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City Council

Regular Meeting

Fairmont, WV · March 27, 2018

AgendaMinutes

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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