City Council

July 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 July, 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: Interim City Manager Janet L. Keller Interim City Clerk Paula Friend 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 Mainella. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on July 14, 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 Yann. The Mayor declared the minutes approved as submitted by voice vote of 1 Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE CITY OF FAIRMONT TO LEASE 22.708 ACRES OF LAND TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS FROM SAID PROPERTY AND STATE ROUTE 72/4 FROM THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA IN WINFIELD DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING PART OF THE PROPERTY KNOWN AS THE POOR FARM FOR A SHOOTING RANGE FOR THE CITY OF FAIRMONT POLICE DEPARTMENT, AND FURTHER APPROVING THE FORM OF THE LEASE AGREEMENT BETWEEN THE CITY AND THE COUNTY FOR SAID PURPOSE, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. Pursuant to a notice duly published in the Times-West Virginian on July 20, 2015, a public hearing was convened to obtain citizen input on the lease of property for the purpose of developing a shooting range for the Police Department. The Mayor asked if anyone present desired to speak to the proposed ordinance. KEVIN SANSALONE, City Attorney, spoke in favor of the proposed ordinance and discussed the highlights of the proposal. STEVE SHINE, Interim Police Chief, also 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. ANNOUNCEMENTS IN RE: CITY MANAGER’S SELECTION COMMITTEE Councilmember Moran wanted to thank the members of the City Manager’s Selection Committee for their work over the past month. 2 IN RE: MARION COUNTY COMMISSION JOINT MEETING WITH COUNCIL Councilmember Moran said that the City Council and Marion County Commission had a joint work session on March 24th in order to facilitate a better working relationship with the County Commission. She said she would like to see this type of meeting held quarterly to discuss future projects that we could maybe work on together. IN RE: BAD BUILDINGS MEETING Councilmember Yann attended a BAD Buildings meeting last week and he was very impressed with the people that are on the committee. They have some very good solutions for the properties on the list, not that they are all doable, but they are willing to work things out. One lady attended and asked about issues with high grass. The Code Enforcement officials in attendance explained more about that. He then said that if you travel East Park Ave., for example, there is a lot where the owner lives out of town but he still goes in every few weeks and takes care of the property. He stopped and thanked the man because he said people need to be complimented for their efforts. IN RE: ANNUAL PERFORMANCE REVIEW FOR THE CITY MANAGER Councilmember Moran stated it was her understanding that there had not been a formal annual performance review for the City Manager held in the recent years. With the new City Manager being hired soon, she would like to recommend that Council consider conducting an annual performance review. Mayor Straight stated that the contract for the new City Manager includes that process. IN RE: PASSING OF SKIP DELLIGATTI Councilmember Yann said that we lost a gentleman with the passing of Skip Delligatti and that he never met a person that did not like Skip. Councilmember Weber said that he has known Skip for a long time and is in the process of writing a book about the Pennsylvania Avenue Gang, which will include a lot of people from Dakota to Quincy Street, and Skip was a big part of that. 3 IN RE: PASSING OF MANUEL GARCIA Councilmember Burdick said it was a pleasure, privilege and honor to be sitting in Manuel Garcia’s City Council seat. He passed away last week so he offers condolences to the Garcia family. Councilmember Mainella said he also would like to echo Councilmember Burdick’s comments regarding Manuel Garcia. He said he had the pleasure of serving with him several years ago and he had a passion about making Fairmont a better place. Councilmember Warner also agreed with comments from Councilmembers regarding Manuel Garcia. She said that she sat on Council with him for eight years. Mayor Straight said that Skip Delligatti and Manuel Garcia are two icons of this community that have gone above and beyond with the youth and he issues his condolences to both their families. IN RE: CONGRATULATIONS TO RACHEL HAWKINS Councilmember Mason congratulated Times-West Virginian reporter Rachel Hawkins on her recent marriage. IN RE: BUSY BEAVER STORE Councilmember Mainella said that he was at Busy Beaver’s grand opening and he is elated that there is a store like that in the City of Fairmont. It will save trips out of town to buy things. Mayor Straight said that he went to the “Board Cutting” at Busy Beaver and he got to talk to the manager and CFO for Busy Beaver and they said they reviewed this area for 15 months and came to the conclusion that they should locate here. He said he would like to welcome them to Fairmont and offer them any assistance they need. IN RE: PRAISE FOR FAIRMONT POLICE DEPARTMENT Councilmember Weber said that when he was attending the Planning 4 Commission meeting last Wednesday, there was an incident on Spring Street where law enforcement was called to assist. One of the Planning Commission members witnessed the response from the Fairmont Police Department and said they conducted themselves professionally and the Sergeant took control and deescalated a situation that could have been very bad. He said we read a lot of negative comments about Police Departments in the news but this was a very positive comment and as a big supporter of our Police Dept., he supports them for their actions last Wednesday. IN RE: ARTICLE REGARDING CROSSWALK BY PARKING GARAGE Councilmember Weber said that he read an article by Misty Poe in the Times-West Virginian about an extra crosswalk between the parking garage and the new State Office Building. He would like for the City to look into options there to keep pedestrians safe and not jaywalking. City Attorney Kevin Sansalone said that Adams Street is a state road so that would have to be an action taken by the Department of Highways, not the City of Fairmont. CITIZEN’S PETITIONS There were no Citizen’s Petitions. CITY MANAGER’S REPORT IN RE: INTRODUCTION OF INTERIM POLICE CHIEF STEVE SHINE Interim City Manager Keller welcomed Chief Shine and stated that this weekend would be his twentieth year with the department. He will be responsible for all duties set forth in the Charter and City Code. IN RE: CONDOLENCES FOR FAMILIES OF MANUEL GARCIA AND SKIP DELLIGATTI Interim Manager Keller offered condolences as well to the family of former Councilmember Garcia and to former Mayor Matt Delligatti on the passing of his grandfather, Skip Delligatti. 5 IN RE: FOUR-WAY STOP AT VIRGINIA AVENUE AND FOURTH STREET Ms. Keller said that the project had been delayed for a few days but the Traffic Department installed the signs today so hopefully there won’t be anymore accidents at that location. Times-West Virginian reporter Rachel Ellis said that the Times would have something in the paper tomorrow about the new changes to that intersection. IN RE: PAVING PROJECT Interim Manager Keller said that Public Works Director Ron Miller is still waiting on the exact date that Stone Paving will start the Fairmont paving project. As of right now, it looks like it will be the third week of August. IN RE: BROOKSIDE DRIVE DRAINAGE ISSUES Ms. Keller said that the Utility Department is continuing the work on Brookside Drive. Once all of the drain pipes are installed, the street will be milled to get it ready for paving. She thanked the Utility Department for their work on the project. IN RE: STREET SWEEPING Ms. Keller said the street sweeper was down for repairs again but was back in service today and will be going back to the areas that were missed. IN RE: PAVED AREA BY PARKING GARAGE Interim Manager Keller said work has been finalized on the pad by the parking garage. Public Works Director Ron Miller told her that the curb has been cut and the base has been prepared so it will be ready for paving as soon as Stone Paving is in our area. There will also be a rain garden installed in that area. IN RE: CHAMBER OF COMMERCE ANNUAL DINNER Ms. Keller reminded Council that they need to RSVP by August 5th for the annual dinner. 6 IN RE: MUNICIPAL LEAGUE CONFERENCE Ms. Keller also reminded Council about their reservations for the Municipal League Conference next week in Wheeling. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE CITY OF FAIRMONT TO LEASE 22.708 ACRES OF LAND TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS FROM SAID PROPERTY AND STATE ROUTE 72/4 FROM THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA IN WINFIELD DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING PART OF THE PROPERTY KNOWN AS THE POOR FARM FOR A SHOOTING RANGE FOR THE CITY OF FAIRMONT POLICE DEPARTMENT, AND FURTHER APPROVING THE FORM OF THE LEASE AGREEMENT BETWEEN THE CITY AND THE COUNTY FOR SAID PURPOSE, AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF Mayor Straight entertained a motion for the adoption of an ordinance providing for on the lease of property for the purpose of developing a shooting range for the Police Department. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Mason. 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. 1647 was duly adopted. IN RE: ADOPTION, AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT RE-ENACTING ORDINANCE NO. 1644 WHICH PROVIDED FOR A PLAN OF CONTINUITY OF OPERATIONS. Mayor Straight entertained a motion for the adoption of an emergency ordinance providing for a continuity of operations while seeking a new City Manager. 7 Motion: Councilmember Linger moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Yann. Discussion: Mayor Straight said this is just a continuance of what we had before. It just lets us continue with daily operations. 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. 1648 was duly adopted. 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 CERTAIN PORTION OF SAID ALLEYWAY AT THE CORNER OF FLEMING AVENUE AND BISON STREET IDENTIFIED AS PARCEL NO. 43 OF MARION COUNTY TAX MAP 01-12 WHICH SAID PARCEL IS OWNED BY RONALD SATTERFIELD; 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 August 11, 2015 regarding the vacation and abandonment of this property. Motion: 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 August 11, 2015 by voice vote of Council. 8 IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING ACCEPTANCE OF A RURAL DEVELOPMENT COMMUNITY FACILITIES GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE IN THE AMOUNT OF $8,900.00 FOR THE PARTIAL FUNDING OF THE PURCHASE OF POLICE VEHICLES, AND PROVIDING FOR THE ADOPTION, EXECUTION AND DELIVERY OF ALL NECESSARY AND APPROPRIATE GRANT DOCUMENTS RELATED THERETO Mayor Straight entertained a motion for the adoption of the resolution. Motion: Councilmember Mason moved for the adoption of the resolution. The motion was seconded by Councilmember Mainella. Discussion: Councilmember Mason asked if this was incorporated the City’s contribution into the budget for 2015-2016. Finance Director Eileen Layman said funding was in the Capital Budget for the purchase of Police cruisers. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT AIRPORT AUTHORITY, UNEXPIRED TERM TO END OCTOBER 1, 2016 Mayor Straight entertained a motion for one appointment to the Fairmont Airport Authority. Motion: Councilmember Mainella moved to appoint E. Robert Smith to fill the unexpired term to end October 1, 2016. Councilmember Weber seconded the motion. Roll call was taken by the Clerk. The Mayor declared E. Robert Smith appointed by unanimous vote of Council. 9  ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mason moved to adjourn the meeting. The motion was seconded by Councilmember Yann. The Mayor declared the meeting adjourned by voice vote of Council at 7:34 p.m. 10