City Council

January 27, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th day of January, 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 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: City Manager Jay Rogers City Attorney Kevin V. Sansalone City Clerk Janet L. Keller Finance Director Eileen Layman City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES Rev. D. D. Meighen 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 Organizational Meeting and Regular Meeting held on January 13, 2015. He asked if there were any corrections, deletions, or amendments. Councilmember Mainella moved to approve the minutes as submitted. The motion was seconded by Councilmember Linger. 1 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 GRANT ANNEX, MARION COUNTY, WEST VIRGINIA, AND BEING THAT CERTAIN PORTION OF SAID ALLEYWAY BETWEEN TIANO STREET AND KINGMONT STREET BETWEEN THOSE CERTAIN PARCELS OF REAL ESTATE IDENTIFIED AS PARCEL NO. 86.1 OF MARION COUNTY TAX MAP 02-07 WHICH SAID PARCEL IS OWNED BY MICHAEL AND ANITA RESETAR AND PARCELS NO. 85 AND 86 OF MARION COUNTY TAX MAP 02-07 WHICH SAID PARCELS ARE OWNED BY MBP PROPERTIES RESPECTIVELY; RESERVING ALL UTILITY RIGHTS Pursuant to a notice duly published in the Times-West Virginian on January 19, 2015, a public hearing was convened to obtain citizen input on an ordinance providing for the abandonment of an alleyway between Tiano Street and Kingmont Street which is owned by Michael and Anita Resetar. The Mayor asked if anyone present desired to speak to the proposed ordinance. KATHY WYROSDICK, City Planner, spoke in favor of the proposed ordinance. She explained that this application was applied for on behalf Michael and Anita Resetar by Omni Associates. She noted that the architect Adam Rohaly is also here to speak on behalf of this proposal. She stated that through the work that the Developer Review Committee was doing with Omni on a future development proposal for this site, the right of way was discovered and through negotiations and discussions with the owner and the architect it was determined that it was in the best interest of the future development of the site that this right of way be abandoned. She noted that it has never been opened and exists only on paper. She then explained that the parking lot actually encroaches throughout the right of way so the proposal is to abandonment the entire right of way, not just adjacent to the Resetar property, but also extending over the adjacent property as well. ADAM ROHALY, with Omni Associates, also spoke in favor of the proposed ordinance. He said that it would be beneficial to abandon that right of way. 2 He said that it is currently not in use and dead ends on the other side and doesn’t go anywhere. Councilmember Mainella noted that he has a business relationship with the Resetar’s so he will need to abstain from all of the matters that pertain to this abandonment. There being no one to speak, the public hearing was called to a close at 7:10 p.m. ANNOUNCEMENTS IN RE: PIERPONT PRIDE DAY Councilmember Yann stated that he attended the Pierpont Pride Day dinner last Friday evening. He noted that we have fine educational facilities in Fairmont with Fairmont State University and Pierpont Community College. He then mentioned that Councilmember Linger led the singing of the alma mater without accompaniment and he did us very proud. Councilmember Burdick noted that he also attended the dinner. Councilmember Mainella announced that he also attended the Pierpont Pride celebration and it was a very nice function. Mayor Straight apologized to Council since he was not able to attend the event. He noted that his 13 month old grandson had surgery the same day and he was not able to attend. IN RE: MAYOR’S FATHER Councilmember Mason asked the Mayor for an update on his Father. The Mayor said that his Dad is doing great. IN RE: BUDGET WORK SESSION Councilmember Moran thanked the City Manager and staff for the budget work session that was held on January 15th. 3 IN RE: STUDENTS CLEANING UP DOWNTOWN Councilmember Linger reported that on Martin Luther King Day, a group of students from Fairmont State University and Pierpont College was picking up trash along Adams Street in downtown. He said that it was the student government from both schools and he was very appreciative of their efforts. IN RE: STREET LIGHT OUTAGES Councilmember Burdick stated that he was still concerned about the street light outages and Mon Power’s lack of sense of urgency about getting the lights done. He then asked the City Attorney if there is any recourse the City can take against Mon Power. Mr. Sansalone replied that he would have to look into that, he did not know the workings of Mon Power. He stated that he knew we pay the bill for the street lights. He said that he did not know off the top of his head and he did not know if we had a written agreement with them or what the circumstance is because he has never been asked that question before. Councilmember Mason said that he was not sure what that answer means. Mr. Sansalone said that it means that he did not know. Councilmember Mason repeated “he does not know”. Mr. Sansalone said that he does not know what the current status of the relationship is that we have with Mon Power. He said that he can research the issue and report back to Council but as he sits here tonight, he has not had that question posed to him before and I have no reason until Councilmember Burdick asked me that question to know the answer. He added that he will gladly answer the question as I can research it and find the information necessary to do so. Councilmember Burdick and Mayor Straight thanked Mr. Sansalone. IN RE: BACK ON COUNCIL Councilmember Warner stated that she was happy to be back serving the citizens of Fairmont again. 4 Councilmember Weber welcomed Councilmember Warner. IN RE: COUNCILMEMBER MORAN COMMENDED Councilmember Weber commended Councilmember Moran for a recent Facebook post that she published with her ideas about how to improve Fairmont. IN RE: PUBLIC WORKS DEPARTMENT COMMENDED Councilmember Weber commended the Public Works Department for the cleaning of the streets during the snow. IN RE: CONGRATULATIONS TO AMY FROSCH Councilmember Mason extended his congratulations to Amy Frosch from Fairmont Catholic for winning the Aquinas Award where she was recognized for her academics and citizenship. He stated that she is a good model for Christian learning. IN RE: MARION COUNTY HISTORICAL SOCIETY Councilmember Mainella mentioned that he visited the Marion County Historical Society. He noted that it was a very nice organization and appreciated what they do. CITIZENS PETITIONS IN RE: MAIN STREET FAIRMONT UPDATE KATE GREENE, Main Street Director, presented Council with her Program Managers Report and went over some projects that Main Street Fairmont has been involved in. She mentioned their Thursday meetings held at Gatherings on Monroe Street at 12:30 p.m. where people can share their ideas about how to improve the City. Councilmember Mason asked about the meetings on Thursday. He noted that was new to him. He said that he believed that Main Street sponsors a gathering of people who have different issues that they want to discuss 5 around town and he encouraged people to attend that. He mentioned that he planned to attend it himself because that is one of the most important things that we, as City Council, ought to hear what the citizens are concerned about and what they want to accomplish and their ideas. Councilmember Mason then encouraged all of Council to attend. He then asked if it was held every Thursday. Ms. Greene replied it was every Thursday at 12:30 p.m. and they are moving back to the Gatherings. She noted that she will be happy to add everybody to that newsletter list. Councilmember Mason said the ideas that might come out of the meetings such as that would be worthwhile for all of us. IN RE: AMERICAN FLAGS PRESENTED LOU SPATAFORE, presented four American flags to Council on behalf of Woodmen of the World Life Insurance Society. He noted that they were five-foot by eight-foot flags and will be placed at the corners of the High Level Bridge. IN RE: 517 BUSINESS INCUBATOR PROJECT BOB GRIBBEN, spoke to Council regarding an open house for The Excelerator, an organization that aims to help grow small businesses in the area by bringing people together, notably those with ideas and money. He noted that the open house will be held from 10:00 a.m. to 4:30 p.m. on Friday, February 6th at 517 Fairmont Avenue. He stated that they want to cultivate a culture where they will work with each other to help get businesses going. Councilmember Mason said that he would like to make a comment. He said that one of the greatest things that we have going on in the community is Bob Gribben and what his organization is doing. He said the idea of bringing people together with new ideas in a single place is just spectacular and he thought that was exactly what our town needs. He said if you can combine with that bringing together some people with some money to support them, to invest in those companies, that is one of the things that he mentioned during his campaign was to bring people together who had the money with the people who have the ideas. 6 Councilmember Gribben reported that they have some angel investors. Councilmember Mason said that angel investors is exactly, if anything, what some of us might be able to do to help bring them with you. He said it was our obligation to do that. CITY MANAGER’S REPORT IN RE: PUBLIC WORKS DEPARTMENT COMMENDED Mr. Rogers thanked the workers who clear the streets of snow. IN RE: DELAYS COULD OCCUR The Manager reminded the public that we could experience some delays when weather occurs. He said that Republic Services may operate on a delay due to the weather. He then promoted the “Notify Me” tab on the city’s website to stay informed on these situations. IN RE: CHIEF MORAN APPOINTED Mr. Rogers announced that Police Chief Moran has recently been named to the U.S. Attorneys Addiction Action Plan. He noted that it was a very distinguished honor for our Chief and we are proud to have him participate and represent the City of Fairmont. IN RE: OFFICER BRICE FISHER COMMENDED The City Manager also commended Police Officer Brice Fisher. He said that through his actions it led to the arrest of an individual that was found with over 400 medications that was not prescribed. IN RE: CORE SAMPLE THIRD STREET AREA Mr. Rogers said that he received a call from the Department of Highways about a potential mine void that was found near the 4th Street Bridge replacement project. He said that it turned out that it was actually a core sample that was done about two years ago as the DOH was investigating the feasibility of the new bridge and the core sample had simply settled. He 7 noted that it turned out to not be an issue. IN RE: TOUR OF WV STATE OFFICE BUILDING The City Manager reminded Council of the opportunity to tour the State Office Building on Friday, January 30th at 4:00 p.m. IN RE: IDENTIFYING THE HOMELESS Councilmember Yann asked if there was anything that the City of Fairmont is doing to help identify the homeless if there was any out in this type of weather to get them in shelter. Mr. Rogers replied that formally as the City of Fairmont, no, but informally we continue to work with what the Planning Department does to assist with Scott Place and Hope, Inc. and the Union Mission but directly it is not something that we do. He said, unfortunately, from a security standpoint we do not have a facility that could be utilized as a shelter. He noted that our police officers and firemen undergo training specifically for that and our police officers are sensitive those things this time of year and watch out for that. Councilmember Mason told the City Manager that was a great response. He said that he wanted to add that the Union Mission and those organizations are ready to help and he thought the Police have done . . . he was on the board for the Union Mission and we know that the Union Mission know that our Police Department does help rescue people and bring them to places where they might get shelter. He noted that was a good cooperation with the community projects. 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 GRANT ANNEX, MARION COUNTY, WEST VIRGINIA, AND BEING THAT CERTAIN PORTION OF SAID ALLEYWAY BETWEEN TIANO STREET AND KINGMONT STREET BETWEEN THOSE CERTAIN PARCELS OF REAL ESTATE IDENTIFIED AS PARCEL NO. 86.1 OF MARION COUNTY TAX MAP 02-07 WHICH SAID PARCEL IS OWNED BY MICHAEL AND ANITA 8 RESETAR AND PARCELS NO. 85 AND 86 OF MARION COUNTY TAX MAP 02- 07 WHICH SAID PARCELS ARE OWNED BY MBP PROPERTIES RESPECTIVELY; RESERVING ALL UTILITY RIGHTS Mayor Straight entertained a motion for the adoption of an ordinance providing for the abandonment of an alleyway between Tiano Street and Kingmont Street which is owned by Michael and Anita Resetar. Motion: Councilmember Weber moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Moran. 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. 1634 was duly adopted. 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 Weber. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:42 p.m. IN RE: MEETING RECONVENED Mayor Straight declared the meeting reconvened at 8:32 p.m. IN RE: ONE COUNCILMEMBER APPOINTMENT, PLANNING AND ZONING COMMISSION, TERM TO END JANUARY 24, 2017 Mayor Straight entertained a motion for a Councilmember appointment to the Planning and Zoning Commission. Motion: 9 Councilmember Mainella moved to appoint Councilmember Dan Weber to the Planning and Zoning Commission for a term ending January 24, 2017. The motion was seconded by Councilmember Mason. Roll call was taken by the Clerk. The Mayor declared Councilmember Dan Weber appointed to the Planning and Zoning Commission for a term ending January 24, 2017 by unanimous vote of Council. IN RE: ONE COUNCIL APPOINTMENT, CONVENTION AND VISITORS BUREAU OF MARION COUNTY, UNEXPIRED TERM TO END JUNE 30, 2016 Mayor Straight entertained a motion for a Councilmember appointment to the Convention and Visitors Bureau of Marion County for an unexpired term to end June 30, 2016. Motion: Councilmember Weber moved to appoint Councilmember Rob Linger to the Convention and Visitors Bureau of Marion County for an unexpired term to end June 30, 2016. The motion was seconded by Councilmember Mason. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Mason Yes Councilmember Burdick Yes Councilmember Yann No Councilmember Warner Yes Councilmember Weber Yes Councilmember Moran No Councilmember Linger Yes Mayor Straight No Councilmember Mainella No The Mayor declared Councilmember Rob Linger appointed to the Convention and Visitors Bureau of Marion County for an unexpired term to end June 30, 2016 by majority vote of Council. IN RE: TWO COUNCILMEMBER APPOINTMENTS, MARION COUNTY ARMORY CUSTODIAL BOARD, TERMS TO END JANUARY 24, 2017 Mayor Straight entertained a motion for two Councilmember appointments to the Marion County Armory Custodial Board. 10 Motion: Councilmember Weber moved to appoint Councilmember Bill Burdick and Councilmember Frank Yann to the Marion County Armory Custodial Board for a term ending January 24, 2017. The motion was seconded by Councilmember Mason. Roll call was taken by the Clerk. The Mayor declared Councilmember Bill Burdick and Councilmember Frank Yann appointed to the Marion County Armory Custodial Board for terms ending January 24, 2017 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, MARION COUNTY RESCUE SQUAD, TERM TO END JANUARY 24, 2017 Mayor Straight entertained a motion for a Councilmember appointment to the Marion County Rescue Squad. Motion: Councilmember Warner moved to appoint Councilmember Tom Mainella to the Marion County Rescue Squad for a term ending January 24, 2017. The motion was seconded by Councilmember Linger. Roll call was taken by the Clerk. The Mayor declared Councilmember Tom Mainella appointed to the Marion County Rescue Squad for a term ending January 24, 2017 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, MARION COUNTY SENIOR CITIZENS BOARD, TERM TO END JANUARY 24, 2017 Mayor Straight entertained a motion for a Councilmember appointment to the Marion County Senior Citizens Board. Motion: 11 Councilmember Yann moved to appoint Councilmember Dan Weber to the Marion County Senior Citizens Board for a term ending January 24, 2017. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk. The Mayor declared Councilmember Dan Weber appointed to the Marion County Senior Citizens Board for a term ending January 24, 2017 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, PEG ACCESS AD HOC COMMITTEE, TWO-YEAR UNEXPIRED TERM TO END JUNE 30, 2017 Mayor Straight entertained a motion for a Councilmember appointment to the PEG Access Ad Hoc Committee for the unexpired term to end June 30, 2017. Motion: Councilmember Weber moved to appoint Councilmember Frank Yann to the PEG Access Ad Hoc Committee for the unexpired term ending June 30, 2017. The motion was seconded by Councilmember Mainella. Roll call was taken by the Clerk. The Mayor declared Councilmember Frank Yann appointed to the PEG Access Ad Hoc Committee for the unexpired term ending June 30, 2017 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, WEST VIRGINIA MUNICIPAL LEAGUE Mayor Straight entertained a motion for one Councilmember appointment to the West Virginia Municipal League. Motion: Councilmember Mainella moved to appoint Councilmember Bill Burdick to the West Virginia Municipal League. The motion was seconded by Councilmember Weber. 12 Roll call was taken by the Clerk and the following votes were recorded: Councilmember Warner Yes Councilmember Yann Yes Councilmember Burdick Abstain Councilmember Weber Yes Councilmember Linger No Councilmember Mainella Yes Mayor Straight Yes Councilmember Mason Abstain Councilmember Moran Yes The Mayor declared Councilmember Bill Burdick appointed to the West Virginia Municipal League by majority vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mainella moved to adjourn the meeting. The motion was seconded by Councilmember Weber. The Mayor declared the meeting adjourned by voice vote of Council at 8:42 p.m. 13