City Council

October 24, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 24th 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: Second District Frank G. Yann Third District Robert (Rob) Linger Fourth District Kenneth (Brad) Merrifield Fifth District Fran Warner Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Ronald J. (Ron) Straight, Sr. Absent were: First District Marianne Moran Sixth District Dora Kay Grubb Also present were: City Manager Robin I. Gomez City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Fire Chief Ed Simmons Police Chief Steve Shine IN RE: EXCUSE COUNCILMEMBER MORAN AND GRUBB Councilmember Warner made a motion to excuse Councilmember Grubb from tonight’s meeting. Councilmember Straight seconded the motion. Councilmember Yann made a motion to excuse Councilmember Moran from tonight’s meeting. Councilmember Mason seconded the motion. The Mayor declared Councilmember Moran and Councilmember Grubb excused by voice vote of Council. IN RE: OPENING CEREMONIES Rev. Richard Bowyer gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Linger. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on October 10, 2017. Councilmember Straight moved to approve the minutes as submitted. The motion was seconded by Councilmember Mason. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS 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 October 16, 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. City Manager Robin 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: THANK YOU FOR THOUGHTS AND PRAYERS Councilmember Straight thanked everyone for their thoughts and prayers while his wife has been ill and in the hospital. IN RE: WATER DEPARTMENT COMMENDED Councilmember Mason reported that there was a main water line break on his street and he commended the Water Department for the work they did in repairing the leak. He said within two hours the water was back on. IN RE: PROPOSED SIDEWALKS Councilmember Mason said that several people have suggested to him about installing sidewalks on Country Club Road leading up to the Plaza and the same concern on Route 250 leading up to the gas station or at least to the apartments. He noted that the City has talked about applying for grants to get the sidewalks installed and asked if there was any way to consider the City helping to establish sidewalks at least in those two areas. The Mayor replied that we need to act on this as a Council. He said that on Country Club Road from Shop ‘N Save to the corner below Anthony Chevrolet and from there to Bell Run Road there are no sidewalks and it is dangerous for people to walk there. Councilmember Mason then asked for Route 250 to be considered as well. IN RE: COUNCILMEMBER LINGER RECOGNIZED Councilmember Warner recognized Councilmember Linger for an article that was in the newspaper. She noted it was a great story on Councilmember Linger. Councilmember Linger thanked Carter Walker with the Times-West Virginian for writing the article. IN RE: FCDP MEETING Councilmember Merrifield reported that he attended the Fairmont Community Development Partnership meeting last week. He said that good information came out at the meeting. IN RE: WVU MEDICINE OPEN HOUSE Councilmember Linger stated that the WVU Medicine on the Gateway Connector hosted an open house last Saturday. He noted that it was nice to see a lot of people there supporting the opening of the facility. IN RE: INVITATION TO EVENT Councilmember Linger extended an open invitation to Council to attend an event at Pierpont College. He said the Pierpont Higher Learning Commission is coming to campus next Monday and Tuesday for a visit and they are seeking community input on how Pierpont is doing and what they can do better. He noted it will be held from 8:00 a.m. to 8:45 a.m. in Hardway Hall, Room 238, if anyone would like to attend. IN RE: WVML LEAGUE LITES PUBLICATION Mayor Mainella mentioned that in the September edition of the West Virginia Municipal League publication, League Lites, there is a featured article about our City Clerk Janet Keller. It talks about her 39 years of service to the City of Fairmont. He commended Janet and thanked for her everything that she does for City Council. CITIZENS PETITIONS IN RE: CODE COMPLAINT – WALNUT AVENUE ANNA BOSNICK, 510 Walnut Avenue, addressed Council concerning the structure at 508 Walnut Avenue. She said this has been a yearlong problem, which started last September. It started when a neighbor threw out a mattress set, sofa and chair and the items were invested with bed bugs and the trash pickup company would not remove these items. These items remained on the street and animals were living on the mattresses and the neighborhood kids were playing on them as well. She said they talked to the garbage people and asked why they wouldn’t remove it and they said it was in their contract that they didn’t have to pick up anything that they felt was a danger to their health. She said after that, four other neighbors got bed bugs in their houses. She closed by saying that there is a smell that comes out of that house and people even walk on the other side of the street instead of walking in front of that house. She asked if there was anything on the books about bed bugs and infestations and what people can do to protect themselves from these residents. ALICE SHERER, 510 Walnut Avenue, complained about cats in the neighborhood and said that these people have dumped cats on her porch since their house is too dirty for her to keep her kittens. She then said that the neighbors called the Police about a drug induced person on her front steps and the police came and just left him on her property with no police report even written. She said there was drug paraphernalia left on her steps and the area was not cleaned up. Ms. Sherer then asked about starting up the Neighborhood Watch Group again. She said that it was no longer in existence in her neighborhood but, if it was, they could talk about some of these issues. Mr. Gomez said the police are patrolling but we still need the public’s help. He said, in the future, to call 911 whenever something happens right away so there will be a police record of it and we can go back and pull that data. He said that we will continue to monitor that area. Chief Shine responded by saying that he is unfamiliar with the call but if Fire, Police and EMS were called there and the person needed attention, they would have taken him somewhere. If everyone established that it wasn’t an overdose patient or under the influence, we can’t do much with him. He said they do collect paraphernalia but if they didn’t see it or was used afterwards, call them and they will come and get it. As far as the Neighborhood Watch goes, they still have a Neighborhood Watch Officer, Officer Neal, and if anyone calls in and says they are interested in establishing a neighborhood watch, he will be there to facilitate it. He added that the key word is “facilitate”. He went on to say that they do not carry on, direct, or do anything other than make sure that the people who want to establish a Neighborhood Watch are able to get a hold of the neighbors. The Police do not work for the Neighborhood Watch and don’t do anything other than establish areas where a Neighborhood Watch can become active. It is up to the residents to continue with that program. IN RE: CLOSING OF BENONI AVENUE BARRY BLEDSOE, Bailey Circle, asked Council to please not close Benoni Avenue. He told Council they could talk to him later for his reasons. IN RE: SIDEWALKS BARRY BLEDSOE also asked Council about installing sidewalks on Country Club Road from Big Lots to the red light and then from the day care center to the entrance of Food Lion. He then said that through a grant, he would like the City to look at installing sidewalks on Route 250 from the Chinese Restaurant to the apartments on Cleveland Avenue. CITY MANAGER’S REPORT IN RE: SIDEWALKS Mr. Gomez reported that the City applied for a grant for sidewalks and we are hoping to receive a notice for the grant award very shortly that would assist with the sidewalk development. He said that staff has had discussions about utilizing our tax increment financing and the General Fund budget for sidewalks. The first plan this year would be from Bell Run Road to Country Club Road which would include acquiring a few properties that could be enhanced or improved. We are also getting ready to apply for a second grant that would be awarded in FY 19 that would allow us for the sidewalk installation from Country Club Road to Fairmont Avenue. IN RE: PAVING Mr. Gomez reported that the paving project for this year has been completed. He said that we spent a little over $1.9 million paving over 18 miles of streets with over 25,000 tons of asphalt. He said this is the most that we have ever spent on paving which is funded from the Street Maintenance Fee. IN RE: UPDATE ON DEMOLITION PROJECTS The City Manager stated that we have continued to receive great cooperation from most property owners and it is very much appreciated. He said two more structures were demolished and two should be concluded later this week. We are approaching over 40 dilapidated structures that have been demolished this year and the City has only paid for six of them so far. He added that our contractor is set to begin tomorrow with the next six structures. 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. CONSIDERATION OF COUNCIL BUSINESS 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 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 those Councilmembers present and the ordinance designated as Ordinance No. 1756 was duly adopted. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO CLOSE THE CITY OF FAIRMONT’S EXISTING FIRE PENSION AND RELIEF FUND TO NEW HIRES, AND ELECTING TO BECOME A PARTICIPATING EMPLOYER OF THE WEST VIRGINIA MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE SECTION §8-22A-28, THEREBY PLACING ALL NEWLY HIRED FIREFIGHTERS INTO THE WEST VIRGINIA POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM Mayor Mainella entertained a motion for the adoption of a resolution authorizing the City Manager to close the existing Fire Pension Fund to new hires and electing to become a participating employer of the WV Municipal Police Officers and Firefighters Retirement System. 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 Straight. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Mason asked if this has been reviewed with the Fire Department and are they on board with it. The City Manager replied yes. Councilmember Mason noted this will help with our pension deficit. He thought it was a great move and the right move and he looked forward to voting for it. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO CLOSE THE CITY OF FAIRMONT’S EXISTING POLICE PENSION AND RELIEF FUND TO NEW HIRES, AND ELECTING TO BECOME A PARTICIPATING EMPLOYER OF THE WEST VIRGINIA MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE SECTION §8-22A-28, THEREBY PLACING ALL NEWLY HIRED POLICE OFFICERS INTO THE WEST VIRGINIA POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM Mayor Mainella entertained a motion for the adoption of a resolution authorizing the City Manager to close the existing Police Pension Fund to new hires and electing to become a participating employer of the WV Municipal Police Officers and Firefighters Retirement System. 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 Mason. The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Mason asked if this has been reviewed with the Police Department and are they on board with it. Mr. Gomez replied yes. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD ASSESSMENT PROGRAM IN THE AMOUNT OF $200,000.00, AND IF SUCH GRANT IS AWARDED, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH Mayor Mainella entertained a motion for the adoption of a resolution authorizing the submission of a Brownfield Assessment grant application in the amount of $200,000.00. 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 those Councilmembers present. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT URGING THE UNITED STATES CONGRESS AND THE PRESIDENT TO CONTINUE THE FEDERAL HISTORIC TAX CREDIT PROGRAM, AND TO OTHERWISE PROVIDE WITH RESPECT THERETO Mayor Mainella entertained a motion for the adoption of a resolution urging the US Congress to continue the Federal Historic Tax Credit Program. Motion: Councilmember Linger 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 those Councilmembers present. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mason moved to adjourn the meeting. The motion was seconded by Councilmember Yann. The Mayor declared the meeting adjourned by voice vote of Council at 7:45 p.m.