City Council

April 28, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 28th day of April, 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: City Manager Jay Rogers City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Finance Director Eileen Layman City Planner Kathy Wyrosdick IN RE: OPENING CEREMONIES Councilmember Mainella gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on April 14, 2015 and from the Levy Meeting held on April 21, 2015. He asked if there were any corrections, deletions, or amendments. Councilmember Moran moved to approve the minutes as submitted. The motion was seconded by Councilmember Yann. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT, AMENDING AND SUPPLEMENTING ORDINANCE NO. 1366, MORE PARTICULARLY, PART THIRTEEN – PLANNING AND ZONING CODE INCLUDING CHAPTER ONE – ZONING ADMINISTRATION, CHAPTER THREE – DISTRICT REGULATIONS, AND CHAPTER FIVE – SUBDIVISION REGULATIONS, TO UPDATE AND AMEND VARIOUS SECTIONS OF THE CODE AND TO UTILIZE THE NEW CLEARZONING FORMAT Pursuant to a notice duly published in the Times-West Virginian on April 20, 2015, a public hearing was convened to obtain citizen input on an ordinance to utilize the new Clearzoning Code format. The Mayor asked if anyone present desired to speak to the proposed ordinance. KATHY WYROSDICK, City Planner, spoke in favor of the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE FORM OF THAT CERTAIN PARKING LEASE TO COMMENCE MAY 1, 2015, BY AND BETWEEN THE CITY OF FAIRMONT AND THE STATE OF WEST VIRGINIA BY THE DEPARTMENT OF ADMINISTRATION, REAL ESTATE DIVISION, FOR 158 PARKING SPACES WITHIN THE ADAMS STREET PARKING GARAGE LOCATED AT 405 ADAMS STREET, FAIRMONT, MARION COUNTY, WEST VIRGINIA; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LEASE ON BEHALF OF THE CITY OF FAIRMONT; AND RATIFYING ALL PRIOR ACTS TAKEN IN FURTHERANCE OF THE TRANSACTION Pursuant to a notice duly published in the Times-West Virginian on April 20, 2015, a public hearing was convened to obtain citizen input on an ordinance to lease 158 parking spaces in the Adams Street Parking Garage to the State of WV. The Mayor asked if anyone present desired to speak to the proposed ordinance. 2 Mr. Rogers stated that this is the last set of documents that are needed to finalize the transaction that the Fairmont Parking Authority has went through with the State of West Virginia. He noted that the move in date is scheduled for the end of this week with some employees beginning to move in on Thursday, some on Friday, and starting the full force the beginning of May. He explained that 158 spaces will be utilized for the State and with our monthly spaces, it will put us in the 185 to 190 range of the 225 spaces that are in the garage. There being no one else to speak, the public hearing was called to a close at 7:13 p.m. IN RE: AN ORDINANCE AUTHORIZING THE RENEWAL OF THAT CERTAIN LETTER OF CREDIT, NO 2001-525, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT Pursuant to a notice duly published in the Times-West Virginian on April 20, 2015, a public hearing was convened to obtain citizen input on an ordinance to renew the Letter of Credit issued by Wesbanco Bank for the City of Fairmont’s Workers Compensation Act. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, Finance Director, spoke in favor of the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:14 p.m. ANNOUNCEMENTS IN RE: WATER DEPARTMENT COMMENDED Councilmember Moran recognized the City Manager and the Water Department for their prompt response to a citizen complaint that she received about ten days ago and it was taken care of very quickly. She noted that she even received a “thank you” card in the mail from that resident. 3 IN RE: SCOUT IN ATTENDANCE Councilmember Linger welcomed Hunter Meek and his mother, Christine Meek. He stated that Hunter was in attendance in pursuant of his Citizenship in the Community Merit Badge. IN RE: SIGN ON I-79 Councilmember Burdick reported that a sign along I-79 is incorrect for the Downtown Exit. IN RE: UTILITY POLE IN SIDEWALK Councilmember Burdick mentioned that a contractor for Frontier installed a telephone pole in the middle of the sidewalk on Pennsylvania Avenue. He said that you have to walk out into the road to get around the telephone pole. IN RE: COUNCILMEMBER MASON’S TOWN MEETING Councilmember Burdick stated that last week it got a little heated on the discussion of Councilmember Mason’s town meeting. He said that he did not think it violated the Sunshine Laws and it was covered by the First Amendment of Free Speech, however, when you do have events like that and you are out in the public, you had better expect the unexpected and there are too many questions in the negative aspect. He said that it comes down to being a negative event instead of a positive event of getting information out. IN RE: HONOR OF VETERANS Councilmember Warner stated that she went to Heather Neal’s farm on Zion Road and she had planned and was in charge of presenting dog tags and a flag to the 37 parents and wives and children of soldiers that have been killed recently. She said they presented them each with two dog tags and planted the trees and even planted trees for the people that were not able to do it themselves. She said one dog tag will be left on each tree and the people, when the apples come on, can come out and feel free to pick the apples. She noted that it was a great event in honoring our Veterans. 4 IN RE: MAKE MARION SHINE DAY Councilmember Weber thanked Jackie Fitch who was in charge of Make Marion Shine Day. He said that he appreciated all of the work from the volunteers. IN RE: TIME WARNER AND COMCAST MERGER Councilmember Weber reported that the Time Warner and Comcast merger did not go through and will not get to become a huge monopoly. He said that citizens have a hard time paying for utilities as it is and if Time Warner and Comcast had become a large monopoly, you would be paying more and getting a lot less because of the monopoly. IN RE: DEMOLITION OF HOME ON LOCUST AVENUE Councilmember Weber mentioned the demolition of the McCoy property on McCoy Street and Locust Avenue. He noted that this house was probably built in 1851 and stood there since that time and was one of the few last historical houses in Fairmont from that period in history and he shared his lament that the house is gone and there will be a very ugly apartment probably in its place. He mentioned that we have a Historical Society, a Landmarks Commission and nothing came of this and he wished that there had been more public knowledge of this particular destruction of this house. He closed by saying that it was a shame to see another historical property in Fairmont disappear without much cry out. IN RE: TOWN MEETING Councilmember Mason said concerning his March 31st open forum, it was a wonderful event and very positive and some great comments were made, constructive comments. He stated as far as whether there is a concern he is violating the Open Meeting Laws or Sunshine Laws, he suggested to send it up to the Ethics Commission and find out whether it is a violation and that way we won’t wonder. He noted that his next meeting will be the end of June and he suspects that it will be a very similar meeting, very peaceful, very calm, very constructive, very productive, with no meanness permitted. He went on to say that regarding the comments from the last meeting, when 5 he hears simple, simple arrant attacks directed at him, they are typically not of value to warrant a response; however, when that babble is based on false assumptions and assertions leading to a false narrative and a falsified record, he must set the record straight. Councilmember Mason said: “Counter to the false assumptions and assertions made by Mr. Weber concerning my March 31, 2015 open forum event, there was no open forum discussion on changing our town’s form of government and there was no discussion on getting rid of the City Manager, the City Attorney, and the City Planner. While Mr. Weber wasn’t even in attendance at my open forum, he seemed convinced that what he was falsely asserting was true. Motives for such false assertions, whether they being malicious or simply gross incompetence will be determined and judged by others. I would simply advise that when you have others write for you, write words for you to speak, it is incumbent on the author and the speaker to assure truthfulness.” Councilmember Mason went on to say: “While we are setting the record straight, allow me to correct another set of errant assertions. Early in my tenure on Council, I noticed the town budget process which was just beginning for the 2015-2016 budget year. Council had no opportunity to consult and advise the Administration of budget priorities held by Council. We, the elected representatives of the citizens of Fairmont, not at the beginning of the budget process but waited until the budget process was essentially finished. As you might know, the Mayor would not allow discussion on that topic. If we had been permitted to have discussion, my priorities would have included addressing pension debt and the ADA requirement in order to get Fairmont Avenue paved. Subsequently, I made a formal written proposal to the administration and to Council and the proposal was two pronged. One, reduce the 2014-15 budget by 3% and use that reduced budget as the base going forward. Savings would be used to begin, only begin, to address the Police and Fire pension deficit which is fast approaching $60 million. Two, if, and I underline if, the first prong of the proposal had been accepted, then the reduction should begin at the top. In other words, the pay for City Council should be reduced. In other words, if we reduce the City budget and City Council should experience a reduction as well. I was informed by the City Administrator that my proposal was discussed with the Mayor and consensus was to not consider my proposal at all. In other words, my proposal to reduce the City’s budget and Council pay to start addressing the pension debt would not be discussed publicly nor at a work session. Since the time of the Mayor’s refusal to openly discuss my 6 proposal, I have heard no complaints or comments from Councilmembers on the proposal to reduce the City’s budget, not one comment yay or nay on the proposal to reduce the City’s budget and move forward. But I have been figuratively crucified for suggesting a reduction in Council pay, if, there is a reduction in the City budget. Think about that. Think about that for just a minute. No comment, good or bad, from any Councilmember about the proposed budget reduction but absolute hatred and tyrants for suggesting a coupling with Council pay reduction. What does that tell you about at least a couple of our Councilmembers in terms of their priorities?” Councilmember Mason went on to say: “Now, for real town business. Mr. Rogers, we have asked for a public report on the ADA requirements on Fairmont Avenue, perhaps you will get to it tonight. In order to get Fairmont Avenue paved, I understand that it is a State project but I also understand we, that the City, are required to bring the curb and sidewalks and ramps to ADA. If I am mistaken, please correct me when I am finished. Secondly, during a work session, the Administration was asked to submit a plan to address the nearly $60 million pension deficit. I would like to know where we are on that process.” Councilmember Mainella stated he thought Mr. Mason’s suggestion for the budget was his suggestion and our suggestion was what we passed and we passed it because we liked it and it made sense for the City. He said that we did not have to decrease any City services for this so called 3% reduction that Mr. Mason talked about and we talked at the work session that we are definitely going to address the pension problem and we just can’t fix it in a week or in a month. He noted that it was definitely on our minds and it is going to happen. IN RE: THREE RIVERS FESTIVAL PARADE Mayor Straight noted that each Councilmember received an invitation for the Three Rivers Festival. He said that if any Councilmember would like to ride in the parade, please get in touch with the City Clerk, the City Manager or himself. IN RE: MAKE IT SHINE DAY The Mayor thanked everyone for volunteering in Make It Shine Day. He noted that what is disturbing is that when you go back out the next day and go on the same route, the trash is back out. He noted that what is 7 disgusting is that after you spend all of that time cleaning up the area, the trash is back the next day because some people do not care. IN RE: KATHY WYROSDICK’S RESIGNATION The Mayor announced that Kathy Wyrosdick, City Planner, will be leaving the City of Fairmont in mid-May. He stated that she has dong a bang up job as far as getting everything back up to speed and he thanked her for her service to the City of Fairmont. CITIZENS PETITIONS IN RE: AFFORDABLE HOUSING PLAN JOSH HUGHES, with Miller Valentine Group, addressed Council regarding affordable housing in Fairmont. He said that his company is planning a project across from Windmill Park and they plan to redevelop it into 30 single family homes. He went on to say that Miller Valentine has been in business for over 50 years and manage a little over 12,000 apartment units with on-site management. He said that they have one project under construction right now in Parkersburg and one getting ready to start construction next month in Clarksburg. He said that the project that they are proposing is very similar to Clarksburg and will be offering home ownership. He added that when doing a project, they employee local subs to do the construction and anticipate about 75 jobs through the construction period and will be about a $6 million project. Mr. Hughes said that they will be mostly four-bedroom town homes, single family homes and will be cleaning up the eyesore of the site that is there now. IN RE: FSU FUNDRAISER ROSETTA KOLAR AND LISA ALLEN addressed Council regarding a fundraising project for Fairmont State University. Ms. Kolar said that that the Civil Engineering Program is one of the outstanding programs that they have and Ms. Allen is one of the students in that department. She said that they have 18 students working on a concrete canoe and race it in competition. Ms. Allen said that all year they build and construct this concrete canoe and build it to specs in a timely manner. She said that they race it in April and 8 go to regionals every year and race against 14 other schools in their region. She said that they are having a benefit dinner to raise money to help with their competition. She said that a fundraiser will be held on Friday, May 1 st at 5:30 p.m. at Muriale’s Restaurant. She then invited all Councilmembers to attend. IN RE: NEIGHBORHOOD ASSOCIATIONS WARREN HILBOS, a resident of Bellview, addressed Council regarding a Neighborhood Association. He said that the group is interested in building Neighborhood Associations here in Fairmont and the group will be known as “Neighbors in Action”. He said that they are a community group interested in building neighborhood associations here in Fairmont and growing community and good Government from the ground up. He mentioned that they are here to help their neighbors and to make neighborhoods better. He said that they recognize that Councilmembers are the leaders and wanted to ask them to actively help in building a better community. CITY MANAGER’S REPORT IN RE: PAVING OF FAIRMONT AVENUE Mr. Rogers said that is a State project and the City of Fairmont does not have any responsibility in making sure the sidewalks meet that ADA compliance. He said what we were asked to do by the State in the very beginning was to perhaps participate in the project from a funding standpoint should the State need participation. He added that it is not solely on our responsibility to do that; it is a State project. Councilmember Mason asked when we expect to have some movement on it. Mr. Rogers replied that they are out to bid right now and are anticipating the bid sheet to come in next week and possible award that bid and hope to have it done by this calendar year. He said that it will be a process and most likely the first milling for all of Fairmont Avenue, then installing the necessary ADA ramps and then the final paving will take place. Councilmember Mason said good and hopefully that can get in the paper. Councilmember Mainella noted that most of that is already ADA compliant. 9 Mr. Rogers said there is about 70 ramps that will have to be installed. He said at a driveway, you have one on each side and as you have the intersection where is will come up from each cross street, you actually end up with two because the ramp has to lead you to where you can cross Fairmont Avenue and then you can cross the side streets. IN RE: PENSION REPORT Mr. Rogers reported that there was a detailed report that was provided to Council several months ago and it went through the history and went through the proposals and actions that have been done to date. He said the part where during Council, which a lot of the members here where not seated at that time but that Council did prioritize the Home Rule Plan that provided the discussion of implementing the 1% sales tax and dedicating those revenues to the pension plan and that is what the Council adopted as part of the Home Rule Plan and authorized that submission and it was ultimately approved. He went on to say that next month we will begin to go through those initiatives from the Home Rule Plan. Councilmember Mason stated that he did not think he was on Council. Mr. Rogers told Councilmember Mason that he was given a very detailed packet as well as everyone else. He said that he could recopy it but told Councilmember Mason he was given that report. Councilmember Mason said okay, thank you. IN RE: MAKE IT SHINE The City Manager wanted to thank everyone that participated in Make It Shine. He said that it was a tremendous effort that was going on. He added that it was that time of year where all of us get tired of seeing the winter grime and the mess that is left over and we get the first 50° and 60° days that we get so excited that we want spring to get here and we want everything to be clean and new right away. He noted that we forget that we need to get stable temperatures so we can get the street sweeper out at night so the water does not freeze. IN RE: PAVING PROGRAM 10 The Manager said that we are getting closer to be able to release that final list. He noted that we had several utility conflicts with Water and Sewer but one of the things that Water and Sewer said was that if they can get a little extra time, they think they can get some things done. He added that the crews have been very busy trying to get some streets done that will let us be able to move forward. Mr. Rogers said that over the three seasons that we have had the Street Maintenance Charge, out of our 110 miles of streets, we have paved 43 ½ miles in three years. He mentioned that the program is working. He added that some of the Utilities are going to have to catch up with where we are. He went on to say that we anticipate this year just one pave and we are not going to break into a spring and summer or fall session. The City Manager reported that Public Works has been in the middle of building a couple retaining walls and it is grass cutting season so we will just be paving one plan for this year. He added that he hopes to get the list released by the next Council meeting. IN RE: HIGH LEVEL BRIDGE DECORATIVE LIGHTS Mr. Rogers said the High Level Bridge and decorative lights is a conversation that we have had several times. He reported that we were finally able to receive the “As Built” plans for those decorative lights and seem to have narrowed down what is wrong with the electrical problem but the main factor that we still have to deal with is the water that is penetrating in the electrical room. He said that engineers have come up with installing a sump pump in that room and crews have started working on that this week. He said that once that is installed, then we can go through the process in getting the bulbs, lenses, etc. back on the bridge. IN RE: BOAT RAMPS The Manager still needs to receive some feedback, if you have not done so, about the parcel where the boat ramps are. He mentioned that he needs to get Council’s thoughts and input so he can get back with the County Administrator and talk with him about that project. IN RE: DEMOLITION OF TEAMSTERS BUILDING 11 Councilmember Yann asked if the demolition of the Teamsters Building will interrupt any of the classes at OIC. Mr. Rogers replied that we are still working through the issues with the contractor. He noted that we will actually sit down with the contractor and meet with OIC. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT, AMENDING AND SUPPLEMENTING ORDINANCE NO. 1366, MORE PARTICULARLY, PART THIRTEEN – PLANNING AND ZONING CODE INCLUDING CHAPTER ONE – ZONING ADMINISTRATION, CHAPTER THREE – DISTRICT REGULATIONS, AND CHAPTER FIVE – SUBDIVISION REGULATIONS, TO UPDATE AND AMEND VARIOUS SECTIONS OF THE CODE AND TO UTILIZE THE NEW CLEARZONING FORMAT Mayor Straight entertained a motion for the adoption of an ordinance to utilize the new Clearzoning format. Motion: Councilmember Weber moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. 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. 1639 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE FORM OF THAT CERTAIN PARKING LEASE TO COMMENCE MAY 1, 2015, BY AND BETWEEN THE CITY OF FAIRMONT AND THE STATE OF WEST VIRGINIA BY THE DEPARTMENT OF ADMINISTRATION, REAL ESTATE DIVISION, FOR 158 PARKING SPACES WITHIN THE ADAMS STREET PARKING GARAGE LOCATED AT 405 ADAMS STREET, FAIRMONT, MARION COUNTY, WEST VIRGINIA; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID LEASE ON BEHALF OF THE CITY OF FAIRMONT; AND RATIFYING ALL PRIOR ACTS TAKEN IN FURTHERANCE OF THE TRANSACTION 12 Mayor Straight entertained a motion for the adoption of an ordinance to lease 158 parking spaces in the Adams Street Parking Garage to the State of WV. Motion: Councilmember Weber moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Yann. 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. 1640 was duly adopted. IN RE: ADOPTION, AN ORDINANCE AUTHORIZING THE RENEWAL OF THAT CERTAIN LETTER OF CREDIT, NO 2001-525, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT Mayor Straight entertained a motion for the adoption of an ordinance to renewal the Letter of Credit issued by Wesbanco Bank for the Workers Compensation Act. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Linger. Discussion: Councilmember Burdick asked about Huntington Bank imposing fees on the City. He asked about the outcome of that. Eileen Layman, Finance Director, stated that we have a meeting scheduled for next Tuesday. The City Manager noted that did not have anything to do with this levy. 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. 1641 was duly adopted. 13 IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTING THE "LOCAL COMMUNITY" REVITALIZATION PLAN FOR AFFORDABLE HOUSING FOR FAMILIES FOR THE PROPOSED "RESERVE AT FAIRMONT PROJECT." Mayor Straight entertained a motion for the adoption of a resolution adopting the revitalization plan for affordable housing for families for the proposed “Reserve at Fairmont Project”. Motion: Councilmember Moran 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 Burdick. 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, MARION COUNTY PARKS AND RECREATION COMMISSION, UNEXPIRED TERM TO END DECEMBER 31, 2015 Mayor Straight entertained a motion for one appointment to the Marion County Parks and Recreation Commission for an unexpired term to end December 31, 2015 Councilmember Weber asked, before a motion was made, if Council needs to repeal the Fairmont Parks Commission Board. Mr. Rogers noted that would be a separate issue. He explained that these are appointments that the City already has on MCPARC. He mentioned that the unexpired terms of these two appointments are individuals that have moved out of the area that were City of Fairmont appointees to MCPARC. Motion: Councilmember Weber moved to recommend to the Marion County Commission that Mark Miller be appointed to the Marion County Parks and 14 Recreation Commission for an unexpired term ending December 31, 2015. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk. The Mayor declared that Mark Miller be recommended to the Marion County Commission for appointment to the Marion County Parks and Recreation Commission for an unexpired term ending December 31, 2015 by unanimous vote of Council. IN RE: ONE APPOINTMENT, MARION COUNTY PARKS AND RECREATION COMMISSION, UNEXPIRED TERM TO END DECEMBER 31, 2016 Mayor Straight entertained a motion for one appointment to the Marion County Parks and Recreation Commission for an unexpired term to end December 31, 2016 Motion: Councilmember Linger moved to recommend to the Marion County Commission that Tracy Evans be appointed to the Marion County Parks and Recreation Commission for an unexpired term ending December 31, 2016. The motion was seconded by Councilmember Burdick. Roll call was taken by the Clerk. The Mayor declared that Tracy Evans be recommended to the Marion County Commission for appointment to the Marion County Parks and Recreation Commission for an unexpired term ending December 31, 2016 by unanimous 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 Moran. The Mayor declared the meeting adjourned by voice vote of Council at 8:02 p.m. 15 16