City Council

September 12, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 12th day of September, 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 IN RE: OPENING CEREMONIES Rev. Larry Buckland of Life United Methodist Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Yann. The Mayor reminded everyone attending this meeting that we need to observe the decorum here and that includes just speaking when it’s your turn. He then stated that for tonight’s meeting, we are not going to have Citizens Petitions so anybody that signed up for Citizens Petitions, you will need to speak to the ordinance. 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 22, 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. IN RE: MOTION TO SPEAK AT PUBLIC HEARING Councilmember Mason said that in the interest of time and in order to get everyone to be able to give their comments, he moved to limit the time to speak at the public hearings to two (2) minutes. Councilmember Moran seconded the motion. Roll call was taken by the Clerk. The motion was adopted by unanimous vote of Council. PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on August 22, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance authorizing the purchase of 1115 Morgantown Avenue from Kirk and Kristy Atha. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager spoke in favor of the proposed ordinance. He said the purchase of this property at 1115 Morgantown Avenue will allow for the construction of a new East Side Fire Station. Fire Chief Ed Simmons also spoke in favor of the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. 2 IN RE: 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 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 Pursuant to a notice duly published in the Times-West Virginian on August 22, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance authorizing the purchase of certain parcels purchased from a recent tax sale. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Gomez said that this ordinance is to proceed with the purchase of the eleven parcels that we acquired from the State Auditor’s Office. He noted these parcels became available due to the non-payment of real estate taxes. Three of the eleven parcels have structures on them and it is the City’s intent to demolish those three structures after we conclude this process. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT REPEALING ORDINANCE NO. 482, AS AMENDED, WHICH IS CODIFIED AS 3 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 Pursuant to a notice duly published in the Times-West Virginian on August 22, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance to re-enact the Human Rights Commission. The Mayor asked if anyone present desired to speak to the proposed ordinance. He said because we are going to be cycling people from the outside in, we are not going to speak for or against, we are just going to speak to the proposed ordinance. He instructed everyone to step up to the podium, you will have two minutes to speak, state your name, your address, if you live in the city limits, own a business or work in the city. The following people spoke to the proposed ordinance: Rev. D.D. Meighen spoke in favor Jim Nolan spoke in favor Carol Williams spoke in favor Felicity Rumbaugh spoke in favor Jim Williams spoke in favor Elissa Wilmoth spoke in favor Warren Hilsbos spoke in favor Mike DeVault spoke against Peter Salerno spoke against Stephanie Carter spoke in favor Jason Wright spoke in favor Julie Chadwell spoke in favor Tricia Connor spoke in favor George Batton spoke against Josh Riffle spoke in favor Barry Bledsoe spoke against Brian Knight spoke against Rev. _____ Wilson spoke against Karen Ford spoke against Rev. Glen Stephenson spoke against Josh & Sara Morgan spoke against Susan McCullough spoke against Rev. John Polis spoke against Anthony Horton spoke in favor Jim Solomon spoke against 4 Candace Nuzum spoke against Michael White spoke in favor Phil Mallow spoke against Ruth Santee (not sure) Renee Bannick spoke in favor Tiffany Maston spoke against Jordon Batton spoke against Kelly Rose spoke in favor Betty Fast spoke against Nathan Corditello spoke against Larry Christianer spoke against Ken Hilsbos spoke in favor Sal Schalker spoke against Rev. Val Gittings spoke in favor Houston Richardson spoke in favor Rev. James Norton spoke in favor Council took a 10 minute break at 8:35 p.m. Leonard & Carol Emsminger spoke against Guy Ward spoke against Galen Hansen spoke in favor George Freeman spoke against Tammy Wells spoke against Rev. Rosslee Grisom spoke against Rev. ______ Timms spoke against Shaun Sanders spoke against Chris Nielson spoke in favor Linda Poling spoke against Joe Layman spoke against Carol Weese spoke against Barb Beatty spoke against Vonda Barry spoke against Josh Powell spoke against Bonnie Fast spoke against Amanda Wright spoke in favor John Davis spoke against Justin Siebert spoke against Mitchell Bland spoke against Chris _________ spoke against Eric Carpenter spoke against Dennis Skinnard spoke against Robin Wilson spoke against 5 Sharon Solomon for Mike Bobic spoke against Emily Swain spoke in favor Elizabeth Opyoke spoke in favor Rev. Larry Buckland spoke in favor Nathan Terry spoke in favor Rikki Butler spoke in favor Jarrod Purratt spoke in favor Rev. Nathan Barker spoke against Rachel May spoke in favor Anita Butler spoke in favor Allen Whitt spoke against Missy Fisher spoke against Rev. Elise Neal spoke in favor Jenn Lessman spoke in favor David Arbogast spoke against Fred Bosley spoke against Mayor Mainella invited Allen Whitt back into the Council Chambers. He said, in response to Mr. Whitt’s comments, he just received a text message from Assistant Prosecuting Attorney J.T. Hodges stating “what the guy said about receiving an email from me is not true”. Mr. Whitt tried to respond. The Mayor said he was out of order and asked Chief Shine to remove Mr. Whitt from the Council Chambers. Mr. Whitt kept talking as he was being escorted from the room. Mayor Mainella and Mr. Gomez then asked the Chief to escort Mr. Whitt out of the building. The Mayor replied back to J. T. Hodges and asked if he can say this and he said absolutely. Mr. Hodges text message said “if there is a crime and someone is arrested, we will prosecute. We have to meet the requirements of the law.” After standing in the lobby, Mr. Gomez asked the Police Chief again to escort Mr. Whitt out of the building. There being no one else to speak, the public hearing was called to a close at 9:50 p.m. Council took a 10 minute break at 9:51 p.m. ANNOUNCEMENTS IN RE: RIBBON CUTTINGS Councilmember Straight reminded Council of the ribbon cutting on Friday for WVU’s new facility. He then mentioned that the ribbon cutting for Hope, Inc. 6 is Wednesday at their new facility in Watson. IN RE: THANKED EVERYONE FOR ATTENDING MEETING Councilmember Straight thanked everyone for attending this meeting, whether for or against. He said there were a lot of good ideas and he thanked everyone for being respectful. IN RE: MOTION TO SUSPEND RULES AND ELIMINATE CITIZENS PETITIONS FOR THIS MEETING Councilmember Mason moved to suspend the Rules and eliminate the Citizens Petitions portion of the agenda for this meeting. The motion was seconded by Councilmember Grubb. Roll call was taken by the Clerk. The Mayor declared the Rules suspended and the Citizens Petitions portion of the agenda eliminated for this meeting by unanimous vote of Council. CITIZENS PETITIONS Citizens Petitions were eliminated from this meeting by a vote of Council. CITY MANAGER’S REPORT IN RE: RIBBON CUTTINGS Mr. Gomez said in addition to the WVU Hospital ribbon cutting, there will also be a ribbon cutting grand opening on Tuesday, September 19th at 4:30 p.m. for the Op Shop Work Day Café located on Pennsylvania Avenue. IN RE: UTILITY BILLS ONLINE The City Manager reminded customers that they can sign up to receive their utility bill electronically online. It will also allow you to view your bill sooner than the normal paper version. 7  CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 for the adoption of an ordinance authorizing the purchase of 1115 Morgantown Avenue from Kirk and Kristy Atha. Motion: Councilmember Straight moved for the adoption of the proposed ordinance. Councilmember Warner 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. 1749 was duly adopted. IN RE: ADOPTION, 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 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 8 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 for the adoption of an ordinance authorizing the purchase of certain parcels purchased from a recent tax sale. Motion: Councilmember Moran moved for the adoption of the proposed ordinance. Councilmember Merrifield 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. 1750 was duly adopted. IN RE: ADOPTION, 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 for the adoption of an ordinance to re- act the Human Rights Commission. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Moran seconded the motion. Discussion: Councilmember Merrifield said however the vote goes, he asked people on both sides not to attack anybody on social media or anything. Everyone is better than that. He noted that everybody really wants the same thing it’s just some of us think that it’s not ready yet; it needs tweaked a little and we are so close and, unfortunately, the vote is going to go one way or the other at this point. Everybody is better than attacking people and we are not about that. 9 Councilmember Linger thanked everyone for coming out to speak tonight. He said that we don’t all agree and one of the things that has bothered him about being on City Council is the lack of participation and obviously tonight that has not been the case. He appreciated the view points from both sides and understands the concerns and the fears. He noted that some of these are coming from misinterpretation and it is unfortunate that there are some leaders out there that he knows are smart enough to read and comprehend. One of the worst items of a leader is fear and you cannot allow fear to drive it, you have to have courage to stand up for what you believe in. He then thanked everyone for speaking and said that he does respect all of their opinions. The Mayor thanked people for their demeanor, with the exception of one phone call, everybody was respectful. Councilmember Straight said that both his cell phone and home phone were ringing at the same time and out of all of the phone calls he had, everybody was very respectful. He said that he respects all rights and he thinks Council, as a whole, should respect everyone’s rights regardless. Councilmember Warner thanked everyone for showing up tonight. She noted that she definitely believes in rights for all people and however the vote goes tonight, she apologized to the other side of the agenda. There were a lot of good points brought out by everyone and her vote will be based solely on her heart and her mind. She said that everyone has been so considerate and so kind and out of all of the phone calls she received she only had one inconsiderate person and she and that person have already had a discussion about it. She said that she appreciated everyone’s views tonight. Councilmember Grubb stated that she had worked in child protective services and supervised 12 counties over the years so if anyone knows about the protection of children, she does. She is very much a Christian and not afraid to admit it. She said that she will vote from her heart. In closing, she said that people have misunderstood the bathroom issue and that has nothing to do with this ordinance. Councilmember Yann said that he did not receive any calls that were disrespectful in any way. Some of us agree and some of us disagree on certain points but he thanked everyone for coming out tonight to speak. Roll call was taken by the Clerk and the following votes were recorded: 10 Councilmember Moran Yes Councilmember Straight Yes Councilmember Mason Yes Councilmember Grubb Yes Councilmember Linger Yes Councilmember Yann Yes Councilmember Warner No Mayor Mainella Yes Councilmember Merrifield No The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1751 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AUTHORIZING AN INCREASE IN THE LETTER OF CREDIT ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FROM $250,000.00 TO $500,000.00 FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT Mayor Mainella entertained a motion and a second for the introduction of an ordinance authorizing an increase in the Letter of Credit by WesBanco Bank for Workers Compensation. Motion: 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 September 26, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT IN SUPPORT OF MONONGAHELA VALLEY ASSOCIATION OF HEALTH CENTERS, INC.’S EFFORTS TO RECEIVE FEDERAL GRANT FUNDING TO PROVIDE UNCOMPENSATED PRIMARY HEALTH CARE TO THE RESIDENTS OF NORTH CENTRAL WEST VIRGINIA, INCLUDING THE RESIDENTS OF THE CITY OF FAIRMONT AND MARION COUNTY, WEST VIRGINIA Mayor Mainella entertained a motion for the adoption of a resolution in support of Monongahela Valley Association’s efforts to receive federal grant funding. 11 Motion: Councilmember Moran 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 10:20 p.m. 12