City Council

September 26, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 26th 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 Program Manager Martha Richards IN RE: OPENING CEREMONIES Rev. Junius Lewis of Central United Methodist Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Yann. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Special Meeting held on September 8, 2017 and from the Regular Meeting held on September 12, 2017. 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. 1  PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on September 18, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance authorizing an increase in the Letter of Credit issued to WesBanco Bank for Workers’ Compensation. 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 7:06 p.m. ANNOUNCEMENTS IN RE: TIMES-WEST VIRGINIAN THANKED Councilmember Straight thanked the Times-West Virginian for the article in the newspaper on Monday about his Dad. He noted that it was 40 years ago that his Dad received a plaque from Rev. Jack Squires as being the first Mayor under this form of government. IN RE: FAIRMONT IS A FANTASTIC CITY Councilmember Mason stated that it is important for us to remind ourselves of what a fantastic city we live in. He noted that the people are wonderful, we have economic development, employment is strong, churches are active, wonderful University and Community College, Police Department keeps us safe, Fire Department to save life and property and every once in a while we have to remind ourselves how fortunate we are to live in Fairmont. IN RE: EARLY VOTING Councilmember Moran reminded everyone that Early Voting is going on now 2 through next Wednesday on the Road Bond issue regardless of which way you are going to vote. The Mayor said that this was the last Council meeting before the vote on October 7th. He said that this Council unanimously passed a resolution to support the road bond long before anybody else did. He mentioned that the taxes have already been increased so people may as well vote “yes” for the bond. IN RE: WVU URGENT CARE FACILITY Councilmember Yann mentioned that the WVU Urgent Care facility is a wonderful facility that is located on top of the Gateway Connector. He noted that it will be opened to the public sometime in October. Mayor Mainella said it is a very impressive facility. He noted that they offer a variety of services. IN RE: WORK DAY CAFÉ The Mayor noted that he attended the ribbon cutting at the Work Day Café last Wednesday. They are opened for breakfast and for lunch and noted it was a wonderful facility. IN RE: DEMOLITION OF STRUCTURES Mayor Mainella commended the City Manager and his staff on the demolition of various structures that are taking place. He said that Council will have to figure out a way sometime before the budget process to get a steady revenue stream to fund further demolitions. CITIZENS PETITIONS IN RE: WATER COMPLAINT MIKE SMITH, a resident of 1908 Nicki Street, Pleasant Valley, addressed Council regarding a water issue at his house. He gave Council an update on his water situation since he addressed Council on August 22nd. He said that a person came by and took a water sample and he found out that his levels were pretty low on the chlorine level which was 3. He said that after the guy took the water sample he didn’t find out it was so low until 20 days later. He mentioned that he has called David Sago’s office multiple times and left him messages but he has not returned any his calls. He noted that finally 3 someone else returned his call and was going to come out and check out some things. He said that he didn’t know what the solution is and he is getting pretty frustrated with the water that he is receiving. The problem has caused him to replace his hot water tank at least three times. He wanted it on record what he has been experiencing. The Mayor noted that it would probably be a good idea for him to attend the next Water Board meeting. Mr. Gomez responded by saying that he will discuss Mr. Smith’s concerns at the next Water Board meeting which will be held on Thursday at 3:00 p.m. at the Water Filtration Plant. He said, at that meeting, they will follow up and determine what is happening. IN RE: CONVENTION & VISITORS BUREAU ANNUAL REPORT LEISHA ELLIOTT, Director of the Marion County Convention & Visitors Bureau presented her annual report to City Council. She talked about tourism in the county and invited everyone to come to see their new facility along the Gateway Connector. CITY MANAGER’S REPORT IN RE: PAVING PROJECT Mr. Gomez reported that paving continues throughout the city. Once paving is completed, they would have paved nearly 15 miles of streets. He noted that hopefully they will be done paving by the second week in October. 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. IN RE: RIBBON CUTTINGS HELD The Manager also mentioned the ribbon cuttings held at the Work Day Café and WVU Urgent Care. 4  CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 for the adoption of an ordinance authorizing an increase in the Letter of Credit issued to WesBanco Bank for Workers’ Compensation. 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. 1752 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE ACQUISITION OF THAT CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, DESCRIBED AS 4TH STREET & BENONI AVENUE, (PROP & COAL), FAIRMONT CITY DISTRICT, COMMONLY REFERRED TO AS BUTCHER SCHOOL, FROM COLUMBA NWOKO Mayor Mainella entertained a motion and a second for the introduction of an ordinance authorizing the acquisition of real estate described as 4 th Street and Benoni Avenue, commonly referred to as Butcher School from Columba Nwoko. Motion: Councilmember Mason moved for the introduction of the proposed ordinance and the reading of a synopsis in lieu of the entire ordinance. Councilmember Grubb seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. 5 The Mayor declared the public hearing set for October 10, 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. 795, OR SUCH PORTION THEREOF, WHICH IS CODIFIED AS PART THREE TRAFFIC CODE, CHAPTER SEVEN PARKING, ARTICLE 361 PARKING GENERALLY, SECTION 361.15 ABANDONMENT OF VEHICLES; SAVINGS CLAUSE Mayor Mainella entertained a motion and a second for the introduction of an ordinance repealing Ordinance No. 795 regarding Abandoned Vehicles. 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 October 10, 2017 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1140, AS AMENDED, WHICH IS CODIFIED AS PART 17 BUILDING AND HOUSING CODE, ARTICLE 1767 RENTAL DWELLING UNITS, OF THE FAIRMONT CITY CODE, AND PARTICULARLY SECTION 1767.04 ILLEGAL CONDITIONS; CITATION AUTHORITY THEREOF TO ELIMINATE THE ABILITY OF AN OWNER OR OPERATOR TO RENT OR OFFER FOR RENT ANY DWELLING UNIT BEFORE A VALID CERTIFICATE OF USE AND OCCUPANCY HAS BEEN ISSUED, AND SECTION 1767.99 PENALTY THEREOF TO PROVIDE FOR AN INCREASE IN FINES Mayor Mainella entertained a motion and a second for the introduction of an ordinance amending Ordinance No. 1140 to eliminate the ability of an owner to rent any dwelling unit before a valid Certificate of Use and Occupancy has been issued and to provide for an increase in fines. Motion: 6 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 October 10, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ACCEPTANCE OF A WEST VIRGINIA STATE HISTORIC PRESERVATION GRANT FOR THE PARTIAL FUNDING OF THE PRESERVATION OF THE TERRA COTTA MASONRY FAÇADE OF THE MASONIC TEMPLE Mayor Mainella entertained a motion for the adoption of a resolution accepting a grant for the partial funding of the masonry façade for the Masonic Temple. Motion: Councilmember Grubb 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(b)(2)(A) and City Charter 2.11 (a)(1)A – to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a City Officer. Motion: Mayor Mainella moved to adjourn to Executive Session as per WV Code §6- 7 9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A. Councilmember Yann seconded the motion. Roll call was taken by the Clerk. The Mayor declared the meeting adjourned to Executive Session at 7:45 p.m. by unanimous vote of those Councilmembers present. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 8:00 p.m. IN RE: THREE RE-APPOINTMENTS, PLANNING AND ZONING COMMISSION, THREE YEAR TERMS TO END SEPTEMBER 17, 2020 Mayor Mainella entertained a motion for three re-appointments to the Planning and Zoning Commission for three-year terms ending September 17, 2020. Motion: Councilmember Moran moved to re-appoint Jamie Greene, Ron Straight, and Paul (Eddie) Parker, III to the Planning and Zoning Commission for three- year terms ending September 17, 2020. The motion was seconded by Councilmember Merrifield. Roll call was taken by the Clerk. The Mayor declared Jamie Greene, Ron Straight and Paul (Eddie) Parker, III re-appointed to the Planning and Zoning Commission for three-year terms ending September 17, 2020 by unanimous vote of Council. IN RE: TABLED, TWO APPOINTMENTS, FAIRMONT PARKING AUTHORITY, ONE TERM TO END SEPTEMBER 30, 2020 AND ONE TERM TO END SEPTEMBER 30, 2019 Mayor Mainella entertained a motion for two appointments to the Fairmont Parking Authority for one term to end September 30, 2020 and one term to end September 30, 2019. Motion: Councilmember Straight moved to table this item. The motion was seconded by Councilmember Linger. 8 Roll call was taken by the Clerk. The Mayor declared the Parking Authority appointments tabled by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT BUILDING COMMISSION, TERM TO END OCTOBER 31, 2021 Mayor Mainella entertained a motion for an appointment to the Fairmont Building Commission for a term to end October 31, 2021. Councilmember Yann moved to appoint Jonathan Frantz to the Fairmont Building Commission for a term ending October 31, 2021. The motion was seconded by Councilmember Straight. Roll call was taken by the Clerk. The Mayor declared Jonathan Frantz appointed to the Fairmont Building Commission for a term ending October 31, 2021 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 8:04 p.m. 9