City Council

March 10, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 10th day of March, 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 Clerk Janet L. Keller City Attorney Kevin V. Sansalone Finance Director Eileen Layman IN RE: OPENING CEREMONIES Pastor Roger Thrower gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Burdick. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on February 24, 2015. 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: 2015-2016 CITY BUDGETS: GENERAL FUND, PARKING FUND, COAL SEVERANCE AND OUTSIDE AGENCIES Pursuant to a notice duly published in the Times-West Virginian on February 24, 2015 and March 5, 2015, a public hearing was convened to obtain citizen input on the 2015-2016 City Budgets. The Mayor asked if anyone present desired to speak to the proposed budget. EILEEN LAYMAN, Finance Director, spoke in favor of the proposed budget. She said that the budgets presented to Council in the work session have changed minimally. She explained that the City received the Ad Valorum property values from the Assessor’s Office and the calculation of the Ad Valorum from the State Auditor’s Office and it increased Ad Valorum revenue by $36,876 and we offset that with a reduction in the miscellaneous revenue so the revenues and expenditures remain at the $14,000,000 level. There being no one else to speak, the public hearing was called to a close at 7:04 p.m. ANNOUNCEMENTS IN RE: “YOUR NEIGHBORHOOD YOUR FUTURE STUDIO” GRAND OPENING Councilmember Mainella apologized for not attending the ribbon cutting for the “Your Neighborhood Your Future Studio” on Monday. He noted that he had a work commitment and could not attend. Councilmember Moran reported that she attended the ribbon cutting and it was a great collaboration of a lot of different entities coming together to work for the betterment of that community. She noted that it was something that we all should be proud of. Mayor Straight also mentioned that he was able to attend the ribbon cutting as well. He then commended everyone that was involved in the project. 2 IN RE: BUDGET COMMENTS Councilmember Weber stated that he had a few items he wanted to express. 1) He expressed his appreciation to Public Works for keeping the streets cleaned from the snow and ice during this past week’s inclement weather. He said the Police, Fire and Water Departments also deserve credit for keeping the citizens safe and protected. 2) He said that in regards to a Councilperson’s comments on the upcoming City Budget that was in the newspaper on Sunday, eight out of nine Councilpersons apparently have taken their responsibilities very seriously. He said that the criticism of Council’s pay increase shows a lack of research about the Council’s pay. He went on to say that he finds his time very valuable and he takes umbrage in the criticism about a new pay raise beginning in 2015 for City Council. He noted that he wished everyone would get a pay raise. He then said if that Councilperson researched the history of Fairmont City Council pay, it would show that the City Council was being paid the same amount in 2014 as it was in 1976, 39 years ago. He said that he did not think anybody is working at the same pay rate that they were 39 years ago. Councilmember Weber said that he proposed an increase in the salary several years ago and based on the research done by the City Clerk, the City Manager, and the Finance Director, they found that this pay raise was indeed merited. He went on to say that the Councilperson that thinks this raise is “unconscionable” could in his magnanimous way return all of his payment since January 2015 and all payments for his services in his second, third and fourth year or he could donate his entire salary for four years to the Mon Youth Build Program that is closing for the lack of funds. He added that he did not know another word for hypocrite but he will have to throw that one out and you can take it as you want. 3) Councilmember Weber said that, yes, the pension fund is an ongoing problem and has been an ongoing problem for over 30 years or more and this Council has been aware of the problem for years and is now making an effort to solve the ongoing funding. 4) He went on to say that this Councilperson also jested to him that the City institute a 3% budget cut to all City departments. He said that he wanted to hypothesize an antidote about budget cuts where they are not needed. He said that what if we decided to cut the budget by 3% or even 5%, what could possibly be some unintended consequences. 3  He mentioned that some Police Officers would undoubtedly resign and go to another city because we have ten year old vehicles, no armored vests, and no increase in pay. He said the Water Department may not be able to repair water breaks, the snow removal crews may not be able to clear your road in a timely manner and what if we had a fire in that Councilman’s neighborhood and the Fire Department just happened not to have a crew that day because the Fire Chief had to eliminate one shift a month because of the 3% budget cut. He said the neighbor’s house burned down totally and the Councilperson answered to his neighbor’s question “well I was just trying to save money . . . oh, at your expense, by the way”. Councilmember Warner stated that she would have to agree with Councilmember Weber. She said that she knows that there are some of our agencies who have not had raises for eight and ten years and they are some of the ones that Councilmember Weber has mentioned. She said that, herself, she does not work for the amount of wages she worked for nine or ten years ago and the cost of living and expenses has gone up dramatically in that many years. She stated, again, that she would have to agree with everything that Councilmember Weber has spoken. IN RE: BAD BUILDING MEETING Councilmember Burdick stated that he and Councilmember Weber both attended the BAD Buildings meeting last week and seems like we are making good progress with the plan of attack on demolition. IN RE: GREAT THINGS GOING ON Councilmember Linger mentioned that the weather is getting nicer and there are a lot of great things going on in the community. He encouraged everyone to check out www.marioncvb.com for a lot of great upcoming events. IN RE: NEW WATER METERS Councilmember Yann mentioned that he had a problem with his new water meter and called the Customer Service Department and talked to Mark Moore about his high bill. He said that Mr. Moore was very polite to him when he called him back regarding his bill. He then mentioned that he received calls from three other residents that had a problem and they also 4 said that Mr. Moore was very polite to them as well and he received nothing but compliments on that gentleman. IN RE: CUB SCOUT IN ATTENDANCE The Mayor introduced Samuel Osodol, a cub scout with Pack 7 from Valley Chapel Church. He noted that he was working on his citizenship badge. A hearty welcome was given to Samuel. CITIZENS PETITIONS IN RE: PRAISED CITY PROGRESS Former Councilmember Debbie Seifrit addressed Council regarding the City’s progress. She said that she served on Council for eight years and in the first three months of her term they had problems with the water, street paving and other issues that needed to be taken care of. She said at that time, the City was hurting and there was no money. She noted that they were losing all of their staff but now we are starting to be more competitive. She said regarding the City Council pay increase, it has been since the 1970’s and you just don’t come to a two hour meeting because you have other meetings to attend and other boards and commissions that you serve on. She then echoed many of Councilmember Weber’s comments. She said that if you want to talk about unconscionable type things going on, it is unconscionable to try to infer to the community that there are things going on bad from this Council or the previous Council because we all care about what happens to this City. Ms. Seifrit then commended Finance Director Eileen Layman for everything that she has done for the City of Fairmont. She then said that when she read the newspaper article from last Sunday, the smoke was coming out of her ears. She then said that you have to work together and you cannot fight among yourselves, you are not always going to agree, but you have to try to come to what is the best for this City. IN RE: FIRE PENSION SITUATION DAVID WHITEMAN, President of the IAFF Local 318 addressed Council regarding the fire pension situation. He thanked City Manager Jay Rogers and Finance Director Eileen Layman for putting together a balanced budget. He then said that the reason he felt compelled to speak tonight is nothing more than for informational purposes. He said that in every article 5 regarding the budget, there was always a lengthy discussion regarding the pension issues. He said he acknowledged these problems but he was here tonight to make Council aware of the fact that we, meaning the Fairmont Fire Department, are in no way the cause. He explained that this problem has been ongoing for years, maybe since 1990 or 1991 when the method of funding changed. He said that in 1990 or 1991 the method of funding that they are under right now is when this took place. He said that it was chosen by the City to be the lessor burden at that time. He went on to say that at this point there is no use in rehashing it. Mr. Whiteman said that he wanted to make it known that the department has tried to be pro-active to the solution. He said that in July of 2004 their Pension Board voluntarily raised their contribution from 7% to 8.5% and then in 2010 there was a State Pension Oversight Board that was appointed and they deemed it necessary that all employees hired after January of 2010 will contribute 9.5%. He then said that they, as a body, have lobbied the State Legislature for years for additional funding to no avail. Mr. Whiteman then said that they have made concessions contractually to help lessen the City’s obligation over a period of time. He then told Council that these pensions are important to them and some people may not even realize that they are not even eligible to draw social security. He then said that anyone that is fortunate enough to have had a job prior to coming to the Fire Department or after leaving here or anywhere in between, we are not even eligible for full social security because they are penalized under the Windfall Act that was enacted in 1983. He repeated again that these pensions are very important to them. He then asked Council to attempt to establish alternative methods of funding to help resolve these problems. He noted that was not to say that he is in favor of the new possible alternative method and that is to be discussed in the future. He then thanked Council for their time and concern regarding this situation. IN RE: PROPOSED SALES TAX ERNIE VANGILDER, private citizen, business owner in Fairmont and current County Commissioner, addressed Council regarding the proposed one percent sales tax. He urged Council not to adopt a one percent sales tax, as it would attract more businesses to the area if no such taxes were in place. CITY MANAGER’S REPORT IN RE: CITY EMPLOYEES COMMENDED 6 Mr. Rogers thanked the city employees of the City of Fairmont. He said that last Friday, City Hall had no heat, no electric, no internet, no phones, and no emails but the employees still worked. He then thanked the Fire Department and Police Department responding to calls and Public Works for plowing snow around the clock. Mr. Rogers then thanked some of the other agencies. He noted that Mon Power had a lot of outages in Marion County and North Central West Virginia and he wanted to thank them for doing that work out in that weather. IN RE: “YOUR NEIGHBORHOOD YOUR FUTURE STUDIO” GRAND OPENING Mr. Rogers mentioned the grand opening of “Your Neighborhood Your Future Studio” and noted that it was a great project. He then encouraged everyone to visit the project on 10th Street. IN RE: WORK SESSION WITH PLANNING COMMISSION The City Manager reminded Council of the work session with the Planning Commission on Wednesday, March 18, at 6:00 p.m. He urged all Councilmembers to attend. IN RE: POLICE OFFICER APPLICATIONS Mr. Rogers reported that the City of Fairmont is still accepting applications for the position of Police Officer until March 27th. He said if anyone is interested in obtaining an application, please see the City Clerk Janet Keller before March 27th. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, 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 PORTION OF SAID ALLEYWAY BETWEEN THOSE CERTAIN PARCELS OF REAL ESTATE IDENTIFIED AS PARCEL NO. 140, 139, 138 and 243 OF MARION COUNTY TAX MAP 01-02 WHICH SAID PARCELS ARE OWNED BY FUZZY MAMMOTH DEVELOPMENT 7 LLC; RESERVING ALL UTILITY RIGHTS Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for March 24, 2015 to provide for the abandonment of an unopened alley on First Street. Councilmember Mainella 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 March 24, 2015 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION APPROVING THE CITY OF FAIRMONT’S FISCAL YEAR 2015-2016 CITY BUDGETS: GENERAL FUND, PARKING FUND, COAL SEVERANCE AND OUTSIDE AGENCIES Mayor Straight entertained a motion for the adoption of a resolution approving the City of Fairmont’s Fiscal Year 2015-2016 City Budgets. Motion: Councilmember Weber 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 Mainella. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Mason read a statement he had prepared. He said that he would like to clarify his concern about the budget. Mr. Mason said that he was the son-in-law of a retired Fire Chief in Ohio, a brother of a former Sheriff in Tyler County and the brother-in-law of a retired undercover agent for the FBI. He said that he has a great deal of respect for firefighters and law enforcement service people. He said that he is deeply troubled by the lack of secured funding for the fire and police pensions and we must find a way to make this solvent. He went on to say that it is not a short-term solution or an easy solution but we must work together to find a solution for this problem. He mentioned that these men and women have worked hard 8 and continue to work hard for the citizens of Fairmont and they deserve the pensions that they were promised that would be there. He said that he joins the Council in expressing deep concern about the problem of not having a properly funded pension and we must find a way to solve this problem. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Weber Yes Councilmember Warner Yes Councilmember Linger Yes Councilmember Moran Yes Councilmember Burdick Yes Councilmember Yann Yes Councilmember Mainella Yes Councilmember Mason Abstain Mayor Straight Yes The Mayor declared the resolution adopted by majority vote of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ACCEPTANCE OF AN AWARD FROM THE WEST VIRGINIA DEVELOPMENT OFFICE COMMUNITY DEVELOPMENT DIVISION’S COMMUNITY PARTICIPATION GRANT PROGRAM ON BEHALF OF FAIRMONT COMMUNITY DEVELOPMENT PARTNERSHIP, INC. FOR THE 517 FAIRMONT AVENUE BUSINESS INCUBATOR PROJECT Mayor Straight entertained a motion for the adoption of a resolution authorizing the acceptance of a grant award from the WV Development Office on behalf of the Fairmont Community Development Partnership. 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 Linger. 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: ONE APPOINTMENT, MAIN STREET FAIRMONT BOARD OF DIRECTORS Mayor Straight entertained a motion for an appointment to the Main Street Fairmont Board of Directors. 9 Motion: Councilmember Burdick moved to appoint Councilmember Marianne Moran to the Main Street Board of Directors. The motion was seconded by Councilmember Weber. Roll call was taken by the Clerk. The Mayor declared Councilmember Marianne Moran appointed to the Main Street Fairmont Board of Directors by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mainella moved at 7:40 p.m. to adjourn this meeting to Tuesday, April 21, 2015 at 4:30 p.m. in order to approve the Levy Rates. The motion was seconded by Councilmember Weber. The Mayor declared the meeting adjourned until 4:30 p.m., Tuesday, April 21, 2015 by voice vote of Council. 10