City Council

September 8, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 8th day of September, 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 Yann. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Special Meeting held on August 20, 2015 and the Regular Meeting held on August 25, 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 Warner. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on the sale of Real Property under the Home Rule Pilot Program. The Mayor asked if anyone present desired to speak to the proposed ordinance. CITY ATTORNEY KEVIN SANSALONE, spoke in favor of the proposed ordinance. He said that this is one of the ordinances that will help eliminate slum and blight. This is in conjunction with the BAD Buildings program to provide for the demolition of structures that are not up to code. He said that we are anticipating that there will be a multitude of small lots that are not consistent with subdivision regulations and cannot be rebuilt on so it is not of much value to anyone other than adjoining property owners. This ordinance will increase the threshold for compliance with the provisions of §8-12-18(b) and will require a public auction only in the instance where the parcel of the property has a value of between $1 and $14,999 so the City would be able to sell the substandard lots or the fragments of lots to property owners. There being no one else to speak, the public hearing was called to a close at 7:08 p.m. IN RE: 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 2 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. Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on the anniversary tax credits for businesses under the Home Rule Pilot Program. 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 WV State Code only allows credits for job creation or business expansion so we are constrained by that and not able to offer credits outside of those parameters. Through Home Rule, we are proposing to offer credits for additional things like re-occupancy of vacant or dilapidated structures. Another aspect of this particular ordinance is to provide for the rehabilitation and preservation of contributing structures in the City’s Downtown Historic District, which is separate and distinct from the re-occupancy of vacant or dilapidated structures. A map has been approved by the Department of the Interior. Another aspect is a longevity of business operations credit. If a business in the City of Fairmont meets a certain milestone then they would be entitled to a credit for that particular year. The last aspect is that, in addition to bricks and mortar as a qualified investment, payroll taxes will now be considered as a qualified investment. So if a business that exists adds another shift/personnel, they would be entitled to the credit for the creation of jobs based on the increase in payroll taxes. 3 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 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 THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF A CONSUMERS SALES AND SERVICE TAX AND A COMPLIMENTARY USE TAX. Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on the consumer’s sales and service tax and complimentary use tax as part of the Home Rule Pilot Program. The Mayor asked if anyone present desired to speak to the proposed ordinance. FINANCE DIRECTOR EILEEN LAYMAN spoke in favor of the proposal. The goal of this ordinance is to reduce our long-term liabilities by imposing a 1% sales tax. We hope to generate $846,000 that will allow us to close the current pension plans and move into a state-sponsored plan and infuse the funds to help reduce our unfunded liabilities. She stated that the ordinance has already been approved by the WV State Tax Dept. There being no one else to speak, the public hearing was called to a close at 7:15 p.m. IN RE: 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 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. 4 Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on the reduction of Business and Occupation Tax as part of the Home Rule Pilot Program. The Mayor asked if anyone present desired to speak to the proposed ordinance. FINANCE DIRECTOR EILEEN LAYMAN spoke in favor of the proposal. She stated that in conjunction with imposing a sales tax, the municipalities are required to reduce or eliminate some portion of the B&O Tax. She said that we have looked at a retail category to reduce from $.39 to $.35, hoping to save the businesses an estimated $75,000. Eliminating the category of wholesale would save businesses and estimated $147,000. There being no one else to speak, the public hearing was called to a close at 7:17 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on the elimination of Business and Occupation Tax on manufactured, compounded or prepared products as part of the Home Rule Pilot Program. The Mayor asked if anyone present desired to speak to the proposed ordinance. FINANCE DIRECTOR EILEEN LAYMAN spoke in favor of the proposal. She said that this is the final ordinance in relation to the sales tax. This is separate from the other ordinances because it is in a different section. This ordinance will eliminate the B&O Tax on manufacturing and businesses should save an estimate of $122,000. 5 There being no one else to speak, the public hearing was called to a close at 7:18 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on zoning relief as part of the Home Rule Pilot Program. The Mayor asked if anyone present desired to speak to the proposed ordinance. CITY ATTORNEY KEVIN SANSALONE spoke in favor of the proposed ordinance. This ordinance targets slum and blight. This does not take away anyone’s current rights or vested rights, it just requires that if they are going to expand, increase their use or non-conformity, or expand to an adjacent property then they must comply with the land use and planning regulations that are currently in effect for the City of Fairmont. There being no one else to speak, the public hearing was called to a close at 7:21 p.m. IN RE: 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. 6 Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on the Vacant Building Registration Program. 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 this is not actually a Home Rule ordinance. He said that there is a provision in the WV Code to allow the City to enact a vacant property registration program; however, we have not done that to date. At this time we are proposing that this ordinance be adopted in conjunction with our B&O tax credit ordinance because one of the aspects of the proposed B&O tax credit ordinance provides for the reoccupation of vacant or dilapidated structures. In order to determine if a property is vacant, it has to be registered as such for at least 365 days before they are entitled to receive the tax credit. COUNCILMEMBER WEBER asked if there would be fees associated with the program. Mr. Sansalone said that WV State Code authorizes fees but at this time there are no fees associated with the proposal. If there would be a fee added it would have to be adopted by Council. Councilmember Weber then asked who would do the inspections. City Attorney Sansalone stated that the current City Code Enforcement Officers would be doing that in conjunction with their other inspections. There was then a lengthy discussion covering current dilapidated structures such as those behind the Fire Dept. (Central Station) and the Goodrich building at the intersection of Locust/Cleveland/Jackson and properties on the BAD Buildings list, and how staff would handle the new responsibility. Councilmember Weber asked if this gives Code Enforcement the ability to go on someone’s property without a warrant. City Attorney Sansalone said no more than they currently have authority to do. Currently under our Property Maintenance Code, if something occurs in plain view they have the authority to enforce the code as it currently exists. Councilmember Linger stated that in his opinion, we are hitting this at the wrong angle. We need to package it as a service to property owners and 7 market it correctly. He suggested that we should maybe put in a marketing piece that says when a building becomes vacant, we will not only check in on it for you to let you know if there are any issues that would hurt the value of the building, we will also help market it for you. Mr. Sansalone then said that these are good suggestions but the first step is to pass the ordinance so we have the program in place. Then the Marketing Department and Planning Department could work on the marketing. Councilmember Linger said he feels this should be voluntary for people. Mr. Sansalone said that if this is optional, then nobody will do it. It needs to be obligatory and then market it as a benefit and help to keep properties from becoming BAD buildings. City Attorney Sansalone said that this offers assistance citizens. To the majority of citizens who maintain their property it assists them because it then provides for a bolstering of their property value. If they maintain their property and they are adjacent to a vacant or dilapidated building then that brings their property value down. The majority of the citizens who are compliant maintain their properties and this vacant property registration helps them maintain their property values by forcing the neighboring properties who don’t currently maintain to start maintaining. Councilmember Weber asked about areas like Emerson Street. Some properties look very nice but others are full of garbage. He asked if the person that has the nice property is going to the offending neighbor and asking them to fix it up. He does not think they are. City Attorney Sansalone said that they are probably relying on the City and that is why this ordinance helps those individuals who are law abiding citizens that don’t want to appear as vigilantes and dictate to their neighbors that they repair their property. Councilmember Burdick said that maybe it will raise a red flag to the homeowners that do have a vacant property that the City does have an eye on your property and maybe they should keep it in better shape. Councilmember Burdick also asked if these lists would be made available to the Police and Fire Departments for their safety also. Mr. Sansalone said yes, they would, which is also one of the benefits of the registration program. It will be provided to the 911 center. 8 MAIN STREET FAIRMONT DIRECTOR KATE GREENE also spoke in favor of the proposed ordinance. She said that as someone who actively advocates and works for the revitalization of not just downtown, but the City of Fairmont, vacant, unmonitored structures are a clear obstacle to their progress. She said that they do not have a lot of tools to encourage the revitalization of those structures. She said that she understands Councilmember Linger’s position but taking care of property has been voluntary until now and we have 338 structures that are beyond repair. She said that in answer to Councilmember Weber’s question, they are seeing feedback through the Great Neighborhood’s Program where they are encouraging people to speak out for the safety of their neighborhoods. They have three different neighborhood groups right now that are coming to them and asking how they reach out to neighbors that are not taking care of their properties. They are working with those groups on form letters that are friendly and say that this is just from neighbors and are not representing the City of Fairmont or the Police Department and ask that they clean up their property. Councilmember Weber asked if an ordinance was needed to do this and Director Greene said absolutely because it gives them something to stand behind. If you have the ordinance and never need to use it because people start taking pride in their property, then great. She said there are a number of properties in downtown Fairmont that they cannot move because there is no incentive for the property owners to move it. Nobody wants to buy the property next to them because they are on the verge of caving in. LUKE ELSER, BAD BUILDINGS PROGRAM DIRECTOR WITH THE NORTHERN WEST VIRGINIA BROWNFIELD ASSISTANCE CENTER, stated that he has been working with the Fairmont BAD Buildings team since its inception. He said that he has been working with communities all over the state dealing with this same issue. He said that the 338 structures identified by the BAD Buildings team includes vacant and occupied buildings, dilapidated and in good condition so the 338 is not all vacant buildings. The actual vacancy is around 175 buildings. He then stated that the right of access is very specific. This ordinance was modeled off Wheeling’s very successful ordinance. The Building Inspector, Fire Chief, Engineer and Police Chief determine if an inspection is necessary through consenting cooperation with the property owner or an administrative search warrant is obtained from a court of competent jurisdiction, going 9 through the same process that a building inspector would have to go through to gain access to a property so they cannot just walk in when they want to. He said that Wheeling has been sued several times but has won every time. He said as far as the benefit to a program like this, in other communities that have adopted it such as Wheeling, Charleston and Huntington, the benefit has been to the responsible citizens of the community. The program assists in identifying property owners that are irresponsible and help them return their property to a productive use, not to tell them what it has to be or how they have to do it, but to return it to some kind of productivity like renting it to a new family, selling it, demolishing it, etc. Mr. Elser then said in response to Councilmember Linger’s suggestions, marketing is a good way to go about it. He then stressed the success that Wheeling has had with a registry fee. They have turned those fees back around into city staff time to manage the program as well as making funds available for demolition of properties. If you review their ordinance, there is a generous waiver program. There is no fee the first year and you can request for the fee to be waived if you are actively redeveloping. So the fee structure is in place to incentivize irresponsible property owners to become responsible, to do something like rehab or demolish. A lot of out of community owners do not do anything with the property. The fee incentivizes these people to do something for the benefit of citizens living in the community. He said that Wheeling’s original fee structure started at zero dollars the first year, $500 the second year, and up to $1,600 and they have more than doubled that because they found out that that was not enough to make property owners act in any way. It was then up to $4,000 in the fifth year. Between 2009 and 2013, they have raised about $30,000 in fees which was turned back around into demolition of buildings and running the program. They started with 262 properties. Of those, 33 are now demolished, 60 are reoccupied and another 8 are slated for demolition. KAREN GRIBBEN spoke in favor of the proposal. She stated that she feels Council should definitely consider the fee structure. As a landlord, she pays to have her property inspected every two years. She feels it would only be fair if there were fees for these buildings too. There being no one else to speak, the public hearing was called to a close at 7:55 p.m. 10 IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on August 31, 2015, a public hearing was convened to obtain citizen input on intergovernmental agreement with Marion County Commission. 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 this ordinance authorizes the intergovernmental agreement with the Marion County Commission and Marion County Parks and Recreation Commission (MCPARC). The agreement provides that MCPARC will assist the City of Fairmont with installation of a new basketball court at 5 th St. Park, certain improvements to Bellview Park including the continuing development of practice fields for soccer, improvements to the MCTrail parking lot at Winfield St., and certain general improvements and maintenance to the softball fields at Windmill Park. The agreement was approved on August 10, 2015 by the WV Attorney General’s Office pursuant to the statute. There being no one else to speak, the public hearing was called to a close at 7:58 p.m. ANNOUNCEMENTS IN RE: 4-Fairmont Councilmember Linger stated that he is 4-Fairmont. Councilmember Burdick said he had his 4-Fairmont t-shirt on that he received at the First Friday event last week. He reminded everyone that the top prize in this initiative is over $3 million. 11 IN RE: DEPARTMENT OF HIGHWAYS SIGNS ON CLEVELAND AVENUE Councilmember Burdick observed that there are signs in the alley off Cleveland Avenue leading to the MC Library that say “Do Not Enter”. However, due to restrictions by the State of WV, the turning arrows for those traveling from Cleveland onto Adams are actually located at the entrance to the alley. IN RE: NEW STREET SWEEPER REQUEST Councilmember Weber asked the Finance Director and City Manager to look into the purchasing of a new/used street sweeper. He said that the current one cannot complete one cycle of street sweeping due to always breaking down. IN RE: CONGRATUALTIONS TO TRAVIS BLOSSER Councilmember Weber congratulated former Fairmont City Councilmember Travis Blosser on being named the new City Manager for the City of Weirton. He said Weirton has a population of over 19,000, which is slightly larger than Fairmont. He said this is good for Weirton but bad for Fairmont because we did not even give Mr. Blosser a courtesy interview. Mayor Straight also congratulated Mr. Blosser on his new position and wished him the best of luck. IN RE: COMMUNITY PARTNERSHIP GRANT PROGRAM Mayor Straight noted that he received a letter from the Governor, which he then read. It stated that it announced that the City of Fairmont was awarded a grant for $10,000 for equipment, gravel, concrete and supplies for the construction of a gun range. CITIZEN’S PETITIONS There were no Citizen’s Petitions. CITY MANAGER’S REPORT IN RE: COUNCIL WORK SESSION 12 Interim City Manager Keller reminded Council that there will be a work session at 5:00 p.m. on Sept. 22, 2015 before the regular Council Meeting with Tri-Data regarding the Fire Department substation study. She then invited the Fire Department to attend and listen to their presentation. IN RE: FAIRMONT 101 Interim City Manager Keller said that Utility Manager David Sago will be presenting the next Fairmont 101 class on Thursday, September 17th at the Waste Water Treatment Plant. She then invited Council to attend. IN RE: SPENCE STREET COMPLAINTS Interim Manager Keller noted to those on Council who continue to receive calls from a certain resident on Spence St., a letter has been sent to him and Ms. Keller has spoken to him personally regarding the multiple requests he is making and let him know what services the City can provide to that area. She stated she will contact him again tomorrow to hopefully stop some of the calls. IN RE: PAVING Ms. Keller stated that Public Works Director Ron Miller said there was another scheduling conflict with Stone Paving but they are supposed to be moving their equipment into Fairmont the first part of next week. IN RE: CONGRATULATIONS TO TRAVIS BLOSSER Interim Manager Keller wanted to congratulate and extended best wishes to former Councilmember Travis Blosser on his appointment as the new City Manager of Weirton. She said he starts his new position on September 17th. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 13 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 for the adoption of an ordinance regarding the sale of Real Property under the Home Rule Pilot Program. Motion: Councilmember Moran moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Linger. Discussion: There was no discussion. 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. 1653 was duly adopted. IN RE: ADOPTION, 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 for the adoption of an ordinance regarding anniversary tax credits for businesses under the Home Rule Pilot Program. 14 Motion: Councilmember Linger moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Mason. Discussion: There was no discussion. 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. 1654 was duly adopted. IN RE: ADOPTION, 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 THE IMPOSITION, ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF A CONSUMERS SALES AND SERVICE TAX AND A COMPLIMENTARY USE TAX. Mayor Straight entertained a motion for the adoption of an ordinance regarding the Home Rule Plan – Sales Tax. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. Discussion: Councilmember Burdick said that for too long the State of WV has micromanaged cities and with the Home Rule, it is our opportunity to do what we need to do to improve our city. He said it was assumed with previous Councils that they were passing the buck to the next Council but they never had the tools in order to correct the situation. He said this is our time to take on the pensions and put it to rest. Councilmember Mason asked to clarify that we are talking about a 1% tax. Mayor Straight said that was correct. 15 There was no further discussion. 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. 1655 was duly adopted. IN RE: ADOTION, 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 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 for the adoption of an ordinance regarding the reduction of Business and Occupation Tax as part of the Home Rule Pilot Program. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Warner. Discussion: There was no discussion. 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. 1656 was duly adopted. IN RE: ADOPTION, 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. 16 Mayor Straight entertained a motion for the adoption of an ordinance regarding the elimination of B&O tax on manufactured, compounded or prepared products under the Home Rule Pilot Program. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. The motion was seconded by Councilmember Linger. Discussion: There was no discussion. Roll call was taken by the Clerk. Councilmember Weber Yes Councilmember Warner Yes Councilmember Moran Yes Councilmember Burdick Yes Councilmember Yann Yes Councilmember Mainella Yes Councilmember Mason Yes Mayor Straight Yes Councilmember Linger Recused Himself The Mayor declared the ordinance adopted by a majority vote of Council and the ordinance designated as Ordinance No. 1657 was duly adopted. IN RE: ADOPTION, 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 for the adoption of an ordinance regarding the relief of zoning under the Home Rule Pilot Program. Motion: 17 Councilmember Moran moved for the adoption of the proposed ordinance. Councilmember Yann seconded the motion. Discussion: There was no discussion. Roll call was taken by the Clerk. Councilmember Yann Yes Councilmember Weber Yes Councilmember Mason Yes Mayor Straight Yes Councilmember Burdick No Councilmember Linger Yes Councilmember Mason Yes Councilmember Mainella Yes Councilmember Moran Yes The Mayor declared the ordinance adopted by a majority vote of Council and the ordinance designated as Ordinance No. 1658 was duly adopted. IN RE: ADOPTION, 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. Mayor Straight entertained a motion for the adoption of an ordinance regarding the Vacant Building Registration Program under the Home Rule Pilot Program. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. Councilmember Linger seconded the motion. Discussion: There was no discussion. Roll call was taken by the Clerk. Councilmember Burdick Yes Councilmember Linger Yes 18 Councilmember Moran Yes Councilmember Mainella Yes Councilmember Warner Yes Councilmember Mason Yes Councilmember Yann Yes Mayor Straight Yes Councilmember Weber No The Mayor declared the ordinance adopted by a majority vote of Council and the ordinance designated as Ordinance No. 1659 was duly adopted. IN RE: ADOPTION, 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 for the adoption of an ordinance regarding an intergovernmental agreement with Marion County Commission. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Warner seconded the motion. Discussion: There was no discussion. Roll call was taken by the clerk. The Mayor declared the ordinance adopted by a unanimous vote of Council and the ordinance designated as Ordinance No. 1660 was duly adopted. 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. 19 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 Mason seconded the motion. Roll call was taken by the Clerk. The Mayor declared the meeting adjourned to Executive Session at 8:17 p.m. by unanimous vote of Council. The Mayor then stated that there would be additional business when they reconvened. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 9:00 p.m. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT NMINATING A CITY MANAGER FOR APPOINTMENT AND PROVIDING THE CITY ATTORNEY AND THE MAYOR WITH THE AUTHORITY TO NEGOTIATE A TENTATIVE EMPLOYMENT AGREEMENT. Mayor Straight entertained a motion for the adoption of the resolution. Motion: Councilmember Linger moved to table the proposed resolution. Councilmember Burdick seconded the motion. Discussion: There was no discussion. Roll call was taken by the clerk. The Mayor declared the resolution tabled by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE DOGS, BREWS AND BLUES EVENT SPONSORED BY M ARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC) TO BE HELD AT PALATINE PARK ON SATURDAY, SEPTEMBER 19, 2015. Mayor Straight entertained a motion for the adoption of the resolution. 20 Motion: Councilmember Yann moved for the adoption of the proposed resolution. Councilmember Weber seconded the motion. Discussion: There was no discussion. Roll call was taken by the clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: TWO APPOINTMENTS, FAIRMONT PLANNING AND ZONING COMMISSION, TERMS TO END SEPTEMBER 17, 2018. Mayor Straight entertained a motion for two appointments to the Fairmont Planning and Zoning Commission. Motion: Councilmember Burdick moved to appoint John Pitman and Ryan Majic to fill the seats for terms to end September 17, 2018. Councilmember Moran seconded the motion. Discussion: There was no discussion. Roll call was taken by the Clerk. The Mayor declared John Pitman and Ryan Majic appointed by unanimous vote of Council. IN RE: ONE APPOINTMENT, BOARD OF ZONING APPEALS, UNEXPIRED TERM TO END JANUARY 1, 2016. Mayor Straight entertained a motion for one appointment to the Board of Zoning Appeals for an unexpired term ending January 1, 2016. Motion: 21 Councilmember Burdick moved to appoint Aron Majic to fill the unexpired seat for a term to end January 1, 2016. Councilmember Burdick seconded the motion. Discussion: There was no discussion. Roll call was taken by the Clerk. The Mayor declared Aron Majic appointed by unanimous vote of Council. 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 9:07 p.m. 22