City Council

August 25, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 25th day of August, 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 City Planner Mark Miller Program Manager - Hanna Weaver Marketing & Comm. IN RE: OPENING CEREMONIES Father Robert Perriello gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on August 11, 2015. He asked if there were any corrections, deletions, or amendments. 1 Councilmember Moran moved to approve the minutes as submitted. The motion was seconded by Councilmember Linger. 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 PROVIDING FOR THE REZONING OF THAT CERTAIN TRACT OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, IN UNION AND WINFIELD DISTRICTS, MARION COUNTY, WEST VIRGINIA, COMPRISED OF THE FOLLOWING PARCELS OF REAL ESTATE: UNION CITY DISTRICT, TAX MAP 2, PARCELS 35, 35.1, 37, 37.1, 38, 39 AND 99 AND WINFIELD CITY DISTRICT, TAX MAP 8, PARCELS 13.1, 49, 49.1, 49.2, 145, 145.1, 145.2, 146, 147 AND 30, SAID TRACT BEING REZONED FROM “HIGHWAY COMMERCIAL” TO “INDUSTRIAL” AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT. Pursuant to a notice duly published in the Times-West Virginian on August 17, 2015, a public hearing was convened to obtain citizen input on the rezoning of an area off Speedway Ave. from Highway Commercial to Industrial. The Mayor asked if anyone present desired to speak to the proposed ordinance. RUSSELL BOLYARD, Merit Development, Morgantown, spoke in favor of the proposed ordinance. He stated that they have been looking at this tract of around 26 acres off Speedway Ave. He said that his company is buying a portion of property that had buildings on it previously from Owens Illinois from Mountaineer Holdings. He said this property has been dormant for about 30 years. He said they have done a lot of investigative work trying to get to the root of the environmental issues that were associated with that site and are currently working with the WV DEP to do studies on the property. He said that the work they do to develop that property will be a big improvement to the property. They needed to change the zoning there so they could do light industry because the State of WV does not believe it should be used for residential property. 2 MARK MILLER, City Planner spoke in favor of the proposal. He said that the Planning Commission held a public hearing on July 22, 2015 and the rezone request was approved. ROBERT H. THOMPSON, spoke in favor of the proposal. He said that we are fortunate to have someone that has the knowledge and financial ability to do something with the old Owens property. There being no one else to speak, the public hearing was called to a close at 7:09 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING THE CITY’S APPROVAL FOR THE TRANSFER OF CONTROL OF THE TELEVISION CABLE SYSTEM FRANCHISE WITHIN THE CITY OF FAIRMONT EVIDENCED BY THAT CERTAIN FRANCHISE AGREEMENT DATED MAY 10, 2012, BY AND BETWEEN TIME WARNER CABLE, LLC, D/B/A/ TIME WARNER CABLE, AND THE CITY OF FAIRMONT, TO CHARTER COMMUNICATIONS, INC., AND/OR ONE OF ITS SUBSIDIARIES (“CHARTER”). Pursuant to a notice duly published in the Times-West Virginian on August 17, 2015, a public hearing was convened to obtain citizen input on the transfer of the cable system from Time Warner to Charter. The Mayor asked if anyone present desired to speak to the proposed ordinance. CITY ATTORNEY KEVIN SANSALONE spoke in favor of the proposal. He stated that the City received a request from Charter Communications to provide for the transfer of the cable franchise. He said the current franchise holder is not in technical default of the agreement, though there may be some dissatisfaction with the channel choices. They have paid the $250.00 transfer fee. Part of our agreement provides that we will pass ordinances requesting the transfer if they are not in technical default. He further stated that we receive approximately $300,000.00 per year in franchise fees from Time Warner Cable. Charter Communications will be obligated to abide by the terms and conditions of the current agreement. COUNCILMEMBER WEBER asked how long this lasts. Mr. Sansalone said that it lasts until the year 2022. 3 Councilmember Weber then asked if the $300,000.00 goes into the General Fund. Mr. Sansalone stated that it did. COUNCILMEMBER YANN then asked about the franchise fees on the customer bills and if it was the same every month. Mr. Sansalone stated that he was not sure how their billing worked. There being no one else to speak, the public hearing was called to a close at 7:13 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT GRANTING A DISTRIBUTION EASEMENT TO MONONGAHELA POWER COMPANY FOR THE RELOCATION OF OVERHEAD POWER LINES NECESSITATED BY THE 4TH STREET BRIDGE RELOCATION PROJECT OVER AND ACROSS THAT CERTAIN REAL ESTATE OWNED BY THE CITY OF FAIRMONT DESCRIBED AS 7.55 ACRES, CORNER 5 TH AND BENONI (PARK), BEING PARCEL 198 OF MARION COUNTY TAX MAP 03-26, AND ALONG MCNEELY STREET, AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE DISTRIBUTION EASEMENT AGREEMENT. Pursuant to a notice duly published in the Times-West Virginian on August 17, 2015, a public hearing was convened to obtain citizen input on the easement for Monongahela Power for the 4th Street Bridge Project. The Mayor asked if anyone present desired to speak to the proposed ordinance. CITY ATTORNEY KEVIN SANSALONE spoke in favor of the proposal. He said that his ordinance provides for a distribution line easement necessary for the relocation of the 4th Street Bridge. It does not interfere with any of the park uses. We do not receive any additional money as a result of this because in 1904 we signed a Right of Way Agreement with the predecessor to Mon Power and First Energy known as the Fairmont Electric Light and Power Company, which provides that we will grant them easements for their distribution lines across our property. There being no one else to speak, the public hearing was called to a close at 7:15 p.m. 4  ANNOUNCEMENTS IN RE: CITY MANAGER SEARCH COMMITTEE Councilmember Mason said that the search committee did a terrific job, we had wonderful candidates and he is confident that we will have a wonderful City Manager for Fairmont. Councilmember Weber apologized for missing the meeting last week with the candidates. Councilmember Burdick also said that we have a good selection for City Manager. IN RE: CHAMBER OF COMMERCE ANNUAL DINNER Councilmember Burdick said it was the first time since he has been on Council that we had a full attendance by Council to attend the Chamber dinner. Mayor Straight was also pleased with the attendance at the dinner. The City received awards for City Employees and City Council. IN RE: HOME RULE Councilmember Burdick said we cannot keep kicking the can down the street as far as these Police and Fire Pensions. We need to take care of our employees. IN RE: GATEWAY CONNECTOR Councilmember Linger said it was good to see the new mulch and trees on the Connector. IN RE: HIGH LEVEL BRIDGE Councilmember Linger stated it was good to see City employees cleaning up the High Level Bridge. IN RE: CODE COMPLAINT 5 Councilmember Yann said that he had received some calls about a problem in a particular neighborhood but when he spoke to Interim City Manager Janet Keller she was already on top of it and Code Enforcement was already there. He said they are doing their jobs well. IN RE: AWARDS FROM COUNTY COMMISSION Mayor Straight said that he and Deputy Mayor Tom Mainella attended the County Commission meeting last week and we received two awards at the meeting, one for City Council and one for the City Employees. The Mayor wanted to personally thank the City Employees, some of which are putting in extra hours every day to make everyone’s lives a little easier. CITIZEN’S PETITIONS IN RE: AMERICA’S BEST COMMUNITIES (ABC) KATE GREENE, Main Street Fairmont Director, addressed Council. She said that she is not here representing Main Street but instead is part of a larger group representing the National America’s Best Communities Competition. She said that Fairmont is a quarter finalist in this national competition to develop a revitalization plan for our city. We are one of fifty across America, narrowed down from a pool of over 400. She summarized the program and their objectives and asked the City of Fairmont to dedicate $5,000.00 to this on-going effort. She continued by saying that they have identified four main pillars that will focus on key objectives that they believe are critical to moving our city forward: 1. For Fairmont – movement for community pride 2. Great Neighborhoods – creating growth and change where we live 3. The Bridge – aligning Fairmont students with a work force for now and for tomorrow. 4. Rising Home – will turn our bad building liabilities into assets and opportunities. BEN BERRY, owner of Mountain Craft Productions, spoke regarding the For 6 Fairmont branding pillar and showed the new logo “4F” which stands for “For Fairmont”. He said that the first launch of the new branding will be at the First Friday event at Veterans Plaza on September 4th. ROCCO FUCILLO, State and Local Corporate Relations at WVU, spoke regarding the Rising Homes pillar. He said this is to change the landscape of Fairmont, block by block and neighborhood by neighborhood. He said their goal is to take the BAD buildings and make a liability an asset. They are receiving in-kind contributions by professors to assist in their goal. CARRIE STATON, West Virginia Re-Development Collaborative, spoke regarding the Great Neighborhoods pillar. The goal is to help residents work together to improve quality of life in their neighborhoods. By mid-October, the ABC team will develop resources that can be used by neighborhood leaders advocating for change, communicate with government, business and educational entities. AMY PELLEGRIN, Fairmont State University, spoke regarding the The Bridge pillar which is for education. Their goal is to give our youth a reason to stay in Fairmont and in our state by creating new education and workforce partnerships. IN RE: COMPLAINT ABOUT CITY WORKER AMY JONES, Fairmont, spoke regarding an issue that happened on Thursday, August 13, 2015 involving a City worker. She stated that she approached him after a traffic incident and he called her names. She then jumped up on the street sweeper and when she tried to jump down, the driver pulled away and she said she fell and broke her ankle. She said she has completed a Freedom of Information Act Request asking for the name of the driver. CITY MANAGER’S REPORT IN RE: FAIRMONT 101 Interim City Manager Keller said that the August session of Fairmont 101 would be held on Thursday and the class will be presented by Finance Director Eileen Layman and will cover budget and finance. She also said that if any Councilmembers wanted to attend, they were welcome to. 7 IN RE: STREET SWEEPER Ms. Keller said that the street sweeper was pulled off the regular schedule this week to get ready for paving. Stone Paving was delayed on their current job but will be in Fairmont as soon as possible. IN RE: MARK MILLER, NEW CITY PLANNER Interim Manager Keller said she was pleased to announce that Mark Miller has been appointed as the City Planner. She said that Mark has served as Interim City Planner, Parks Coordinator and Project Manager in the Planning Department. IN RE: ARMORED VEHICLE PURCHASED BY MARION COUNTY SHERIFF Ms. Keller said that we have received a lot of calls about the armored vehicle that was recently purchased by the Marion County Sheriff’s Dept. She stressed that the City of Fairmont did not have anything to do with this purchase and no city funds were used toward the purchase. Mayor Straight said he has also received numerous calls regarding this vehicle and he also stated that the City of Fairmont did not acquire this piece of equipment. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE REZONING OF THAT CERTAIN TRACT OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, IN UNION AND WINFIELD DISTRICTS, MARION COUNTY, WEST VIRGINIA, COMPRISED OF THE FOLLOWING PARCELS OF REAL ESTATE: UNION CITY DISTRICT, TAX MAP 2, PARCELS 35, 35.1, 37, 37.1, 38, 39 AND 99 AND WINFIELD CITY DISTRICT, TAX MAP 8, PARCELS 13.1, 49, 49.1, 49.2, 145, 145.1, 145.2, 146, 147 AND 30, SAID TRACT BEING REZONED FROM “HIGHWAY COMMERCIAL” TO “INDUSTRIAL” AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT. 8 Mayor Straight entertained a motion for the adoption of an ordinance providing for rezoning of an area off Speedway Ave. from Highway Commercial to Industrial. Motion: Councilmember Moran 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. 1650 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING THE CITY’S APPROVAL FOR THE TRANSFER OF CONTROL OF THE TELEVISION CABLE SYSTEM FRANCHISE WITHIN THE CITY OF FAIRMONT EVIDENCED BY THAT CERTAIN FRANCHISE AGREEMENT DATED MAY 10, 2012, BY AND BETWEEN TIME WARNER CABLE, LLC, D/B/A/ TIME WARNER CABLE, AND THE CITY OF FAIRMONT, TO CHARTER COMMUNICATIONS, INC., AND/OR ONE OF ITS SUBSIDIARIES (“CHARTER”). Mayor Straight entertained a motion for the adoption of an ordinance providing for the transfer of the cable system from Time Warner to Charter. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Mainella. 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. 1651 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT GRANTING A DISTRIBUTION EASEMENT TO MONONGAHELA POWER COMPANY FOR THE RELOCATION OF OVERHEAD POWER LINES NECESSITATED BY THE 4TH STREET BRIDGE RELOCATION PROJECT OVER AND ACROSS THAT CERTAIN REAL ESTATE OWNED BY THE CITY OF 9 FAIRMONT DESCRIBED AS 7.55 ACRES, CORNER 5 TH AND BENONI (PARK), BEING PARCEL 198 OF MARION COUNTY TAX MAP 03-26, AND ALONG MCNEELY STREET, AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE DISTRIBUTION EASEMENT AGREEMENT. Mayor Straight entertained a motion for the adoption of an ordinance providing for an easement for Monongahela Power for the 4th Street Bridge Project. Motion: Councilmember Moran 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. 1652 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT’S HOME RULE PLAN APPROVED OCTOBER 6, 2014, TO PROVIDE RELIEF FROM THE NOTICE AND PUBLIC AUCTION REQUIREMENTS OF WEST VIRGINIA CODE §8-12-18(B) RELATIVE TO THE SALE OF REAL PROPERTY BELONGING TO THE CITY OF FAIRMONT WHEN THE VALUE OF THE PARCEL TO BE SOLD IS LESS THAN $15,000.00. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – Property to be Auctioned. Motion: Councilmember Mason moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Linger seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. 10 The Mayor declared the public hearing set for September 8, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED, IN PART, PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT’S HOME RULE PLAN APPROVED OCTOBER 6, 2014, TO PROVIDE RELIEF FROM THE PROVISIONS OF WEST VIRGINIA CODE §8-13-5 WHICH LIMIT THE CITY OF FAIRMONT’S AUTHORITY TO OFFER TAX CREDITS FROM ITS BUSINESS AND OCCUPATION TAX TO BUSINESS EXPANSION CREDITS AND TO PROVIDE AUTHORITY FOR EXPANDED AND ADDITIONAL TAX CREDITS FROM SAID TAX TO PROMOTE THE RE-OCCUPATION OF VACANT OR DILAPIDATED STRUCTURES THROUGHOUT THE CITY, TO FOSTER THE REHABILITATION AND PRESERVATION OF CONTRIBUTING STRUCTURES IN THE CITY’S DOWNTOWN HISTORIC DISTRICT; AND TO ENCOURAGE LONGEVITY OF BUSINESS OPERATION IN THE CORPORATE LIMITS BY PROVIDING AN ANNIVERSARY CREDIT. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – B & O Tax Credits. Motion: Councilmember Mason 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 September 8, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED, IN PART, PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT’S APPROVED HOME RULE PLAN DATED OCTOBER 6, 2014, TO PROVIDE FOR 11 THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF A CONSUMERS SALES AND SERVICE TAX AND A COMPLIMENTARY USE TAX. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – Sales Tax. Motion: Councilmember Moran moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Yann seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Councilmember Mason requested a work session between now and the next meeting of Council to consider possible options. He stated that he was in favor of the motion and will vote for it, primarily because it does not designate that it will be a 1% increase, which he said has been talked about off and on. He wants a work session to discuss and find a blend of options that might be available to us before we take final action. Councilmember Weber said that President Truman had a plaque on his desk that said “The Buck Stops Here” and that his decisions were final. He said that the buck has to stop here with us. Prior Councils have passed the responsibilities of the Fire and Police Pension Funds onto the next City Council. This Council has to bite the bullet and become responsible for maintaining and solving the Police and Fire Department Pensions. We cannot wait for the legislature in Charleston to take over this responsibility. He said the debt is just going to increase. He said nobody has come up with another plan that will come up plan that will help with this obligation. The Mayor declared the public hearing set for September 8, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A 12 MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT’S HOME RULE PLAN APPROVED OCTOBER 6, 2014, TO PROVIDE FOR THE REDUCTION OF BUSINESS AND OCCUPATION TAX UPON SELLING TANGIBLE PROPERTY AT RETAIL AND THE ELIMINATION OF BUSINESS AND OCCUPATION TAX UPON SELLING TANGIBLE PROPERTY AT WHOLESALE. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – Reduce B&O Retail and eliminate B&O Wholesale. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Mason seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for September 8, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT’S HOME RULE PLAN APPROVED OCTOBER 6, 2014, TO PROVIDE FOR THE ELIMINATION OF BUSINESS AND OCCUPATION TAX UPON MANUFACTURED, COMPOUNDED OR PREPARED PRODUCTS; PROCESSING OF FOOD. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – B&O Tax Eliminated on Manufacturing. Motion: Councilmember Linger moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Yann seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. 13 The Mayor declared the public hearing set for September 8, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT’S HOME RULE PLAN APPROVED OCTOBER 6, 2014, TO PROVIDE RELIEF FROM THE PROVISIONS OF WEST VIRGINIA CODE §8A-7-10(C) WHICH PROHIBIT THE CITY’S ZONING ORDINANCE FROM REGULATING THE USE OR ACQUISITION OF ADDITIONAL LAND BY A FARM, INDUSTRY OR MANUFACTURER WHICH MAY BE REQUIRED FOR THE PROTECTION, CONTINUING DEVELOPMENT OR EXPANSION OF ANY AGRICULTURAL, INDUSTRIAL OR MANUFACTURING OPERATION OF ANY PRESENT OR FUTURE SATELLITE AGRICULTURAL, INDUSTRIAL OR MANUFACTURING USE. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – Relief of Zoning. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Linger seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for September 8, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING PART SEVENTEEN – BUILDING AND HOUSING CODE OF THE CITY OF FAIRMONT TO PROVIDE FOR THE ESTABLISHMENT OF A VACANT BUILDING REGISTRATION PROGRAM, WHICH ORDINANCE SHALL BE CODIFIED AS ARTICLE 1769 VACANT BUILDING REGISTRATION PROGRAM OF PART SEVENTEEN OF SAID CODE. 14 Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding the Home Rule Plan – Vacant Building Registration Program. Motion: Councilmember Mason moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Linger seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Councilmember Warner discussed the First, Second, Fourth and Fourteenth Amendments. He said those amendments protect our property. He said he is against this proposal because he believes it is opposed to the Fourth Amendment to the Constitution. The Mayor declared the public hearing set for September 8, 2015 by majority vote of Council with Councilmember Weber voting no to set the public hearing. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THAT CERTAIN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND THE MARION COUNTY COMMISSION FOR PURPOSES OF PROVIDING FOR CERTAIN PARK IMPROVEMENT PROJECTS AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE DELIVER THE INTERGOVERNMENTAL AGREEMENT RELATING THERETO. Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for September 8, 2015 regarding an intergovernmental agreement with Marion County Commission. Motion: Councilmember Warner moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Moran seconded the motion. 15 The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Councilmember Mason said he applauded the efforts to communicate and cooperate between the City and County. The Mayor declared the public hearing set for September 8, 2015 by voice vote of Council. IN RE: PUBLIC HEARING AND ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING, DIRECTING AND ORDERING THAT THE CITY MANAGER CAUSE THE TAX INCREMENT FINANCING APPLICATION AND ALL OTHER NECESSARY DOCUMENTATION TO BE SUBMITTED TO THE WEST VIRGINIA DEVELOPMENT OFFICE, TOGETHER WITH A REQUEST FOR APPROVAL THEREOF. Mayor Straight entertained a motion for the adoption of the Resolution. Motion: Councilmember Moran moved for the adoption of the Resolution. The motion was seconded by Councilmember Mason. Pursuant to a notice duly published in the Times-West Virginian on August 13, 2015 and August 20, 2015, a public hearing was convened to obtain citizen input on the proposed TIF Resolution. The Mayor asked if anyone present desired to speak to the proposed Resolution. City Attorney Kevin Sansalone stated that as a housekeeping measure, he has the affidavit for publication which reflects that the notice for tonight’s public hearing on the Tax Increment Financing Project was duly published as a Class II Legal Ad by the Times West Virginian on August 13 th and August 20th. He then asked for the Clerk to make that part of the record. Finance Director Eileen Layman said that the TIF application is prepared and ready to be submitted to the Development Office. She said that she gave notice to the Marion County Commission and to the Marion County Schools as required by statute. She also met with County Administrator Kris Cinalli, the Director of the Marion County Development Authority Charlie Reese, the Economic Community Development Grant Coordinator Belinda Biafore and 16 the Marion County Assessor Jim Priester and some of his staff members. She gave Mr. Priester a copy of the proposed application as well as a copy of the TIF map. In addition, she met with a representative of the Marion County Regional Development Council, Main Street Fairmont and Fairmont Regional Medical Center. She then stated that a video has been developed to put on the City’s website to further explain what a TIF District is. That video was then played for Council. Finance Director Layman said that should Council pass tonight’s resolution the next step would be to obtain a certified copy of the Resolution and minutes of the meeting. She would then submit the application to the Development Office, who will then have 60 days to review and approve. In that time we will also need to work with the Assessor’s Office to obtain the assessed values and the list of the parcels and properties involved. Kate Greene, Director of Main Street Fairmont, also spoke in favor of the proposed Resolution. She said there is a direct connection to the TIF District with the America’s Best Communities Initiative due to the BAD Buildings and the Great Neighborhoods so the timing is perfect for this. There being no one else to speak, the public hearing was called to a close. Discussion: There was no further discussion on the proposed Resolution. Roll call was taken by the Clerk. The Mayor declared the Resolution adopted by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Straight entertained a motion to adjourn to Executive Session as per WV Code §6-9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A – to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a City Officer. Motion: Mayor Straight moved to adjourn to Executive Session as per WV Code §6- 9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A. Councilmember Yann seconded the motion. 17 Roll call was taken by the Clerk. The Mayor declared the meeting adjourned to Executive Session at 8:20 p.m. by unanimous vote of Council for the purpose of discussing candidates for City Manager. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 9:06 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mainella moved to adjourn the meeting. The motion was seconded by Councilmember Burdick. The Mayor declared the meeting adjourned by voice vote of Council at 9:07 p.m. 18