City Council

October 13, 2020 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 13th day of October, 2020, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Merrifield called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Frank G. Yann Third District Karl (David) Kennedy (by phone) Fourth District Kenneth (Brad) Merrifield Fifth District Barry H. Bledsoe Sixth District Dora Kay Grubb Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Also present were: City Manager Valerie A. Means (by phone) City Attorney Kevin Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons IN RE: OPENING CEREMONIES Rev. Roger Thrower gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Mason. APPROVAL OF MINUTES Mayor Merrifield noted that each member of Council had received a copy of the minutes from the Regular Meeting held on September 22, 2020. Councilmember Blood moved to approve the minutes as submitted. The motion was seconded by Councilmember Rice. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: PROCLAMATION PRESENTED TO HONOR ASA DAVISON The Mayor presented a proclamation to Keith Davison, on behalf of his father Asa 1 Davison, for his years of military service. IN RE: PROCLAMATION PRESENTED FOR DOMESTIC VIOLENCE AWARENESS MONTH Mayor Merrifield presented a proclamation to two employees of Hope, Inc. recognizing the month of October as Domestic Violence Awareness Month. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM NOVEMBER 12, 2020, TO NOVEMBER 11, 2023, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on September 25, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance approving the FOP Agreement between the City of Fairmont and Lodge #69. The Mayor asked if anyone present desired to speak to the proposed ordinance. Ms. Means spoke in favor of the proposed ordinance. She said that she was thankful to the members of the FOP negotiating team and the City’s negotiating team for bringing a unified contract of the FOP to Council. She stated that she was asking for Council’s support. There being no one else to speak, the public hearing was called to a close at 7:17 p.m. IN RE: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on September 25, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance providing for a General Fund Budget Revision. The Mayor asked if anyone present desired to speak to the proposed ordinance. Ms. Means stated that this is a budget revision for the General Fund and the majority of this revision has to do with the FOP Contract and a few other small items that the Finance Director felt we could revise at this time. There being no one else to speak, the public hearing was called to a close at 7:19 p.m. 2 IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1851 DULY ADOPTED MAY 26, 2020, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT ’S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO ACCOMMODATE CERTAIN CHANGES, NAMELY: AN INCREASE IN LONGEVITY PAY FOR FRATERNAL ORDER OF POLICE AND A BASE PAY INCREASE FOR BUILDING INSPECTOR Pursuant to a notice duly published in the Times-West Virginian on September 25, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance amending the Pay Plan to provide for an increase in the longevity for the FOP and a base pay increase for the Building Inspector. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager spoke in favor of this proposed ordinance. She explained that this ordinance goes along with our FOP contract with a change in their longevity and also includes a base pay increase for our Building Inspector. There being no one else to speak, the public hearing was called to a close at 7:20 p.m. IN RE: AN ORDINANCE AMENDING AND SUPPLEMENTING PART ONE – ADMINISTRATIVE CODE, CHAPTER ONE – GENERAL PROVISIONS, ARTICLE 107 THEREOF, CODE OF ETHICS , OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 107.07 POLITICAL ACTIVITY THEREOF TO PROSCRIBE CERTAIN POLITICAL ACTIVITY ON CITY-OWNED PROPERTY; EXEMPTION Pursuant to a notice duly published in the Times-West Virginian on September 25, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance amending the Code of Ethics to proscribe certain political activity on city-owned property. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:21 p.m. ANNOUNCEMENTS IN RE: DISC GOLF Councilmember Grubb reported that the disc golf went well and they had 140 people attending from as far as Michigan and Kentucky. She noted that they are planning to have six more events coming up in 2021. IN RE: BOOKLET OF MARION COUNTY 3 Councilmember Grubb mentioned that the CVB came up with a new booklet that has been published on Marion County. She noted that it has to be re-published due to a typo in the booklet and that will be done soon. IN RE: NEW HOLIDAY INN OWNER Councilmember Grubb reported that there is a new owner of the Holiday Inn here in Fairmont. She mentioned that they will be closed for approximately two month for an upgrade. IN RE: DRIVE THROUGH TRICK-OR-TREAT Councilmember Grubb announced that the Chamber of Commerce will be hosting a drive through trick-or-treat at Morris Park on Friday, October 30th, from 5:30 p.m. to 7:00 p.m. and it is free to the public. IN RE: CLEAN UP DOWNTOWN Councilmember Blood announced that Main Street Fairmont had a clean-up of downtown Fairmont on Saturday. She noted that it was a great success and she wished they had more time to do the other side of the street. IN RE: EXCESS LEVY FOR VOLUNTEER FIRE DEPARTMENTS Councilmember Mainella spoke in favor of the upcoming excess levy to fund the volunteer fire departments in Marion County. He noted that it was close to passing two years ago and he hopes that it passes this time. He said that he hopes the people of Marion County are grateful and vote yes for the excess levy. The Mayor noted that none of us want to pay any more than we are paying but he has had an opportunity to meet with a lot of these folks and these are folks that really are working hard and trying to make it work on their own. He said they could really use a hand from us and he thought it was the right thing to do. IN RE: PUBLIC WORKS DEPARTMENT COMMENDED Mayor Merrifield commended the Public Works Department for honoring the request to trim the trees downtown and to run the sweeper the day after the first clean-up. IN RE: WARMING STATIONS The Mayor stated that the warming station is coming along nicely at the Union Mission. IN RE: 612 MAC The Mayor mentioned that 612 MAC is coming along. He mentioned that the furnace went out and is someone is reaching out to help them with the furnace. He noted that 4 they are cutting the trees and cleaning up the property. CITIZENS PETITIONS There were no citizen’s petitions for this meeting. CITY MANAGER ’S REPORT IN RE: RETURNING TO WORK The City Manager reported that she will be returning to work on Monday, October 19th and will be joining Council in person at the next Council meeting. IN RE: TRICK-OR-TREAT The Manager announced that trick-or-treat will be held on Saturday, October 31st from 6:00 p.m. to 7:30 p.m. She mentioned a few safety tips in order to keep people safe. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM NOVEMBER 12, 2020, TO NOVEMBER 11, 2023, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Mayor Merrifield entertained a motion for the adoption of an ordinance approving the FOP Agreement between the City of Fairmont and Lodge #69. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. Councilmember Rice seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by majority of Council (and by phone) and the ordinance designated as Ordinance No. 1869 was duly adopted. Councilmember Kennedy did not vote on the ordinance. IN RE: ADOPTION , FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: GENERAL FUND 5 Mayor Merrifield entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Bledsoe seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by majority vote of Council (and by phone) and the ordinance designated as Ordinance No. 1870 was duly adopted. Councilmember Kennedy did not vote on the ordinance. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1851 DULY ADOPTED MAY 26, 2020, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT ’S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO ACCOMMODATE CERTAIN CHANGES, NAMELY: AN INCREASE IN LONGEVITY PAY FOR FRATERNAL ORDER OF POLICE AND A BASE PAY INCREASE FOR BUILDING INSPECTOR Mayor Merrifield entertained a motion for the adoption of an ordinance amending the Pay Plan to provide for an increase in longevity pay for the FOP and a base pay increase for the Building Inspector. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by majority vote of Council (and by phone) and the ordinance designated as Ordinance No. 1871 was duly adopted. Councilmember Kennedy did not vote on the ordinance. IN RE: ADOPTION, AN ORDINANCE AMENDING AND SUPPLEMENTING PART ONE – ADMINISTRATIVE CODE, CHAPTER ONE – GENERAL PROVISIONS, ARTICLE 107 THEREOF, CODE OF ETHICS , OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 107.07 POLITICAL ACTIVITY THEREOF TO PROSCRIBE CERTAIN POLITICAL ACTIVITY ON CITY-OWNED PROPERTY; EXEMPTION Mayor Merrifield entertained a motion for the adoption of an ordinance amending the Code of Ethics to proscribe certain political activity on city-owned property. 6 Motion: Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Rice seconded the motion. Discussion: Councilmember Bledsoe said that he thought this a front for Freedom of Speech. He said the ordinance itself says it’s under the Code of Ethics. He mentioned that he did not think it was unethical to promote somebody that you are supporting in an election. He noted that if feelings are hurt over it, grow up and he did not think Council should be doing this. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Rice Yes Councilmember Mason Yes Councilmember Kennedy Yes Councilmember Yann Yes Councilmember Blood Yes Councilmember Mainella Yes Councilmember Bledsoe No Councilmember Grubb Yes Mayor Merrifield Yes The Mayor declared the ordinance adopted by majority vote of Council (and by phone) and the ordinance designated as Ordinance No. 1872 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE VACATION AND ABANDONMENT OF A 15 FOOT PORTION OF THE 60 FOOT RIGHT OF WAY OF LAWRENCE STREET IN THE CITY OF FAIRMONT, FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, AND BEING THAT CERTAIN PORTION OF SAID RIGHT OF WAY ADJACENT TO AND ALONG THE WESTERN BOUNDARY OF PARCEL NO. 123 OF MARION COUNTY TAX MAP 03-12, WHICH PARCEL IS OWNED BY JAMES BURNS IV AND ANASTASIA HILVERS Mayor Merrifield entertained a motion and second for the introduction of an ordinance providing for the abandonment of a 15 foot right-of-way of Lawrence Street owned by James Burns IV and Anastasia Hilvers. Motion: Councilmember Yann moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Rice. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for October 27, 2020. 7 IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Mayor Merrifield entertained a motion and second for the introduction of an ordinance providing for the public auction of surplus personal property. Motion: Councilmember Mason moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Yann. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for October 27, 2020. IN RE: ADOPTION , A RESOLUTION TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF TUESDAY, DECEMBER 22, 2020 TO TUESDAY, DECEMBER 15, 2020 Mayor Merrifield entertained a motion for the adoption of a resolution to reschedule the Tuesday, December 22, 2020 Council meeting to Tuesday, December 15, 2020. Motion: Councilmember Yann moved for the adoption of the proposed ordinance. Councilmember Rice seconded the motion. The Clerk read the proposed resolution by synopsis. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present (and by phone). IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Merrifield moved that Council adjourn to Executive Session Pursuant to WV Supreme Court Decision in Peters v. County Commission, 519 S.E.2d 179 (W.Va.1999) to discuss litigation involving the City of Fairmont. The motion was seconded by Councilmember Mainella. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:45 p.m. IN RE: MEETING RECONVENED 8 The Mayor declared the meeting reconvened at 8:42 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Bledsoe moved to adjourn the meeting. The motion was seconded by Councilmember Rice. The Mayor declared the meeting adjourned by voice vote of Council at 8:43 p.m. 9