City Council

August 22, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 22nd day of August, 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 V. Sansalone Police Chief Steve Shine Fire Chief Edward Simmons Program Manager Martha Richards IN RE: OPENING CEREMONIES Rev. Mark Staples of Mt. Zion Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. IN RE: PROCLAMATION PRESENTED Mayor Mainella presented a proclamation to Bryan Schuerman with WBOY- TV Station in recognition of their 60th anniversary of being on the air. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on August 8, 2017. 1 Councilmember Moran moved to approve the minutes as submitted. The motion was seconded by Councilmember Straight. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Pursuant to a notice duly published in the Times-West Virginian on August 14, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance to approve and adopt current replacement pages to the Fairmont City Code. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Gomez spoke in favor of the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. ANNOUNCEMENTS IN RE: MAIN STREET FAIRMONT’S ANNUAL MEETING Councilmember Moran reported that Main Street Fairmont’s Annual Meeting will be held on Monday, August 28th at 6:00 p.m. in Council Chambers. She invited everyone to attend. IN RE: CITY CLERK JANET KELLER COMMENDED Councilmember Yann commended City Clerk, Janet Keller, on the article that was in the newspaper. He said that it was well deserved and he knows that Janet will continue do the great job that she does. Councilmember Mason also commented on the article regarding Janet. He noted that it was a beautiful article in the local paper. Councilmember Warner noted that she was the first one to tell Janet about 2 her article in the newspaper. She noted that it was a wonderful article. Mayor Mainella reiterated what a wonderful job that Janet does for City Council. He said if City Council is the hand, she is the thumb. He then thanked Janet for what she does for City Council and for her 39 years of service to the City of Fairmont. IN RE: HAPPY BIRTHDAY DIXIE YANN Councilmember Yann extended Happy Birthday greetings to his wife, Dixie. Councilmember Linger also wished Dixie Yann a Happy Birthday. IN RE: WEST SIDE COALITION Councilmember Merrifield mentioned that he had a good time attending the barbeque at Windmill Park a couple weeks ago. He noted that it was sponsored by the West Side Coalition. IN RE: WBOY COMMENDED Councilmember Straight extended congratulations to WBOY on their 60 th anniversary. He mentioned that his wife, Cyndi, was married to Mike Simons who used to do the snowbird report at WBOY years ago. IN RE: ROAD BOND ELECTION Councilmember Mason noted that later in the meeting, City Council will be considering an item regarding the support of the Road Bond election to be held on October 7th. He said this resolution will be whether or not to use the $130 million to leverage that into bonds to finance the operation of our roads. He said that anyone who drives on our roads, outside of Fairmont, know that we are in dire need of the support. CITIZENS PETITIONS IN RE: SCHOOL CROSSING GUARDS VALERIE EFAW, a resident of Ridgely Avenue, addressed Council regarding the duties of the school crossing guards. Ms. Efaw stated that she is a bus operator for the Marion County Schools and said that it has been brought to their attention that crossing guards have been instructed not to stop traffic to allow school buses out from the schools and their only function is to help 3 students walk and cross the streets safely. When the crossing guards help the buses leave the schools, they are helping with the student’s safety in that capacity as well. She said without the assistance of the crossing guards, it makes entering the traffic more dangerous. She then urged Council to reconsider this decision. IN RE: CITY WATER ISSUE MIKE SMITH, a resident of 1908 Nicki Street, Pleasant Valley, addressed Council regarding a water issue at his house. He said that when he goes on vacation, he turns off the water to his house when he is gone. He said that when he comes back, the line is full of mud and has caused him to replace his hot water tank at least three times. He asked Council to point him in the right direction because the people he has talked to from the City told him that since he is at the end of the line there is nothing they can do. IN RE: HUMAN RIGHTS COMMISSION ORDINANCE PATRICIA CONNER, a resident of 1147 Avalon Road, addressed Council regarding the proposed Human Rights Commission ordinance. She said that she was born and raised in Fairmont and this is the “Friendly City”. She said the adoption of the Human Right ordinance will show that to people. She then encouraged Council to adopt this ordinance at the September 12 th meeting. CITY MANAGER’S REPORT IN RE: SCHOOL CROSSING GUARDS Mr. Gomez said our crossing guards exists to assist pedestrian traffic and not for directing vehicular traffic. That is not their role to do. It is actually dangerous for them to go out into the streets to direct traffic. They are there as their job classification title explains that they are crossing guards. All school buses just like everybody operating any vehicle must observe and abide by all traffic control maintenance signs whether they be speed limits, stop signs, yield signs, etc. That is a reason Virginia Avenue and 10th Street and Virginia Avenue and 11th Street are now 4-way stop sign intersections. That means everybody must abide by those stop signs. School buses should not go through them and school buses are not there to dart out in front of traffic, as he has observed in the months that he has been here. There are other intersections that have been converted into 4-way stops to ensure that 4 the traffic abides by the posted speed limits. Councilmember Straight asked about the Watson Elementary School area. He said that he picks up his granddaughter just about every day and if it wasn’t for the crossing guards, it would be hard to get out of that school. Chief Shine said that we attempted to have the school or the Board of Education take over those duties because they do benefit the school, students, and buses. They can use them as they saw fit. He added that we just don’t have the people to fill all of the positions for the crossing guards. The Chief said, last year, the Board of Education or the staff members at Watson Elementary decided to hire outside to have their own crossing guard there and we are not seeking to replace that position because we did make an offer of funding to take over the positions that we currently have and that was not taken up by the Board of Education. We are not going to be replacing any positions as we lose crossing guards; we are simply going to ask the school to make something available to whatever is going to assist the people that actually go to school there. He said if there is an issue with the traffic flow through the school that has to be handled by the school. If there is an issue with parking at the school, that needs to be handled by the school. We are getting into an area with responsibility that is somebody else’s whenever they start directing how traffic is going to flow through the parking lot. He added that we can make suggestions and would love to do that but we don’t have the power or authority to do that. Councilmember Straight said when school is letting out at Watson cars parked all along the street and it was always easier to let the buses come out first then the cars. Mr. Gomez said one thought was to make exiting out of Watson School a right turn only for vehicles. He said that would not be a very popular decision but if we get involved to regulate the maintenance of traffic on city streets, it is much easier to put a 4-way stop than to make a dangerous left turn out of Watson Elementary onto Mary Lou Retton Drive. We are happy to help out but it is the responsibility of the school. Councilmember Mason asked if the need warrants, can we have one of our patrol people there for 20 to 30 minutes so the buses can get out. The Mayor said that the patrol people are probably spread thin enough the 5 way it is now. The Chief replied that we have 3 to 5 patrol officers on duty at one time and we are losing 2 officers this week. We have 2 officers that cover 7 schools inside Fairmont city limits and when you say calling someone out for half an hour to do that, that would be call out time that would require 4 hours of overtime for that officer. We have additional patrols that we are going to be adding at an added cost benefit to the City of following school buses around, hitting problematic routes and it is easy to say move someone over there but we are handling over 600 per week with 3 to 5 officers working per shift. To say putting someone over there for half hour would be easy but it’s not that simple. IN RE: PAVING PROJECT The City Manager reported that our paving continues. To date, the contractor has layed 6,632 tons of asphalt on approximately 20 streets and alleys. We are about ¼ way through the paving and are beginning to run out of warm days. He said that we will, most likely, have a second paving crew that will begin to pave on East Side. IN RE: DEMOLITION PROJECTS The Manager said that work is being done on Locust Avenue due to the construction of a new market at Locust and Alexander Streets. He said there were three structures that were removed late last week in that area. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Mayor Mainella entertained a motion for the adoption of an ordinance to approve and adopt current replacement pages to the Fairmont City Code. Motion: Councilmember Straight moved for the adoption of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. 6 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1748. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, 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, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, AND DESCRIBED AS BLK 3 LS 4-5 MORGANTOWN AVENUE (PLAT 167-419), AND COMMONLY KNOWN AS 1115 MORGANTOWN AVENUE, FROM KIRK E. ATHA AND KRISTY S. ATHA Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for the purchase of 1115 Morgantown Avenue for the new East Side Fire Station. 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 September 12, 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 PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, NAMELY: CERTIFICATION # DESCRIPTION MAP PARCEL # 245552 LT “A” PEACOCK TERRACE ADDN 03-18 58 245698 BLK A LT 20 WILLARD DR 03-35 71 245987 BLK A WILLARD DR LT 4 03-35 58 245988 BLK A LT 21 WILLARD DRIVE 03-35 72 245989 BLK C LT 8 WILLARD DRIVE 03-35 46 246112 BLK A LT 8 WILLARD DRIVE 03-35 61 246153 PT LOT 104 CHESTNUT ST 03-29 44 246154 ½ LOT 104 JEFFERSON ST 03-29 45 7  246294 BLK A LT 24 WILLARD DRIVE 03-35 75 246317 LT 1 TAFT ST 03-34 321 246444 PCL (5628 SF) (2BLDGS) STATE ST 05-07 343 FROM THE STATE OF WEST VIRGINIA DEPUTY COMMISSIONER OF DELINQUENT AND NON-ENTERED LANDS AS A RESULT OF THE NON- PAYMENT OF THE REAL ESTATE TAXES Mayor Mainella entertained a motion and a second for the introduction of an ordinance authorizing the purchase of various parcels of real estate. Motion: Councilmember Warner 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 September 12, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT REPEALING ORDINANCE NO. 482, AS AMENDED, WHICH IS CODIFIED AS PART ONE ADMINISTRATIVE CODE, CHAPTER SEVEN BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 175 HUMAN RIGHTS COMMISSION, OF THE FAIRMONT CITY CODE, AND RE-ENACTING SAID ARTICLE 175 HUMAN RIGHTS COMMISSION Mayor Mainella entertained a motion and a second for the introduction of an ordinance repealing Ordinance No. 482, Human Rights Commission, and re- enacting said Article 175 Human Rights Commission. 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. 8 The Mayor declared the public hearing set for September 12, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE TWELFTH ANNUAL FEAST OF THE SEVEN FISHES FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, INC., TO BE HELD IN THE CITY OF FAIRMONT’S DOWNTOWN HISTORIC DISTRICT ON SATURDAY, DECEMBER 9, 2017 Mayor Mainella entertained a motion for the adoption of a resolution endorsing the 12th Annual Feast of the Seven Fishes Festival to be held on Saturday, December 9, 2017. 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 Merrifield. 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: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING THE CITY’S SUPPORT FOR THE WEST VIRGINIA ROAD BOND ELECTION TO BE HELD OCTOBER 7, 2017 Mayor Mainella entertained a motion for the adoption of a resolution supporting the WV Road Bond Election to be held on Saturday, October 7, 2017. 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. 9  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. 10