City Council

May 23, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 23rd 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 Fire Chief Edward Simmons City Planner Sandra Scaffidi IN RE: OPENING CEREMONIES Rev. Rebecca Minh of Fleming Memorial Church 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 Regular Meeting held on May 9, 2017. Councilmember Yann moved to approve the minutes as submitted. The motion was seconded by Councilmember Moran. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1716, DULY ADOPTED JANUARY 24, 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 Pursuant to a notice duly published in the Times-West Virginian on May 15, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance amending the City of Fairmont Pay Plan. The Mayor asked if anyone present desired to speak to the proposed ordinance. ED SIMMONS, Fire Chief, spoke in favor of the proposed ordinance. He explained that the pay increase will help with recruitment and retention of employees. DAVID WHITEMAN, President of IAFF Local 318, also spoke in favor of the proposed pay increase, specifically the $930 base pay increase for the firefighters. The City Manager then went over the other increases that are being proposed. He noted that this ordinance will allow for a 1% pay increase for all employees which was part of the FY 18 budget that had been approved. There being no one else to speak, the public hearing was called to a close at 7:14 p.m. 2 IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on May 15, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance to provide for changes in the titles of officials required to give bond. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Gomez said this is to clarify the actual job classification titles for the listed employees that are covered under the bond in order to faithfully perform the duties of their job. There being no one else to speak, the public hearing was called to a close at 7:16 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on May 15, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the right of way abandonment near Union Street. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Gomez spoke in favor of the proposed ordinance. He noted that the Planning Commission approved this item at the April 19, 2017 meeting. He added that the City supports this abandonment and recommends the adoption of the proposed ordinance. DUANE COLE, 1696 Union Street, stated that he applied for the alley 3 abandonment and asked Council if they had any questions for him to answer. There were no questions for Mr. Cole. There being no one else to speak, the public hearing was called to a close at 7:17 p.m. ANNOUNCEMENTS IN RE: VIETNAM MEMORIAL CELEBRATION Councilmember Straight noted that the Vietnam Memorial Celebration will be held at Wave Tek on Saturday, May 27th at 1:00 p.m. He invited everyone to attend. IN RE: THREE RIVERS FESTIVAL / JULIA PIERPONT DAY Councilmember Grubb promoted the Three Rivers Festival which will be held May 24-27. She then stated during this time, they will also celebrate Julia Pierpont Day who was the founder of “Declaration Day” which is now called Memorial Day. IN RE: 1ST FRIDAY EVENT Councilmember Moran reported that Main’s Street Fairmont’s 1st Friday event will be held on Friday, June 2nd beginning at 6:00 p.m. at Veterans Square. She also mentioned that on the top two floors of the parking garage, a car show will be held. IN RE: GRADUATES COMMENDED Councilmember Linger extended congratulations to the FSU and Pierpont graduates. IN RE: PLAYGROUND EQUIPMENT Councilmember Merrifield thanked the City workers for installing the new playground equipment that was obtained through a grant for Bellview Park. CITIZENS PETITIONS IN RE: CODE ENFORCEMENT ISSUES ROY “BUTCH” THORNE, 200 Edison Street, addressed Council regarding 4 dilapidated structures and junk cars in the Bellview area. He said that he wanted to hear it for himself that the City of Fairmont was going to tear some of these structures down. He then reported a pile of junk cars in the front yard at 510 Pennsylvania Avenue. Mr. Gomez replied that the City of Fairmont had to wait an additional 15 days because the contractor to demolish the structures on Pennsylvania Avenue found more asbestos in the building. He noted that he is hoping that they will be down in the next couple weeks. Mr. Gomez said that if we could tear them down every day, he would. He then explained that we have to follow the law to take down someone’s property and go through a process. He then said that they are going to come down. CITY MANAGER’S REPORT IN RE: CITY EMPLOYEES COMMENDED Mr. Gomez thanked all city employees for the work that they do. He noted that it does take all 200 individuals to make things happen every day and we do provide city services 24/7, 365 days per year. IN RE: THREE RIVERS FESTIVAL The City Manager reported that the Three Rivers Festival will be held this week, May 24-27 at Palatine Park. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1716, DULY ADOPTED JANUARY 24, 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 5 TECHNOLOGY TECHNICIAN; AND 1% BASE PAY INCREASE FOR ALL EMPLOYEES Mayor Mainella entertained a motion for the adoption of an ordinance to amend the City of Fairmont’s current pay plan. Motion: Councilmember Warner 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. 1738. IN RE: ADOPTION, 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 for the adoption of an ordinance to provide for changes in the titles of officials required to give bond. 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. 1739. IN RE: ADOPTION, 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. 6 Mayor Mainella entertained a motion for the adoption of an ordinance for the abandonment of a right of way of Union Street. Motion: Councilmember Moran moved for the adoption of the proposed ordinance. Councilmember Yann 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. 1740. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2016-2017 ANNUAL BUDGET: GENERAL FUND Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Mason moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Straight seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for June 13, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: BLK 4 LT 12 WILEY ST (3 APTS) PARCEL 172 OF MARION COUNTY TAX MAP 05-10 441 WILEY STREET, FAIRMONT, WV DEED BOOK 1035 PAGE 174 7 FROM WV TL, LLC RAI AS CUSTODIAN, A DELAWARE LIMITED LIABILITY COMPANY TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL OF REAL ESTATE FROM THE CITY OF FAIRMONT TO AN ADJOINING PROPERTY OWNER IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES ADOPTED THEREUNDER; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Mayor Mainella entertained a motion and a second for the introduction of an ordinance to purchase 441 Wiley 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 Mason seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for June 13, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE 25TH ANNIVERSARY CELEBRATION SPONSORED BY THE FAIRMONT COMMUNITY DEVELOPMENT PARTNERSHIP, TO BE HELD IN THE CITY OF FAIRMONT’S DOWNTOWN HISTORIC DISTRICT ON SATURDAY, SEPTEMBER 30, 2017 Mayor Mainella entertained a motion for the adoption of a resolution to endorse the 25th anniversary celebration sponsored by the Fairmont Community Development Partnership. Motion: Councilmember Warner 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 Straight. The Clerk read the proposed resolution by synopsis for the first time. 8 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING THE CITY’S CONSENT TO THE PLEDGE AND CONVEYANCE OF A LEGAL INTEREST IN THE FORMER LT. HARRY B. COLBORN U. S. ARMY RESERVE CENTER BY THE TASK FORCE ON DOMESTIC VIOLENCE, HOPE, INC., AS COLLATERAL OR SECURITY FOR A LOAN TO BE MADE TO THE TASK FORCE ON DOMESTIC VIOLENCE, HOPE, INC., BY MVB BANK, INC. Mayor Mainella entertained a motion for the adoption of a resolution to express the City’s consent to the conveyance of a legal interest in the Army Reserve Center as a security for a loan to be made to Hope, Inc. by MVB, Inc. Motion: Councilmember Mason 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 Straight. 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 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 7:50 p.m. 9