City Council

October 27, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th day of October, 2015, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Straight called the meeting to order. Councilmembers present were: First District Marianne Moran Second District Frank G. Yann Third District Robert (Rob) Linger Fourth District William H. (Bill) Burdick Fifth District Fran Warner Sixth District Daniel K. (Dan) Weber Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Ronald J. (Ron) Straight, Sr. Also present were: City Attorney Kevin Sansalone Interim City Clerk Paula Friend 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 Linger. APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on October 13, 2015 Councilmember Warner moved to approve the minutes as submitted. The motion was seconded by Councilmember Mason. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PROCLAMATION PRESENTED IN RE: NATIONAL AMERICAN INDIAN HERITAGE MONTH A proclamation was presented by Mayor Straight to Twyla Shaver and Carolyn Hamilton representing the Daughters of the American Revolution proclaiming the month of November as National American Indian Heritage Month. PUBLIC HEARINGS IN RE: AN ORDINANCE REPEALING AND RE-ENACTING SECTION 331.03 DUTY TO GIVE INFORMATION AND RENDER AID OF ARTICLE 331 ACCIDENTS, CHAPTER FIVE VEHICULAR OPERATION, PART THREE TRAFFIC CODE OF THE FAIRMONT CITY CODE TO ACCOMMODATE CHANGES ENACTED DURING THE 2015 LEGISLATIVE SESSION BY THE WEST VIRGINIA LEGISLATURE TO WEST VIRGINIA CODE §17C-4-3; SAVINGS CLAUSE Pursuant to a notice duly published in the Times-West Virginian on October 19, 2015, a public hearing was convened to obtain citizen input on an ordinance repealing a section of the City Code relating to Rendering Aid. 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 stated that this ordinance adopts the changes that were enacted by the WV Legislature in the 2015 session. This requires anyone that is involved in a motor vehicle accident to stop and provide the information to the persons that were involved in the incident so proper information can be exchanged for the purposes of filing a claim. He stated that the statute is also a pattern for City Code section 333.01. By enacting this particular ordinance, it will enable the City to continue to prosecute violations of §17C-4-3 in City Court, which is a misdemeanor offense that carries a fine. By allowing this to be prosecuted in City Court, it permits the money to be maintained by the City. This just allows the City to stay consistent with the State Code. 2 There being no one else to speak, the public hearing was called to a close at 7:08 p.m. IN RE: AN ORDINANCE REPEALING AND RE-ENACTING SECTION 529.01 ASSAULT AND BATTERY, ARTICLE 529 OFFENSES RELATING TO PERSONS, PART FIVE GENERAL OFFENSES CODE OF THE FAIRMONT CITY CODE TO ACCOMMODATE CHANGES PREVIOUSLY ENACTED BY THE WEST VIRGINIA LEGISLATURE TO WEST VIRGINIA CODE §61-2-9; SAVINGS CLAUSE Pursuant to a notice duly published in the Times-West Virginian on October 19, 2015, a public hearing was convened to obtain citizen input on an ordinance repealing a section of the City Code relating to Assault and Battery. 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 stated that this is a similar ordinance to the one just heard regarding rendering aid. He stated that this one relates to section of the State Code that causes assault and battery to be an offense. By enacting 529.01, the City has been enabled to prosecute violations of assault and battery in Municipal Court, which then allows the City to retain the fines and costs associated with that offense. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT APPOINTING ROBIN I. GOMEZ AS THE CITY MANAGER FOR THE CITY OF FAIRMONT AND APPROVING AND FIXING THE TERMS AND CONDITIONS OF THAT CERTAIN CITY MANAGER EMPLOYMENT AGREEMENT DATED OCTOBER 27, 2015, BY AND BETWEEN THE CITY OF FAIRMONT AND ROBIN I. GOMEZ, AND PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on October 19, 2015, a public hearing was convened to obtain citizen input on an ordinance appointing Robin I. Gomez as the new City Manager. 3 The Mayor asked if anyone present desired to speak to the proposed ordinance. KEVIN SANSALONE, City Attorney, spoke in favor of the proposed ordinance to approve the employment agreement that has been negotiated between the City of Fairmont and Mr. Gomez. He stated it is necessary as a result of the provisions of West Virginia Code §8-5-12, which requires that all of the terms and conditions of any municipal employer be fixed by ordinance. It also gives the Mayor the authority to execute the agreement on behalf of the City. He stated that there were a couple of blanks in the agreement that Council has before them. One was regarding the bond that was required of Mr. Gomez as a municipal officer. The current bond that is provided by the City of Fairmont is $200,000 and in discussions with our insurance agent, that amount was carried forward and the name will just be changed from Mr. Rogers to Mr. Gomez. It provides a start date for Mr. Gomez of December 7, 2015. Mayor Straight then introduced Mr. Gomez and his wife. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2015-2016 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on October 19, 2015, a public hearing was convened to obtain citizen input on an ordinance regarding a revision to the City’s General Fund Budget. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, Finance Director, spoke in favor of the proposal. She stated that this was the second revision of the year. She noted that the most significant increase was relating to the 27% increase from Mon Power for street lights, which amounts to an annual cost of approximately $250 per light. She stated that there are approximately 1,257 units in the City and our expected expense for street lights is around $314,000 per year. She said that she has been in communication with Mon Power and the engineer is supposed to send her a report. As soon as paving is complete, she said 4 she would try and get with Public Works to try and conduct an audit of lights to see if there are any changes. Mrs. Layman said that the second significant expense is an increase for approximately $10,400 for legal fees regarding the TIF application. Council was given a copy of a letter that was received dated October 23, 2015 stating that the West Virginia Development Office has approved our TIF application. The City had assistance from the staff at Spilman, Thomas and Battle so this increase is to assist with the cost of that application. Councilmember Burdick asked if the audit would reveal how many street light outages we have. Finance Director Layman said that the Secretary at the Public Works Dept. sent her a report of outages that have been reported to them. The secretary faxed them to Mon Power last week and Mrs. Layman now has a 14-page report of those outages which she then emailed to the engineer to let update him on these outages. Councilmember Burdick then asked if we pay for them whether they are lit or not and Mrs. Layman said that was correct. She went on to say that she has requested a minimal credit but it doesn’t offer that much of a credit when we have small numbers of outages. However, she said that they would be willing to credit us some. She said that we have to report them on a regular basis and consistently to get a credit. There being no one else to speak, the public hearing was called to a close at 7:17 p.m. ANNOUNCEMENTS IN RE: STREET LIGHTS Councilmember Mason said that during his most recent forum, street lighting was an issue that came up. He said that what he found out that we don’t really have a policy considering whether somebody feels the need because of safety or observation of criminal acts in a neighborhood as to whether or when we will have the lights put up. He said there has been a misunderstanding in the past concerning the amount of distance between light poles. He then stated he is asking for a policy to be developed. IN RE: REAL PROPERTY MANAGEMENT COMMITTEE 5 Councilmember Mason stated he would like for Council to consider the reinstatement of that committee in hopes that they could assist in developing certain properties and bring jobs to Fairmont. Councilmember Moran thanked Karen Gribben for coming to the last Council meeting to talk about this committee. She would like to see Council have a work session very soon to learn more about the Sharon Steel site. IN RE: WELCOMING THE NEW CITY MANAGER, ROBIN I. GOMEZ Councilmember Mainella extended a welcome to Mr. Gomez and his wife. Councilmember Burdick also welcomed Mr. and Mrs. Gomez. Councilmember Moran welcomed Mr. Gomez as well and said she looked forward to him starting. Mayor Straight said that he ran into Mr. and Mrs. Gomez when they went out for dinner last night and he is very excited for him to get started. He said that they are a very energetic couple and they will be an asset to this community. He stated that Mr. Gomez has already been communicating with the citizens all over town and he thanked him for doing that. IN RE: STREET PAVING – USER FEE Councilmember Mainella said it was good to see the user fee allowing the City to pave some alleys that were in bad shape such as the heavily used ones beside of the Women’s Club and BB&T Bank as well as the alley beside of the Post Office. Councilmember Weber thanked the people that live outside of the City of Fairmont that pay the user fee as well in assisting with paving our streets. Councilmember Burdick said it was good to see the street paving on East Side. IN RE: DUMPING AROUND 5TH ST. PARK Councilmember Warner said she received a complaint from someone who walks the trail around 5th Street and Prospect Ave. that people are dumping 6 their yard waste on the path. She said that there is a “No Parking” sign but she is requesting a “No Dumping” sign. City Attorney Sansalone said that this is City property and he will contact the City Planning Dept. to make them aware and also so they can request appropriate signage. IN RE: WV MUNICPAL LEAGUE MEETING Councilmember Burdick said that he attended the quarterly WV Municipal League meeting in Logan, WV along with Interim City Manager Janet Keller and Mayor Straight. He extended thanks to Logan’s Mayor Serafino Nolletti. Mayor Straight said they attended meetings and heard from the Governor of WV and budgets are low so there may be cuts to budgets or outside agencies. He said a lot of this is due to the decline in coal. Some areas survive off of the coal severance and for some, they are having to lay off police, fire and sanitary employees. He said staff in those areas are having to come up with new ways to operate on limited funds. IN RE: BOARDS AND COMMISSIONS Councilmember Burdick asked about any open appointments that we may have since Mr. Blosser moved out of town. He asked if Mr. Blosser was still on the Police Civil Service Commission. City Attorney Sansalone said that Jay Rogers was recently appointed to fill the vacancy of Mr. Blosser. Councilmember Moran said she would like to see new people appointed to various boards and commissions that Council makes appointments to. She said that she posted the link to the application form on the “What Fairmont Needs Is” Facebook page and said several have filled it out and submitted it. IN RE: GRASS CUTTING Councilmember Linger said he saw crews out cutting grass last week and since we have signed a contract, they have done a fantastic job this summer and continuing into the fall. IN RE: CHANCEY’S GRILL OPENED DOWNTOWN 7 Councilmember Linger encouraged everyone to come downtown and see what’s going on, including Chancey’s Grill that opened today. He said that we are making some strides downtown thanks to the entrepreneurs and agencies trying to get grants and to get businesses downtown. He asked everyone to remember to shop downtown, shop local. IN RE: CHANNEL 19 Councilmember Yann said he was invited by Rev. D. D. Meighen last week to go to a meeting at Robert C. Byrd High School in Clarksburg to see their recording and TV studio for Harrison County’s Channel 18 news. He said their set up was amazing and a lot of what they are doing is due to the assistance of Rev. Meighen. He stated that this is something he would like to see in this area. He said the students at RCB assist in running Channel 18 and some have even graduated from high school and gone directly to TV stations for work due to their experience. IN RE: FAIRMONT 101 Councilmember Moran said that she and her husband attended the October session of Fairmont 101 and had a lot of questions answered and had a lot of good discussion. She said she was quite impressed with the Code Enforcement Department. CITIZEN’S PETITIONS There were no Citizen’s Petitions. CITY MANAGER’S REPORT IN RE: SEWER LINE INSURANCE PROGRAM Councilmember Yann asked City Attorney Kevin Sansalone about the letter that residents are receiving, signed by the City Manager, regarding an insurance program for issues on the sewer lines. Mr. Sansalone said this is similar to a cable franchise where we grant franchises for people to do business in the City of Fairmont and then we receive a franchise fee from those entities. He said there were two companies that came to the City that were sponsored by the National League of Cities and the WV Municipal League. One of them was to provide insurance for sewer lines that are the 8 responsibility of the property owner and also for water lines. Because they were both sponsored by the National League of Cities and the WV Municipal League, Council passed an ordinance a couple of years ago which authorized the City to provide that service to the citizens at a cost deemed appropriate. The ordinance that was passed by City Council says that the City is not a guarantor of that work, we do not inspect that work, and we are not responsible for that work. That entity is the responsible party. He said the way he understands it is that the homeowner makes a claim to that insurance company and then that company would hire a contractor to come in to do the replacement work. Councilmember Yann said that the letter states that the insurance company will hire local contractors. He asked if there was any bonding on these companies. City Attorney Sansalone said that the only reason the City of Fairmont agreed to grant them the franchise was because they were endorsed by the National League of Cities and the WV Municipal League. He does not have the information with him to answer the question as to whether or not they are bonded. Councilmember Yann said that the letter does not say that the City will not be responsible. Mr. Sansalone said that the ordinance that Council passed was publicly read and publicly noticed so that all of the citizens took notice of what the contents of that ordinance was. The provisions of the ordinance are contained within the contract as a matter of West Virginia law and by passing that ordinance and containing the disclaimer in the ordinance, we have disclaimed responsibility for the company’s actions. We just allow them to do business in the City of Fairmont. Councilmember Moran asked if there was anything in the agreement about using the City of Fairmont’s letterhead. Mr. Sansalone said it was his understanding that they were not to use the City of Fairmont letterhead or logo. He said he had issued an opinion that they were not to use the City logo or name. Councilmember Weber asked how much the franchise fee was. City Attorney Sansalone said that he estimates that we have received approximately $3,400 in franchise fees year-to-date. This is nowhere near the amount we receive from the cable franchise fees. That amount is around $300,000. Councilmember Weber said that those fees go into the general fund but Council. Mr. Sansalone said this goes into the general fund as well. 9 Councilmember Weber said that the Council does not have any control over that $300,000, but they probably should have control over those franchise dollars. Mr. Sansalone said Council does have control over the franchise dollars because they come into the general fund and then Council adopts the budget and those funds are budgeted as part of the ordinary revenues of the City so Council dictates how they are spent. To that extent, Council does have control over the funds. The City has a franchise agreement that provides that we are entitled to a certain percentage of the value of the services and that is negotiated as part of the agreement up to the maximum permitted by law. The franchise only gives them authority to do business in the City limits, it does not dictate content. Councilmember Weber said he is aware of the arguments in the past over Time Warner and Comcast Cable. Mr. Sansalone said we could invite other cable companies in but the problem with that would be the infrastructure and the cost of stringing the lines and putting up the poles and not being sure if any other company would be willing to make that investment. Councilmember Weber suggested that we raise the franchise fee and Mr. Sansalone said that was something we could look at. IN RE: STREET LIGHTS Mr. Sansalone said that Councilmember Mason raised the issue of a policy regarding street lights the other day and he said he would try and come up with one and then have a resolution on the next agenda if that was Council’s wish. He said if Councilmember Mason wants him to wait until Mr. Gomez is on board, that is fine, or he can come up with a document and have it presented by resolution at the next Council meeting. Councilmember Weber said that the street light issue that Councilmember Mason brought up is an important, safety issue but feels that he is misguided as to where he or somebody else wants these particular street lights. Mr. Sansalone said that this particular policy is going to be a general policy directed toward citizens filling out an application if they want a street light. He said there would be certain guidelines and general standards that Police, Fire, Public Works and other interest entities would look at to determine if a street light was needed in that area so it would be a set process and a set standard so the issue of someone randomly requesting a street light would not be an issue any longer. The discussion with Councilmember Mason was that they would not set an objective standard that would provide a street light every so many feet or a street light on 10 every corner because then if we violated our own standard and something were to occur we could expose ourselves to liability so this is more of an application and investigation and be somewhat subjective based on what Police, Fire and what the general concerns outlined in the policy were. Councilmember Yann asked who absorbs the cost of the installation of a street light. Mr. Sansalone stated that, if there is not a street light there, the installation cost is absorbed by the City and the cost of running the street lights will fall on the City as well. Mr. Sansalone said that he spoke with Alan Staggers, the representative of Mon Power. He stated if there is a line there or a drop then the cost is minimal but if they have to install a pole and string the wires and it requires engineering work then obviously that would be more expensive. That will be one of the considerations in a policy. All of the costs and factors will be taken into consideration. He stated if someone wants a street light in the middle of nowhere, the cost will be large to get power there. However, he is not saying that will be the determining factor. He said he will come up with a policy and a form that if a citizen requests a street light then they can fill out a form and it would give them a reasonable expectation of what to anticipate. City Attorney Sansalone then asked Council for direction on how to proceed. Councilmember Mason said his suggestion was that we wait until Mr. Gomez is on staff. Councilmember Mason then said that the idea was to have consistency. He said when it comes down to the weight of safety vs. money, we have to have safety as the primary concern. He then stated that the decision would be up to the Police Chief, Fire Chief, and City Manager and would take into consideration the cost of a light in nowhere’s land and agree that that is probably not a good idea. But if the Police Chief, Fire Chief and City Manager think that there are concerns on a particular street, neighborhood or area then safety would carry more weight than cost. City Attorney Sansalone then asked if that means we are going to wait. Mayor Straight said yes. CONSIDERATION OF COUNCIL BUSINESS IN RE: AN ORDINANCE REPEALING AND RE-ENACTING SECTION 331.03 DUTY TO GIVE INFORMATION AND RENDER AID OF ARTICLE 331 ACCIDENTS, CHAPTER FIVE VEHICULAR OPERATION, PART THREE TRAFFIC CODE OF THE FAIRMONT CITY CODE TO ACCOMMODATE CHANGES 11 ENACTED DURING THE 2015 LEGISLATIVE SESSION BY THE WEST VIRGINIA LEGISLATURE TO WEST VIRGINIA CODE §17C-4-3; SAVINGS CLAUSE Mayor Straight entertained a motion for the adoption of an ordinance updating the City Code regarding Rendering Aid. Motion: 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. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1662 was duly adopted. IN RE: ADOPTION, AN ORDINANCE REPEALING AND RE-ENACTING SECTION 529.01 ASSAULT AND BATTERY, ARTICLE 529 OFFENSES RELATING TO PERSONS, PART FIVE GENERAL OFFENSES CODE OF THE FAIRMONT CITY CODE TO ACCOMMODATE CHANGES PREVIOUSLY ENACTED BY THE WEST VIRGINIA LEGISLATURE TO WEST VIRGINIA CODE §61-2-9; SAVINGS CLAUSE Mayor Straight entertained a motion for the adoption of this ordinance an ordinance updating the City Code regarding Assault and Battery. 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. 12 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1663 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT APPOINTING ROBIN I. GOMEZ AS THE CITY MANAGER FOR THE CITY OF FAIRMONT AND APPROVING AND FIXING THE TERMS AND CONDITIONS OF THAT CERTAIN CITY MANAGER EMPLOYMENT AGREEMENT DATED OCTOBER 27, 2015, BY AND BETWEEN THE CITY OF FAIRMONT AND ROBIN I. GOMEZ, AND PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Mayor Straight entertained a motion for the adoption of this proposed ordinance to appoint Robin I. Gomez as the new City Manager. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Mainella seconded the motion. Discussion: There was no discussion. Roll call was taken by the Clerk. Councilmember Moran Yes Councilmember Burdick Yes Councilmember Mason Yes Councilmember Warner Yes Councilmember Weber Abstain Councilmember Yann Yes Mayor Straight Yes Councilmember Linger Yes Councilmember Mainella Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1664 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2015-2016 ANNUAL BUDGET: GENERAL FUND Mayor Straight entertained a motion for the adoption of an ordinance for a revision to the 2015-2016 annual budget. Motion: 13 Councilmember Warner 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. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1665 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE APPROVING AND CREATING A NEW TAX INCREMENT FINANCING DISTRICT IN THE CITY OF FAIRMONT, WEST VIRGINIA TO BE KNOWN AS “THE CITY OF FAIRMONT REDEVELOPMENT DISTRICT NO. 1”; APPROVING REDEVELOPMENT PROJECT PLAN NO. 1 AS APPROVED BY THE WEST VIRGINIA DEVELOPMENT OFFICE; ESTABLISHING A TAX INCREMENT FINANCING FUND; CREATING A STAFF ADVISORY COMMITTEE FOR SUCH DISTRICT; AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for November 10, 2015 regarding the development of a TIF District. Motion: Councilmember Moran 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. Discussion: City Attorney Kevin Sansalone stated that on October 23, 2015 we received a letter from Keith Burdette, the Executive Director of the Development 14 Office, which approves the TIF application. He asked that the document be made part of the record. The Mayor declared the public hearing set for November 10, 2015 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING AN ORDINANCE AMENDING AND SUPPLEMENTING THE PROVISIONS OF PART ONE-ADMINISTRATIVE CODE, CHAPTER SEVEN-BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 171 PARKING AUTHORITY, SECTION .08 RATES, THEREOF, TO PROVIDE A MONTHLY RATE FOR VEHICULAR PARKING ON THE UPPER LEVEL OF THE PARKING FACILITY ADJACENT TO VETERANS’ PLAZA; TO ELIMINATE RATES FOR THE OGDEN AVENUE LOT; AND TO REPEAL THE PROVISIONS OF ORDINANCE NO. 1185 TO THE EXTENT THAT THE PROVISIONS OF SAID ORDINANCE ARE INCONSISTENT WITH THIS ORDINANCE; SAVINGS CLAUSE Mayor Straight entertained a motion and a second for the introduction of this ordinance and to set the public hearing for November 10, 2015 regarding changes to the parking rates at Veterans Plaza. Motion: Councilmember Mason moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Mainella seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. Discussion: Councilmember Weber said that there had been a lot of emails back and forth regarding the cost of parking at Veterans Plaza. He said he has not seen any emails regarding the repair of Veterans Plaza. He said the Veterans Administration and VFW Post 69 came several weeks ago and discussed the condition of Veterans Plaza. He said he would like to see more communication about how we are going to repair the Plaza. Mayor Straight stated that there was money allocated for the repair of Veterans Plaza. City Attorney Sansalone said he was informed by Finance Director Eileen Layman that $30,000 of Capital was budgeted in the last 15 budget cycle and is available. As soon as paving is completed, Public Works Director Ron Miller will be able to check on what is needed for repairs. Councilmember Weber then suggested that Council should go down to Veterans Plaza, walk around and look at the conditions. He said it is a shame that we have the Plaza there, and those who are veterans understand the importance of the Plaza and why it is there and it should be repaired ASAP and make it an attractive place instead of bricks falling on the sidewalk. The Mayor declared the public hearing set for November 10, 2015 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING AND ADOPTING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE POLICE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT ADOPTED BY THE COMMISSION ON JANUARY 13, 2000, AND APPROVED BY COUNCIL ON FEBRUARY 22, 2000, TO PROVIDE FOR AND ESTABLISH A RULE REQUIRING THAT A PROMOTIONAL EXAMINATION BE GIVEN UNDER ALL CIRCUMSTANCES, INCLUDING WHEN THERE IS ONLY ONE APPLICANT FOR PROMOTION Mayor Straight entertained a motion for the adoption of the resolution. Motion: Councilmember Mainella moved for the adoption of the resolution. The motion was seconded by Councilmember Warner. Discussion: There was no discussion. Roll call was taken by the Clerk. Councilmember Warner Yes Councilmember Mainella Yes Councilmember Linger Yes Councilmember Mason Yes Councilmember Yann Yes Councilmember Weber Yes Councilmember Burdick No Mayor Straight Yes Councilmember Moran Yes The Mayor declared the resolution adopted by majority vote of Council. 16 IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF DECEMBER 22, 2015 TO DECEMBER 15, 2015 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: There was no discussion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted 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 8:00 p.m. 17