Yann made a remark to the article that was in the newspaper regarding the sweeping of streets on Speedway and East Park Avenue. He mentioned that street sweeping is being done on those two streets by the City; however, the residents are not quite pleased with what is being done but they understand that people are not moving their cars. He then said that his answer to John Veasey is that they are being done by the City and not by the State. IN RE: HOME RULE Councilmember Seifrit stated that there has been comments made about Home Rule which has not even been decided and we haven’t been accepted but in other towns across the country they are strapped for cash and it is going to happen here because we are going to lose some of the taxes because of the coal, but they have been able to keep a lot of their services up and going just with one cent on the dollar. She explained that we have to be pro-active with this because of the way that it could affect our Fire Department and our Police Department. She then asked do we not want them because that is what it would initially come down to. She then said that she hates to see the County criticize us when they don’t really know what is going on. She then said that we should wait and see what all comes out of this before people start pointing fingers about how bad it is going to be for the City of Fairmont. IN RE: RAYMOND MORGAN Councilmember Burdick noted that the City and the County lost a good friend this week with the passing of Raymond Morgan. The Mayor said that Mr. Morgan will be sadly missed. IN RE: AMR PROJECT Councilmember Burdick said that while he was out running he was able to see the work crews installing the automatic meter readers. IN RE: NEW RIVER BRIDGE Councilmember Burdick reported that he and his wife went to the New River bridge walk which you walk under the New River Bridge. 3  CITIZENS PETITIONS IN RE: CONCERNS AROUND NEW EAST FAIRMONT MIDDLE SCHOOL JERRY CUNNINGHAM, 500 Ohio Avenue addressed Council regarding concerns around the new East Fairmont Middle School. He mentioned the following:  The need for school signs around the school.  Eliminate speeding by the parents around the school.  Streets need to be swept in that area.  Unsafe conditions in the neighborhood.  The need for curbs in the area.  Water lines needs to be repaired.  The need to restore the street once water lines are repaired. IN RE: MAIN STREET REPORT KATE GREENE, Main Street Director, presented Council with Main Street’s monthly progress report. IN RE: UNLAWFUL STRUCTURE ANTHONY HORTON, 914 Lewis Street, addressed Council regarding the unlawful structure on Maple Avenue Extension. He said that nothing has been done to alleviate the problem since he was here at the last meeting. He then asked if Code Enforcement was being done in Jackson Addition. Mr. Horton then mentioned that a garage is falling into the street at the corner of Maple Avenue and Fitzgerald Avenue. He noted that something needs to be done with this structure. IN RE: PREPAREDNESS EXPO GALEN HANSEN addressed Council regarding the Preparedness Expo which will be held on Saturday, September 27th at the Middletown Mall. He noted that the event is sponsored by the Greater Fairmont Council of Churches. He then said that he was going to ask for funding from the City; however, he knew that his request would have to have been included in the current budget funding. CITY MANAGER’S REPORT IN RE: EAST FAIRMONT MIDDLE SCHOOL 4 Mr. Rogers stated that he and Mr. Cunningham both agree that they need help from the community to obey some of the changes around the new school. He said that our Police Department is taking a look at some of changes to be made to some traffic flow and some additional one-way signage and to eliminate some parking in a couple area to lessen some of the congestion. IN RE: UNLAWFUL STRUCTURE IN JACKSON ADDITION The City Manager said that he went out and looked at the trailer and turned in the structure on Fitzgerald Avenue and asked Code Enforcement to follow up on that. He told Mr. Horton that he knows the phone number to City Hall and he can call in to report items in his area. IN RE: PREPAREDNESS EXPO The City Manager said that Council will be able to look at something next year budget-wise for funding this event. He then asked Mr. Hansen to get with the City’s Program Manager and through our various social media we would be happy to promote this Expo and help get the word out about the event. IN RE: LOCUST AVENUE Mr. Rogers reported that the end of last week we had a significant water leak in an 8 inch water line coming off of our 16 inch main that blew out in the early morning hours. He noted that it caused some pretty good damage to the roadway and sidewalk from Gladden Street to Carleton Street. He said that our Public Works Department came in and helped the Field Services Department to form up the sidewalk and now we have prepped the road for paving. He said that as of right now the paving will take place on Friday for that area. IN RE: FALL PAVING PROJECT The Manager said that our fall paving project has been pushed back a little bit. He said they are hoping to begin paving on September 15th. IN RE: HOME RULE Mr. Rogers said that the Home Rule Board announced today that they have completed their final regional meetings and they will be announcing the 16 cities that have been selected for Phase II of the Pilot Program on October 5 6th. He said the first step will be on October 6th to find out whether the City has or has not been approved or selected for the program. IN RE: RESEARCH CENTER The Manager reported that he and Kathy Wyrosdick attended the gathering at the Research Center at the Technology Park to hear remarks from NOAA Administrator Dr. Kathryn Sullivan and Vice Rear Admiral Michael Devany on their plans to expand the agency’s presence in Fairmont. IN RE: PATRIOT DAY CELEBRATION Mr. Rogers reminded Council of the Patriot Day Ceremony that will take place on Thursday, September 11 from 8:00 a.m. to 9:30 a.m. at Veterans Plaza. He noted that this is the time for all of us to honor the First Responders in Marion County. IN RE: SEPTEMBERFEST Mr. Rogers reported that the Main Street Fairmont’s Septemberfest will be held on September 20th from 3:00 p.m. to 10:00 p.m. in downtown Fairmont. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR THE CITY’S CONSENT AND APPROVAL FOR THE TRANSFER OF THE TELEVESION 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 for the adoption of an ordinance providing for the City’s consent and approval for the transfer of Time Warner Cable to Comcast/Charter Communications, Inc. Motion: 6 Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Burdick Yes Councilmember Smith Yes Councilmember Yann Yes Councilmember Seifrit Yes Councilmember Gribben Yes Councilmember Greene Yes Councilmember Weber No Councilmember Warner Yes Mayor Straight Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1626 was duly adopted. IN RE: ADOPTION, 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 for the adoption of 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 Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Greene. Roll call was taken by the Clerk. Discussion: Councilmember Burdick stated that he has a hard time giving a discount to an organization that will not pay any B&O Tax and we have small businesses that are hurting and paying more of a premium rate. He then mentioned that he did not see us lowering the rates to a selected group. He then requested that Council vote down this ordinance. Councilmember Seifrit asked if this was just for State employees. Mr. Rogers replied no, it will be for the State of West Virginia to lease the spaces and it will be for their pool vehicles. 7 Councilmember Seifrit asked how many that would be. Mr. Rogers said that we do not know because as they are finishing out how many individuals they will have inside the building, they are still working through some . . . . (not audible) . . . . He then said that they are looking at trying to determine that but we do believe that it will be somewhere in the neighborhood of approximately 125 to 150. Councilmember Seifrit asked how many parking spaces are in the garage. Mr. Rogers replied 263 spaces. Councilmember Seifrit clarified that is for the State cars and not the employees vehicles. The Manager said that the request that we have been given is for the “pool vehicles” which will be the State-owned vehicles. Mr. Rogers explained that the request came through the Parking Authority and is recommended by the Parking Authority due to the budget that the State is operating under for the project. He went on to say that the current rate is $25.00 per month and there is a discount that is applied under the ordinance if someone prepays for 11 months consecutively then they receive the last month for free and that is set by ordinance right now. He then said that when the State works that out for them for the estimated number of spaces that they will need, it puts them over budget for the project as the project currently stands. He added that there was a discussion at the Parking Authority and a discussion that he had with the State of WV that perhaps in future budgets they will be able to pay an increased rate but for this budget, they came back and said this is the highest the amount that they would go to with the $20.50 per month. The Mayor asked if this would be in effect until they come back or we go back and ask for more. Mr. Rogers said that if this was adopted by Council, it would stay in effect until it was repealed and adopted at another level. Mayor Straight said that you could go back in a year’s time and say that we are going to adopt a new one and this is what we want to bump this to. Mr. Rogers replied yes. He said that you have the ability to do that through the Parking Authority. He said that is their recommendation and Council has the ability to set rates in the parking garage from time to time. 8 Councilmember Seifrit asked Mr. Rogers if he has figured up how much we are going to lose from what the regular price would be for each car over that time period. Mr. Rogers said that we can do that calculation but we can’t be assured that when you say that we would get that at $25.00 because that is over their budget and you can’t be assured that they are going to park those cars there anyway. He then said that where they are going to park those cars, he did not know. Councilmember Gribben said that a lot of the cars will consume the spaces and those will be the State cars. He noted that this will really reduce the number of people that would be able to go in there and park at the standard rate because we are giving those spaces to the State. Mr. Rogers replied yes. He said that we have to speculate on that. He said those individuals that are employed in the building or are coming to the building would go to the garage to park. Councilmember Gribben said that when the place opens up for business those parking spaces will not be available and people are going to have to go someplace else to park. Councilmember Weber asked how many employees they expect to be in that building. The Manager said right now they are still looking at 200. Councilmember Weber said that they are expecting 200 and now we are going to fill up the parking garage with 150 cars which only leaves 100 spaces. Councilmember Greene asked if there is any on-site parking associated with the building project. Mr. Rogers said there is some for additional pool vehicles in the rear and then the front of the building is handicapped in the site plan. Councilmember Smith asked many are parking in the garage now. The Manager said that we have approximately 54 monthly parkers that are reserved for monthly parking. 9 Councilmember Burdick asked if the Parking Authority looked at the ski slope parking lot as far as using that lot for the reduced area. Mr. Rogers replied they did but it only holds 61 spaces. Councilmember Burdick asked if they would be able to provide a shuttle to the Mid-City parking lot. The Manager said that they were not interested in that. Councilmember Gribben said that this would be the office people that are going to work. Mr. Rogers said again that this would be the State’s vehicles. Councilmember Gribben said that he was talking about the employees. He explained that when they come to work, they have a vehicle and they have to park it someplace. Councilmember Weber noted that they are not going to park in the parking garage. Councilmember Gribben said that they are not going to park in the parking because it is going to be taken up by the State vehicles. Councilmember Weber told Councilmember Gribben that there would be 100 spaces left over. Councilmember Gribben said that the people that will be other people that will be doing business in the State Office Building and they need someplace to find parking. He said that it seems to him that this kind of pool of cars could go into a more distant place and make it better for the customers and staff to have access to that parking garage. Mr. Rogers said that the only place that the City had that they could offer is the Mid-City Parking Lot and they rejected that option and asked that we move forward with the Parking Authority with this proposal. He added that it went to the Parking Authority and the Parking Authority recommended this action and that is what was brought before Council. Councilmember Gribben said but that doesn’t make it right. Mr. Rogers said that it was not his duty to tell you whether it is right or wrong but to bring it before Council. 10 Councilmember Gribben said that it is his duty. The Mayor replied that is why we are at this process. Motion: Councilmember Weber made a motion to table this item until we get more information. He noted that this was vague because we are talking about speculative. The motion was seconded by Councilmember Gribben. Councilmember Greene asked for the numbers again. Mr. Rogers replied: 263 spaces are in the garage, approximately 54 are currently rented monthly and somewhere in the neighborhood of 125 to 150 are requested by the State for the pool vehicles. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Yann Yes Councilmember Warner Yes Councilmember Burdick No Councilmember Weber Yes Councilmember Gribben Yes Councilmember Greene No Councilmember Seifrit Yes Councilmember Smith Yes Mayor Straight No The Mayor declared the ordinance tabled by majority vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT, PROVIDING FOR THE REZONING OF THAT CERTAIN TRACT OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, WINFIELD CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, CONSISTING OF 0.1543 ACRES, MORE OR LESS, AND BEING PARCEL NO. 24.3 OF MARION COUNTY, TAX MAP 04-8, SITUATE ALONG AMOS STREET, SAID PARCEL BEING REZONED FROM INDUSTRIAL TO GENERAL RESIDENTIAL; AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 23, 2014 for the rezoning of real estate along Amos Street from Industrial to General Residential. Motion: 11 Councilmember Greene 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 23, 2014 by voice vote of Council. IN RE: ADOPTION, RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE SECOND ANNUAL SEPTEMBERFEST SPONSORED BY MAIN STREET FAIRMONT, INC., TO BE HELD IN THE CITY OF FAIRMONT’S DOWNTOWN HISTORIC DISTRICT ON SATURDAY, SEPTEMBER 20, 2014 Mayor Straight entertained a motion for the adoption of a resolution endorsing the Second Annual Septemberfest sponsored by Main Street Fairmont to be held on September 20, 2014. Motion: Councilmember Seifrit 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. IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 11, 2014 TO NOVEMBER 12, 2014 Mayor Straight entertained a motion for the adoption of a resolution to reschedule the regular City Council meeting of November 11, 2014 to November 12, 2014. 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 Seifrit. 12 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: THREE RE-APPOINTMENTS, PLANNING AND ZONING COMMISSION, THREE-YEAR TERMS TO END SEPTEMBER 17, 2017 Mayor Straight entertained a motion for three re-appointments to the Planning and Zoning Commission for three-year terms to end September 17, 2017. Motion: Councilmember Warner moved to re-appoint Ron Straight, Eddie Parker, and Jamie Greene to the Planning and Zoning Commission for three-year terms to end September 17, 2017. The motion was seconded by Councilmember Smith. Roll call was taken by the Clerk. The Mayor declared Ron Straight, Eddie Parker and Jamie Greene re- appointed to the Planning and Zoning Commission for three-year terms to end September 17, 2017 by unanimous vote Council. 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 8:15 p.m. 13