City Council

December 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 December, 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 Philip R. (Phil) Mason Eighth District Robin W. Smith Ninth District Ronald J. (Ron) Straight, Sr. Also present were: City Manager Jay Rogers City Attorney Kevin V. Sansalone City Clerk Janet L. Keller City Planner Kathy Wyrosdick Councilmember-Elect Thomas Mainella IN RE: OPENING CEREMONIES Rev. Bill Rager of the Mt. Zion Community Church in Grant Town gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Gribben. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on November 25, 2014. He asked if there were any corrections, deletions, or amendments. Councilmember Weber moved to approve the minutes as submitted. The motion was seconded by Councilmember Mason. 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 AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THE LT. HARRY B. COLBURN UNITED STATES ARMY RESERVE CENTER LOCATED ON MARY LOU RETTON DRIVE, GRANT CITY DISTRICT, FAIRMONT, MARION COUNTY, WEST VIRGINIA, TO THE TASK FORCE ON DOMESTIC VIOLENCE, HOPE INC, A WEST VIRGINIA NON-PROFIT NON-STOCK CORPORATION; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A QUITCLAIM DEED ON BEHALF OF THE CITY OF FAIRMONT, GRANTOR Pursuant to a notice duly published in the Times-West Virginian on December 1, 2014, a public hearing was convened to obtain citizen input on an ordinance authorizing the transfer of the Lt. Harry B. Colburn United States Army Reserve Center on Mary Lou Retton Drive to the Task Force on Domestic Violence, Hope Inc. The Mayor asked if anyone present desired to speak to the proposed ordinance. ZACHARY WALLEN, Attorney with Steptoe and Johnson, representing Hope, Inc. with this transaction, spoke in favor of the proposed ordinance. He said their current facility lacks the necessary space to help people and they have been seeking a larger facility for some time. He said that once this new facility is renovated, it will be a fantastic new home for Hope, Inc. and will allow for better facilities to treat victims of domestic violence. Mr. Wallen then thanked City Council for their support in making this a reality. KATHY WAGNER, Volunteer President of Hope Board of Directors, said they are anxious to get the project moving forward. She also thanked everyone that was involved in the project. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. ANNOUNCEMENTS 2 IN RE: HOPE, INC. Councilmember Gribben said that nothing makes him happier than Hope, Inc. being here tonight taking the position that they are taking right now in the fact that they are coming to fruition on this new facility. IN RE: SOLID WASTE COMPLAINTS Councilmember Yann reported that he had some calls last week regarding terrible trash accumulation on Ohio Avenue. He said that he made a call to the City Manager and the trash collection was take care of. He then asked why it had to take a call to the City Manager rather than the department taking care of it. Councilmember Seifrit reported a trash collection on Ridgely Avenue. She asked if Code Enforcement could be sent out to that location. IN RE: PARKING GARAGE COMPLAINT Councilmember Yann stated that he parked in the parking garage on Friday and could not get out because someone was stuck; however, a fireman was there helping everyone to get out of the garage. IN RE: SHOOTING RANGE FOR POLICE DEPARTMENT Councilmember Seifrit asked if the City ever got a shooting range for our police officers. Mr. Rogers replied that it is not completed. He said there has been some preliminary work done on it and there was an early design on it for some grading. He said that Chief Moran and range officers in the Police Department are still working on it. He then mentioned that we have a request in to the State for some additional funds. Councilmember Seifrit asked about the $10,000. Mr. Rogers said there was a pledge of $10,000 but it was from that property owner. He noted that when the design is finished and that grant request comes through then they will talk to that individual about his pledge. 3 IN RE: FEAST OF THE SEVEN FISHES FESTIVAL Councilmember Burdick reminded everyone that the Feast of the Seven Fishes Festival will be held Saturday, December 13, in downtown Fairmont. The Mayor also mentioned the Feast and invited everyone to come downtown for the festivities. IN RE: DEMOLITION OF BUILDING ON FAIRMONT AVENUE Councilmember Burdick reported that it was good to see the red building on Fairmont Avenue being torn down. Councilmember Warner noted that it was his pleasure in finding that progress is progressing drastically on the red building. He was very happy to see that it was coming down. IN RE: LED LIGHTS Councilmember Warner mentioned that he was glad to find that there is a study being done on the possibility of having LED lighting in the parking garage. IN RE: DEMOLITION OF STRUCTURE ON LOCUST AVENUE Councilmember Weber said that he was glad to see the demolition of the old Tichnell’s Service Station on Locust Avenue. IN RE: COAL CAMP MEMORIES Councilmember Weber reported that he and Councilmember Smith attended the Coal Camp Memories at the Life United Methodist Church. He then thanked City Council for supporting the City of Fairmont’s Arts and Humanities Commission and hopes that this support will continue in the future. IN RE: CORRECT STORY Councilmember Weber asked the Times-West Virginian to correct a story about him changing his vote from “yes” to “no” about placing parking meters in the post office parking lot. He said that he didn’t ask to change his vote, 4 he only said that he made a mistake and it was his mistake in voting yes, he should have voted no. He noted that he only made a mistake in his vote and said nothing about changing his vote. IN RE: TIMES-WEST VIRGINIAN REPORTER Councilmember Mason welcomed Sean McNamara, the new reporter for the Times-West Virginian. He then said that the media and newspaper media are very important in the democratic process, not only to serve as the watch dog of City Council, but important to communicate what is happening here and communicate that to the citizens of Fairmont. He then said at the last meeting Councilmember Yann and another member of Council were sworn in as new members of Council and he did not believe that was reported in the newspaper. He said that was something that was noteworthy and perhaps reportable. IN RE: CITY’S WEBSITE Councilmember Mason stated that there was a provision on the City’s website that has a feature that allows citizens to contact the city. IN RE: DISTRICT MEETING Councilmember Mason reported that beginning in January he was going to establish a set time and place where he would be located for people to come and talk to him about issues they would like to have addressed and he would bring those concerns to Council and to the Administration and get a response. IN RE: WORK SESSION DISCUSSION Councilmember Mason asked if this would be the time for him to discuss the work session or is there another time. The Mayor replied another time. IN RE: CELEBRATION OF LIGHTS Councilmember Smith reminded everyone to see the lights at Morris Park. 5  CITIZENS PETITION There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: WORK SESSION SCHEDULED Mr. Rogers reported that a work session will be held on Tuesday, December 16, at 5:30 p.m. regarding the proposed new Municipal Complex and the process that we have been going through. He noted that Council will receive an update from the consultant as to their findings. IN RE: CHAMBER OF COMMERCE BREAKFAST The Manager announced that the Marion County Chamber of Commerce breakfast will be held on Friday, January 9, 2015 at 8:30 a.m. at the Colebank Building at FSU. IN RE: GARBAGE SERVICES AND RECYCLING Mr. Rogers stated that for the past three or four weeks we have noticed a rise in missed pickups. He noted that there has been a recent change in employees at Republic Services, the company responsible for providing garbage service. He went on to say that when we get drivers that are not used to the routes, sometimes we have a person that gets garbage picked up at their house or in an alley and those drivers do not know that. He said that through our website there is a “Contact Us” where people can go in and notify us. He then asked the public for patience. Councilmember Yann stated that in his area it is not that they are missing a whole area, they actually skip a house. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THE LT. HARRY B. COLBURN UNITED STATES ARMY RESERVE CENTER LOCATED ON MARY LOU RETTON DRIVE, GRANT CITY DISTRICT, FAIRMONT, MARION COUNTY, WEST VIRGINIA, TO THE TASK 6 FORCE ON DOMESTIC VIOLENCE, HOPE INC, A WEST VIRGINIA NON-PROFIT NON-STOCK CORPORATION; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A QUITCLAIM DEED ON BEHALF OF THE CITY OF FAIRMONT, GRANTOR Mayor Straight entertained a motion for the adoption of an ordinance authorizing the transfer of the Lt. Harry B. Colburn United States Army Reserve Center on Mary Lou Retton Drive to the Task Force on Domestic Violence, Hope Inc. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Weber. 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. 1632 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for January 13, 2015 to provide for the public auction of surplus personal property of the City of Fairmont. 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. Discussion: Councilmember Mason asked what items are going to be auctioned. The City Manager said that the list was attached to the ordinance. Councilmember Burdick noted that the list was on page five. 7 Councilmember Mason asked that the list be described to the public. The City Manager then read the items that were listed in the ordinance. After reading the list he said that the items will be sold by public auction through an advertisement in the newspaper and then sealed bids are brought in by individuals that are interested in bidding on the items. He noted that it saves the expense of hiring an auctioneer. The Mayor declared the public hearing set for January 13, 2015 by voice vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT-MARION COUNTY TRANSIT AUTHORITY, THREE-YEAR TERM TO END DECEMBER 31, 2017 Mayor Straight entertained a motion for one re-appointment to the Fairmont-Marion County Transit Authority for a three-year term to end December 31, 2017. Motion: Councilmember Warner moved to re-appoint Jeff Carpenter to the Fairmont- Marion County Transit Authority for a three-year term to end December 31, 2017. The motion was seconded by Councilmember Seifrit. Roll call was taken by the Clerk. The Mayor declared Jeff Carpenter re-appointed to the Fairmont-Marion County Transit Authority for a three-year term to end December 31, 2017 by unanimous 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 Seifrit. Councilmember Mason said that he wanted to discuss the work session. He noted that he had a point that he wanted to bring up and he thought now would be the time. 8 Councilmember Burdick stated that there is a motion on the floor. Mayor Straight said that there is already a motion on the floor to adjourn the meeting. Councilmember Mason stated that the Mayor promised him that he would have an opportunity to talk about the work session. The Mayor said that we already have a motion on the floor. Councilmember Mason asked Councilmember Smith to withdraw his motion to adjourn the meeting. Councilmember Smith replied no. The Mayor said again that we have a motion to adjourn and asked for all of those in favor. After several Councilmembers said no to the adjournment, a roll call was taken by the Clerk and the following votes were recorded to adjourn the meeting: Councilmember Burdick Yes Councilmember Gribben No Councilmember Yann Yes Councilmember Warner No Councilmember Weber No Councilmember Seifrit Yes Councilmember Smith Yes Councilmember Mason No Mayor Straight Yes The Mayor declared the meeting adjourned by a majority vote of Council at 7:35 p.m. Councilmember Mason stated that while the microphones were still on, there is a point of order . . . The Mayor stated again that the meeting is adjourned and then gaveled Councilmember Mason out. 9