City Council

October 10, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 10th day of October, 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 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. Absent were: Third District Robert (Rob) Linger Also present were: City Manager Robin I. Gomez Representing City Clerk Paula Friend City Attorney Kevin V. Sansalone Director of Planning Sandra Scaffidi IN RE: EXCUSE COUNCILMEMBER LINGER Councilmember Moran made a motion to excuse Councilmember Linger from tonight’s meeting. Councilmember Yann seconded the motion. The Mayor declared Councilmember Linger excused by voice vote of Council. IN RE: OPENING CEREMONIES Graham Parks of the Newman Center gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. 1  APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on September 26, 2017. Councilmember Moran 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. PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on October 2, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance authorizing the acquisition of the Butcher School property from Columba Nwoko. The Mayor asked if anyone present desired to speak to the proposed ordinance. City Manager Robin Gomez stated that this was to continue our process to eliminate blight throughout the City. He said the structure has been vacant for decades and is an eyesore in the neighborhood. This item will help us move forward to acquire and subsequently demolish the structure and enhance the neighborhood, which was mentioned in the work session earlier today. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. IN RE: 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 2 Pursuant to a notice duly published in the Times-West Virginian on October 2, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance repealing Ordinance No. 795 regarding Abandoned Vehicles. The Mayor asked if anyone present desired to speak to the proposed ordinance. City Manager Gomez stated that this is to repeal our City Code and utilize the same sections in West Virginia Code. We will now follow Section 361.15 to address the abandonment of vehicles in the City. 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 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 Pursuant to a notice duly published in the Times-West Virginian on October 2, 2017, a public hearing was convened to obtain citizen input on a proposed 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. The Mayor asked if anyone present desired to speak to the proposed ordinance. City Manager Gomez said that this ordinance is to enhance and ensure the public safety and health and welfare within our City limits for any properties that are rented. We are making these changes requiring that anyone violating this ordinance would be subject to the increased fine. We are trying to ensure that folks are complying with our Rental Registration Program. WARREN HARGER, Manager of 200 Jefferson Street East Unity Apartments 3 spoke in favor of the proposed ordinance. He said that he has been a part of the Fair Housing actions and in passing some fair housing rules, sometimes we already have codes, we just need to enforce codes. He stated that as a manager, he speaks to a lot of people that have lived in deplorable conditions and they persevere through those conditions because they have nowhere else to go. As a manager and as a citizen, he is in favor of this proposal. The Mayor asked if anyone present desired to speak against the proposed ordinance. JOHN BASAGIC, owner of 200 Fairmont Avenue, spoke against the proposed ordinance. He said that it was recently introduced but he felt there were a lot of uncertainties and it is the City’s responsibility to inform the public more. He asked for this to be put on hold for a couple of years. He also asked who approached the City about this information. He asked Council to think about it and put it on hold for four or five years, until there is a severe need for this. There being no one else to speak, the public hearing was called to a close at 7:17 p.m. ANNOUNCEMENTS IN RE: TRAFFIC LIGHTS ON FAIRMONT AVENUE Councilmember Mason said he was happy to see the development of the entrance to the Dunkin Donut parking lot. He also asked, with the bridge being closed, if we needed the traffic lights at First St. and Fourth St. He stated that he realized it was the State of WV’s responsibility but maybe we could encourage the removal of those traffic lights. Councilmember Grubb said that she would like to keep the Fourth St. light a little longer because it is hard to get out there. Councilmember Warner said that she would like to keep the light at First St. since she lives in that neighborhood and there is a lot of traffic in that area. IN RE: APPRECIATION OF CITY MANAGER AND COUNCIL Councilmember Mason stated that when he was at the precinct to vote for 4 the road bond, he received several comments complimenting City Council and the City Manager and all of the things that we have going on. IN RE: DINNER THEATER Councilmember Grubb said that there will be a dinner theater on October 21st when Travis Henline, Director of West Virginia Independence Hall, will be portraying Francis H. Pierpont, the father of West Virginia, and talking about the decision to make this a state. IN RE: 1% SALES TAX Councilmember Yann said that there was a gentleman that came to Council to speak against the ordinance for the 1% sales tax that was to help with the pensions. The gentleman stated that it would be bad for businesses. Councilmember Yann said that since that time, there is now a new bridge, the Work Day Café, Dunkin Donuts, Sheetz, Colasessano’s, Miller School Apartments, the old Board of Education building is being remodeled, West Side Market, a dance studio on East Side, the old Owens Illinois property is being cleaned up, Backwoods Grill and the Rambling Root. He feels that shoots down what that gentleman said. IN RE: ROAD BOND Mayor Mainella said that he was happy the road bond passed on Saturday. He said that it will benefit all of us. IN RE: UNITED AIRLINES NEW SERVICE AT BENEDUM AIRPORT Mayor Mainella stated that he attended the christening of the new United Airlines service starting November 1st from the Benedum Airport to Dulles and Chicago, along with City Manager Gomez, Councilmember Yann, Councilmember Mason and Councilmember Straight. The airline, SkyWest, has a very reliable flight record so this will be a very convenient service for our area. CITIZENS PETITIONS There were no citizens petitions. CITY MANAGER’S REPORT 5 IN RE: ROAD BOND City Manager Robin Gomez said that the road bond will be a significant benefit to the State of West Virginia. It is a good time to move forward and the passage of this bond will take this state to another level. IN RE: TRAFFIC LIGHTS ON FAIRMONT AVENUE City Manager Gomez stated that he has asked the State of West Virginia Division of Highways to look at the Fairmont Ave. street lights on First Street and Fourth Street. He said that they will conduct some studies to determine their continuity once the new Third Street Bridge opens. IN RE: WVU OUTPATIENT CENTER OPEN HOUSE City Manager Gomez said that on Saturday, October 21st, the new WVU Outpatient Center at the top of the Connector will have an open house from 10am – 2pm. IN RE: UTILITY BILLS ONLINE Mr. Gomez reminded everyone that the City utility bills are available online to view and pay. You can also look at water usage online. IN RE: TRICK OR TREAT City Manager Gomez reminded everyone that Trick or Treat will be on Tuesday, October 31st from 6:30 pm – 8:00 pm. IN RE: PAVING Mr. Gomez thanked residents and businesses for their patience during the paving process this year. He said that so far, through September 30 th, we spent a little over $1.4 million paving over 12 miles of streets. He said that by the end of this project, we will have spent approximately $1.9 million to pave a little over 15 miles of streets and alleys, some that had not been paved in decades. He then thanked the City staff assisting with the paving. IN RE: THANK YOU TO CITY STAFF 6 City Manager Gomez said that he thanked City staff for their efforts. He also thanked Police and Fire that are out there 365 days a year/24 hours a day. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 for the adoption of an ordinance authorizing the acquisition of the Butcher School property from Columba Nwoko. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Warner seconded the motion. Mayor Mainella asked if we had a definite price for the demolition of this building. City Manager Gomez stated that we won’t have a definite price until we issue a bid. He said that the estimates that were received were between $150,000 - $200,000, especially given the likelihood of asbestos needing removed first. The bid for the demolition of this structure will be paired with a couple of other structures so hopefully the cost is less. Mayor Mainella asked, if we did not do this, could this property owner be held criminally responsible for the condition of this building? City Attorney Kevin Sansalone said that the City has had him in City Court and from discussions with staff and Mr. Nwoko and the City Court process, this was the resolution of the court action, for the City to acquire the property and provide for its demolition. The owner bought the property at a tax sale and he was obligated to redeem it and pay approximately $10,000 to redeem the property from the tax sale in order to be able to convey it to the City. We were in court and this was part of the resolution of the criminal proceeding in court. City Manager Gomez said that if we did not proceed, the building would likely stay there and we would have the owner back in court over and over. 7 He said it is a challenge to go forward with these properties because a lot of the people don’t have the means to tear down structures. In this case, it is a large building and highly unlikely that anybody would do anything, other than the City, to tear this structure down. It would just be an eyesore for decades going forward. City Attorney Sansalone stated that this property complies with our guidelines for acquisition in that it is next to the new gateway to Locust Ave. and is a safety and health hazard. He said the property has constantly been boarded up and re-opened by vagrants that go in and do damage and set fires. Mayor Mainella said that it sounds like this owner does not have the means, if we force the issue, to go in and tear it down on his own. City Attorney Sansalone said the owner is someone who goes in and purchases properties at tax sales routinely. He said that we have him in court on a regular basis and with other properties, such as the ones on Pierpont that were ultimately transferred to the Transit Authority and ones on Chicago St., that we are working with him on to have demolished, he has complied with the demolition orders. This property is just so far beyond his means. We did cause him to redeem the property. That was one of the criteria that was part of the resolution that he had to pay the back taxes which amounted to approximately $10,203.92 that he paid out of pocket. Councilmember Grubb asked if, when a person buys property like this, can we pass an ordinance that you can only do that one time before you are not allowed to buy any more property? City Manager Gomez said he would love to do that but did not think that was possible. City Attorney Sansalone said the state code preempts the process for purchasing property at a tax sale so we would not have any constitutional authority to become involved in that. Councilmember Merrifield said that even though this is a tough situation, we don’t think it is a matter of IF we have to tear it down, it is a matter of when. In his opinion, we might as well bite the bullet and get it over with so we can move on. City Attorney Sansalone said that the other alternative that was discussed is to wait until it came back up at the tax sale and purchase it but it just postpones it and we would be in the same position had we done it today. He said he can’t do anything about the taxes that are already assessed or what are owed. We will be responsible for that and the demolition cost, which is what would have occurred anyway. 8 Councilmember Yann asked if we wait for the other option, then there is a waiting period for somebody to come back and redeem so it is delayed even further. 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. 1753 was duly adopted. IN RE: ADOPTION, 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 for the adoption of an ordinance repealing Ordinance No. 795 regarding Abandoned Vehicles. 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. 1754 was duly adopted. IN RE: ADOPTION, 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 for the adoption 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. 9 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. 1755 was duly adopted. 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 a General Fund Budget Revision. 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 October 24, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE MAYOR AND THE BUILDING INSPECTOR TO EXECUTE THE ENVIRONMENTAL ASSESSMENT DETERMINATIONS AND COMPLIANCE FINDINGS FOR A HUD-ASSISTED PROJECT, NAMELY THE COOK HOSPITAL REDEVELOPMENT PROJECT A/K/A GASTON AVENUE APARTMENTS, PURSUANT TO THE PROVISIONS OF 24 CFR PART 58, SUBJECT TO THE PRIOR EXECUTION AND DELIVERY OF INDEMNIFICATION/HOLD HARMLESS AGREEMENT; DISCLAIMER Mayor Mainella entertained a motion for the adoption of a resolution authorizing the Mayor and Building Inspector to execute an Environmental Assessment for the Cook Hospital Redevelopment Project a/k/a Gaston Avenue Apartments. 10 Motion: Councilmember Warner 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 Grubb. The Clerk read the proposed resolution by synopsis for the first time. Councilmember Straight asked what this does for the City. City Attorney Sansalone said that, as the unit of local government responsible for land management under the HUD provisions, the City of Fairmont is responsible for signing the environmental assessment determination relative to the Cook Hospital and the transformation into an apartment complex similar to Miller School. We were requested to do that by the developer and in reviewing the HUD regulations as an entity that receives grant funding from HUD, we are expected to do that. In return for our execution of the HUD assessment, the redevelopment entity is going to provide us with a Hold Harmless agreement saying that if there should be any issues that arise out of our execution of that assessment, they will be responsible. So even though we are signing it, they are signing a document saying that they will defend us and hold us harmless and indemnify us from any damages that may come to the City of Fairmont as a result of the execution. Councilmember Straight stated that we do not own that property. Mr. Sansalone said that was correct. We do not own the property and we don’t have anything in the project other than the fact that it will benefit the City as a whole. However, the law requires that because we receive grant funds from HUD, and we are the governmental entity responsible for land use management, that we are obligated to execute this document for HUD. In return for us doing that for them, they will hold us harmless if something should arise out of the assessment. We do not perform the assessment. A third party will perform the assessment. We will receive a copy of it and then Building Inspector Ken Fletcher and Mayor Mainella will execute the document requested by HUD and we will get the Hold Harmless agreement. Mr. Sansalone said that after reading the appropriate sections of the United States Code, he came to the conclusion that we have an obligation to provide the assessment. Councilmember Yann asked what would happen if we would assess the building and say it is not safe. City Attorney Sansalone said it is not a matter of safety, it is a question of environmental assessment. He said they do a thorough examination of the building to determine whether there are any environmental factors that would render it uninhabitable. They have an entity/company that will do that for them and then we sign off on it. And because we did not hire the entity, we are not the end beneficiary. They hold us harmless if something would arise so if a person were living there 11 and decided they were going to sue the owner of the building and included the City of Fairmont then the owner of the building would indemnify us and take care of our legal expenses and all of the other matters that might arise. Also, in addition, the resolution also requires that it be recorded in the County Clerk’s Office which places everyone on notice that the City has no responsibility for the contents of the environmental assessment. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGUJLAR CITY COUNCIL MEETING OF DECEMBER 26, 2017 TO DECEMBER 19, 2017 Mayor Mainella entertained a motion for the adoption of a resolution to reschedule the December 26, 2017 Council Meeting to December 19, 2017. Motion: Councilmember Merrifield 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 stated that City Council will adjourn to Executive Session as per WV Code §6-9A-4(2)(9) and City Charter Section 2.11(a)(3) – To consider matters involving or affecting the purchase, sale, conveyance or lease of real property and also Pursuant to WV Code 6-9A-4(b) (2)(A) and City Charter Section 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 public officer. Motion: Mayor Mainella moved to adjourn to Executive Session as per WV Code §6- 9A-4(2)(9) and City Charter Section 2.11(a)(3) and as per WV Code 6-9A- 12 4(b) (2)(A) and City Charter Section 2.11(a)(1)(A). Councilmember Straight seconded the motion. Roll call was taken by the Clerk. The Mayor declared the meeting adjourned to Executive Session at 7:50 p.m. by unanimous vote of Council. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 8:22 p.m. IN RE: REMOVE ITEM FROM THE TABLE Mayor Mainella entertained a motion to remove the Fairmont Parking Authority appointments from the table. The motion was seconded by Councilmember Mason. Roll call was taken by the Clerk. The Mayor declared the Fairmont Parking Authority appointments removed from the table 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 appoint Jonathan Frantz to the Fairmont Parking Authority for a term ending September 30, 2020 and moved to appoint Kenneth Satterfield for a tem ending September 30, 2019. The motion was seconded by Councilmember Mason. Roll call was taken by the Clerk. The Mayor declared Jonathan Frantz appointed to the Fairmont Parking Authority for a term ending September 30, 2020 and Kenneth Satterfield 13 appointed for a tem ending September 30, 2019 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 8:25 p.m. 14