City Council

November 10, 2015 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 10th day of November, 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: 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 Eighth District Thomas (Tom) Mainella Ninth District Ronald J. (Ron) Straight, Sr. Councilmembers absent were: First District Marianne Moran Seventh District Philip R. (Phil) Mason Also present were: Interim City Manager Janet Keller City Attorney Kevin Sansalone Interim City Clerk Paula Friend Finance Director Eileen Layman City Planner Mark Miller IN RE: COUNCILMEMBERS MORAN AND MASON EXCUSED Councilmember Yann moved to excuse Councilmembers Moran and Mason from tonight’s meeting. The motion was seconded by Councilmember Warner. The Mayor declared Councilmember Moran and Councilmember Mason excused from tonight’s meeting by voice vote of Council. 1 IN RE: OPENING CEREMONIES Rev. D. D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Burdick. 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 27, 2015 Councilmember Burdick moved to approve the minutes as submitted. The motion was seconded by Councilmember Yann. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on October 29, 2015 and November 5, 2015, a public hearing was convened to obtain citizen input on an ordinance regarding the establishment of a TIF District. The Mayor asked if anyone present desired to speak to the proposed ordinance. EILEEN LAYMAN, FINANCE DIRECTOR, spoke in favor of the proposed ordinance. She stated that our application was approved by the West Virginia Development Office on October 23, 2015. She said that the Assessor did certify the property values. We have 1,729 parcels of Class II property, which is residential or owner-occupied properties, with a base of $99 Million. We also have 2,151 parcels of Class IV property, which is non- 2 owner occupied or businesses with a base of $114 Million. She stated that the total base is $264 Million as of July 1, 2014. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on October 29, 2015 and November 5, 2015, a public hearing was convened to obtain citizen input on an ordinance regarding changes to the parking rates at Veterans Plaza and the Ogden Avenue lot. 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 the Parking Authority met on October 20, 2015 and recommended that the rate that was established for the top deck of the Veterans Plaza be reduced from $40 per month to $25 per month, which is consistent with the rates for other monthly parking areas such as the parking garage and the Madison Street lot. The remainder of the ordinance does away with parking rates for the Ogden Avenue lot. That lot is now part of the State Office Complex property. The City gave that property to the Marion County Development Authority as part of our contribution for the development of that project. COUNCILMEMBER WEBER spoke not against the ordinance but stated that he thought the parking was a minor situation as compared to the condition of Veterans Plaza. He asked for more communication as to where we were with that project. Mr. Sansalone said that it has been brought up at staff meeting and Public Works Director Ron Miller said that as soon as paving was complete, he 3 would work on the project in front of the old Lupo’s site where the rain garden is, completing that sidewalk. After he completed that project and a couple of other projects, he would begin working at Veterans Plaza. He stated that the Public Works Director is concerned with the freeze/thaw cycle. In order to determine the drainage issues that exist with the planters as to why the water is coming out of the front and cracking the block, he would need to remove all of the plantings and the trees and then attempt to figure out what the problem was. Mr. Miller stated that he thought the best time to do this would be in the spring so he would do some cleanup work and cosmetic work now and then delay the repairs until spring when he can safely remove the plantings and determine the issues. Mr. Sansalone stated that, as brought up at the previous meeting, there is $30,000 in the FY16 budget allocated for repairs to the plaza. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: MERCHANT STREET PARKING LOT PROJECT Councilmember Yann stated that he noticed the improvements to the Merchant Street parking lot with the new fencing, paving and sidewalks and that everything was looking nice. IN RE: MORRIS PARK STORAGE BUILDING Councilmember Yann said that the new building at Morris Park that the Water Department and the South Fairmont Rotary Club is using for storage has been a wonderful addition at the park. He also stated that almost all of the lights have been put up for the Celebration of Lights. IN RE: MARINE CORPS BIRTHDAY Councilmember Linger noted that today was the Marine Corps 240th birthday. Mayor Straight also acknowledged the birthday of the Marine Corps and saluted them for their service. 4 IN RE: WEBSITE LISTING BOARD AND COMMISSION MEMBERS Councilmember Linger referenced a Twitter exchange between the City and some citizens and is requesting that the Webmaster populate the pages regarding boards and commissions with the names of the people on those boards. He said that those members are appointed publicly at a council meeting and that he feels nobody should be told that they need to submit a FOIA request to get those names. Councilmember Weber also stated that he thought it was important for the community to know who is on our boards and commissions. IN RE: GOOD LUCK TO FSHS FOOTBALL TEAM Councilmember Burdick wished the Polar Bear football team good luck in the upcoming Friday game against Lincoln. IN RE: CONGRATULATIONS TO FSHS SOCCER TEAM Councilmember Burdick congratulated coaches Jim DeNardi and Darrin Paul for their success leading the team to a State AA Championship. IN RE: VETERANS APPRECIATION Councilmember Burdick thanked the local veterans for their service. He noted several service members from his neighborhood, including family members, and encouraged everyone to thank a veteran. Councilmember Weber explained that on the 11th hour of the 11th day of the 11th month in 1918, World War I was over. He said that 16 million people had been killed and 17 million were wounded. He said when it was first established, it was known as Armistice Day (armistice means truce). He said the name was changed to Veterans Day in 1954. Councilmember Weber said he also had family that served in the war and was very proud of their service. Mayor Straight invited Council to attend the remembrance service tomorrow at 5:00 p.m. at the Veterans Memorial at Wave Tek Park. He said this is an annual event for all of the Vietnam Veterans. 5 Councilmember Linger invited all Veterans to attend a breakfast hosted by the South Fairmont Rotary that will be held tomorrow at 7:00 a.m. at the Mollohan Building. IN RE: BOARD AND COMMISSION REPORTS Councilmember Weber stated that in the articles it says that members should report annually on the condition of their board and that has not been done in the past so he encouraged representatives from each board to appear before Council and report on their board. IN RE: REQUESTING CHANGES TO COUNCIL MEETING AGENDAS Councilmember Weber said there is not enough time at a Council meeting to discuss issues that arise. He said that when Council brings up an item for discussion, there has to be a work session scheduled to discuss it. He then stated that if they meet outside of the meetings, they may violate the Code of Ethics for officials. He then proposed to add “Unfinished Business” and “New Business” to the agenda so Councilmembers can bring up items without having to go into executive session. IN RE: JEFFERSON STREET / WASHINGTON STREET WALL Councilmember Weber stated that he has received multiple calls from American Legion Post 629 Veterans of Foreign Wars regarding the condition of the wall. He stated that they are concerned that the roots of the trees on top of the wall may cause the wall to crack or fall. He said that this is a WPA (Works Progress Administration) wall and is now on the National Registry of Historic Places. He asked for the City and the current owner to investigate to see if this is a potential problem. CITIZEN’S PETITIONS IN RE: MARYLAND AVENUE DRAINAGE ISSUES LAURA DAVISON, spoke regarding drainage issues on Maryland Avenue. She said a dye test has been done and it was determined to be from the sewage system. She stated that she moved into her home in May of 1999. She said that anytime they get a downpour of rain, the water comes up 6 through the drains in her home and the surrounding homes in the 600 block of Maryland Avenue. She said they have had to turn things into their insurance agent for losses. The Mayor informed Mrs. Davisson that the issue has been turned over to the appropriate departments and they have been addressing the situation and hopefully it will be corrected soon. CITY MANAGER’S REPORT IN RE: PAVING UPDATE Interim City Manager Janet Keller stated that she received an update on the paving from Finance Director Eileen Layman. She said that the fall paving project was the largest paving project we have done to date. The City paved a total of 9.6 miles of roads, with a total of 12,440 tons of asphalt at a cost of $986,472.74. She then commended all of the Public Works employees for their hard work and long hours to complete this project. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 for the adoption of an ordinance creating a TIF District. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. Councilmember Weber seconded the motion. Discussion: 7 Councilmember Burdick asked when we would start to see action on this TIF District. Finance Director Eileen Layman stated that the funds will not be there until the next fiscal year. She said that we look at the base of 2014 and the increments will occur with the assessment of July 1, 2015 taxes, which will be collected in FY16. Those funds will be set aside and then distributed to the City from the Assessor. This ordinance puts a committee into place and once the funds are received, they can prioritize some of the projects. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of those Councilmembers present and the ordinance designated as Ordinance No. 1666 was duly adopted. IN RE: ADOPTION, 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 for the adoption of this ordinance regarding changes to the parking rates at Veterans Plaza and the Ogden Ave. lot. Motion: Councilmember Linger 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 those Councilmembers present and the ordinance designated as Ordinance No. 8 1667 was duly adopted. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTING THE “LOCAL COMMUNITY” REVITALIZATION PLAN FOR AFFORDABLE HOUSING FOR FAMILIES FOR THE PROPOSED “RESERVE AT FAIRMONT PROJECT” Mayor Straight entertained a motion for the adoption of this resolution. Motion: Councilmember Mainella moved for the adoption of the resolution. The motion was seconded by Councilmember Weber. Discussion: City Planner Mark Miller spoke in favor of the proposal. He stated that the Planning Commission passed a resolution in support of this proposal at their October 21, 2015 meeting. He said a similar resolution was passed by Council in May but there has been a little bit of change in the area of the project. He then introduced Josh Hughes from Miller Valentine. Mr. Hughes stated that they attempted to obtain property owned by a church that is next to property owned by R.J. Williams but they were not able to secure that property so they had to look elsewhere. He spoke to Main Street Director Kate Greene and then to the Partnership and now they have the Testa property under option. He said the plan is still the same, just a new location. They anticipate building 35 homes for rent. He said the unique part of this project is that they will be rent to own. Whatever resident is in the home at the 15-year mark will receive a credit for the time they spent as a renter in the home towards the purchase price, which will be determined at that time. The home will be given a quick maintenance/freshening up so they are not turning a home over to the new purchaser that needs a lot of work, which would involve an HVAC/furnace review, roofing, foundation, etc. Councilmember Weber asked how close this was to Windmill Park. Mr. Hughes stated that Windmill Park is actually between the two sites. He said it was directly across the street on one side and adjacent on the other. Roll call was taken by the Clerk. 9 The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AFFIRMING THE FINDINGS AND RECOMMENDATION FROM THE CITY OF FAIRMONT’S PLANNING COMMISSION TO DENY A REQUEST TO REZONE PROPERTY DESCRIBED AS PARCELS 103 THROUGH 110 OF TAX MAP 03-05, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA FROM NEIGHBORHOOD MIXED USE TO MAIN CORRIDOR COMMERCIAL Mayor Straight entertained a motion for the adoption of the resolution. Motion: Councilmember Weber moved for the adoption of the resolution. The motion was seconded by Councilmember Burdick. Discussion: Councilmember Burdick asked if this was the same property that had been discussed previously. The Mayor stated that it was and has been discussed multiple times. Councilmember Burdick re-confirmed that it involved the property on Morgantown Ave. and Maryland Avenue. He then asked if this could be divided up or is it an all or none situation. Mayor Straight said it cannot be divided. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ONE RE-APPOINTMENT, FAIRMONT-MARION COUNTY TRANSIT AUTHORITY, THREE-YEAR TERM TO END DECEMBER 31, 2018 Mayor Straight entertained a motion for one re-appointment to the Fairmont-Marion County Transit Authority. Discussion: Councilmember Weber asked if the applicant for re-appointment signed their application. Interim City Manager Keller said that one application was sent in by George Levitsky from the Transit Authority and the other was 10 submitted online. City Attorney Sansalone stated that the one submitted online was probably “signed” electronically. Councilmember Weber then asked if we could table this until we get actual signatures on the application. Councilmember Linger said there is a digital signature spot on the online application. By typing your name in that box, you are affirming you are the one that filled out that form. Mayor Straight then explained that Mr. Levitsky stated that the applicant, Carrol Hatfield has been an active member on the board and he is asking that she be reappointed. However, another applicant, John Provins, submitted their application online and Council had both applications before them so it was up to them to decide who they would like to put in that position. Councilmember Weber referred back to a previous meeting when Councilmember Moran asked for new people on the different boards and commissions. Motion: Councilmember Mainella moved to re-appoint Carrol Hatfield to fill the three- year term to end December 31, 2018. Councilmember Burdick seconded the motion. Roll call was taken by the Clerk. Councilmember Burdick Yes Councilmember Warner Yes Councilmember Yann Yes Councilmember Linger Yes Councilmember Weber Abstain Councilmember Mainella Yes Mayor Straight Yes The Mayor declared Carrol Hatfield re-appointed by majority vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mainella moved to adjourn the meeting. The motion was seconded by Councilmember Linger. The Mayor declared the meeting adjourned by voice vote of Council at 8:03 p.m. 11