City Council

August 11, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 11th day of August, 2015, 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 Marianne Moran Second District Frank G. Yann Third District Robert (Rob) Linger Fourth District William H. (Bill) Burdick Fifth District Fran Warner Sixth District Daniel K. (Dan) Weber Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Ronald J. (Ron) Straight, Sr. Also present were: Interim City Manager Janet L. Keller Interim City Clerk Paula Friend City Attorney Kevin Sansalone Finance Director Eileen Layman Interim City Planner Mark Miller IN RE: OPENING CEREMONIES Rev. D.D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on July 28, 2015. He asked if there were any corrections, deletions, or amendments. 1 Councilmember Moran moved to approve the minutes as submitted. The motion was seconded by Councilmember Yann. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF THE FOLLOWING UNOPENED PORTIONS OF AN ALLEY RIGHT OF WAY, LYING AND BEING IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, AND BEING THAT CERTAIN PORTION OF SAID ALLEYWAY AT THE CORNER OF FLEMING AVENUE AND BISON STREET IDENTIFIED AS PARCEL NO. 43 OF MARION COUNTY TAX MAP 01-12 WHICH SAID PARCEL IS OWNED BY RONALD SATTERFIELD; RESERVING ALL UTILITY RIGHTS. Pursuant to a notice duly published in the Times-West Virginian on August 3, 2015, a public hearing was convened to obtain citizen input on the vacation and abandonment of an alleyway at the corner of Fleming Avenue and Bison Street. The Mayor asked if anyone present desired to speak to the proposed ordinance. MARK MILLER, Interim City Planner, spoke in favor of the proposed ordinance. He stated that this was brought before the Planning Commission and did not meet with any opposition so the request was approved unanimously. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. ANNOUNCEMENTS IN RE: ROUTE 2 / I-68 PROJECT Councilmember Mason said they had a good meeting on the Route 2/I-68 Project. He said that hopefully someday I-68 will be extended from the Mon 2 Valley over to the Ohio Valley. IN RE: COUNCILMEMBER MASON’S QUARTERLY MEETINGS Councilmember Mason stated that his next quarterly meeting would be held on September 29th at the Women’s Club. IN RE: PEG ACCESS CHANNEL 19 Councilmember Weber said that we only funded $2,500 to Channel 19 but they asked for $6,000. He stated that he looked through the budget and we give Region VI $12,158 because it is mandated by the WV Code but we gain nothing from it. He thinks that we should look at eliminating Region VI from our budget and consider increasing the budget to Channel 19 to $25,000. IN RE: ECONOMIC DEVELOPMENT FUND Councilmember Weber said that we used to have funds in previous budget years for economic development but we haven’t in the past few years. He said that everyone is always talking about economic development and what are we going to do to improve economic development. He said that as a Council, they should look at why there are not any funds for economic development in our budget. IN RE: POST OFFICE LOT PARKING / FARMERS MARKET Councilmember Warner received an email from a citizen regarding issues with parking in the Post Office lot on days when the Farmers Market is in town. They stated that it was hard to get to the Post Office because all of the Market patrons and asked if they would consider changing locations. IN RE: WV MUNICIPAL LEAGUE Councilmember Burdick said that they learned a lot from the annual WVML meeting that Council recently attended. Councilmember Linger also stated that the WVML was a great experience to attend and be able to talk to other city leaders to share problems and get fresh perspectives. 3 Mayor Straight said there were great meetings and they learned a lot. He spoke with some attendees from Virginia and they stated that the more our Police and Fire are educated in the things that are going on nationwide, the better off that we are as a city. He said after talking to people from other areas of the state, we are blessed in our area. IN RE: CITY ROAD WORKERS NEEDING PROTECTION Councilmember Yann said that last week he was driving near the East Park/Speedway intersection and noticed a cloud of dust from the City of Fairmont workers cleaning the intersection. He said there should be more protection for the workers. They had their bright yellow jackets on but no signs or any indication of what was going on in that area. He would like to see more notifications to drivers when the City is doing that type of work. IN RE: ALLOCATIONS TO OUTSIDE AGENCIES Councilmember Moran said that in the past the City Manager received the requests and then he gave his suggestions on who to fund. She said that Pleasant Valley, Whitehall and the County Commission set aside a meeting day where the outside agencies come in and do a presentation and maybe that was something we could consider in the future. CITIZEN’S PETITIONS IN RE: SIGNS IN THE CONNECTOR AREA HELEN AND DAN RUNDLE, Blaine St., addressed Council regarding the lawn signs and yard sale signs that keep popping up around the Connector and side streets. Ms. Rundle stated that they have removed over 200 signs since 2010. She said that one of their concerns is that with the new business development on the Connector, there will be more traffic and people will be advertising more. She said her neighbors take pride in their neighborhood and when signs like these go up, they blow away in the wind or people don’t come back to take them down and then there is liter everywhere. They continually pick up trash along the road. She said when you get off the interstate, this isn’t 4 something you want to look at. She also stated that when the signs are taped to the antique light poles, when they are removed the paint gets pulled off, defacing the pole. Ms. Rundle said that the current company mowing the grass on the connector is doing a great job. They would like to see flowers, maybe an organization like Main Street could plant to add some beautification to the area. Ms. Rundle said that they are also requesting assistance from the Police Dept. regarding speeding and the sand trucks that are using the connector that continually try and beat the traffic lights. Mr. Rundle asked about the trees on the connector. He said that he has wrapped some of the trees because the weed eaters are chipping away at the bark on the trees. He asked if anyone was going to come back and plant new trees. Councilmember Linger said that it is a process and the State of WV was waiting until the end of the growing season to make sure the trees were dead. Interim City Manager said Code Enforcement removes the signs when they see them along the Connector and other areas. She also said that it is a safety hazard when the yard sale signs are nailed to utility poles. Mayor Straight asked the Times WV reporter if she could put something in the paper about this issue. CITY MANAGER’S REPORT IN RE: ELECTRONICS RECYCLING Interim City Manager Keller said that the Marion County Solid Waste Authority is offering a free electronics collection on August 15 th from 9am – 2pm at the old armory parking lot on Mary Lou Retton Dr. IN RE: BARRACKVILLE WATER LINE Ms. Keller stated that the City of Fairmont would be working on the water lines in Barrackville tomorrow from 8:00 a.m. – 4:00 p.m. 5 IN RE: NEW POLICE OFFICERS Interim Manager Keller said that the City has welcomed three new Police Officers yesterday. They will start the Police Academy on August 31 st and will be there for 16 weeks for their training. IN RE: MARION COUNTY CHAMBER OF COMMERCE DINNER Ms. Keller reminded those that made reservations that the annual dinner is tomorrow at Fairmont State University. IN RE: WV CLERK’S ASSOCIATION Ms. Keller said that she had her last meeting as President of the WV Clerk’s Association last week during the WV Municipal League Conference in Wheeling. She said that during their business meeting, the WV Clerk’s voted to host the 2017 Region 2 Conference, which is for all of the City Clerks in the states of New Jersey, Delaware, Pennsylvania, Virginia, West Virginia and Maryland. She said we have never hosted a conference like this before so they are honored to have this opportunity and it will be a great way to showcase the State of WV to other City Clerks that are from other states. She said they have not decided on a location yet. Mayor Straight said that at the end of the meeting last week, Ms. Keller received a plaque for her hard work and all that she did through her time as president. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF THE FOLLOWING UNOPENED PORTIONS OF AN ALLEY RIGHT OF WAY, LYING AND BEING IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, AND BEING THAT CERTAIN PORTION OF SAID ALLEYWAY AT THE CORNER OF FLEMING AVENUE AND BISON STREET IDENTIFIED AS PARCEL NO. 43 OF MARION COUNTY TAX MAP 01-12 WHICH SAID PARCEL IS OWNED BY RONALD SATTERFIELD; RESERVING ALL UTILITY RIGHTS. 6 Mayor Straight entertained a motion for the adoption of an ordinance providing for on the lease of property for the vacation and abandonment of an alleyway at the corner of Fleming Avenue and Bison Street. Motion: Councilmember Weber moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. Discussion: There was no discussion. 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. 1649 was duly adopted. 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, IN UNION AND WINFIELD DISTRICTS, MARION COUNTY, WEST VIRGINIA, COMPRISED OF THE FOLLOWING PARCELS OF REAL ESTATE: UNION CITY DISTRICT, TAX MAP 2, PARCELS 35, 35.1, 37, 37.1, 38, 39 AND 99 AND WINFIELD CITY DISTRICT, TAX MAP 8, PARCELS 13.1, 49, 49.1, 49.2, 145, 145.1, 145.2, 146, 147 AND 30, SAID TRACT BEING REZONED FROM “HIGHWAY COMMERCIAL” TO “INDUSTRIAL” 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 August 25, 2015 regarding the rezoning of this property. Motion: Councilmember Mainella moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Mason seconded the motion. 7 The Clerk read the proposed ordinance by synopsis for the first time. Discussion: There was no discussion. The Mayor declared the public hearing set for August 25, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING THE CITY’S APPROVAL FOR THE TRANSFER OF CONTROL OF THE TELEVISION CABLE SYSTEM FRANCHISE WITHIN THE CITY OF FAIRMONT EVIDENCED BY THAT CERTAIN FRANCHISE AGREEMENT DATED MAY 10, 2012, BY AND BETWEEN TIME WARNER CABLE, LLC, D/B/A TIME WARNER CABLE, AND THE CITY OF FAIRMONT, TO CHARTER COMMUNICATIONS, INC., AND/OR ONE OF ITS SUBSIDIARIES (“CHARTER”). Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for August 25, 2015 regarding the Time Warner Cable Franchise. Motion: Councilmember Linger moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Moran seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Interim City Manager Keller mentioned that the maps for the Speedway rezoning ordinance were scanned with the Time Warner introduction accidentally. Councilmember Burdick asked if that affected the ordinance. 8 City Attorney Kevin Sansalone said he identified in the document the parcels to be rezoned. Interim Manager Keller said the paper copies are correct, it was just scanned in incorrectly. Mr. Sansalone said the paper copies are the official copies. Mr. Sansalone said that the original merger was rejected by Congress so this is their second attempt. Councilmember Weber asked if we only receive $250 annually from Time Warner. Mr. Sansalone said that the $250 is just their franchise transfer fee. We actually receive around $300,000 annually from Time Warner. The Mayor declared the public hearing set for August 25, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT GRANTING A DISTRIBUTION EASEMENT TO MONONGAHELA POWER COMPANY FOR THE RELOCATION OF OVERHEAD POWER LINES NECESSITATED BY THE 4TH STREET BRIDGE RELOCATION PROJECT OVER AND ACROSS THAT CERTAIN REAL ESTATE OWNED BY THE CITY OF FAIRMONT DESCRIBED AS 7.55 ACRES, CORNER 5TH AND BENONI (PARK), BEING PARCEL 198 OF MARION COUNTY TAX MAP 03-26, AND ALONG MCNEELY STREET, AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE DISTRIBUTION EASEMENT AGREEMENT. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for August 25, 2015 regarding an easement for the new Fourth St. bridge. 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. 9 Discussion: City Attorney Kevin Sansalone said that the 7.55 acres is not all of the property, it is just a small part of Fifth St. Park adjacent to McNeely St. Basically it is a hillside and does not interfere with any structures on the playground, basketball court, community garden or gym. The Mayor declared the public hearing set for August 25, 2015 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT SETTING A PUBLIC HEARING ON THE CITY OF FAIRMONT’S TAX INCREMENT FINANCIAL APPLICATION FOR THE CREATION OF A TIF DISTRICT AND APPROVAL OF A PROJECT PLAN, WHICH PUBLIC HEARING SHALL BE SET FOR AUGUST 25, 2015, AT 7:00 P.M., PREVAILING TIME, OR AS SOON THEREAFTER AS THE MATTER MAY BE HEARD. Mayor Straight entertained a motion for the adoption of the resolution. Motion: Councilmember Weber moved for the adoption of the resolution. The motion was seconded by Councilmember Linger. Discussion: There was no discussion. The Mayor declared the resolution adopted by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mason moved to adjourn the meeting. The motion was seconded by Councilmember Weber. The Mayor declared the meeting adjourned by voice vote of Council at 7:45 p.m. 10