City Council

May 9, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of May, 2017, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Mainella called the meeting to order. Councilmembers present were: First District Marianne Moran Second District Frank G. Yann Third District Robert (Rob) Linger Fourth District Kenneth (Brad) Merrifield Fifth District Fran Warner Sixth District Dora Kay Grubb Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Ronald J. (Ron) Straight, Sr. Also present were: City Manager Robin I. Gomez City Clerk Janet L. Keller City Attorney Kevin Sansalone Police Chief Steve Shine Fire Chief Edward Simmons City Planner Sandra Scaffidi IN RE: OPENING CEREMONIES Rev. Robin Norsworthy gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Grubb. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Levy Meeting held on April 18, 2017 and from the Regular Meeting held on April 25, 2017. Councilmember Moran moved to approve the minutes as submitted. The motion was seconded by Councilmember Yann. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: PROCLAMATION PRESENTED TO CITY CLERK Mayor Mainella presented a proclamation to City Clerk Janet Keller in honor of May 7th-13th being recognized as Municipal Clerk Week. PUBLIC HEARINGS IN RE: AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 1248, AS AMENDED, WHICH IS CODIFIED AS PART SEVEN BUSINESS AND TAXATION CODE, ARTICLE 755-FIRE PROTECTION SERVICE CHARGES OF THE FAIRMONT CITY CODE AND MORE PARTICULARLY SECTION 755.02 LEVIED THEREOF, TO PROVIDE FOR AN INCREASE IN THE FIRE PROTECTION SERVICE FEE Pursuant to a notice duly published in the Times-West Virginian on April 17, 2017 and April 24, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for an increase in fire fees. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Gomez spoke in favor for the increase in the fire fee, which has not been increased since 2003. He said that this item was discussed back in February or March as part of the FY 18 budget. He went on to say that our costs for fire protection services, in addition to just about all other city costs, as consumer price index or inflation rates go have increased over those 13 years since the last increase. He also stated that our fire salaries have staggered in keeping up with other cities, a reason for a significant decrease in the number of firefighter applicants over the last 15 years. He went on to say that nobody appreciates or wants an increase in service fees, however, they have to be done. Mr. Gomez said that it is better to have nominal increase rather than have to deal with a significant increase after time. He added that in order for the City to stay effective financially, it is necessary to make adjustments to fees from time to time. ED SIMMONS, Fairmont Fire Chief, also spoke in favor of the fire fee increase saying that the City’s adjustment in the fees was for the betterment of the area and the fire department. The Chief also mentioned that the department has two pumper trucks that are 20 plus years old, a roof leaking at the Watson Fire Station, and issues with recruitment and retention. 2 LOUISE RIDENOUR, a resident of O’Dell Street asked if the increase in fire fees will just go for the fire department raises. The Mayor replied no. He said that our fire fee generates $1 million dollars plus and the fire department budget is $3 million dollars plus so we are trying to decrease that gap. He noted that we have a fire station on the East Side that is over 100 years old and needs to be replaced. He added that we have a couple fire trucks that are getting old that we want to replace. Ms. Ridenour then mentioned that the one house beside her is vacant and the doors are open to where anyone can walk in and the windows are broken out. She then asked if they pay the fire fee. Mr. Gomez replied yes. Ms. Ridenour said that no one lives in that house. She then said that the house on the other side of her has been vacant for about 15 years and was supposed to have been torn down. She mentioned that there is a fire hydrant at 137 O’Dell Street but it does not work. She said years ago there was a fire up the road and they didn’t get enough water in time to save the house. She then asked if she can get a fire hydrant close by that will work. She then stated that she was not against the increase, she just wanted a fire hydrant that will work. Councilmember Mason asked if there was a schedule for reviewing all fire hydrants that are not working. Mr. Gomez replied that we do have a program to review each fire hydrant in the City. He then said that there are fire hydrants that are working that are close enough should there be a fire to be able to suppress the fire with the water. Chief Simmons said that the fire department can lay a hose at least 1200 feet in the event that there would be a fire with no working hydrants. He assured Ms. Ridenour that we would have water for her. Ms. Ridenour then asked if every structure is billed a fire fee. Mr. Gomez replied yes, each structure is billed a fire fee, however, not everybody pays the fire fee. He said every structure is billed a fire fee and everybody is required to pay it and we do take people to court and we have 3 pending cases. Councilmember Grubb asked about giving a bigger raise to the firefighters that have been with the department for a longer period of time. Chief Simmons replied that we have a seniority pay and the firefighters get an increase every year in longevity. He said that we really can’t change the base pays in relation to the number of years because that is not legal under Civil Service. Mr. Gomez responded by saying that all employees, including the fire department, are receiving a 1% salary increase to their base pay. He noted that there are some adjustments to the Firefighter Apprenticeship I, Firefighter Apprenticeship II, and Firefighter. He said their base salary is being adjusted by the amounts listed in the pay plan ordinance because they are so below other comparable cities that we are making those adjustments. Councilmember Yann then asked about the hydrants saying that in his district, there are black bags over the hydrants. Chief Simmons said that he did that last year but he wants to try a little different philosophy this year because the bags didn’t stay on the hydrants. He thought the issue with the hydrants would get addressed a little quicker and they didn’t so that system didn’t work. The City Manager then said that there are hydrants throughout the entire city that are accessible to the fire department when the need arises so that it can extinguish a fire wherever that fire is regardless of the distance to where the hydrants are located. There being no one else to speak, the public hearing was called to a close at 7:30 p.m. ANNOUNCEMENTS IN RE: MAIN STREET EVENT Councilmember Moran reported the Main Street Fairmont 1st Friday event that was supposed occur last week was cancelled due to the weather so it will be held this Friday at Veteran’s Square beginning at 6:00 p.m. IN RE: MEALS ON WHEELS DINNER 4 Councilmember Yann stated that he attended a wonderful dinner last night for the 44th anniversary of the Meals on Wheels program. He noted that they do a wonderful service to the community and their money comes from donations from individuals, clubs, churches, and they have been sustaining for 44 years. IN RE: CODE COMPLAINT Councilmember Linger reported that he received a call from someone on Wiley Street saying that their trash has not been picked up in two months. He then asked Mr. Gomez if he could make a call to Republic Services. Councilmember Linger then asked if anything was being done about 441 Wiley Street. Mr. Gomez responded by saying that we did reach out to Rebuild America that purchases distressed properties throughout the country and they will sell us the property. Mr. Sansalone said that it was originally owned by a company called Old Home Properties who failed to pay the taxes in 2014 so at the 2015 tax sale, it was sold to a company out of Florida and we are in the process of attempting to negotiate with them to take a deed to it from the Deputy Commissioner for delinquent non-entered lands in return for reimbursement of the amount of money that they paid at the tax sale and then provide for the demolition. IN RE: THIRD STREET BRIDGE REPAIRS Councilmember Linger then asked if we had any information on the Third Street Bridge getting repaired. He noted that there are multiple potholes that needs to be patched. The Mayor noted that there is a pothole on the East Side of the bridge that if you hit it just right, it could be a game changer. IN RE: CITY PARKS Councilmember Merrifield said it was nice to see the City starting to work on the playground in Bellview and getting ready to install the equipment that was purchased with a grant from a local resident. IN RE: CITY CLERK JANET KELLER COMMENDED 5 Councilmember Warner stated that she would like to say congratulations to Janet Keller and thanked her for almost 39 years of dedication to this City. She noted that, in itself, was a major accomplishment. IN RE: VARIOUS CODE COMPLAINTS Councilmember Grubb reported that 806 – 6th Street is supposedly the house that was torn up pretty bad. She said that the house was condemned and all of the utilities have been turned off but there has been someone living there since November. Councilmember Grubb stated that at 522 Mt. Vernon Avenue, a young man bought the house that is a single residence but now has three independent people living in the house with him. Councilmember Grubb reported that they still have not picked up the debris in the dumpster down from 4th Street. She noted that mattresses are still there plus the trash around it. IN RE: JULIA PIERPONT DAY Councilmember Grubb mentioned that Julia Pierpont Day will be held on Saturday, May 27th at the church across from the old fire department on Monroe Street at 10:30 a.m. She invited everyone to attend. IN RE: WVML BOARD MEETING Councilmember Straight reported that he, Mayor Mainella and City Clerk Janet Keller attended the WV Municipal League Board meeting in Bluefield last week. He noted that it was a good meeting and several house and senate bills were discussed. CITIZENS PETITIONS IN RE: SPRING INTO ACTION FAIR DR. BUD SAPP, thanked Council for the City’s participation in Leadership Marion’s “Spring Into Action Fair” held in downtown Fairmont last week. He noted this was the 4th year for the event. CTY MANAGER’S REPORT 6 IN RE: INFORMATION ON WEBSITE Mr. Gomez reminded everyone that all City of Fairmont information is available on the City’s website including all financial information, job postings, job classifications, and salary information. He also mentioned that all utility account holders can receive and pay their bills electronically. IN RE: BLIGHTED AREAS The City Manager said that regarding the blighted areas, the City has identified 30 properties to be demolished. IN RE: STREET PAVING The City Manager reported that paving will begin by mid-June. He noted that 24,000 tons of asphalt will be paved in this year’s project and is more than any given year. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 1248, AS AMENDED, WHICH IS CODIFIED AS PART SEVEN BUSINESS AND TAXATION CODE, ARTICLE 755-FIRE PROTECTION SERVICE CHARGES OF THE FAIRMONT CITY CODE AND MORE PARTICULARLY SECTION 755.02 LEVIED THEREOF, TO PROVIDE FOR AN INCREASE IN THE FIRE PROTECTION SERVICE FEE Mayor Mainella entertained a motion for the adoption of an ordinance to increase the fire fees. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Straight seconded the motion. 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. 1737. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1716, DULY ADOPTED JANUARY 24, 7 2017, WHICH PROVIDES FOR THE CITY OF FAIRMONT’S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR THE FOLLOWING: INCREASES IN SHIFT DIFFERENTIAL AND CERTIFICATION PAY FOR CERTAIN EMPLOYEES (STEELWORKERS AND NON-REPRESENTED NON-EXEMPT); $3,000.00 BASE PAY INCREASE IN THE SALARY FOR PROBATIONARY FIREFIGHTER; $2,000.00 BASE PAY INCREASE FOR FIREFIGHTER APPRENTICESHIP I AND II; $930.00 BASE PAY INCREASE FOR FIREFIGHTER; CREATION OF OFFICER IN CHARGE PAY WITHIN THE FIRE DEPARTMENT; $1,500.00 BASE PAY INCREASE FOR CERTAIN NON-REPRESENTED NON-EXEMPT ASSISTANT SUPERVISORS AND THE POSITION OF ENVIRONMENTAL TECHNICIAN PRETREATMENT COORDINATOR; $8,070.00 BASE PAY INCREASE FOR THE POSITION OF INFORMATION TECHNOLOGY TECHNICIAN; AND 1% BASE PAY INCREASE FOR ALL EMPLOYEES Mayor Mainella entertained a motion and a second for the introduction of an ordinance to provide for increases in the pay plan. Motion: Councilmember Moran moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Merrifield seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 23, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING PART ONE ADMINISTRATIVE CODE, CHAPTER ONE-GENERAL PROVISIONS, ARTICLE 106 BONDS OF THE FAIRMONT CITY CODE, TO PROVIDE FOR CHANGES IN THE TITLES OF OFFICIALS AND EMPLOYEES REQUIRED TO GIVE BOND CONDITIONED UPON THE FAITHFUL PERFORMANCE OF THEIR DUTIES Mayor Mainella entertained a motion and a second for the introduction of an ordinance to provide for changes in the titles of officials and employees required to give bond for the performance of their duties. Motion: 8 Councilmember Straight 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 May 23, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF THAT CERTAIN UNOPENED PORTION OF THE RIGHT OF WAY OF UNION STREET SITUATE, LYING AND BEING IN THE CITY OF FAIRMONT, WINFIELD DISTRICT, MARION COUNTY, WEST VIRGINIA BETWEEN PARCELS 37, 39, 40 AND 40.1 OF MARION COUNTY TAX MAP 06-08 OWNED BY DUANE COLE AND MARTINE COLE; RESERVING ALL UTILITY RIGHTS Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for the abandonment of an unopened right of way of Union Street. Motion: Councilmember Moran moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Yann seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 23, 2017 by voice vote of Council. 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 AND DENYING A REQUEST TO REZONE PROPERTY DESCRIBED AS PARCELS 74.5 OF MARION COUNTY TAX MAP 03-07, COMMONLY REFERRED TO AS THE BOX FACTORY, SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA FROM NEIGHBORHOOD MIXED USE TO INDUSTRIAL 9 Mayor Mainella entertained a motion for the adoption of a resolution affirming the findings and recommendations from the Planning Commission and denying a request to rezone the Box Factory property from Neighborhood Mixed Use to Industrial. Motion: Councilmember Merrifield moved for the adoption of the proposed resolution and the reading of a synopsis in lieu of the entire 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 and the following votes were recorded: Councilmember Merrifield Yes Councilmember Yann Yes Councilmember Linger No Councilmember Mason Yes Councilmember Grubb Yes Councilmember Straight Yes Councilmember Warner Yes Councilmember Moran Abstain Mayor Mainella Yes The Mayor declared the resolution adopted by majority 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 Straight. The Mayor declared the meeting adjourned by voice vote of Council at 8:00 p.m. 10