City Council

June 24, 2014 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 24th day of June, 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 Robert Garcia 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 Finance Director Eileen Layman IN RE: OPENING CEREMONIES Deacon David Lester of St. Peter’s Catholic Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Yann. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on June 10, 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 Warner. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2014-2015 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on June 16, 2014, a public hearing was convened to obtain citizen input on an ordinance to provide for a General Fund Budget Revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. Eileen Layman, Finance Director, spoke in favor of the proposed ordinance. She said this is the first revision for FY15 and this revision is due to the State by July 31st. She then went over some of the highlights of the revision. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2014-2015 ANNUAL BUDGET: COAL SEVERANCE Pursuant to a notice duly published in the Times-West Virginian on June 16, 2014, a public hearing was convened to obtain citizen input on an ordinance to provide for a Coal Severance Budget Revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. Eileen Layman, Finance Director, spoke in favor of the proposed ordinance. She then went over some of the highlights of the revision. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: CONDOLENCES EXTENDED Councilmember Garcia extended condolences to the Petrucci and Gouzd family for the recent passing of their loved one. IN RE: MAIN STREET DIRECTOR COMMENDED 2 Councilmember Burdick commended Main Street Director, Kate Green. IN RE: EAST FAIRMONT MIDDLE SCHOOL Councilmember Seifrit noted that the new East Fairmont Middle School is absolutely beautiful and she encouraged everyone to go by and look at it. CITIZENS PETITIONS IN RE: MAIN STREET PROGRAM KATE GREEN, Main Street Director, addressed Council on events that have been held by Main Street Fairmont. She stated that she will start making a report to Council each month. IN RE: DRAINAGE PROBLEM ON EAST PARK AVENUE WILLARD FERRELL, owner of the East Park Avenue Subway, stated two concerns about deterioration of a state road near his business. He said the road, Route 310, has poor drainage and a slanted metal plate on the road which poses potential issues as well. He stated that he has made efforts to talk to the State Department of Highways over the past year, without success. He then asked the City Manager and Council to push the State a little bit more to get the issue addressed. IN RE: REZONING OF PROPERTY ON MORGANTOWN AVENUE STONEY QUINTO, JR., co-owner of S&S Auto Sales on Morgantown Avenue, asked Council to delay the vote on a motion concerning his property. Mr. Quinto had submitted a request to the Fairmont Planning Commission to rezone the property from “Mixed Use” to “Main Corridor Commercial.” The Planning Commission recommended denying the request. Mr. Quinto submitted a Citizens Petition to Council with three recommendations. After Mr. Quinto stated his three recommendations, Mayor Straight asked him to stay on point and talk about what only pertains to him. Mr. Quinto said that the City of Fairmont created this inconsistent condition. Mr. Quinto then started to mention the Planning and Zoning Codes and City Planner, Kathy Wyrosdick, in particular and the Mayor, again, asked him to stay on point. Mayor Straight told Mr. Quinto if it is legal that he is having problems with, he is more than welcome to take it to the proper channels. The Mayor said that we are not here to defame anyone’s character. He then said that Mr. 3 Quinto’s point is that he does not want this to be heard or turned down this evening. Mr. Quinto replied that is correct, to study it a little further rather than rushing through it. Mayor Straight asked Mr. Quinto that with everything he has submitted to Council tonight, why this information was not provided to the Planning and Zoning Commission. He said that none of this was ever brought before Planning and Zoning. The Mayor said that if he remembered correctly, Mr. Quinto tried this rezoning before when he tried to bring another business into it. Mr. Quinto said that we are getting a little off. Mayor Straight said the point is that this information that Mr. Quinto submitted to Council tonight was never presented to the Planning and Zoning Commission. Mr. Quinto said that he could not bring it before because these changes did not exist in 2010. The Mayor said that the information that he presented tonight did not take a year to think about. Mr. Quinto said that his point is very clear. He said that he is responding to a negative view of the May 15, 2014 staff report. He said that he is on point and prior to that it did not exist. He said that when he came to the Planning Commission before as a group of property owners in 2010, there was not $22,900,000 spent on a school, or $1,200,000 spent on Palatine Park so those points do not exist. Mayor Straight said that the Park and the new school did not spring up overnight and if he was a business owner, he would think that everything Mr. Quinto submitted tonight should have been addressed in Planning and Zoning. Mr. Quinto said that he could not have done that in 2010 because the changes didn’t happen but what changed that brought him here was when Leonard’s Service Station . . . The Mayor told Mr. Quinto to not even go there. He asked Mr. Quinto to stay on point and that Council is talking about S&S Auto Sales. He told Mr. 4 Quinto that if he has a problem with that, he can take that, get a lawyer and address the problem. Mr. Quinto said that he would not encourage something of that nature. He noted that it would not be pleasant. Mayor Straight said that if he remembered correctly, at the last meeting, someone made some statements . . . Mr. Quinto said that got under your skin. The Mayor replied no, that is his right. Mr. Quinto said that he wrote this to avoid a problematic area. He said that he was born and raised in Fairmont, and their business was Business “B” for 46 years, we were grandfathered in for nine years, he made a reasonable request, went to the Planning Commission, and the only gentleman that made one comment was Mr. Parker who said “how can they change their zoning the way it is set up.” Mr. Quinto then said that he passed out a Citizens Petition and when he stepped away from the microphone, he could not have a conversation with Mr. Parker. He then stated that they all voted to reject the request with the exception of one gentleman who abstained from voting. He stated that he did the best he could at that meeting but the negative view of the Planning Staff Report, he has to point out the problems, because they are in consistent. Mr. Quinto then said that we have a merry- go-round system that he comes in, it spins him around, and he feels that he has complied with Section 1309, Sections D and E and the staff report creates . . . The Mayor told Mr. Quinto that he had one minute to finish his statements. Mr. Quinto said that he will make it shorter than that. He then asked Mr. Sansalone to study this out to avoid a nasty situation. He told Council that they have been advised. THOMAS DEVITO addressed Council on behalf of his mother and the other people who live in the area around S&S Auto Sales. He urged Council to go ahead and vote on this tonight. He said that he has a petition signed by 48 residents of Fairmont who live in that area that is against the rezoning. He said that these people like their way of life like it is now and the way the intersection is now, any more traffic, you may never get out. He encouraged Council to vote on the resolution and get it over with. He then presented a petition from the 48 residents opposing Mr. Quinto’s request to rezone the property as Main Corridor Commercial. 5  CITY MANAGER’S REPORT IN RE: DOH STAFF CHANGES Mr. Rogers mentioned that there has been some staff changes with the DOH and they do have a new district manager. He said that Mr. Ferrell has been completely patient and he will work with Mr. Ferrell and the State to try to get the issue addressed. IN RE: FAIRMONT GENERAL HOSPITAL The Manager reported that Alecto Health Care Services will take over Fairmont General Hospital. He said that Council and the Fairmont Building Commission will be working with them in the coming weeks and months to get that property transferred. IN RE: SPRING PAVING Mr. Rogers reported that spring paving has been completed with 8,900 tons and 5.9 miles of road paved. He noted that it is the largest spring paving project to date. He said that the fall paving is currently expected to begin in mid-August or early September. IN RE: RIBBON CUTINGS The City Manager reported that a ribbon cutting will be held at Noteworthy Sweets on June 25th at 3:00 p.m. He then stated that a ribbon cutting will also be held at Palatine Park on June 25th at 4:00 p.m. for the new splash park. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2014-2015 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. 6 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. 1622 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2014-2015 ANNUAL BUDGET: COAL SEVERANCE Mayor Straight entertained a motion for the adoption of an ordinance providing for a Coal Severance Budget Revision. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Garcia. 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. 1623 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF ORDINANCE NO. 403, AS AMENDED BY ORDINANCE NO. 1365, AND ORDINANCE NO. 1486, WHICH IS CODIFIED AS PART 15 FIRE PREVENTION CODE, ARTICLE 1507, BUREAU FOR FIRE PREVENTION, SECTION .07 STATE CODE AND FIRE MARSHAL RULES, OF THE CODE OF THE CITY OF FAIRMONT, TO PROVIDE FOR THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT IN TITLE 87 LEGISLATIVE RULE, FIRE COMMISSION, SERIES 1 FIRE CODE, AND ESTABLISHED AND ADOPTED BY THE STATE OF WEST VIRGINIA, EFFECTIVE JULY 1, 2014, EXCLUDING HOWEVER ALL STANDARDS AND REQUIREMENTS DIRECTED TO THE OPERATION OF LOCAL FIRE DEPARTMENTS, IF ANY Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for July 8, 2014 regarding the adoption of the Fire Life Safety Codes. Motion: 7 Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Garcia seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for July 8, 2014 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AFFIRMING THE FINDINGS AND RECOMMENDATION FROM THE CITY OF FAIRMONT’S PLANNING COMMISSION AND DENYING A REQUEST TO REZONE PROPERTY DESCRIBED AS PARCELS 103 THROUGH 110 OF TAX MAP 03-05, CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA FROM NEIGHBORHOOD MIXED USE TO MAIN CORRIDOR COMMERCIAL Mayor Straight entertained a motion for the adoption of a resolution affirming the findings of the Planning Commission to deny a request to rezone property described as parcels 103 through 110 of tax map 03-05 from Neighborhood Mixed Use to Main Corridor Commercial. Motion: Councilmember Weber moved for the adoption of the proposed resolution and the reading of a synopsis in lieu of the entire resolution. Mr. Sansalone, City Attorney, noted that there was a typographical error on the synopsis and in the body of the resolution. He noted that it refers to the property being located on East Park Avenue when, in fact, it is located on Morgantown Avenue. He then requested that the Clerk read the street as Morgantown Avenue and not East Park Avenue so that it is introduced and adopted in final, if that is Council’s wishes. Motion: Councilmember Weber moved to correct the wording to show Morgantown Avenue instead of East Park Avenue. The motion was seconded by Councilmember Warner. The Mayor asked for all of those in favor. The Mayor declared the correction made by voice vote of Council. 8 The City Manager noted that motion just corrected it from East Park Avenue to Morgantown Avenue and now we need a motion to adopt the Resolution. Motion: Councilmember Weber noted that he already made that motion for the adoption of the Resolution. The motion was seconded by Councilmember Garcia. The Mayor asked for all of those in favor. By voice vote of Council, Council voted in favor of the resolution with Councilmember Warner stating he was opposed. The Mayor declared the resolution adopted by majority vote of Council. The Clerk told the Mayor that she had to read the resolution by synopsis and do a roll call vote of Council. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Burdick asked the Mayor if Council was going to voice roll call. The Mayor replied yes, he was getting to that. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Garcia Yes Councilmember Smith Yes Councilmember Yann Yes Councilmember Seifrit Yes Councilmember Gribben Yes Councilmember Burdick Yes Councilmember Weber Yes Councilmember Warner Yes Mayor Straight Yes The Mayor declared the resolution adopted by majority vote of Council, however, the votes were by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION 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 Warner. 9 The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:58 p.m. He noted that no further business will be taken when the meeting is reconvened. IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 8:36 p.m. 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 8:37 p.m. 10