City Council

June 9, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of June, 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 Sansalone Finance Director Eileen Layman IN RE: OPENING CEREMONIES Rev. D.D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Mason. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Special Meeting held on May 26, 2015 and from the Regular Meeting also held on May 26, 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 Yann. The Mayor declared the minutes approved as submitted by voice vote of 1 Council. PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR THE TRANSFER TO THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, A PUBLIC BODY CORPORATE AND POLITIC, THOSE CERTAIN PARCELS OF REAL ESTATE OWNED BY THE CITY OF FAIRMONT, IN THE CORPORATE LIMITS OF THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, SITUATE AT OR NEAR THE INTERSECTION OF WATER STREET AND FERRY STREET EXTENDED Pursuant to a notice duly published in the Times-West Virginian on June 1, 2015, a public hearing was convened to obtain citizen input on an ordinance providing for the transfer of the boat ramp property to the Marion County Commission. The Mayor asked if anyone present desired to speak to the proposed ordinance. JAY ROGERS, City Manager, stated the ordinance provides authorization to make the transfer of the property that is commonly known as the boat ramp to the Marion County Commission so they can continue the improvements that they are making in that area. There being no one else to speak, the public hearing was called to a close at 7:05 p.m. ANNOUNCEMENTS IN RE: CROSSWALKS IN FAIRMONT Councilmember Mainella noted that the crosswalks that have been painted are very creative and looks nice. Councilmember Weber stated that he appreciates crosswalk art as a nice way to show what artists can do if given the opportunity. He said they are all different, artistic and amusing. IN RE: QUARTERLY MEETING 2 Councilmember Mason reminded everyone of his June 30th quarterly open meeting at the Women’s Club beginning at 5:00 p.m. Councilmember Weber noted that the citizens can also come to the June 23 Council meeting and express their wishes at that meeting. IN RE: APOLOGY TO COUNCIL Councilmember Weber asked Council to accept his apology for voting no on the motion to go into Executive Session at the last meeting. He said when the City Clerk called the roll on the motion, he was reading something unrelated to city business and his mind was somewhere other than the motion. IN RE: HISTORICAL SOCIETY COMMENDED Councilmember Weber commended Dora Grubb and the Marion County Historical Society’s presentation of Amelia Earhart. IN RE: JAY ROGERS COMMENDED AS CITY MANAGER Councilmember Weber commented on the resignation of City Manager Jay Rogers. He said thanks for the past six years as the leader of our City of Fairmont. He told Mr. Rogers that he has been the most progressive and innovative City Manager we have had. He said that Fairmont will be successful thanks to his leadership and wished him the best of luck in the future. Councilmember Warner also agreed with Councilmember Weber. She said that she has always been able to call him and he never failed to return her calls with the proper answer. She thanked him personally as well as professionally for everything that he has done for her. Councilmember Moran thanked Mr. Rogers for his years of service as the City Planner and City Manager. She noted that he will be missed and wished him luck in the future. Councilmember Yann stated that when he first came on Council, he told Mr. Rogers that he was not going to wear a tie because he always had to wear a tie every day to work and Mr. Rogers said to wear whatever he wanted to. Councilmember Yann said tonight he is wearing a tie in respect to Mr. 3 Rogers. Councilmember Linger stated that he has only worked with Mr. Rogers for a short period of time and it has always been good. He said that he has always answered his phone calls and always got things taken care of very quickly. He then wished him luck in his future endeavors. Councilmember Burdick said that as City Manager’s go, the longevity in their jobs aren’t really that long and when we hired Mr. Rogers as the City Manager, we knew the clock was ticking at that time. He said that he could not say no to the City Manager position at that time and that is where he was needed and deserved to be at but we know at that point the clock was ticking and we would lose him at some point. He then stated that the City has definitely moved forward with Mr. Rogers as our leader. Mayor Straight said the City of Fairmont has been blessed to have him here for 17 years. He then wished him well in his next endeavor and said it will be a hard bar to live up to for the next person. He noted that we will continue to move forward with the rest of the administration. IN RE: UTILITY POLE ON PENNSYLVANIA AVENUE Councilmember Burdick noted that he was still upset with Frontier and their contractor for installing a pole in the middle of the sidewalk in the 1200 block of Pennsylvania Avenue. He mentioned that they tore up the sidewalk and still have not repaired it. CITIZENS PETITIONS IN RE: JAY ROGERS COMMENDED TRAVIS BLOSSER, City Manager of Shinnston, presented a plaque to Mr. Rogers on behalf of the WV City Manager’s Association. He said that he has worked with Mr. Rogers for the past several years and is truly amazed by his character and Mr. Rogers has been a tireless advocate for not only his City but for every City in the State of WV. He then wished him the best of luck on his future endeavors. IN RE: WEST FORK RIVER TRAIL MIKE MURPHY, a resident of Lumberport, WV and a member of the 4 Guardians of the West Fork River, addressed Council regarding the West Fork River water trail. He explained that the West Fork River promoted tourism and draws visitors from outside the region and this benefits the local businesses and property values in the area. He said the Water Trail is a route for boaters on a stretch of river that has been mapped and contains facilities that enable access, points of interest and informational resources. He then asked City Council to adopt a resolution at the next meeting supporting the designation of the West Fork River Water Trail system. CITY MANAGER’S REPORT IN RE: FARMERS MARKET Mr. Rogers reported that the Farmers Market is open at the Veteran’s Plaza on Tuesday’s from 4:00 p.m. to 6:00 p.m. and on Saturday’s from 9:00 a.m. to 11:00 a.m. IN RE: PAVING PROJECT The Manager said that we are still waiting for the contractor to set a firm date for the paving project to begin. He said the rain over the last couple of weeks has delayed them since they are involved in several State projects. He noted that we are hoping to get a firm date from them as soon as possible. IN RE: 4TH STREET BRIDGE Mr. Rogers said that we have received word today from the DOH that the final plan review for the utility relocation of the 4 th Street Bridge is set for next week. He noted that portions of the project will be out and he hoped that they will be able to stick to their original date to let the project by the end of this calendar year and begin some demolition work to get that project moving forward. IN RE: THANK YOU FOR KIND WORDS Mr. Rogers thanked Council for all of their kind words. He noted that it was easier to say that you are not going to say anything because it is emotional. He said that he has 17 years with the City and has been every blessed to work with a lot of individuals from Councilmembers to Mayors to City staff and that has been the most enjoyable part. He stated that he has 5 mentioned in the City Manager’s meetings that he has been blessed to probably work with some of the brightest, best educated, and credentialized people that you have in municipal government in West Virginia. He told Council to have people on staff that you do, you are very, very fortunate and there are a lot of City Manager’s around this State that envy the staff that we have in Fairmont. He went on to say that the methods sometimes are a little different but he can guarantee that everything that we have done and that they do on a daily basis is in the best interest of the community has a whole and it is for the greater good of the community. He closed by saying that it has been a privilege and an honor to serve as the City Manager and the City Planner and a lot of great relationships have been formed. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE TRANSFER TO THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, A PUBLIC BODY CORPORATE AND POLITIC, THOSE CERTAIN PARCELS OF REAL ESTATE OWNED BY THE CITY OF FAIRMONT, IN THE CORPORATE LIMITS OF THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, SITUATE AT OR NEAR THE INTERSECTION OF WATER STREET AND FERRY STREET EXTENDED Mayor Straight entertained a motion for the adoption of an ordinance providing for the transfer of the boat ramp property to the Marion County Commission. Motion: Councilmember Warner 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. 1643 was duly adopted. IN RE: ADOPTION, AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR A PLAN OF CONTINUITY OF OPERATIONS AND THE TEMPORARY ALLOCATION OF DUTIES AND RESPONSIBILITIES AND THE ASSIGNMENT OF CITY DEPARTMENTS AMONG CERTAIN CITY EMPLOYEES UNTIL A NEW CITY MANAGER IS SELECTED, QUALIFIED AND APPOINTED 6 Mayor Straight entertained a motion for the adoption of an emergency ordinance providing for a continuity of operations plan and the temporary allocation of duties and responsibilities of certain departments until a new City Manager is selected and appointed. Motion: Councilmember Weber moved for the adoption of the proposed emergency ordinance and the reading of a synopsis in lieu of the entire ordinance. The motion was seconded by Councilmember Mainella. The Clerk read the proposed emergency ordinance by synopsis for the first time. Roll call was taken by the Clerk. The Mayor declared the emergency ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1644 was duly adopted. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF PROVIDING FOR THE ESTABLISHMENT OF A SEARCH COMMITTEE FOR THE PURPOSE OF ASSISTING CITY COUNCIL WITH THE IDENTIFICATION OF A NEW CITY MANAGER Mayor Straight entertained a motion for the adoption of a resolution providing for the establishment of a search committee for the purpose of hiring a new City Manager. 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 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: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING AND APPOINTING AN INTERIM CITY MANAGER 7 Mayor Straight entertained a motion for the adoption of a resolution approving and appointing an Interim City Manager. 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 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 with Janet L. Keller being named as the Interim City Manager. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING AND APPOINTING AN INTERIM CITY CLERK Mayor Straight entertained a motion for the adoption of a resolution approving and appointing an Interim City Clerk. Motion: Councilmember Linger 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 Weber. 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 with Paula Friend being named as the Interim City Clerk. 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 7:45 8 p.m. 9