City Council

November 27, 2018 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th day of November, 2018, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Mainella called the meeting to order. IN RE: OATH OF OFFICE – KARL DAVID KENNEDY The City Clerk administered the Oath of Office of Councilmember to Karl David Kennedy, the Councilmember elected at the City of Fairmont Municipal Election held on November 8, 2018 to serve the unexpired term of the Third District from the time the election results where certified on November 16, 2018 until December 31, 2018. The Clerk administered the Oath of Office, to-wit: “Do you, Karl David Kennedy, having been duly elected as the Third District Councilmember for the unexpired term commencing on the 16th day of November and expiring on the 31st day of December, 2018, solemnly swear, that you will support the Constitution of the United States, the Constitution of the State of West Virginia, and the Charter of the City of Fairmont, and that you will faithfully and impartially perform the duties of a Councilmember of the City of Fairmont, so long as you shall continue therein, to the best of your skill and judgment, so help you God?” Councilmember Kennedy replied “I do”. Thereupon, the City Clerk declared Karl David Kennedy duly sworn in as a member of Council of the City of Fairmont and extended congratulations to him. Councilmembers present were: First District Marianne Moran Second District Frank G. Yann Third District Karl D. (David) Kennedy 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. 1 Also present were: City Manager Robin I. Gomez City Attorney Kevin Sansalone City Clerk Janet L. Keller Police Chief Steve Shine IN RE: OPENING CEREMONIES Rev. Frank Jarman gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Straight. 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 13, 2018. Councilmember Mason 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. IN RE: PRESENTATION OF CERTIFICATE TO EAGLE SCOUT Mayor Mainella presented a certificate to Hunter E.C. Baker for achieving the Boy Scouts of America’s highest honor of Eagle Scout. Congratulations were extended to Hunter for his achievement. PUBLIC HEARINGS IN RE: AN ORDINANCE PROVIDING FOR THE TRANSFER OF ONE (1) 2007 FORD CROWN VICTORIA OWNED BY THE CITY OF FAIRMONT TO THE MARION COUNTY POLICE RESERVES Pursuant to a notice duly published in the Times-West Virginian on November 19, 2018, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the transfer of a 2007 Ford Crown Victoria owned by the City of Fairmont to the Marion County Police Reserves. The Mayor asked if anyone present desired to speak to the proposed ordinance. The Mayor noted that this was a surplus car that the City of Fairmont was 2 donating to the Marion County Police Reserves. The Police Chief noted that they take on a lot of jobs and responsibilities that the Police Department does not have the manpower or time to do. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: FEAST OF THE SEVEN FISHES FESTIVAL Councilmember Moran reminded everyone that the Feast of the Seven Fishes Festival will be held on Saturday, December 8th in downtown Fairmont and the cooking school will be held on Friday, December 7th. She also reported that on December 8th, the Woman’s Club will be having their annual tea and tour. IN RE: CONGRATULATIONS TO HUNTER E.C. BAKER All Councilmembers extended individual congratulations to Hunter on his rank of Eagle Scout and to his parents for raising such a wonderful young man. IN RE: WELCOME COUNCILMEMBER KENNEDY Councilmember Mason extended welcome wishes to newly-elected Councilmember Kennedy and that he looked forward to working with him. IN RE: CHRISTMAS DECORATIONS Councilmember Grubb mentioned that she noticed there were more Christmas decorations on Adams Street than what she has seen in the past. She then thanked the group of women that decorated the Court House Christmas tree. IN RE: 5TH ANNUAL MINERS DAY SWAP MEET Councilmember Grubb noted the 5th annual Miners Day Swap Meet will be held on Saturday, December 8th at the Arts and Antiques Building in downtown. IN RE: FORMER COUNCILMEMBER HARGER COMMENDED Mayor Mainella thanked former Councilmember Warren Harger for his services to Council since February, 2018. 3  CITIZENS PETITIONS IN RE: HUMAN RIGHTS COMMISSION FUNDING WARREN HARGER, 200 Jefferson Street, addressed Council regarding funding for the Human Rights Commission. He said that with the new budget coming up, his request is to set up a budget for the Commission so when appointments are made, they will have an established shell to walk into. He also mentioned that he would like to see the City Council utilize the HRC for a variety of areas in the City, including grant awards. CITY MANAGER’S REPORT IN RE: POLICE REPORT The City Manager asked Police Chief Shine to give a brief update on items of importance both to the Council as well as to the public. IN RE: BAKER FAMILY COMMENDED Mr. Gomez thanked the Baker Family for attending the meeting and commended Hunter on his Eagle Scout award. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE TRANSFER OF ONE (1) 2007 FORD CROWN VICTORIA OWNED BY THE CITY OF FAIRMONT TO THE MARION COUNTY POLICE RESERVES Mayor Mainella entertained a motion for the adoption of an ordinance providing for the transfer of a 2007 Ford Crown Victoria owned by the City of Fairmont to the Marion County Police Reserves. Motion: Councilmember Straight moved for the adoption of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1794 was duly adopted. 4 IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1534, ENACTED OCTOBER 11, 2011, AS AMENDED, AND CODIFIED AS ARTICLE 920 OF CHAPTER ONE OF PART NINE OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 920.03 SPECIAL CHARGES ESTABLISHED AND IMPOSED SUB-SECTION (c) NON-RESIDENT EMPLOYEE STREET MAINTENANCE AND IMPROVEMENT CHARGE, PART 2 THEREOF EXEMPTIONS FROM NON-RESIDENT EMPLOYEE STREET MAINTENANCE AND IMPROVEMENT CHARGE TO ELIMINATE SUB-PART (B) THE EXEMPTION FOR PERSONS WHO PAY A USER FEE OR MAKE REMUNERATION TO ANOTHER MUNICIPALITY FOR SERVICES BASED UPON EMPLOYMENT WITHIN THE OTHER MUNICIPALITY Mayor Mainella entertained a motion and second for the introduction of an ordinance amending the Street Maintenance Fee to eliminate the exemption for persons who pay a User Fee to another municipality. Motion: Councilmember Moran moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Merrifield. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for December 11, 2018 by voice vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Mainella moved that Council adjourn to Executive Session under WV Code Section §6-9A-4 under Item #2 under 2.11 of the City Charter. The motion was seconded by Councilmember Straight. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:31 p.m. He said that he did not anticipate conducting any business when returning from Executive Session. IN RE: MEETING RECONVENED Mayor Mainella declared the meeting reconvened at 8:10 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. 5 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 8:11 p.m. 6