City Council

November 28, 2017 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 28th day of November, 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 Fire Chief Ed Simmons Police Chief Steve Shine City Planner Sandra Scaffidi IN RE: OPENING CEREMONIES Rev. Elise Neal of the First Presbyterian Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Merrifield. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on November 14, 2017. Councilmember Mason 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 1 Council. PUBLIC HEARINGS No public hearings were scheduled for this meeting. ANNOUNCEMENTS IN RE: HISTORIC HOME TOURS Councilmember Moran reported that she attended the Historic Homes Tours on Saturday. She thanked those that opened up their homes for the tour. She noted that it was one of the premier events in our whole county. IN RE: PASSING OF CARMELLA FANTASIA Councilmember Yann mentioned the passing of Carmella Fantasia. He extended sympathy to her family. IN RE: CELEBRATION OF LIGHTS Councilmember Linger reminded everyone of the Celebration of Lights at Morris Park. He said there are many displays lit up and sponsored by local businesses and individuals and is a beautiful sight to see. He noted that all proceeds go to the United Way of Marion County. IN RE: UPCOMING EVENTS Councilmember Grubb mentioned the following:  December 7 – Meeting for the Veteran’s at the Court House. They will have three Christmas trees honoring the Veterans.  December 5 - Miners Swap Meet – at the Knight of Columbus. Vendors will be set up to sell items and is free to the public. IN RE: WALL ON MERCHANT STREET Councilmember Mason asked if the City learned anything about the big, ugly wall at the corner of Merchant Street and Morgantown Avenue. He asked if it belonged to the City of Fairmont. The City Manager replied that it belongs to the City of Fairmont. He said we will look to see what options we have with the wall. 2 IN RE: PASSING OF THE HONORABLE JUDGE FRED FOX Councilmember Straight extended condolences to the family of the Honorable Judge Fred Fox who passed away on Monday. He wished the family well. IN RE: MOTION TO SPEAK AT PUBLIC HEARING Councilmember Straight made a motion to suspend the rules and change the limit of time to speak under Citizens Petitions to three (3) minutes. Councilmember Mason seconded the motion. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Linger Yes Councilmember Warner Yes Councilmember Mason Yes Councilmember Yann Yes Councilmember Grubb No Councilmember Merrifield Yes Councilmember Moran Yes Councilmember Straight Yes Mayor Mainella Yes The Mayor declared the motion adopted by majority vote of Council. CITIZENS PETITIONS IN RE: CLOSING OF BENONI AVENUE ROSEMARY DAMIS, 1531 Pennsylvania Avenue, addressed Council regarding the closure of Benoni Avenue between 5th Street and Kirkway. She said that with all of the traffic in town people like to take this route as a shortcut. She said there is a lot of drug activity in that area and she has seen bad things at the 5th Street Park. She asked Council to vote in favor of keeping the street open. REV. RICHARD BOWYER, 905 – 7th Street, said there is a concern of the significant inconvenience to a large number of Fairmont residents especially to those that reside in the area. He said after walking in that area today he is baffled by the potential huge cost of the amount that would be required to redesign and put up retaining walls, sidewalks, etc. He suggested that the greenspace on Oliver Avenue below the gym is well worth pursuing and he would have no objections to that area being developed. He then suggested that the former Mid-City Parking Lot be turned into a greenspace, playground, and recreational area. Mr. Bowyer then proposed that this item 3 be tabled or postponed until the Council has toured the area with an landscape/architectural firm to see what needs to be done to make this work and until an extended traffic flow study is done while the road is open and until a major feasibility study is done for the greenspace. His proposal is to table or delay this item until these matters can be dealt with. LISA HUTCHINSON, 801 Coleman Avenue, addressed Council regarding the opening of Benoni Avenue. She said that she called the City Manager to express her view and he argued her down. He told her that if she could not embrace progress, then maybe it was time for her to move on. If it was not for his combative response, she would not be motivated to be here at this meeting. She said that she thought greenspace is wonderful but she takes her children to other parks but not 5th Street Park. She then stated her opposition to the closure of Coal Run. She talked about public safety and said she tried many times to take her children to the 5th Street Park but has to leave because of the scary looking people that are hanging out there. She has seen many of them make their daily trip to the drug house right up the street from her house. She said that when she expressed her fears to Mr. Gomez, he told her that he takes his kids there all of the time. She asked him what to do if she was afraid and was told to call the Police. She said why she would want to go to a place where she felt a regular need to call the Police to ensure the safety of her children and herself. JAMES WHARTON, 39 Hollen Circle, stated that he owns property in that area and that is why he is concerned. He said the road should be opened because there are significant fire safety issues and numerous three story houses and apartment buildings in that area and the Fire and Police need to be there sooner than later. He asked why close an important access road. He asked Council to please leave the road alone and said it would be ridiculous to close the road. STEPHANIE CARTER, 208 Bellview Avenue, spoke in favor of closing the road. She said other areas in town that could be a greenspace are not accessible to the DAC. There has been concerns about the clients of the DAC and they are saying that this road has been there for 100 years and why change it now but our population has lost about 30% since the peak of Fairmont and there are fewer people now to travel that road. She supports the DAC, improvements in Fairmont, progress for the town, and tourism. KATE GREENE, 709 – 8th Street, also asked Council to vote in favor of closing the street. She noted closing the street would create a lot of opportunities for that area if the street remained closed. She said informed 4 and thoughtful change is critical to the growth of our community. She said what has been identified through this six month process is that Coal Run is not really good for us the way that it is today. We have talked about crime in the area, parents afraid to take their kids to the park, people speeding through this area and that is not safe for the pedestrians using that area. The clients at the DAC are the most relevant stakeholders of this entire conversation. She said the proposal that is in place, which has been shared with City Council, addresses all of these parts and includes evidence and proven case studies, data, statics, programming solutions who will actively stand up and address the crime, the speeding, and the dangers that are there with written, proven solutions. She then asked Council to vote for the closure of this road. CREED HOLDEN, 516 Prospect Avenue, presented the Mayor with a petition that was taken online about the closing of the road. He said this has been a valuable road and has been there since 1852 when it was built as part of the Beverly/Fairmont Turnpike. For 165 years that road was the main drag to begin with and is still an important artery and is an important shortcut. He said that he supports the DAC and wants to see the greenway and wants to see the road remain open and he wants a compromise where we can have both and have the two separate groups of people come together. If the community is divided and not willing to compromise, we can’t have anything. MIKE MUNCIE, 309 Cleveland Avenue, stated that he supports the DAC but wants to keep Coal Run open because of the traffic density. GEORGE REYNOLDS, 2 West Hills Drive, stated that he talked to the construction workers on the new Third Street Bridge and he was told that they will be paving Coal Run which is part of the bridge project. He said why close the street if it is going to be paved. If we support the opening of Coal Run, we don’t support the DAC and that’s far from the truth. He supports the DAC and they do a great job. He is supportive of a greenway but he thought there was certainly a better place to locate it than Coal Run. He asked Council to be logic and to make the best of the taxpayers’ dollars. FAITH BOWYER, 905 – 7th Street, stated that she is for keeping the street open. She knows from a previous experience with a house fire how important it is to respond to an emergency. It needs to be open for safety. She then mentioned that when traffic is lined up on Locust Avenue or Fairmont Avenue, Coal Run can be used as a short cut for traffic. She then suggested that the Mid-City Parking Lot could hold a recreational center, skating rink, or anything you can think of for all ages of children. She 5 suggested to develop the Mid-City Parking Lot. MARK BOWYER, 7th Street, said that Coal Run was built as the historical Beverly Turnpike in the 1850’s and it has been an extreme inconvenience for him with the road being closed. He said another issue is the convenience for the First Responders to get to the center of the south side. Residents use that road to stay off Locust Avenue and closing it has been extremely inconvenient. He then suggested using part of the Mid-City Parking Lot that is not being used for a greenspace and put in a park. He then closed by saying that he is opposed to the closing of Benoni Avenue. REBECCA KEY, 827 Benoni Avenue, stated that she was not familiar with the plans for that area. She enjoyed going down Coal Run but perhaps it could be enhanced. She suggested that the City take the matter a little slower and allow vehicle traffic and then come up with some sort of compromise where there could be vehicular access but yet some pedestrian access. She noted that the closure has been difficult and she can’t wait until the 4th Street Bridge opens and Coal Run opens. AARON ASHLEY, 22 Freeland Street, stated that having Coal Run Hollow Road closed has been a disadvantage. It backs up traffic for not only his business but others. He asked Council when an impact study will be done that says this is beneficial to all involved. He asked if this has already been done and was it public or private. He said that no one is here to go directly against the DAC and they do a good job. If there is a way to put in greenspace and have the road open, that would be wonderful. He then mentioned the flooding that has occurred in the past. He noted that flooding has not helped the road and is certainly not going to help the greenspace and greenspace will be harder to maintain. He then asked Council to reconsider their decision. ALEX HAILL, 827 Benoni Avenue, stated that he has not seen any actual plans on the project. He said he is not in favor of closing Benoni Avenue. He explained that right now the traffic in Fairmont and Locust Avenue is heavy and once the bridge is completed the traffic on Locust Avenue will become even heavier. The only alternative route through this area is through Benoni Avenue and it is the fastest for emergency vehicles and services if needed. He then said that his only concern is where we are getting all of this money from for security, lighting, phone systems, etc. to improve this area. His other concern is about parking. There is a parking lot at the bottom end but no parking at the top end so what do you do and we have to consider how things are going to impact us. He said all of these 6 concerns need to be considered and what the total cost is not only to the community but out of our pockets. DEBBIE STEVENSKI, 601 – 7th Street, stated that she is all for progress and greenspace but she also understands from her perspective that it seems like, and she doesn’t know the plans, but keeping it open, there is more visibility and when you start hiding things in corners with what we see at the park right now, her daughter has been afraid to go to 5th Street Park for the last 12 years by herself. From a safety perspective, people walk in the middle of the road and if we close that off it may be a benefit to the DAC side but to the other side you are creating a bigger mix of things that are not safe. There should be a compromise of something but those few minutes of driving through there are not the big issue. The issue is the safety of everyone. She then asked Council to spend time there because it does not feel safe. She closed by saying that people need to feel safe in their community and they do not. JULIE SOLE, 1230 Westwood Lane, Director of the Disability Action Center, addressed Council concerning the closure of Benoni Avenue between 5 th Street and Kirkway. She explained how the closure of the street will be a better opportunity for their clients at the DAC. She said that she appreciates a lot of the support here this evening. She said that the DAC inherited that building in 2009 and have invested over $500,000 in that facility and in that area. She said that they have never asked the City of Fairmont for anything. The DAC is a deterrent for negative behavior in that area. Between the DAC and Mike Cimaglia, they have done wonders in that area. The DAC serves over 550 people every year and Mike Cimaglia serves around 1,200 people a week in the summer and 2,500 a week in the winter. She then asked Council to think about it and said the DAC really wants to invest in that area. MICHAEL CLAGGETT, 606 Prospect Avenue, stated that in the 1960’s when he moved to Fairmont there were people with good paying union jobs that paid a good salary and those days are gone. We are now a commuter city and we are the suburbs of Morgantown and Bridgeport. Finally the housing market is stabilizing and things are getting better but we have to make Fairmont accessible so that Fairmont will begin to grow. We have to have an ability to get in and out of Fairmont. He said when the 4 th Street Bridge opens, there is going to be backed up traffic in both directions and is going to be a huge log jam. He suggested that we have to have that road through there to ease the traffic so that people can get in and out of Fairmont. His position continues to be that he doesn’t want to say anything bad about the DAC and obviously they are doing a good job and bringing money into the 7 community but that road was already there when they built that building and when they spent that money. He hates to say it but somebody got to say it, if you build a house right beside a hog farm you can’t close down the hog farm because it stinks. His position is that he supports the ability to live in that area and to get where you need to go. PHIL MALLOW, 101 Rosewood Avenue, said that with the new bridge some of the traffic is going to be a better situation to get from one side to another but the one thing that puzzled him is that several people have said that for the last six months, Council has had all of the plans and all of the information that the public is just now getting. He then asked what would happen tonight that would make you change the vote that you made some time ago to close it. He said that he supports the DAC and that night with the information and all of the plans that none of us had privy to what Council did, Council voted 6-3 to close the road. He asked what would happen tonight with further information that Council did not already have. We don’t have a traffic study, the time it takes for the rescue squad to respond, etc. He added that sometimes there is not enough room for two vehicles to pass on that road and the DAC is asking for a little bit of help for some folks that need our help. He asked how many of you have been inconvenienced in the last year and a half because the road has been closed. It has been an inconvenience but if you want to see inconvenience go visit some of the DAC folks and this is a small price that we can pay and give the DAC a little help in what they are trying to accomplish for the people that need it the most and not reverse a vote that you made with the information that you had. CITY MANAGER’S REPORT IN RE: CELEBRATION OF LIGHTS Mr. Gomez encouraged everyone to attend the Celebration of Lights at Morris Park. He noted there are over 400 displays of lights. IN RE: FEAST OF THE SEVEN FISHES FESTIVAL The City Manager reminded everyone of the Feast of the Seven Fishes Festival in downtown Fairmont on Saturday, December 9th. He noted that the Christmas parade will also be held that evening. IN RE: LIGHTS ON THE CONNECTOR The Manager said that our City staff will be installing lights along the 8 Gateway Connector. He said that 60 of the decorative posts will be lit up for the holiday season. CONSIDERATION OF COUNCIL BUSINESS 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 LOTS 8-9 ALBERT COURT (APARTMENTS) (PLAT 231-271) FAIRMONT CITY DISTRICT, COMMONLY REFERRED TO AS 230 KELLEY PLACE, FROM PHYLLIS BRUCE AND HYLTON HOLDINGS, LLC. Mayor Mainella entertained a motion and a second for the introduction of an ordinance providing for the acquisition of 230 Kelley Place from Phyllis Bruce and Hylton Holdings, LLC. Motion: Councilmember Merrifield 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 December 12, 2017 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE CLOSURE OF BENONI AVENUE FROM THE INTERSECTION OF BENONI AVENUE AND FIFTH STREET IN A NORTHERLY DIRECTION TO THE INTERSECTION OF BENONI AVENUE AND KIRK WAY, AS SHOWN ON THE ATTACHED MAP, IN ORDER TO CREATE A GREENWAY TRAIL FOR WALKING, BIKING, NATURE TRIPS, AND SCIENTIFIC STUDY Mayor Mainella entertained a motion for the adoption of a resolution providing for the closure of Benoni Avenue from Fifth Street to Kirkway. 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 Warner. 9 The Clerk read the proposed resolution by synopsis for the first time. Discussion: Councilmember Grubb stated that Julie Sole and the DAC has done a tremendous job but she has to look at what her constituents feel in her district. She said it was their homes and their health that was in danger. She mentioned that a petition was started on Facebook and within 48 hours over 700 voted to keep the road open. She said that was a very strong number for this Council to consider before we vote on anything. She then stated that this item should be tabled and not proceed any further until some other measure can be met on equal grounds. It’s not the time that most of these people complained about as to why they wanted it opened. They are worried about the safety and about their homes and about fires. Most of it is about the safety of the people in that area and it is spreading out to 7th and 8th Streets. We have to stop the problems there before looking at doing a major project. Councilmember Mason pointed out that a “no” vote means to open the road. He said that he will vote no so Benoni Avenue will open. He further said that if the road is opened, he would like to see, in addition to it being paved, he would like to see lights, speed bumps and to further beautify the area. He said make it more safe and more navigable. Councilmember Merrifield stated that he was glad everyone voiced their opinions because Council does listen to everyone. He said it was unfortunate that it didn’t happen a couple weeks ago when not a single person came to speak on behalf of keeping it open. The City Manager has already promised in the last week that the area will be lit and there will be cameras placed strategically there and hopefully that will help with a lot of the issues. There is also a grant that has been passed that we will get a couple more police officers that will help patrol that area so we have taken the safety issues into concern. As far as the Police and Fire Department to get there, he has talked to both departments. One department said it was negligible and the other one said it was a non-factor for their response time. One department said it was not for the speed of traffic but for the number of cars that they have to pull out of the ditch down there and when they do their personnel were put at risk by the cars moving too fast through that area. He noted that was their main reason for wanting to close it and that was for safety reasons. 10 Councilmember Linger said that he was in agreeance that there should be some compromise. From the beginning he said that there should be some compromise. He said after the last meeting and this meeting, it is obvious that he is torn because one side of him sees the possible benefit to the community but then you have the other side which is the obvious overwhelming desire of people that want this road open. What is the compromise? What are the issues that we are facing? Is it safety? Is it people speeding down the road? Is it drugs? What is it? We need to find out what the issue is and resolve the actual issues and it may be difficult and it may cost money but that is what we are here to do and that is to make a difficult decision. He said not to make the popular decision but to make the difficult decision. He stated that in his opinion, there should be a compromise that can achieve all of the things that we want to achieve as a community. He said that he agreed that this item should be tabled and look at the opportunities that we have before us. We have grant money to do the greenspace, let’s talk about using that grant money and add to other monies that we have and come up with a compromise. Motion: Councilmember Linger then moved to table this item until we can study it further and understand the impact on traffic after the 4 th Street Bridge is open and understand what the impact on the community is going to be. The motion was seconded by Councilmember Grubb. The Mayor state that there was already a motion on the floor for the adoption of the resolution. Councilmember Straight said that he agrees with Councilmember Linger on certain aspects of it. There has to be a compromise somewhere and regardless how the vote goes, we all need to roll our sleeves up and get busy in this community and help the DAC. We need to do traffic studies. If the road is shut down, who is going to be responsible for the maintenance of the road? Who is going to do the snow removal? Who get the insurance or the liability of that area? These are things that we need to look at as a Council and in his opinion, if we open it up and do a study on traffic and come back later on and take a look at it. He said that he and Julie Sole has been friends forever and just because he does what he does, they are going to remain friends and that’s the bottom line. You remain friends even at the toughest decisions. These people here to speak in opposition are the people that live in that neighborhood and they know what is going on. He said 11 again he would love to see a compromise that both sides can live with and get it resolved. Councilmember Merrifield said the compromise issue was brought up on the second work session and it was discussed and it was not feasible at that time due to several reasons. He said that he wished we all could go back in time and be part of the same work sessions. He said the second thing is the compromise is a good thing but keep one thing in mind, if we compromise that means that the road will be reopened and there is no compromise for the clients at the DAC because they will be without safety. He said it would be a one-sided compromise. Councilmember Linger said that a move to table does take precedence over a motion that is currently on the table, according to the Rules of Order. City Attorney Kevin Sansalone said that he agreed with Councilmember Linger. He said that it was a procedural motion and it takes precedence over a substantive motion that is on the table. He said it is addressed without debate and requires a second of the motion. Mayor Mainella said that it has been moved by Councilmember Linger and seconded by Councilmember Grubb that we table this item for tonight. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Mason No Councilmember Moran Yes Councilmember Yann No Councilmember Warner No Councilmember Merrifield No Councilmember Straight No Councilmember Grubb Yes Councilmember Linger Yes Mayor Mainella No The Mayor declared the motion to table the item failed by a 6-3 vote. The City Attorney told that Mayor that he would have to go back to the original motion which is for the adoption of the resolution. He said if the discussion has ended, you should call for a roll call vote. The Mayor told Council to keep in mind, as Councilmember Mason said, that a yes vote is to close the road and a no vote is to reopen the road. Roll call vote was taken by the Clerk on the adoption of the resolution and the following votes were recorded: 12 Councilmember Mason No Mayor Mainella No Councilmember Grubb No Councilmember Merrifield Yes Councilmember Yann No Councilmember Linger Abstain Councilmember Straight No Councilmember Moran Yes Councilmember Warner No The Mayor declared the resolution failed to close the road. Mayor Mainella stated that after the bridge is opened and the traffic patterns are set using the new 4th Street Bridge, we will at some point, six months, nine months from now, count traffic on Coal Run Hollow and if there are very few cars using that road, we will revisit this issue. Mr. Gomez stated that the City will look into installing street lighting and other enhancements and improvements once the project is completed. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Mainella moved to adjourn to Executive Session as per WV Code §6- 9A-4(2)(9) 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. Councilmember Straight seconded the motion. Roll call was taken by the Clerk for the Executive Session. The Mayor declared the meeting adjourned to Executive Session at 8:29 p.m. by unanimous vote of Council. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 8:40 p.m. IN RE: ONE RE-APPOINTMENT, FAIRMONT SANITARY SEWER BOARD, THREE-YEAR TERM TO END JANUARY 1, 2021 Mayor Mainella entertained a motion for one re-appointment to the Fairmont Sanitary Sewer Board for a three-year term to end January 1, 2021. Motion: 13 Councilmember Mason moved to re-appoint William David Roberts to the Fairmont Sanitary Sewer Board for a three-year term to end January 1, 2021. The motion was seconded by Councilmember Straight. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Moran Yes Councilmember Linger Yes Councilmember Warner Yes Councilmember Grubb Yes Councilmember Merrifield Abstain Councilmember Yann Yes Councilmember Straight Yes Councilmember Mason Yes Mayor Mainella Yes The Mayor declared William David Roberts re-appointed to the Fairmont Sanitary Sewer Board for a three-year term ending January 1, 2021 by majority vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT-MARION COUNTY TRANSIT AUTHORITY, THREE-YEAR TERM TO END DECEMBER 31, 2020 Mayor Mainella entertained a motion for one re-appointment to the Fairmont-Marion County Transit Authority for a three-year term to end December 31, 2020. Motion: Councilmember Straight moved to re-appoint Jeff Carpenter to the Fairmont- Marion County Transit Authority for a three-year term to end December 31, 2020. The motion was seconded by Councilmember Yann. Roll call was taken by the Clerk. The Mayor declared Jeff Carpenter re-appointed to the Fairmont-Marion County Transit Authority for a three-year term ending December 31, 2020 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 Warner. 14 The Mayor declared the meeting adjourned by voice vote of Council at 8:44 p.m. 15