City Council

November 22, 2016 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 22nd day of November, 2016, 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 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. Absent were: Third District Robert (Rob) Linger Also present were: City Manager Robin I. Gomez City Clerk Janet L. Keller City Attorney Kevin Sansalone City Planner Sandra Scaffidi Police Chief Steve Shine IN RE: OPENING CEREMONIES Rev. D. D. Meighen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Mainella. IN RE: EAST FAIRMONT BOYS SOCCER TEAM Mayor Straight recognized the East Fairmont Boys Soccer Team that won the State Championship. Coach Mark Harvath introduced the players that were in attendance and stated what positions they play. 1  APPROVAL OF MINUTES Mayor Straight noted that each member of Council had received a copy of the minutes from the Regular Meeting held on November 9, 2016. Councilmember Mason moved to approve the minutes as submitted. The motion was seconded by Councilmember Weber. 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 PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THAT CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: LOT 4 NUZUM PLACE, AND BEING PARCEL 240 OF MARION COUNTY TAX MAP 03-26, IDENTIFIED AS 302 NUZUM PLACE, FAIRMONT, WEST VIRGINIA, FROM CREED P. HOLDEN AND TAMMY L HOLDEN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER ANY NECESSARY TRANSACTIONAL DOCUMENTS, AND TO TAKE DELIVERY OF A DEED FOR SAID PROPERTY ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION. Pursuant to a notice duly published in the Times-West Virginian on November 14, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the purchase of 302 Nuzum Place. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:16 p.m. ANNOUNCEMENTS IN RE: CITY CLERK JANET KELLER AND POLICE OFFICER MERRIFIELD COMMENDED Councilmember Yann stated that he had a resident on Marion Street who had a problem with a parking issue around East Park School and she was very complimentary of Janet Keller and Officer Merrifield that handled the situation. He then commended Janet and Officer Merrifield for their help. 2 IN RE: UTILITY CUTS IN SIDEWALKS AND ROADWAYS Councilmember Burdick suggested that whenever a Utility tears up a road or sidewalk, maybe Council can look into what fines we can impose on them if the road or sidewalk is not repaired in a timely manner. He noted that between our own Utility Department, the Gas Company and Power Company, it takes forever to get the utility cuts repaired. IN RE: POLICE DEPARTMENT COMMENDED Councilmember Mason said that it was important for us to express support and appreciation for our Police Department. He said that in light of the recent reporting with the media concerning drugs, arrests, and crimes, he would encourage the citizenry to help the Police. He noted that it is our town and we need to take care of it and the Police cannot be everywhere and they can’t see anything that they don’t observe. IN RE: HAPPY THANKSGIVING Councilmember Weber wished everyone a safe and Happy Thanksgiving. CITIZENS PETITIONS IN RE: NAMING OF THE NEW THIRD STREET BRIDGE RONNIE VANGILDER, a resident of Morgantown Avenue, presented Council with a proposed Resolution requesting that the new Third Street Bridge be named after Ensign James Show Maddox. He said that Mr. Maddox was born and raised in Fairmont, attended area public schools and received a baccalaureate degree and master’s degree before serving in World War II. Mr. VanGilder said that it seems appropriate to honor his family’s patriotism by dedicating the new bridge in memory of Mr. Maddox. CITY MANAGER’S REPORT IN RE: CITY’S WEBSITE Mr. Gomez reported that the City of Fairmont’s internet site went live today with a new software called Seamless Documents whereby anyone can go to the City’s internet site and under the link Forms and Applications, they can fill out a variety of different things. He said this will allow for easier public access and submission of various City documents on-line. He noted that this 3 will include documents such as: filing B&O Taxes, Freedom of Information Act (FOIA) Requests, Special Event/Field Usage, Starting/Cancelling Utility Services, and more. He added that we will continue to add more forms and applications as we continue with the system/software’s development. IN RE: CELEBRATION OF LIGHTS The City Manager encouraged and invited everyone to visit the Celebration of Lights from November 25th to December 24th. He noted that it was not open every night but from 5:00 p.m. to 9:00 p.m. on Friday, Saturday and Sunday nights. He said that the walking night will be held on December 8 th where anyone can walk through the park. CONSIDERATION OF COUNCIL BUSINESS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THAT CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: LOT 4 NUZUM PLACE, AND BEING PARCEL 240 OF MARION COUNTY TAX MAP 03-26, IDENTIFIED AS 302 NUZUM PLACE, FAIRMONT, WEST VIRGINIA, FROM CREED P. HOLDEN AND TAMMY L HOLDEN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER ANY NECESSARY TRANSACTIONAL DOCUMENTS, AND TO TAKE DELIVERY OF A DEED FOR SAID PROPERTY ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Mayor Straight entertained a motion for the adoption of an ordinance providing for the purchase of 302 Nuzum Place. Motion: Councilmember Weber moved for the adoption of the proposed ordinance. Councilmember Moran seconded the motion. Discussion: Councilmember Mainella asked if there was a change to the status of this proposed ordinance. Mr. Gomez stated that this item was introduced at the last Council meeting. He said that this is a property adjacent to the construction of the Third Street Bridge and apparently the State had made an offer, potentially two offers, to purchase the property then they declined to purchase it. He went 4 on to say that we were notified by the property owner that the State had, in fact, performed some utility work through this property without apparently obtaining the appropriate permission to do it and without actually purchasing the property. He went on to say that the property owner now has some concerns over pursuing the matter with the State and the work that was done on their property when initially the State had declined to purchase the property. He said that you have two options: 1) to approve the item but we will not pursue anything at this time until the property owner clarifies the matter with the State; or 2) deny the item and decline to adopt then we would wait and see what happens and then come back to Council in the future. He stated that either way our goal is to still have the property demolished and the property owner has expressed very little interest in either repairing it or renovating it and he has expressed to him that the property does need to come down. Councilmember Moran stated that the fact is that she understands what Mr. Gomez is saying about what the property owner wants but is there a timeline. She noted that when the bridge is done obviously we all would like that structure to be gone. Mr. Gomez replied that what we will do, and he has expressed this to the property owner, is that we will issue a raze or repair order from our Code Enforcement Department and we will give up to 45 days for the property owner to either repair the property and bring it up to City Codes or to raze it which means to tear it down. He noted that we will do that regardless of what action Council takes tonight although if Council were to approve the item, we would then proceed with obtaining the parcel; it depends on how Council wants to proceed but we would require the property owner to eventually tear it down or we will tear it down. Councilmember Mason said that eventually we are going to end up with the property and eventually we will tear it down so whatever proceedings are completed then we should proceed with the purchase. Councilmember Weber stated that the burden is on the State to resolve this particular issue and it is not up to the City to resolve it. He said that he would vote no on this particular ordinance and to force the State to take care of this particular problem that they created. Mayor Straight said that he doesn’t want to go into any details, but if the State has made a boo-boo somewhere down the line, it’s up to them to straighten it out. He said that the City should have to come in and do that 5 until later on, therefore, his recommendation is to turn it down and bring it back to Council later. Councilmember Burdick asked if the owner has signed any paperwork with the City of Fairmont. The Mayor replied no. Councilmember Moran said everyone is aware that things move really slowly in the State and she looks forward to that building coming down. Councilmember Mainella noted that the State may make a deal to purchase the property and if they do, they will tear it down. He added that the property owner is probably in a lot better position now that the State did what they did to be able to put together a deal with the State and the problem should solve itself. Mr. Gomez said that is what we will continue to pursue but we will give the property owner at least some time to communicate with the State and get the issue resolved and depending on how that goes, we would issue the raze or repair order to the property owner to proceed with taking care of the property. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Burdick No Councilmember Moran Abstain Councilmember Mason No Councilmember Weber No Councilmember Warner No Councilmember Yann No Councilmember Mainella No Mayor Straight No The Mayor declared the ordinance voted down by majority vote of those Councilmembers present. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING PART FIVE – GENERAL OFFENSES CODE, ARTICLE 521 LIQUOR CONTROL OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 521.09 CERTAIN ACTS PROHIBITED BY PRIVATE CLUB LICENSEE THEREOF, TO PROVIDE FOR ON PREMISES CONSUMPTION CONSISTENT WITH THE “BRUNCH BILL”. Mayor Straight entertained a motion and a second for the introduction of an ordinance amending Article 521 to provide for on premises consumption consistent with the “Brunch Bill”. 6 Motion: Councilmember Yann moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Burdick seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for December 13, 2016 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING PART FIVE – GENERAL OFFENSES CODE, ARTICLE 521 LIQUOR CONTROL OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 521.07 CERTAIN ACTS PROHIBITED BY NONINTOXICATING BEER LICENSEE THEREOF, TO PROVIDE FOR ON PREMISES CONSUMPTION CONSISTENT WITH THE “BRUNCH BILL” Mayor Straight entertained a motion and a second for the introduction of an ordinance amending Article 521 to provide for on premises consumption consistent with the “Brunch Bill”. Motion: Councilmember Moran 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 December 13, 2016 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING PART FIVE – GENERAL OFFENSES CODE, ARTICLE 521 LIQUOR CONTROL OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 521.11 CERTAIN ACTS PROHIBITED BY WINE DEALERS THEREOF, TO PROVIDE FOR ON PREMISES CONSUMPTION CONSISTENT WITH THE “BRUNCH BILL” 7 Mayor Straight entertained a motion and a second for the introduction of an ordinance amending Article 521 to provide for on premises consumption consistent with the “Brunch Bill”. Motion: Councilmember Warner 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. The Mayor declared the public hearing set for December 13, 2016 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEST VIRGINIA DIVISION OF HIGHWAYS FOR A TRANSPORTATION ALTERNATIVE PROGRAM GRANT FOR SIDEWALK DESIGN OR CONSTRUCTION Mayor Straight entertained a motion for the adoption of a resolution authorizing the submission of an application for a sidewalk design or construction grant. Motion: Councilmember Weber moved for the adoption of the resolution. The motion was seconded by Councilmember Yann. The Clerk read the proposed resolution by synopsis for the first time. Roll call was taken by the Clerk. 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, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, OFFICE OF ENVIRONMENTAL HEALTH SERVICES FOR A 2016 LOCAL SOURCE WATER PROTECTION GRANT 8 Mayor Straight entertained a motion for the adoption of a resolution authorizing the submission of an application for a Local Source Water Protection Grant. Motion: Councilmember Weber moved for the adoption of the resolution. The motion was seconded by Councilmember Warner. The Clerk read the proposed resolution by synopsis for the first time. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mason moved to adjourn the meeting. The motion was seconded by Councilmember Burdick. The Mayor declared the meeting adjourned by voice vote of Council at 8:07 p.m. 9