City Council
Regular MeetingFairmont, WV · March 27, 2018
Minutes
FAIRMONT CITY COUNCIL
REGULAR MEETING
TUESDAY, MARCH 27, 2018
7:00 P.M.
COUNCIL CHAMBERS
PUBLIC SAFETY BUILDING
500 QUINCY STREET
FAIRMONT, WEST VIRGINIA
I. CALL TO ORDER - Mayor Mainella
II. ROLL CALL OF MEMBERS – Janet L. Keller, City Clerk
III. OPENING CEREMONIES
A. Prayer/Meditation
B. Pledge Of Allegiance – Councilmember Straight
IV. APPROVAL OF MINUTES –
Regular Meeting – March 13, 2018
V. PUBLIC HEARINGS AND ANNOUNCEMENTS
A. PUBLIC HEARINGS
1. An Ordinance Providing For An Amendment to
The City Of Fairmont’s 2017-2018 Annual
Budget: General Fund.
2. An Ordinance Of The Council Of The City Of
Fairmont Providing For And Authorizing The
Purchase Of Those Certain Parcels Of Real Estate
Situate In The City Of Fairmont, Union District,
Marion County, West Virginia, And Described As
Follows:
Pt Lt 1 (7753.40 Sq Ft) Vermont Ave (Plat 239-
75)
District 05 Map 4 Parcel 6; And
Pt Lt 1 (6156.61 Sq Ft) Morgantown Ave (Plat
938-753)
District 05 Map 4 Parcel 6.1
From Teddy R. Edwards & Joy R. Silverman
Edwards, And James B. McCormley, Respectively,
To Provide A Location For The Construction Of
New East Side Fire Station.
B. ANNOUNCEMENTS
VI. CITIZENS PETITIONS
VII. CITY MANAGER’S REPORT
1. Audit Presentation
VIII. CONSIDERATION OF COUNCIL BUSINESS
1. Adoption, An Ordinance Providing For An Amendment
to The City Of Fairmont’s 2017-2018 Annual Budget:
General Fund.
2. Adoption, An Ordinance Of The Council Of The City Of
Fairmont Providing For And Authorizing The Purchase
Of Those Certain Parcels Of Real Estate Situate In The
City Of Fairmont, Union District, Marion County, West
Virginia, And Described As Follows:
Pt Lt 1 (7753.40 Sq Ft) Vermont Ave (Plat 239-75)
District 05 Map 4 Parcel 6; And
Pt Lt 1 (6156.61 Sq Ft) Morgantown Ave (Plat 938-
753)
District 05 Map 4 Parcel 6.1
From Teddy R. Edwards & Joy R. Silverman Edwards,
And James B. McCormley, Respectively, To Provide A
Location For The Construction Of New East Side Fire
Station.
3. Introduction, First Reading, Set Public Hearing, An
Ordinance Authorizing The Renewal Of That Certain
Letter Of Credit, No 2001-525, Issued By Wesbanco
Bank To The City Of Fairmont For Purposes Of
Satisfying A Portion Of The Self-Insured Security And
Insurance Requirements Of The West Virginia Workers’
Compensation Act.
4. Introduction, First Reading, Set Public Hearing, An
Ordinance Amending And Supplementing Part Seven
Business And Taxation Code, Article 761 Business And
Occupation Tax, Section 761.14 Computation Of Tax;
Payment And More Particularly Sub-Section 761.14 (D)
Thereof To Authorize The Director To Calculate The Tax
Under Said Article And Demand Payment Of Same,
Together With Any Such Taxes, Penalties And Interest
Due For Prior Periods, From Any Taxpayer Who
Commences Work For Which A Building Or Other
Permit Is Required Without First Having Obtained Such
Permit At The Time Of Application For And Prior To Or
Upon Issuance Of The Building Or Other Permit.
5. Introduction, First Reading, Set Public Hearing, An
Ordinance Amending And Supplementing Ordinance
No. 1307, As Amended, Personnel Rules And
Regulations, Rule 21 Pension And Insurance, And More
Particularly Section 21.1 Pension Thereof, Resulting
From The Closure Of The City Of Fairmont’s Police And
Fire Pension And Relief Fund To Police Officers And Fire
Fighters Hired After January 1, 2018, And The Election
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
Such Police Officers And Fire Fighters Into The West
Virginia Police Officers And Fire Fighters Retirement
System.
6. Introduction, First Reading, Set Public Hearing, An
Ordinance Of The Council Of The City Of Fairmont
Providing For And Authorizing The Transfer And
Conveyance Of A Certain Parcel Of Real Estate Situate
In The City Of Fairmont, Fairmont District, Marion
County, West Virginia, To-Wit:
Ls 34-35 Arnett Add Robinson St
Map 03-33 Parcel 0132
Fairmont City District, Marion County, WV
212 Robinson Street
From Hylton Holdings, LLC, To The City Of Fairmont;
Providing For And Authorizing The Conveyance And
Transfer Of Said Parcel Of Real Estate From The City Of
Fairmont To North Central West Virginia Community
Action Associates, Inc., An Adjoining Property Owner,
In Accordance With The City Of Fairmont's Approved
Home Rule Plan And The Ordinances Adopted
Thereunder; Approving The Form Of The Transactional
Documents; And Authorizing The City Manager To
Execute And Deliver Them On Behalf Of The City Of
Fairmont; Ratification.
7. Adoption, A Resolution Of The Council Of The City Of
Fairmont Authorizing The City Manager Or His
Designee To Open, Establish, And Maintain At The
Huntington National Bank, Inc., A Pension Benefit
Payment Trust Account For The Use And Benefit Of The
Fairmont Policemen’s Pension Or Relief Fund Created
And Established Pursuant To The Provisions Of West
Virginia Code Section §8-22-16, Et Seq., For Police
Officers Hired Before January 1, 2018.
8. Adoption, A Resolution Of The Council Of The City Of
Fairmont Authorizing The City Manager Or His
Designee To Open, Establish, And Maintain At The
Huntington National Bank, Inc., A Pension Benefit
Payment Trust Account For The Use And Benefit Of The
Firemen’s Pension And Relief Fund Of Fairmont Created
And Established Pursuant To The Provisions Of West
Virginia Code Section §8-22-16, Et Seq., For
Firefighters Hired Before January 1, 2018.
9. Adoption, A Resolution Proclaiming April 2018 As Fair
Housing Month In The City Of Fairmont.
10. Adoption, A Resolution To Reschedule The
Regular City Council Meeting Of May 8, 2018 To May 9,
2018.
EXECUTIVE SESSION - 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
and compensation of a public officer.
11. Council Appointment - 3rd District Vacancy,
Unexpired Term To End At The Completion Of The
Canvass Of The November 6, 2018 General Election.
12. Oath Of Office – 3rd District Vacancy
IX. ADJOURNMENT
Agenda
FAIRMONT CITY COUNCIL
REGULAR MEETING
TUESDAY, MARCH 27, 2018
7:00 P.M.
COUNCIL CHAMBERS
PUBLIC SAFETY BUILDING
500 QUINCY STREET
FAIRMONT, WEST VIRGINIA
I. CALL TO ORDER - Mayor Mainella
II. ROLL CALL OF MEMBERS – Janet L. Keller, City Clerk
III. OPENING CEREMONIES
A. Prayer/Meditation
B. Pledge Of Allegiance – Councilmember Straight
IV. APPROVAL OF MINUTES –
Regular Meeting – March 13, 2018
V. PUBLIC HEARINGS AND ANNOUNCEMENTS
A. PUBLIC HEARINGS
1. An Ordinance Providing For An Amendment to
The City Of Fairmont’s 2017-2018 Annual
Budget: General Fund.
2. An Ordinance Of The Council Of The City Of
Fairmont Providing For And Authorizing The
Purchase Of Those Certain Parcels Of Real Estate
Situate In The City Of Fairmont, Union District,
Marion County, West Virginia, And Described As
Follows:
Pt Lt 1 (7753.40 Sq Ft) Vermont Ave (Plat 239-
75)
District 05 Map 4 Parcel 6; And
Pt Lt 1 (6156.61 Sq Ft) Morgantown Ave (Plat
938-753)
District 05 Map 4 Parcel 6.1
From Teddy R. Edwards & Joy R. Silverman
Edwards, And James B. McCormley, Respectively,
To Provide A Location For The Construction Of
New East Side Fire Station.
B. ANNOUNCEMENTS
VI. CITIZENS PETITIONS
VII. CITY MANAGER’S REPORT
1. Audit Presentation
VIII. CONSIDERATION OF COUNCIL BUSINESS
1. Adoption, An Ordinance Providing For An Amendment
to The City Of Fairmont’s 2017-2018 Annual Budget:
General Fund.
2. Adoption, An Ordinance Of The Council Of The City Of
Fairmont Providing For And Authorizing The Purchase
Of Those Certain Parcels Of Real Estate Situate In The
City Of Fairmont, Union District, Marion County, West
Virginia, And Described As Follows:
Pt Lt 1 (7753.40 Sq Ft) Vermont Ave (Plat 239-75)
District 05 Map 4 Parcel 6; And
Pt Lt 1 (6156.61 Sq Ft) Morgantown Ave (Plat 938-
753)
District 05 Map 4 Parcel 6.1
From Teddy R. Edwards & Joy R. Silverman Edwards,
And James B. McCormley, Respectively, To Provide A
Location For The Construction Of New East Side Fire
Station.
3. Introduction, First Reading, Set Public Hearing, An
Ordinance Authorizing The Renewal Of That Certain
Letter Of Credit, No 2001-525, Issued By Wesbanco
Bank To The City Of Fairmont For Purposes Of
Satisfying A Portion Of The Self-Insured Security And
Insurance Requirements Of The West Virginia Workers’
Compensation Act.
4. Introduction, First Reading, Set Public Hearing, An
Ordinance Amending And Supplementing Part Seven
Business And Taxation Code, Article 761 Business And
Occupation Tax, Section 761.14 Computation Of Tax;
Payment And More Particularly Sub-Section 761.14 (D)
Thereof To Authorize The Director To Calculate The Tax
Under Said Article And Demand Payment Of Same,
Together With Any Such Taxes, Penalties And Interest
Due For Prior Periods, From Any Taxpayer Who
Commences Work For Which A Building Or Other
Permit Is Required Without First Having Obtained Such
Permit At The Time Of Application For And Prior To Or
Upon Issuance Of The Building Or Other Permit.
5. Introduction, First Reading, Set Public Hearing, An
Ordinance Amending And Supplementing Ordinance
No. 1307, As Amended, Personnel Rules And
Regulations, Rule 21 Pension And Insurance, And More
Particularly Section 21.1 Pension Thereof, Resulting
From The Closure Of The City Of Fairmont’s Police And
Fire Pension And Relief Fund To Police Officers And Fire
Fighters Hired After January 1, 2018, And The Election
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
Such Police Officers And Fire Fighters Into The West
Virginia Police Officers And Fire Fighters Retirement
System.
6. Introduction, First Reading, Set Public Hearing, An
Ordinance Of The Council Of The City Of Fairmont
Providing For And Authorizing The Transfer And
Conveyance Of A Certain Parcel Of Real Estate Situate
In The City Of Fairmont, Fairmont District, Marion
County, West Virginia, To-Wit:
Ls 34-35 Arnett Add Robinson St
Map 03-33 Parcel 0132
Fairmont City District, Marion County, WV
212 Robinson Street
From Hylton Holdings, LLC, To The City Of Fairmont;
Providing For And Authorizing The Conveyance And
Transfer Of Said Parcel Of Real Estate From The City Of
Fairmont To North Central West Virginia Community
Action Associates, Inc., An Adjoining Property Owner,
In Accordance With The City Of Fairmont's Approved
Home Rule Plan And The Ordinances Adopted
Thereunder; Approving The Form Of The Transactional
Documents; And Authorizing The City Manager To
Execute And Deliver Them On Behalf Of The City Of
Fairmont; Ratification.
7. Adoption, A Resolution Of The Council Of The City Of
Fairmont Authorizing The City Manager Or His
Designee To Open, Establish, And Maintain At The
Huntington National Bank, Inc., A Pension Benefit
Payment Trust Account For The Use And Benefit Of The
Fairmont Policemen’s Pension Or Relief Fund Created
And Established Pursuant To The Provisions Of West
Virginia Code Section §8-22-16, Et Seq., For Police
Officers Hired Before January 1, 2018.
8. Adoption, A Resolution Of The Council Of The City Of
Fairmont Authorizing The City Manager Or His
Designee To Open, Establish, And Maintain At The
Huntington National Bank, Inc., A Pension Benefit
Payment Trust Account For The Use And Benefit Of The
Firemen’s Pension And Relief Fund Of Fairmont Created
And Established Pursuant To The Provisions Of West
Virginia Code Section §8-22-16, Et Seq., For
Firefighters Hired Before January 1, 2018.
9. Adoption, A Resolution Proclaiming April 2018 As Fair
Housing Month In The City Of Fairmont.
10. Adoption, A Resolution To Reschedule The
Regular City Council Meeting Of May 8, 2018 To May 9,
2018.
EXECUTIVE SESSION - 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
and compensation of a public officer.
11. Council Appointment - 3rd District Vacancy,
Unexpired Term To End At The Completion Of The
Canvass Of The November 6, 2018 General Election.
12. Oath Of Office – 3rd District Vacancy
IX. ADJOURNMENT
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