City Council

June 13, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 13th day of June, 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 George Batten of the Union Mission gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Mason. 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 23, 2017. Councilmember Moran 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. 1  PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2016-2017 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on May 29, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for a General Fund budget revision. 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 7:05 p.m. IN RE: 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 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 Pursuant to a notice duly published in the Times-West Virginian on May 29, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the transfer of 441 Wiley Street to the City of Fairmont and then providing for the transfer of the property to an adjoining property owner. 2 The Mayor asked if anyone present desired to speak to the proposed ordinance. KEVIN SANSALONE, City Attorney, spoke in favor of the proposed ordinance. He said this ordinance provides for the purchase of 441 Wiley Street which is a dilapidated structure located on East Side near Dayton Street. He said this structure has been an ongoing problem for the City for a long time and this ordinance will allow the structure to be torn down and then conveyed and transferred to the adjoining property owner. There being no one else to speak, the public hearing was called to a close at 7:08 p.m. ANNOUNCEMENTS IN RE: HAPPY BIRTHDAY TO THE CITY CLERK Councilmember Straight extended birthday wishes to City Clerk Janet Keller. He then thanked her for all that she does for Council and everyone else at the City. Councilmember Warner also wished Janet Keller a happy birthday. IN RE: FREE SHRED DAY Councilmember Mason reported that on July 6th there will be a free shred day at 1042 Morgantown Avenue. He noted that Resolute Forest Products will be on-site to shred paper and the proceeds will go to the Boys and Girls Clubs of Marion County. He invited everyone to come over on that day to shred papers. IN RE: JULIA PIERPONT CELEBRATION Councilmember Grubb thanked Council for their attendance and support of the Julia Pierpont Day Celebration. Councilmember Merrifield noted that he also attended the Celebration and it was a very special event and very informative. IN RE: OPEN HOUSE FOR DR. ROSE AT FSU Councilmember Yann reported that the President of FSU will be retiring and 3 she will be having an open house on June 27th from 11:00 a.m. to 1:00 p.m. at Hardway Hall if anyone would like to attend and thank her for her service to FSU. IN RE: SELLING OF PRESCRIPTION DRUGS Councilmember Yann stated that he attended a Drug Forum at Noteworthy Sweets last week and it was alarming at the things they were talking about. He said that he received an article about the new dealers selling prescription pain killers and he hoped that it will not hit this area. He said that senior citizens have discovered that they can make $20 per pill on the street by selling their prescriptions and they give the excuse that they are not selling to individuals, only to the pushers, so they don’t feel that they have an obligation of keeping those pills. He said, hopefully, it won’t continue here. IN RE: BUILDINGS DEMOLISHED ON PENNSYLVANIA AVENUE Councilmember Merrifield reported that several buildings were demolished on Pennsylvania Avenue this week. He noted that it was the old Pitrolo Market building and a couple homes nearby. The Mayor commended all of those involved in getting the buildings torn down. IN RE: THREE RIVERS FESTIVAL Mayor Mainella thanked those for attending the Three Rivers Festival and he was honored to have been asked to be the parade marshal. CITIZENS PETITIONS IN RE: HOMELESS CITIZENS GEORGE BATTEN, 408 Murray Avenue, addressed Council regarding the homeless citizens in Fairmont and in general “tent city”. He said that homeless people are not a nuisance and they are not responsible for all the drugs in this community. He noted that they are citizens and as such, demand respect. He went on to say that the service organizations that deal with homelessness were informed that the City was closing “tent city”. He said that they were given a date for the closing and they were invited to a meeting. Ken Fletcher from Code Enforcement and Officer Wolford from the Police Department attended from the City. They were informed that on Friday before Memorial Day they would give “tent city” residents 72 hours to 4 vacate with their belongings and because of the holiday they asked that they wait until Tuesday so they could service anyone needing help. Officer Wolford suggested that they have a debriefing following the closure of “tent city”. He then said that on Friday, June 2nd, they went to the arranged debriefing assuming that the notices have been posted and the 72 hours had lapsed. He said that Mr. Gomez and Ken Fletcher attended but not Officer Wolford. Mr. Gomez presented a slideshow of about eight to ten slides illustrating the deplorable mess he assumes the homeless has made. Mr. Gomez conducted himself in a very unprofessional manner and that he would like to hear Mr. Gomez give the same speech to City Council that he gave to them with the same tone and inflections used that day. He said his speech went something like this, I am the City Manager and I am in charge here and if City Council wants to fire me, they can, but until then, I will be in charge. He said this was a debriefing and he wondered why that was said. Mr. Batten went on to say that he could not fathom the aggressiveness that he displayed. He talked over people and did not allow people to speak. He gave an unacceptable display second to none and they no idea that he had postponed the closure. Mr. Gomez then accused the Mission as being the reason homeless come to Fairmont. He said that in 1937 the Union Mission was founded as a Christian organization to help with the homeless problem of the City that existed then. Mr. Batten went on to say that they serve three meals per day to any and all that come but an interesting point is that 50% of those they serve come from outside the Mission and are housed. He then said as to their rules being barriers, how do you house people and keep them safe without rules. He said 33% of the homeless people have mental illness and mentally ill people do not think like you and I do. Homeless people have trouble functioning in society and that is the reason they are homeless. Every department you put homeless people in has rules and these are barriers. The housing coalition cannot house everyone because they do not qualify, another barrier caused by rules. You cannot house those that will not be housed. He said that it is his hope that the City, in the future, will approach change in a friendlier way. Councilmember Mason asked Mr. Batten to get to his point. Mr. Batten said that while understanding that people resist change but when we make people our ally, they will work with us. He said that regarding “tent city”, it was totally deplorable the way it was done and our City Manager’s conduct. LEEANN JONES, 6 Outlook Road, also spoke regarding the homeless and “tent city”. She said to her knowledge there are only two residents left that have not been put in a shelter or they have left the area. She said that they 5 are working with them very closely and sending them to the Union Mission or wherever they need to go for shelter. She said the problem is that some of them do not want to be housed and it is very difficult for them. She thought several of them were going to move around and some are even staying in the abandoned buildings because they don’t want to be housed. She noted this was going to be a problem because they will find another one to go to because they don’t want to follow the rules. She will continue to work with them to be productive citizens. CITY MANAGER’S REPORT IN RE: PLAN TO CLOSE “TENT CITY” Mr. Gomez said the plan is to close “tent city” and any other housing or structure that is unfit for human habitation. They must have water and must have electricity. We have not closed any of them and if anyone is still living there, they are still living there and if they have moved, they have moved but they are on private property and to the best of our knowledge they have not obtained permission to be where they are. He said the images that he shared with Council showed probably seven or eight dump truck loads full of trash. Mr. Gomez said the strategy, since he has arrived, has been is to clean up the City whether it is an abandoned building, a piece of trash on the sidewalk, get new receptacles, encourage Republic Services to do more and to help us more since it is costing all residence more to dispose of trash, that is what we are going to continue to do. He noted that is what this is about is people not living in areas that they should not be living and that they do reach out and receive the services that are available to them from a couple of the organizations you heard tonight plus a dozen more. That is what the plan is about and that is what we are going to continue to do every day here in the City of Fairmont as long as he continues to be the City Manager which is the direction that he has been given to improve and enhance the City, clean it up, get investment, and get development. He went on to say that it is difficult to do that if we have a triangle in downtown with social service agencies that what are they doing to help, they are doing quite a bit and that is greatly appreciated but could they be doing a lot more, absolutely. He noted that was what was stated at that meeting and he will continue to say that unless the Council feels otherwise and that is what we are going to continue to do, to clean the City and ensure people are safe and secure and that includes everyone. That is our task to ensure that you are safe, that you feel comfortable that we have a high quality of life in this City. He noted that it is difficult to do that with the current situation and no City should have should have residences or structures like have been at that location out from 5 th Street to 6 approximately 8th Street for all of these years. He noted that it was unacceptable in any City that you have trash laden area, whether it was one person that did it or 30 or 40 or 100 over the years but it is unacceptable to have that and we will continue to do that throughout the entire City. IN RE: DILAPIDATED BUILDINGS Mr. Gomez reported that the three buildings on Pennsylvania Avenue came down this week. He also mentioned that because of the weather this afternoon, the structure at 712 Locust Avenue came down. He said that Reclaim is currently clearing the location because it continues to be a public hazard. The City Manager then said that there is another item on tonight’s agenda for the City to acquire another dilapidated structure on Wiley Street that we will issue a bid to demolish that structure along with five others over the next couple of weeks. He added that we are moving in many directions and many positive directions to ensure that everyone who lives here and everyone who visits can enjoy the City of Fairmont and that is what we will continue to do unless the Mayor and Council has a different direction that needs to be taken. The Mayor stated that Council gave Mr. Gomez a different direction a few meetings ago. He noted there was a new Sheriff in town and the philosophy has changed, we have money in the upcoming budget to tear these buildings down and it is the consensus of Council that Mr. Gomez has our support to continue this effort to remove these dilapidated buildings. Councilmember Linger stated that he agreed with that but he would like sometime to talk to the City Manager to see what happened with the meeting and why it got to the level it got to. He noted that he understands both sides. Mr. Gomez said that his frustration is that this has gone on long enough and no City should have those types of areas full of trash, litter and debris and people living in those conditions. They happen in thousands of cities around the world, we are not unique to that, but he was selected to be the City Manager and to do as he has already stated and that is the direction that we are going. He explained to them that it has gone on long enough, we gave them notice that this is what we are going to do at a meeting on May 10 th, then spread the word out to other organizations that this is what we were going to do. He said that we are not going to bend on this. He said that on this Friday, June 16th, he, Ken Fletcher and others from Code Enforcement 7 will walk through that area and determine what is there and most likely what we will find will be most of the same structures that are still out there, most of the same debris and litter and other items will still be there. It was also explained to them at the June 2nd meeting that we would not do any type of enforcement until no earlier than July 3rd which is when we will go back out and we would post 72 hour notices on all of those structures to leave, take all of their personal belongings, and after that time period we would go back and then discard the trash and debris that is there. He said again this was explained at that meeting. Councilmember Linger noted that he understood that but he was not sure where the frustration was coming from. That’s why he said they would talk outside of this meeting and find out where it is coming from because everyone has the same goal and we all have separate limitations but we can work together and together we can achieve that goal. He noted that Council does support the City Manager on the steps that he is taking to clean up the City but we just want to make sure that everyone in the City is comfortable working with us as a City and as a team to make this place be able to live. Councilmember Yann stated that we work as a Council and Mr. Gomez works for Council and we are responsible for our constituents and there is not a week goes by that someone does not call him or sees him some place and they want this done, it is not Council coming out on their own. They are saying to get rid of these buildings and eyesores and make this a pleasant area that people want to come and live in. Councilmember Linger said that no one disagrees with that. Councilmember Yann noted that he just wanted to make that clear. Councilmember Mason said that he commends the City Manager for doing what we hired him to do and it is clear that emotions can get a little twisted but we are doing what we need to do and what we have to do and we are going to continue to do it to make the City the best City we can be. Councilmember Yann said there is an effort to try to help these people. Mr. Gomez replied absolutely and the agencies will continue to do that and we are not putting any barriers to say no you can’t do that. He noted that we are simply saying that enough is enough and we are giving you more time for us to advise anybody who maybe residing in those structures unfit for human habitation that this is the end and we are cooperating with them and explaining this to them. He said that we need to go forward and find 8 the solutions, provide the services and find them help and assistance they need. The Mayor closed by saying that the City Manager has Council’s support. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2016-2017 ANNUAL BUDGET: GENERAL FUND Mayor Mainella entertained a motion for the adoption of an ordinance to provide for a General Fund budget revision. 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. 1741. IN RE: ADOPTION, 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 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 9 MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Mayor Mainella entertained a motion for the adoption of an ordinance providing for the transfer of 441 Wiley Street to the City of Fairmont and then providing for the transfer of the property to an adjoining property owner. Motion: Councilmember Yann moved for the adoption of the proposed ordinance. Councilmember Mason 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. 1742. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF THE UNOPENED RIGHT OF WAY OF AN UNNAMED ALLEY PERPENDICULAR TO WESTVIEW DRIVE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA BETWEEN PARCELS 58 AND 11 OF MARION COUNTY TAX MAP 03-19 OWNED BY RAYMOND S. FRIEND, JR., AND PAULA FRIEND AND DUSTIN MERRILL AND AMY MERRILL, RESPECTIVELY; 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 perpendicular to Westview Drive owned by Raymond and Paula Friend and Dustin and Amy Merrill. 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 27, 2017 by voice vote of Council. 10 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, WINFIELD DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 0.25 AC HOULT MAP 06-01 PARCEL 0016 WINFIELD CITY, MARION COUNTY, WV FROM PHYLLIS A. LEMLEY 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 property on Hoult Road. 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 June 27, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2017-2018 ANNUAL BUDGET: GENERAL FUND Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for an FY18 General Fund Budget Revision. 11 Motion: Councilmember Yann 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 June 27, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2017-2018 ANNUAL BUDGET: COAL SEVERANCE Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for an FY18 Coal Severance Budget Revision. Motion: Councilmember Warner 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 27, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE HOMEBREWERS AGAINST HUNGER EVENT SPONSORED BY THE FAIRMONT HOMEBREWERS CLUB TO BE HELD AT PALATINE PARK ON SATURDAY, SEPTEMBER 23, 2017 Mayor Mainella entertained a motion for the adoption of a resolution to endorse the Homebrewers Against Hunger event to be held at Palatine Park on Saturday, September 23, 2017. Motion: 12 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 7:45 p.m. 13