City Council

June 27, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th 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 (arrived late) 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 City Planner Sandra Scaffidi IN RE: OPENING CEREMONIES Rev. D. D. Meighen 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 June 13, 2017. Councilmember Mason moved to approve the minutes as submitted. The motion was seconded by Councilmember Warner. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on June 19, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the abandonment of an unopened right of way perpendicular to Westview Drive. 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 right of way abandonment was applied for by Paula and Ray Friend and is the alley between their house and their daughter’s house, Amy Merrill. The alley is an unopened alley, unnamed and is simply a platted right of way and does not serve any public purpose. The Planning Commission held a meeting in May and recommended the approval of the abandonment. There being no one else 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, 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 2 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 June 19, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the conveyance and transfer of property on Hoult Road. The Mayor asked if anyone present desired to speak to the proposed ordinance. KEVIN SANSALONE, City Attorney, spoke in favor of this proposed ordinance. Mr. Sansalone said this ordinance provides for the purchase in the amount of the taxes that were due on the property for tax year 2016 which were only a few hundred dollars. This property is a blighted and dilapidated structure on Hoult Road and once the City purchases it, it is our intention to demolish it. He noted it will be part of the next demolition bid with about five other properties to be bid out as a group. There have been discussions with the adjoining property owner for the transfer of the property to him once the house is demolished and the property cleaned up. He noted it was under the $15,000 threshold to avoid an auction and both transactions are being approved by this ordinance. ED VINCENT, a resident of 606 Maple Avenue, spoke against the proposed ordinance. He said there was a similar property transfer approved at the last Council meeting and his question is when this is sold to an adjoining property owner, do they pay or what they pay cover all of the cost acquiring the property and demolition. Mr. Gomez replied not the demolition. He said the adjacent property owner will reimburse the City the cost that we paid to acquire the property which in this case is several hundred dollars in taxes. He noted that is what we have agreed to at this point. It serves a public purpose because if we remain the owners of it there is very little that the City can do with the property. We would prefer and are recommending this item to be approved so that the property at least can be utilized by an adjacent property owner and goes back on the tax roll and they have a better use for it then we could or would have at this point. Mr. Vincent said he could understand that the City does not want to continue to own the property but it offends him that they are not paying for the 3 demolition of it. He said that he had a derelict house next to him and he had to buy it and had to pay Reclaim $7,000.00 to tear it down and there are a lot of other people paying to have houses torn down. He did not think the City should be the benefactor in this and that he should be paying for tearing down a house and giving to it someone else. The person buying it should reimburse the City the full cost and he thought there was a program where they could get a loan through the City to do that. Mr. Gomez said that it is up to the discretion of the Council as to how we abate dilapidated and falling down structures and the direction that we have been given is to continue with that program and attempt to recover what we can recover which is the reason we are progressing with the program right now which is to tear the structures down. It would be great if we could recover the full cost. We have acquired several properties and the people are just not interested in the entire cost of it and if people wanted to do it, we would be happy to do that but they are not interested so we are, at least, recovering some of the cost that we are incurring to eliminate the blight. He said, otherwise, it is just going to stay there. Mr. Vincent said that he wanted to be on record that he did not think that was right. He thought if someone is going to get the property, they should pay the cost of the taxes and to tear it down. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2017-2018 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on June 19, 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. Mr. Gomez stated this is just a process that is carried out at least four times a year to revise our budget. This is the first revision for fiscal year 2018 and the majority of the items that are being adjusted are related to the sales tax that was collected in FY 2017. There being no one else to speak, the public hearing was called to a close at 7:13 p.m. 4 IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2017-2018 ANNUAL BUDGET: COAL SEVERANCE Pursuant to a notice duly published in the Times-West Virginian on June 19, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance providing for a Coal Severance budget revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager said this item is similar to the prior item. He said the same process just a smaller dollar amount and adjustments for our Coal Severance fund which is primarily utilized for snow removal and supplies. There being no one else to speak, the public hearing was called to a close at 7:14 p.m. ANNOUNCEMENTS IN RE: SHEETZ GRAND OPENING Councilmember Straight reported that the Sheetz grand opening will be held on Wednesday, June 28, at 5:00 p.m. He encouraged everyone to show up to show our appreciation. 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: FATHER’S DAY PROGRAM Councilmember Grubb thanked Rev. Meighen for a wonderful Father’s Day Program on June 18th. The Mayor mentioned that he also attended the celebration and it was a very nice program. IN RE: PRICKETT’S FORT PROGRAM 5 Councilmember Grubb reported that next week Prickett’s Fort will be having a black program of Western Virginia starting back in the early 1700’s and runs for four days. She invited everyone to attend the program. IN RE: 200TH BIRTHDAY CELEBRATION FOR WEST VIRGINIA Councilmember Grubb reminded everyone that in 2 ½ years will be the City’s 200th birthday and we should start looking towards having a week- long program. IN RE: CEMETERY OFF 7TH STREET Councilmember Grubb said there is a grave yard off 7th Street that is hardly attended to now because most of the family have passed. They are have problems with cleaning up that cemetery. She said that the Work Release People would be willing to help with the cleanup if we could set up a time for them. IN RE: VICTORY COURT Councilmember Grubb reported that Victory Court needs to be paved this year. It has not been paved for 50 years. IN RE: METHOD OF DEMOLISHING STRUCTURES Councilmember Linger said that regarding the concerns about the method of demolishing dilapidated homes and how we achieve that and how we offer the property so we are not responsible for maintenance of that property that is from the direction of the Council. That was a decision that we all made together to get the ball moving forward to take care of these problems. He said that if though there may be times where it seems unfair, you just have to remember that it is not personal. IN RE: SUBSTANCE ABUSE COALITION Councilmember Moran reported that she, the Police Chief, Mayor, and City Manager attended a Substance Abuse Coalition meeting. They pick neighborhoods and go door to door and hand out packets of information about prevention and treatment of substance abuse and then they have town home meetings in each of those communities. She mentioned that she was excited to be involved with that and wants to become more involved with it. 6 IN RE: METHOD OF DEMOLISHING STRUCTURES The Mayor said that this new philosophy that Council has adopted to get rid of some of these blighted, vacant, dilapidated structures it might not be 100% fair but it’s not fair that somebody that takes care of their property and takes pride in their property has to have one of these abandoned houses next door to them that hasn’t been lived in for 50 years. As far as fairness goes, we think it is very fair that the City use money that we allocated to demolish these buildings and houses and get rid of them so you don’t have to look at them. IN RE: ATTENDED RIBBON CUTTING The Mayor mentioned that he, Councilmember Moran and Mr. Gomez attended the ribbon cutting of the new Clarion Inn/Suburban Inn. He noted that the facility is now half extended stay and half nightly motel. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER’S REPORT IN RE: 4TH OF JULY CELEBRATION Mr. Gomez reminded everyone that City Council adopted a fireworks ordinance last year and the ordinance does restrict the use of fireworks to just the 4th of July between 10:00 a.m. and 10:00 p.m. He asked all residents to be mindful of neighbors, veterans, and pets. He then invited everyone to attend the 4th of July celebration at Palatine Park. IN RE: ECONOMIC DEVELOPMENT ITEMS Mr. Gomez mentioned some of the economic development/redevelopment items that are taking place in this area:  Opening of Sheetz  WVU Medicine Project  Miller School Housing  Fairmont Federal Credit Union 7   West Side Market on Locust Avenue  County added boat ramps and dock at Palatine Park  Salt and cinder storage facility at our Public Works Complex  Folks renovating their private property  Say Boy Restaurant old facility being demolished  Continue to work on eliminating blight IN RE: DEPARTMENT UPDATES Mr. Gomez also reported that the Police department responded to 580 calls last week which is, so far, the most calls in one week this year; made over 40 arrests; issued 13 citations; wrote 9 traffic reports; made 15 transports to the regional jail. They stay very, very busy. The Fire department continues to respond. He said that responded to 15 fire/rescue related incidents; 35 EMS incidents; and one structure fire. He noted that they were also busy working on hydrant maintenance and working on the preliminary design and other detailed work to replace our East Side Fire Station. Mr. Gomez said that Code Enforcement could work 80 hours per week and still not be able to keep up with the overgrown grass, weeds, trash, debris, dumpsters, the rental registration inspection program, as well as the building inspections for all of the building construction and demolitions that are going on throughout the City. The Manager informed Council that paving began yesterday with the milling of a few streets. In addition to our regular street maintenance and parks, we are into our paving season. He then asked for everyone’s cooperation and understanding during the paving season. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 8 Mayor Mainella entertained a motion for the adoption of an ordinance to provide for a General Fund budget revision. 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. 1743. 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, 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 for the adoption of an ordinance providing for the conveyance and transfer of property on Hoult Road. Motion: Councilmember Yann moved for the adoption of the proposed ordinance. Councilmember Merrifield seconded the motion. Roll call was taken by the Clerk. 9 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1744. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2017-2018 ANNUAL BUDGET: GENERAL FUND Mayor Mainella entertained a motion for the adoption of an ordinance providing for a General Fund budget revision. Motion: Councilmember Warner 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. 1745. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2017-2018 ANNUAL BUDGET: COAL SEVERANCE Mayor Mainella entertained a motion for the adoption of an ordinance providing for a Coal Severance budget revision. Motion: Councilmember Merrifield 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. 1746. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1423 CODIFIED AS PART ONE ADMINISTRATIVE CODE OF THE CITY OF FAIRMONT, AND MORE PARTICULARLY, CHAPTER SEVEN BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 162 FAIRMONT PARKS COMMISSION, SECTION .09 RULES AND REGULATIONS THEREOF TO PROVIDE FOR THE APPLICABILITY 10 OF SAID RULES AND REGULATIONS TO ALL MUNICIPAL PROPERTIES WITHIN THE CITY’S PUBLIC PARK AND RECREATION SYSTEM UNDER THE MANAGEMENT OF THE COMMISSION Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for an amendment to Article 162, Fairmont Parks Commission, to include all municipal properties within the City’s public park system under the management of the Commission. 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 July 11, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE FILING OF AN APPLICATION WITH THE UNITED STATES DEPARTMENT OF JUSTICE FOR FUNDING UNDER THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT PROGRAM TO IMPLEMENT A HIRING PROGRAM FOR TWO NEW LAW ENFORCEMENT OFFICERS IN THE CITY OF FAIRMONT; RATIFICATION Mayor Mainella entertained a motion for the adoption of a resolution authorizing the filing of an application with the COPS Grant Program to implement a hiring program for two new Police Officers. Motion: Councilmember Straight 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 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 Council. 11 IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE FILING OF AN APPLICATION WITH THE NATIONAL RECREATION AND PARK ASSOCIATION/DISNEY PLAY SPACES GRANT FOR A “MEET ME AT THE PARK” GRANT TO FUND, IN PART, AN ALL-INCLUSIVE PLAYGROUND IN THE CITY OF FAIRMONT AT NORWOOD PARK; RATIFICATION Mayor Mainella entertained a motion for the adoption of a resolution authorizing the filing of a grant application with the National Recreation and Park Association for Norwood Park. 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 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 Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Mainella entertained a motion to adjourn to Executive Session as per WV Code §6-9A-4(2)(9) and City Charter 2.11(a)(3) – to consider matters involving or affecting the purchase, sale, conveyance or lease of real property. Motion: Mayor Mainella moved to adjourn to Executive Session as per WV Code §6- 9A-4(2)(9) and City Charter 2.11(a)(3). Councilmember Yann seconded the motion. Roll call was taken by the Clerk. The Mayor declared the meeting adjourned to Executive Session at 7:43 p.m. by unanimous vote of Council. IN RE: MEETING RECONVENED 12 The Mayor declared the meeting reconvened at 8:40 p.m. 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 8:41 p.m. 13