City Council

June 23, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 23th 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 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. Absent: Third District Robert (Rob) Linger Also present were: Interim City Manager Janet L. Keller Interim City Clerk Paula Friend City Attorney Kevin Sansalone Finance Director Eileen Layman Interim City Planner Mark Miller Police Chief Kelley Moran IN RE: EXCUSE COUNCILMEMBER LINGER Councilmember Burdick moved to excuse Councilmember Linger from tonight’s meeting. The motion was seconded by Councilmember Mainella. The Mayor declared Councilmember Linger excused from this meeting by voice vote of Council. 1 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 Regular Meeting held on June 9, 2015. He asked if there were any corrections, deletions, or amendments. Councilmember Warner moved to approve the minutes as submitted. The motion was seconded by Councilmember Burdick. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. ANNOUNCEMENTS IN RE: FATHER’S DAY Councilmember Burdick stated he hoped everyone enjoyed their Father’s Day. He mentioned that he went to St. Vincent’s College to watch the Blue Angels. He noted in two weeks, the Steelers Training Camp opens. IN RE: JEFFERSON AVE INTERSECTION Councilmember Burdick said a while back that former Councilmember Garcia asked for a traffic camera. He noted that a lot of traffic run the lights going up Jefferson Street. He then suggested to park a police car there and have an officer at that location so there is some awareness. IN RE: CITY BOARD SEATS HELD BY JAY ROGERS Councilmember Burdick asked if we looked at what boards and commissions that Jay Rogers was serving on and representing the City. 2 IN RE: TEAMSTERS BUILDING DEMOLITION Councilmember Mason said he noticed the former Teamsters building was down. He added that it will improve the site of our town. Councilmember Weber stated that he was glad to see the Teamsters building down as well. IN RE: FAIRMONT AVENUE PAVING Councilmember Mason stated that he was very happy to see the Fairmont Avenue progress. He mentioned the sidewalks, the ramps, and the scratching off of the surfaces means that we are very close to paving. IN RE: NEW LIBRARY STEPS Councilmember Weber said that he was very thankful for the new steps being constructed at the Marion County Library. IN RE: NEW CITY MANGER AND CITY CLERK Councilmember Weber stated that he thought Fairmont was the first major City Council to have a female as a City Manager in this state and he was very happy about that. He then welcomed our new City Manager and our new City Clerk Paula Friend. Councilmember Warner said she would like to congratulate both Janet Keller and Paula Friend to their new positions. IN RE: PENSION DEFECTS Councilmember Weber suggested the need to have some Executive meetings to address some of our current pension defects. He added that we need to get working on those right away and did not see a reason to delay that whatsoever. IN RE: DEMOLITION FUND Councilmember Weber said, in February, we talked about moving money from the road fund to the demolition fund for dilapidated structures. He said 3 that Council needs to adapt a new priority list so we can deal with some of the neighborhoods in the nine Council areas. He said the BAD buildings team has been working on this for over a year and they have a list with about 315 structures that either need repaired or demolished. He stated that Council needs to put this money into the BAD building project so we can attempt to repair or demolish these buildings. Councilmember Weber went on to say that City Council is the responsible party for what happens in the City and the nine Councilmembers are the ultimate decision-makers having to do what happens in the City and we need to take the initiative and get started on this project. IN RE: TRI-DATA REPORT Councilmember Weber stated we need to have an Executive Session about the Tri-Data report that came out and discuss the issues having to do with the report on the Fire Stations. IN RE: REPUBLIC SANITATION Councilmember Weber said the City Council needs to invite a member of the Republic Sanitation and talk to Council about the recycling and the rollaway receptacles that were talked about a year ago and we have yet to see any of these receptacles. He noted that they need to explain to Council where they are going and when it will happen with these programs. Mayor Straight said former City Manager Jay Rogers had met with Republic Waste and they have had a change in their Management team and we should be seeing a big difference in their service. CITIZEN’S PETITIONS IN RE: LOCK AND DAM TOUR LANA SMITH, addressed Council regarding the Lock and Dam situation with the Hildebrand and Opekiska. She thanked Council for their support for the continued operation of our local lock and dams. She said because of the support, all of the municipalities along the Tygart, West Fork and Monongahela Rivers, the Army Corp of Engineers and the UMRA have been able to work closely together to be able to allow the locks to be open for passage by pleasure boaters. Ms. Smith then invited Council to participate in an organized boat trip leaving from the Star City dock on Saturday, June 4 27th and to show them exactly what they have been supporting. She told Council they will have the ability to see this system up close and understand how it all works. She noted that other city and county officials from the region will also be attending the event. Councilmember Mainella reported that he was invited to go on the Upper Monongahela River Association boat and it was very informative. He mentioned that they talked about the quality of the water, how much salt goes into the water from the coal mining and talked about the overall health of the river. He added that it was a good three hours and a lot of good information was exchanged and he learned a lot and will continue to support the funding the locks in order for them to stay open. CITY MANAGER’S REPORT IN RE: MUNICIPAL LEAGUE BOARD MEETING Interim City Manager Keller reported that she and Mayor Straight attended the West Virginia Municipal League Board of Directors meeting in Beckley on June 18 and 19. She said that she will prepare a report of what was discussed and include it in the Weekly Update on Friday. IN RE: FAIRMONT AVENUE PAVING PROJECT Ms. Keller reported that the DOH paving project is underway on Fairmont Avenue. She added that the curb cuts are getting finished and the street has been milled getting ready for paving. IN RE: 2015 PAVING PROJECT The Interim Manager announced that the City’s 2015 paving project is to begin the end of July. She noted that it has been delayed due to the weather conditions and because of several other projects that Stone Paving had to finish before moving to our area. IN RE: SIDEWALK REPLACEMENT ON MONROE STREET Ms. Keller reported that with the delay in paving, Public Works Department has been installing a new sidewalk on Monroe Street below the Marion County Library and they will begin to work on the new parking lot in front of 5 the Adams Street Parking Garage once they finish the Monroe Street project. IN RE: DEMOLITION OF TEAMSTERS BULIDING The Interim Manager reported that the demolition of the Teamsters Building on Jackson Street would be completed and clean up in two weeks. IN RE: WALKABLE BLOCK EVENT The Manager reported that there will be a Walkable Block event held on Saturday, June 27th starting at 11:00 a.m. at Veterans Plaza. She noted this will include live music, raffles, and a walking tour of the newly painted crosswalks. IN RE: MERCHANT STREET PROEJCT Ms. Keller reported that Phase One of the Merchant Street Improvement Project is getting underway. She mentioned that the project includes antique lights, new fencing, rain gardens, removal of the old guardrail, a new set of steps going to the parking area on Water Street and the re- striping of the lines in the parking lot. IN RE: 4TH OF JULY CELEBRATION Ms. Keller reported that the gates will open at 3:00 p.m. at Palatine Park for the 4th of July celebration. She noted that various bands will perform throughout the day with fireworks to begin at 10:00 p.m. IN RE: DEPARTMENTS COMMENDED The Interim Manager thanked the Police Department, Fire Department, Public Works and the Utility Departments that were called out during the recent storms. She said they did a remarkable job taking care of the trees that were down, traffic control and minor flooding. She added that the City of Fairmont has wonderful employees and great Department Heads and they should be commended and we are thankful that we have the great employees that we do. IN RE: PENSION MEETINGS 6 Ms. Keller stated that meetings addressing the Pension defects will be held in August when the Home Rule work sessions are scheduled. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2015-2016 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for July 14, 2015 for a General Fund Budget Revision. Councilmember Mainella moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Weber seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Councilmember Mason said that it looks to him like we have approximately $1 million carry-over and that $400,000 of that is going to the rainy day fund. He asked if there was any consideration of using some of that money to address some of the pension fund deficits. Eileen Layman, Finance Director, replied no, there has not been any for this budget revision. She said that she put this budget revision together similar to the way the carry-over for FY14-15 was completed leaving us with a Contingency of $150,000 and the $400,000 that was moved in the rainy day fund, we always wait until the end of the fiscal year before we actually do that in case that money needs to be used for some other purpose. Councilmember Mason said that he loves the carry-over going into the rainy day fund, which is terrific. Mayor Straight noted that was a good question but that is something that we will probably address when we get back in to the pension issues. Mayor Straight noted that all cities are having problems with the pension plans, it’s just not the City of Fairmont. 7 The Mayor declared the public hearing set for July 14, 2015 by voice vote of Council. IN RE: INTRODUCTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2015-2016 ANNUAL BUDGET: COAL SEVERANCE Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for July 14, 2015 for a Coal Severance Budget Revision. Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Weber seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for July 14, 2015 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE PARTICIPATION GRANT PROGRAM ON BEHALF OF THE CITY OF FAIRMONT POLICE/GUN RANGE Mayor Straight entertained a motion for the adoption of a resolution authorizing the submission of a grant application on behalf of the Police Department for the police shooting range. Motion: Councilmember Mainella 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 Mason. The Clerk read the proposed resolution by synopsis for the first time. Discussion: 8 Councilmember Burdick asked where the police gun range was going to be located. Chief Moran replied at the old Poor Farm on East Side. He explained that the City received 42 acres in exchange for the old range. Kevin Sansalone, City Attorney, noted that it is being leased from the County and the City of Fairmont will not be the title holder. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING THE CITY’S SUPPORT FOR THE DESIGNATION OF A PORTION OF THE WEST FORK RIVER AS THE WEST FORK RIVER WATER TRAIL SYSTEM; DISCLAIMER Mayor Straight entertained a motion for the adoption of a resolution supporting the West Fork River Water Trail System. 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 Warner. 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 those Councilmembers present. IN RE: ONE RE-APPOINTMENT, MARION COUNTY PUBLIC LIBRARY TRUSTEE BOARD, FIVE-YEAR TERM TO END JUNE 30, 2020 Mayor Straight entertained a motion for one appointment to the Marion County Public Library Board for a five-year term ending June 30, 2020. Motion: 9 Councilmember Burdick moved to re-appoint Dixie Yann to the Marion County Public Library Board for a five-year term ending June 30, 2020. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk. The Mayor declared Dixie Yann re-appointed to the Marion County Public Library Board for a five-year term ending June 30, 2020 by unanimous vote of those Councilmembers present. IN RE: TWO RE-APPOINTMENTS, ICC BOARD OF APPEALS, TO SERVE AS ALTERNATES, FIVE-YEAR TERMS TO END JUNE 12, 2020 Mayor Straight entertained a motion for two re-appointments to the ICC Board of Appeals for five-year terms ending June 12, 2020. The Mayor noted that this two appointments will serve as alternates on this board. Motion: Councilmember Moran moved to re-appoint Jim Emerick and Ed Simmons to the ICC Board of Appeals as alternates for five-year terms ending June 12, 2020. The motion was seconded by Councilmember Burdick. Roll call was taken by the Clerk. The Mayor declared Jim Emerick and Ed Simmons re-appointed as alternates to the ICC Board of Appeals for five-year terms ending June 12, 2020 by unanimous vote of those Councilmembers present. IN RE: EIGHT (8) RE-APPOINTMENTS, ARTS AND HUMANITIES COMMISSION; ONE (1) RE-APPOINTMENT TO END JUNE 30, 2016, TWO (2) RE-APPOINTMENTS TO END JUNE 30, 2017; FIVE (5) RE-APPOINTMENTS TO END JUNE 30, 2018 Mayor Straight entertained a motion for eight re-appointments to the Arts and Humanities Commission for the following terms: one (1) re- appointment to end June 30, 2016, two (2) re-appointments to end June 30, 2017; five (5) re-appointments to end June 30, 2018. Motion: 10 Councilmember Weber moved to re-appoint the following:  Rhonda Sanford for a term ending June 30, 2016;  Linda Turchin and Amanda “Mandy” Steele for terms ending June 30, 2017;  Faith Bowyer, Susan Haley, Judy Byers, Kathy Dunn and Jack Hussey for terms ending June 30, 2018. The motion was seconded by Councilmember Burdick. Roll call was taken by the Clerk. The Mayor declared Rhonda Sanford, Linda Turchin, Mandy Steele, Faith Bowyer, Susan Haley, Judy Byers, Kathy Dunn and Jack Hussey re- appointed to the Arts and Humanities Commission for the terms that are listed above by unanimous vote of those Councilmembers present. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mainella moved to adjourn the meeting. The motion was seconded by Councilmember Mason. The Mayor declared the meeting adjourned by voice vote of Council at 7:44 p.m. 11