City Council

Regular Meeting

Charleston, WV · December 1, 2025

Minutes

JOURNAL of the PROCEEDINGS of the CITY COUNCIL CITY OF CHARLESTON, WEST VIRGINIA Regular Meeting – Monday, December 1, 2025 at 7:00 P.M. Council Chambers – City Hall – Charleston, West Virginia OFFICIAL RECORD Amy Shuler Goodwin Miles C. Cary II Mayor City Clerk Journal – City Council – Charleston, WV December 1st – 1st CALL TO ORDER* The Council met at 7:00 P.M., for the first meeting in the month of December on the 1st day, in the year 2025, and was called to order by the Honorable Mayor, Amy Shuler Goodwin. The invocation was delivered by Councilmember Kerns, and the Pledge of Allegiance was led by Councilmember Taylor. City Clerk, Miles C. Cary II, called the roll of members and it was found that there were present at the time: ANNIE BURKA BURTON CEPERLEY COOK FAEGRE FERRELL GARDNER GIANOLA HAAS HOOVER JENKINS JONES KERNS KING MOORE OVERSTREET PEPPER PHARR ROBINSON RUBIO SALANGO SNODGRASS SOLOMON STEELHAMMER TAYLOR MAYOR GOODWIN With twenty-five members being present, the Mayor declared a quorum present. ’s absence was excused by the City Clerk per Resolution No. 582-21. All absences were excused by the City Clerk per Resolution No. 582-21. Pending the reading of the Journal of the previous meeting, the reading thereof was dispensed with and the same duly approved. Journal – City Council – Charleston, WV December 1st – 1st PUBLIC SPEAKERS 1. Dural Miller – Spoke about Muss Ruby’s. CLAIMS None Journal – City Council – Charleston, WV December 1st – 1st PROCLAMATIONS 1. Journal – City Council – Charleston, WV December 1st – 1st COMMUNICATIONS None Journal – City Council – Charleston, WV December 1st – 1st REPORTS OF COMMITTEES COMMITTEE ON ORDINANCE AND RULES Councilmember Robinson, Chair of the Council Committee on Ordinance and Rules, submitted the following reports: 1. Your committee on Ordinance and Rules has had under consideration the following bill, and reports the same to Council with the recommendation that Bill No. 8061 be adopted. Bill No. 8061 - A BILL to amend and reenact Section 54-191 of the Municipal Code of the City of Charleston, as amended, relating to prohibiting the use of fireworks in any City park or on City-owned property without approval. Now, therefore, be it ordained by the Council of the City of Charleston: That Section 54-191 of the Municipal Code of the City of Charleston, as amended, be amended and reenacted to read as follows: Sec. 54-191. - Consumer fireworks; regulations, prohibited actions, and exceptions. (a) Any person igniting, discharging, detonating or otherwise using (hereinafter, collectively "use" or "using") consumer fireworks within the city and, consistent with W. Va. State Code § 8-12-19, within one mile beyond the corporate limits of the city, but not including areas within the corporate limits of another municipality, shall: (1) Not be under the influence of intoxicating liquor, non-intoxicating beer, any controlled substance, or any combination thereof; and (2) Be 18 years of age or older or shall be under the direct supervision of his or her parent, guardian, or other adult person responsible for the care and custody of the minor; and (3) Be responsible for the prompt removal of all debris resulting from the use of fireworks and such completed removal shall not exceed 24 hours after use; and (4) Be financially responsible for cleanup costs and/or damages resulting from the use of fireworks; and (5) Be responsible for all costs associated with fire suppression efforts related to the use of fireworks; and (6) Not use fireworks within 100 feet of any building or structure unless permission of the owner of the building or structure has been obtained or in any City park or on City-owned property without the advanced written approval of the City of Charleston; and (7) Not use fireworks from any motor vehicle or boat; and Journal – City Council – Charleston, WV December 1st – 1st (8) Store fireworks in a safe, secure and responsible manner, and separate from any possible ignition source; and (9) Not use fireworks in a manner that fireworks travel through, come in contact with, discharge, or explode on any public street, highway, or sidewalk, or in or on any building, or near any person, or within 500 feet of any location posing a special fire danger, such as a gas station, chemical storage area or other similar location; and (10) Not use fireworks during periods of very high or extreme fire danger as determined by the Charleston Fire Department or the West Virginia Division of Forestry, or while wind conditions are such that proper fireworks control cannot be exercised; and (11) Not be permitted to use fireworks, except between the hours of 11:00 a.m. and 11:00 p.m., on Memorial Day, Independence Day and Labor Day, or between 11:00 am on December 31 and 1:00 am on January 1; provided, however, that a person may request permission from the chief of police to use fireworks for a special event or occasion at other days or times not regularly permitted herein, and the chief of police shall have reasonable discretion, on a case by case basis and after consultation with the chief of the fire department, to approve such a request. (b) This section, and the prohibitions contained herein related to the use of consumer fireworks, is not intended to prohibit use of display fireworks within the city at any day or time so long as the use is sponsored or approved by the city. Councilmember Robinson added the bill clarifies that fireworks are not allowed in City Parks or City-owned property. Councilmember Robinson moved to approve the resolution. Councilmember Hoover seconded the motion. A roll call was taken: YEAS: Annie, Burton, Ceperley, Cook, Faegre, Ferrell, Gardner, Gianola, Haas, Hoover, Jenkins, Jones, Kerns, King, Moore, Overstreet, Pepper, Pharr, Robinson, Salango, Snodgrass, Solomon, Steelhammer, Taylor, Mayor Goodwin NAYS: ABSTAIN: ABSENT: Burka, Rubio With members present recorded thereon as voting unanimously in the majority in the affirmative, Mayor Goodwin declared Bill No. 8061 as passed. Journal – City Council – Charleston, WV December 1st – 1st REPORTS OF OFFICERS 1. City Treasurer’s Report to City Council Month Ending October 2025. 2. Municipal Court Report to City Council Month Ending October 2025. NEW BILLS None Journal – City Council – Charleston, WV December 1st – 1st MISCELLANEOUS/UNFINISHED BUSINESS None REMARKS BY MEMBERS 1. Mayor Goodwin stated that State Championships will be returning. Holly Jolly Brawley was a great success this year, and the Mayor thanked everyone involved. 2. Councilmember Cook thanked the Parks and Recreation Department for making sure kids had access to food during the holiday. 3. Councilmember Moore thanked everyone who helped at the annual Earl Wilson Community Dinner. Journal – City Council – Charleston, WV December 1st – 1st ADJOURNMENT City Clerk, Miles C. Cary II, called the closing roll call: YEAS: Annie, Burton, Ceperley, Cook, Faegre, Ferrell, Gardner, Gianola, Haas, Hoover, Jenkins, Jones, Kerns, King, Moore, Overstreet, Pepper, Pharr, Robinson, Salango, Snodgrass, Solomon, Steelhammer, Taylor, Mayor Goodwin NAYS: ABSTAIN: ABSENT: Burka, Rubio At 7:18 p.m., by a motion from Councilmember Ceperley, Council adjourned until Monday, December 15, 2025, 7:00 p.m., in Council Chambers at City Hall. _______________________________ Amy Shuler Goodwin, Honorable Mayor _______________________________ Miles C. Cary II, City Clerk

Agenda

Packet

CHARLESTON CITY COUNCIL Regular Meeting December 1, 2025 at 7:00 PM THIS MEETING WILL TAKE PLACE IN PERSON AND CAN BE VIEWED LIVE VIA https://charlestonwv.civicclerk.com/web/home.aspx Council Chambers, Third Floor City Hall, 501 Virginia St. E. Charleston, WV AGENDA CALL TO ORDER BY THE MAYOR INVOCATION AND PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC SPEAKERS AND CLAIMS 1. INTERESTED PUBLIC SPEAKERS MUST REGISTER AT THE CLERK’S HALLWAY TABLE IN PERSON NO EARLIER THAN 15 MINUTES BEFORE THE MEETING STARTS. FIVE (5) SPEAKERS WILL BE PERMITTED (RULE NO. 22 (B)). 2. Claims 12-1-2025 PROCLAMATIONS 1. 12-1-2025 COMMUNICATIONS 1. 12-1-2025 REPORTS OF STANDING COMMITTEES ORDINANCE AND RULES 1. Bill No. 8061 - A BILL to amend the Municipal Code relating to prohibiting the use of fireworks in any City park or on City-owned property without approval. FINANCE Page | 1 of 2 Page | 1 of REPORTS OF OFFICERS 1. 12-1-2025 NEW BILLS 1. 12-1-2025 UNFINISHED BUSINESS AND/OR MISCELLANEOUS BUSINESS REMARKS BY MEMBERS ROLL CALL ADJOURNMENT THE NEXT REGULAR MEETING OF COUNCIL WILL BE DECEMBER 15, 2025 AT 7:00 PM. *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 2 of 2 Page | 2 of Bill No. 8061 Introduced in Council: Adopted by Council: August 4, 2025 Introduced by: Referred to: Caitlin Cook and Joseph Jenkins Ordinance & Rules 1 Bill No. 8061 - A BILL to amend and reenact Section 54-191 of the Municipal Code of 2 the City of Charleston, as amended, relating to prohibiting the use of fireworks in any 3 City park or on City-owned property without approval. 4 5 Now, therefore, be it ordained by the Council of the City of Charleston: 6 7 That Section 54-191 of the Municipal Code of the City of Charleston, as amended, be 8 amended and reenacted to read as follows: 9 10 Sec. 54-191. - Consumer fireworks; regulations, prohibited actions, and 11 exceptions. 12 13 (a) Any person igniting, discharging, detonating or otherwise using (hereinafter, 14 collectively "use" or "using") consumer fireworks within the city and, consistent with W. 15 Va. State Code § 8-12-19, within one mile beyond the corporate limits of the city, but not 16 including areas within the corporate limits of another municipality, shall: 17 (1) Not be under the influence of intoxicating liquor, non-intoxicating beer, any 18 controlled substance, or any combination thereof; and 19 (2) Be 18 years of age or older or shall be under the direct supervision of his or 20 her parent, guardian, or other adult person responsible for the care and custody of the 21 minor; and 22 (3) Be responsible for the prompt removal of all debris resulting from the use of 23 fireworks and such completed removal shall not exceed 24 hours after use; and 24 (4) Be financially responsible for cleanup costs and/or damages resulting from 25 the use of fireworks; and 26 (5) Be responsible for all costs associated with fire suppression efforts related to 27 the use of fireworks; and 28 (6) Not use fireworks within 100 feet of any building or structure unless 29 permission of the owner of the building or structure has been obtained or in any City 30 park or on City-owned property without the advanced written approval of the City of 31 Charleston; and 32 (7) Not use fireworks from any motor vehicle or boat; and 33 (8) Store fireworks in a safe, secure and responsible manner, and separate from 34 any possible ignition source; and 35 (9) Not use fireworks in a manner that fireworks travel through, come in contact Page | 3 of 36 with, discharge, or explode on any public street, highway, or sidewalk, or in or on any 37 building, or near any person, or within 500 feet of any location posing a special fire 38 danger, such as a gas station, chemical storage area or other similar location; and 39 (10) Not use fireworks during periods of very high or extreme fire danger as 40 determined by the Charleston Fire Department or the West Virginia Division of Forestry, 41 or while wind conditions are such that proper fireworks control cannot be exercised; and 42 (11) Not be permitted to use fireworks, except between the hours of 11:00 a.m. 43 and 11:00 p.m., on Memorial Day, Independence Day and Labor Day, or between 11:00 44 am on December 31 and 1:00 am on January 1; provided, however, that a person may 45 request permission from the chief of police to use fireworks for a special event or 46 occasion at other days or times not regularly permitted herein, and the chief of police 47 shall have reasonable discretion, on a case by case basis and after consultation with 48 the chief of the fire department, to approve such a request. 49 (b) This section, and the prohibitions contained herein related to the use of 50 consumer fireworks, is not intended to prohibit use of display fireworks within the city at 51 any day or time so long as the use is sponsored or approved by the city. 52 Page | 4 of CITY OF CHARLESTON OFFICE OF THE CITY MANAGER Report to City Council on the Purchase of Gasoline and Diesel Fuel TO: City Council Members FROM: Benjamin Mishoe, City Manager DATE: December 1, 2025 Pursuant to Resolution No. 25-107, pre-authorizing the Administration to use its best judgment to accept or deny fuel bids within the 24-hour period after bid opening, I am providing this report on the recent contract award for the purchase of E-10 gasoline and diesel fuel. Per past practice, Kanawha Valley Regional Transport Authority (KRT) invited the City of Charleston to participate in its fuel procurement to create a more efficient process for both KRT and the City and to facilitate receipt of the best competitive pricing available for both organizations. On November 19, 2025, KRT held the bid opening, and both KRT and the City made an award decision the same day. Three fuel suppliers bid on the City’s fuel contract. Only one supplier offered firm-fixed pricing, while all three offered variable pricing, which is an amount fixed over the OPIS daily rack rate. (See Attached Bid Tab, showing all bids and options). After discussions with key City directors regarding the risks and benefits of each option, it was decided that a firm fixed rate was preferred over the variable rate for a variety of reasons, including predictability and budgeting. The only provider submitting firm fixed rates for a two-year period, which was the period requested in the solicitation of bids, was Colonial Oil at the following prices: Colonial Oil E-10 Gasoline Diesel Fuel Year One $2.0129 $2.5487 Year Two $1.9113 $2.4443 While the cost of gasoline and diesel varies, this pricing appears to be in the expected market range for the industry, and therefore the contract was awarded at a firm fixed rate for two years. It is worth noting the prior two-year contract was also with Colonial Oil and had gasoline prices ranging from $2.45-$2.55, and diesel prices ranging from $2.92-$3.22 during that period. Our budget estimates the City will use approximately 240,000 gallons of gasoline and 162,000 gallons of diesel per year. City Hall | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 charlestonwv.gov | 304.348.8014 | 304.348.8157 fax Page | 5 of Page | 6 of Page | 7 of CITY OF CHARLESTON OFFICE OF THE CITY MANAGER November 19, 2025 Colonial Oil Industries, Inc. 101 North Lathrop Avenue Savannah, GA 31415 RE: KRT 2025-Fuel City of Charleston – Notice of Award To Whom It May Concern: The City of Charleston is awarding a firm fixed price two-year contract to Colonial Oil Industries, Inc. effective November 19 ,2025 for the following: Unleaded Gasoline E10 Year 1- (11/24/2025-11/23/2026) plus or minus 10% of the estimated 240,000 gallons at $2.0129 per gallon. Year 2- (11/24/2026-11/23/2027) plus or minus 10% of the estimated 240,000 gallons at $1.9113 per gallon. Ultra Low Sulfur Diesel Year 1- (11/24/2025-11/23/2026) plus or minus 10% of the estimated 162,000 gallons at $2.5487 per gallon. Year 2- (11/24/2026-11/23/2027) plus or minus 10% of the estimated 162,000 gallons at $2.4443 per gallon. The City of Charleston looks forward to a business relationship with Colonial Oil Industries, Inc. If you have any questions or need any additional information, please contact me at 304.348.8014 or via email at ben.mishoe@cityofcharleston.org Sincerely, Benjamin Mishoe City Manager City Hall | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 charlestonwv.gov | 304.348.8014 | 304.348.8157 fax Page | 8 of