City Council

December 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 December, 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 Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Ronald J. (Ron) Straight, Sr. Absent: 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 Marketing Director Hanna Weaver Turner IN RE: EXCUSE COUNCILMEMBER GRUBB Councilmember Warner made a motion to excuse Councilmember Grubb from tonight’s meeting due to illness. Councilmember Straight seconded the motion. The Mayor declared Councilmember Grubb excused from tonight’s meeting by voice vote of Council. 1 IN RE: OPENING CEREMONIES Rev. Frank Jarman gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. 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 28, 2017. Councilmember Straight 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 LOTS 8-9 ALBERT COURT (APARTMENTS) (PLAT 231-271) FAIRMONT CITY DISTRICT, COMMONLY REFERRED TO AS 220 KELLEY PLACE, FROM PHYLLIS BRUCE AND HYLTON HOLDINGS, LLC. Pursuant to a notice duly published in the Times-West Virginian on December 4, 2017, a public hearing was convened to obtain citizen input on a proposed ordinance authorizing the acquisition of 220 Kelley Place. 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 7:07 p.m. ANNOUNCEMENTS IN RE: CONGRATULATIONS TO MAIN STREET FAIRMONT Councilmember Moran extended congratulations to Main Street Fairmont and 2 everyone involved with the Feast of the Seven Fishes Festival. She noted it was very well attended. Councilmember Straight also mentioned that the Festival was a great event this year. IN RE: 5K REINDEER RUN Councilmember Linger reminded everyone of the 5K Reindeer Run to be held Thursday evening at Morris Park. IN RE: TOUR OF MILLER SCHOOL PROJECT The Mayor reported that before this meeting, Fairmont City Council took a tour of the newly renovated Miller School. The school, which was built in 1914 and closed in 2007, was renovated by the Fairmont-Morgantown Housing Authority and will be used for affordable housing for those 62 and older. He stated that the building can house 66 residents and the Authority hopes to start moving people in starting in January. IN RE: CITIZENS PETITIONS LIMITED ON SPEAKING TIME The Mayor noted that in the interest of time and due to the number of citizen’s petitions for this meeting, he will limit everyone to speak to three (3) minutes or less. CITIZENS PETITIONS IN RE: HUMAN RIGHTS COMMISSION PHIL MALLOW, 101 Rosewood Avenue, addressed Council and said that just because you disagree with this subject doesn’t mean you are a hater. There are folks that wanted to take their name off the petition. He suggested to bring both parties together and bring those people in and do what they have to do. He said that he wants what is best for everyone here and wants everyone’s voice to be heard. JULIE CHADWELL, 97 Hickory Avenue, stated that how sad and terrifying it is that in nine months we have to vote for people to have rights. She said that was not loving and was not the Christian way. STEPHANIE CARTER, 208 Bellview Avenue, suggested to not let this issue die and let the public keep talking and for Council to keep looking at this 3 issue in order to expand our community and grow and embrace diversity. JEN LESMANN, 1913 Pleasant Valley Road, stated that she is in support of more conversation on the issue and to have more dialogue. She is in favor of continuing conversation and want to try to bring the people together. JIM NOLEN, 704 Mt. Vernon Avenue, stated that Council knows all of the issues but mentioned that a lot of the opposition to this ordinance is based on misinformation. He said that people can make claims that are just so blatantly false. He said his full-time job is a sociologist at WVU and he has done research on hate crimes. He has found that when communities are divided, like this group here is, this is the type of a place that is susceptible to crime. He closed by saying that there is a need for a Human Relations Commission. DONNA BLOOD, 104 Shirlane Avenue, thanked City Council for voting for the Human Rights Commission and she thought it was so important for our community that we stand for equality, inclusion, and safety for all of our citizens. She said that she hoped Council would continue to support the Human Rights Commission. D.D. MEIGHEN, 3 Park Drive, thanked Council for what they have done. He shared a couple little Christmas stories with Council. He said the Human Rights Commission tries to be a help to everyone and he encouraged Council to support the Commission. MICHAEL BOBIC, 10 Hollen Circle, stated that he was in an interesting position. He is a professor and his field is in political science and his approach to this ordinance is somewhat different. He said that we want a Commission that brings us together and lets us talk about these issues, however, the problem is that government action is corrosive. He said when everyone met on September 12th, there were 80 plus people out in the parking lot, all different sides, talking and sharing stories. When everyone walked into the Council Chambers, all of that camaraderie was lost in the face of government. This Commission can serve a legitimate purpose but he was not sure that government is the route by which we can do that. He asked people of faith to come together and talk about these issues in order to come up with something. He said there are multiple sides to this issue and we do need to understand each other’s point of view. CITY MANAGER’S REPORT IN RE: FEAST OF SEVEN FISHES FESTIVAL 4 Mr. Gomez also thanked everyone who helped with the Festival. He said it was great to see downtown streets full of people. IN RE: CHRISTMAS PARADE The City Manager reported that a fabulous Christmas parade was held on Saturday. IN RE: 5K RUN Mr. Gomez also mentioned that the 5K Reindeer Run will be held on Thursday at Morris Park. He noted that it was part of the Celebration of Lights. IN RE: CHRISTMAS LIGHTS The Manager thanked the Chamber and various businesses for their support of the lighting along the Connector. He said that was just the beginning. We are looking to add a lot more lights next year and the years after and part of the idea is to light up all of the way from the Celebration of Lights at Morris Park to Fairmont State University. IN RE: TREATING OF THE ROADS Mr. Gomez stated that Public Works will be out treating and cindering the roads as quickly and as safely as they possibly can. 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 LOTS 8-9 ALBERT COURT (APARTMENTS) (PLAT 231-271) FAIRMONT CITY DISTRICT, COMMONLY REFERRED TO AS 220 KELLEY PLACE, FROM PHYLLIS BRUCE AND HYLTON HOLDINGS, LLC. Mayor Mainella entertained a motion for the adoption of an ordinance authorizing the acquisition of 220 Kelley Place. 5 Motion: Councilmember Moran 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 those Councilmembers present and the ordinance designated as Ordinance No. 1757 was duly adopted. IN RE: FAILED TO INTRODUCE AND SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT REPEALING ORDINANCE NO. 1751, ADOPTED SEPTEMBER 12, 2017, WHICH ORDINANCE REPEALED AND RE-ENACTED ARTICLE 175 HUMAN RIGHTS COMMISSION OF THE FAIRMONT CITY CODE Mayor Mainella entertained a motion and a second for the introduction of an ordinance repealing Ordinance No. 1751, which ordinance repealed and re- enacted Article 175 Human Rights Commission. Motion Failed: No motion was made to introduce the proposed ordinance and to set the public hearing. The Mayor said this item dies from a lack of a motion. He stated that the Human Rights Ordinance will be on the ballot in November, 2018. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR FUNDING UNDER THE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT PROGRAM TO IMPLEMENT A HIRING PROGRAM FOR TWO (2) NEW LAW ENFORCEMENT OFFICERS IN THE CITY OF FAIRMONT Mayor Mainella entertained a motion for the adoption of a resolution authorizing the acceptance of a COPS Grant to implement the hiring for two new Police Officers. Motion: 6 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 ALL CITIZENS TO PATRONIZE AND SUPPORT OUR INDEPENDENTLY AND LOCALLY OWNED BUSINESSES Mayor Mainella entertained a motion for the adoption of a resolution urging all citizens to support locally owned businesses. 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 Straight. The Mayor declared the meeting adjourned by voice vote of Council at 7:30 p.m. 7 8