City Council

November 10 , 2020 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 10th day of November, 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 (by phone) 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 Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Absent: Seventh District Philip R. (Phil) Mason Also present were: City Attorney Kevin Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons Utility Controller Mark Moore Bond Counsel John Stump, Steptoe and Johnson Investment Banker Greg Issacs , Crews and Associates IN RE: OPENING CEREMONIES Bishop Galen Hansen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Grubb. IN RE: PROCLAMATION PRESENTED The Mayor presented a proclamation to honor the life and service of World War II Veteran Okla Edgell. APPROVAL OF MINUTES Mayor Merrifield noted that each member of Council had received a copy of the minutes 1 from the Regular Meeting held on October 27, 2020. He asked if there were any corrections, deletions, or amendments. Councilmember Blood moved to approve the minutes as submitted. The motion was seconded by Councilmember Yann. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1751, WHICH IS CODIFIED AS PART ONE ADMINISTRATIVE CODE, CHAPTER SEVEN BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 175 HUMAN RIGHTS COMMISSION, OF THE FAIRMONT CITY CODE, TO PROVIDE FOR STAGGERED TERMS OF COMMISSIONERS AND TERM LIMITS OF COMMISSIONERS Pursuant to a notice duly published in the Times-West Virginian on October 30, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance amending the Human Rights Commission to provide for staggered terms and term limits of the Commissioners. 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 7:10 p.m. ANNOUNCEMENTS IN RE: CONDOLENCES EXTENDED TO TYLER HALL ’S FAMILY Councilmember Mainella stated, on behalf of the City of Fairmont, he extended condolences to Police Officer Tyler Hall and his family on the recent passing of his father. He noted that he lost his father last Friday due to Covid. IN RE: CONDOLENCES TO ANTHONY HORTON ’S FAMILY Councilmember Mainella also extended condolences to Anthony Horton and his family for the recent passing of his sister a couple days ago due to Covid. IN RE: CONDOLENCES TO VALERIE MEANS AND HER FAMILY Councilmember Mainella extended condolences to the City Manager and her family for the passing of her sister. CITIZENS PETITIONS IN RE: FAIRMONT COMMUNITY DEVELOPMENT PARTNERSHIP 2 CLIFTON JACKSON , 201 Fairmont Avenue, stated that he was here tonight on behalf of the Fairmont Community Development Partnership. He said that the Partnership serves Marion County and Fairmont by providing affordable housing and other economic development activities. He said that he serves because of his friend and mentor, Bob Gribben. He invited Council to attend their online annual meeting on November 30th with the meeting details on their website. He then said that it is the intention of the Board to provide frequent updates to Council and the community in the upcoming year. Additionally, they will be holding listening and planning sessions to invite the community to participate and create a strategic plan for the organization. Mr. Jackson then welcomed Kayleigh Kyle as the new Executive Director. KAYLEIGH KYLE, new Executive Director of the Partnership, introduced herself and gave an update on various projects that the Partnership has going on right now. CITY MANAGER ’S REPORT There was no City Manager’s report for this meeting. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1751, WHICH IS CODIFIED AS PART ONE ADMINISTRATIVE CODE, CHAPTER SEVEN BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 175 HUMAN RIGHTS COMMISSION, OF THE FAIRMONT CITY CODE, TO PROVIDE FOR STAGGERED TERMS OF COMMISSIONERS AND TERM LIMITS OF COMMISSIONERS Mayor Merrifield entertained a motion for the adoption of an ordinance amending the Human Rights Commission to provide for staggered terms and term limits of the Commissioners. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. Discussion: Councilmember Mainella stated that he is very much in favor of this but at some point, it would make sense to maybe put some criteria on different members like someone from the handicapped community, someone from the gay community, and someone from the black community. He said that would increase the diversity. Councilmember Blood stating that they are trying to get the word out and it is so important for people to know that there are openings on the Commission and people can apply. She noted that we really need some diversity on the Commission. 3 The Mayor asked the City Clerk when the deadline is for people to apply. The Clerk said that the vacancies have not been advertised yet. We were waiting for the ordinance to be adopted on making the terms staggered before advertising. She noted that it would be aggressively advertised that there are vacancies on that board. The Clerk also mentioned that board and commission applications can be accepted at any time, not just when there are vacancies. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Bledsoe No Councilmember Rice Yes Councilmember Yann Yes Councilmember Grubb Yes Councilmember Kennedy Yes Councilmember Mainella Yes Councilmember Blood Yes Mayor Merrifield Yes The Mayor declared the ordinance adopted by majority vote of those Councilmembers present (and by phone) and the ordinance designated as Ordinance No. 1875 was duly adopted. IN RE: ADOPTION , AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT SUSPENDING COUNCIL ’S RULES OF ORDER AND PROCEDURE TO THE EXTENT NECESSARY TO PERMIT COUNCIL TO MEET TELEPHONICALLY OR VIA A LIVE AUDIO OR VISUAL STREAM OR OTHER VIRTUAL PLATFORM FOR REGULAR OR SPECIAL OR EMERGENCY MEETINGS, AND TO PERMIT INDIVIDUAL COUNCILMEMBERS TO ATTEND SUCH MEETINGS TELEPHONICALLY OR VIA A LIVE AUDIO OR VISUAL STREAM OR OTHER VIRTUAL PLATFORM; ALL OPEN MEETING ACT REQUIREMENTS PRESERVED Mayor Merrifield entertained a motion for the adoption of an emergency ordinance suspending Council’s Rules of Order to permit Council to meet telephonically or by other virtual platforms for regular, special, or emergency meetings. Motion: Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Yann seconded the motion. The Clerk read the proposed resolution by synopsis for the first time. Roll call was taken by the Clerk. The Mayor declared the emergency ordinance adopted by unanimous vote of those Councilmembers present (and by phone) and the ordinance designated as Ordinance No. 1876 was duly adopted. 4 IN RE: ADOPTION, A SUPPLEMENTAL RESOLUTION AUTHORIZING AND APPROVING CERTAIN PARAMETERS AS TO DATES, AMOUNTS, MATURITIES, INTEREST RATES, REDEMPTION PROVISIONS, PURCHASE PRICE AND OTHER DETAILS AS TO THE WATER REFUNDING REVENUE BONDS, SERIES 2020 A, OF THE CITY OF FAIRMONT, AUTHORIZING AND APPROVING THE SALE AND DELIVERY OF SUCH BONDS TO THE ORIGINAL PURCHASER, AUTHORIZING AND APPROVING A TAX COMPLIANCE POLICY, A BOND PURCHASE AGREEMENT, A PREPAYMENT AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A CONTINUING DISCLOSURE POLICY, A REGISTRAR AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, AN OFFICIAL STATEMENT, A CERTIFICATE OF DETERMINATIONS AND OTHER INSTRUMENTS RELATING TO THE BONDS, AUTHORIZING THE PURCHASE OF A MUNICIPAL BOND INSURANCE POLICY AND/OR MUNICIPAL BOND DEBT SERVICE RESERVE INSURANCE POLICY AND AMENDMENT AND/OR MODIFICATION OF THE ORDINANCE TO COMPLY THEREWITH, APPOINTING A REGISTRAR, PAYING AGENT AND DEPOSITORY BANK FOR SUCH BONDS, AND MAKING OTHER PROVISIONS AS TO THE BONDS Mayor Merrifield entertained a motion for the adoption of a resolution approving the parameters for the Water Bond Refinancing. Motion: Councilmember Bledsoe moved for the adoption of the proposed resolution. Councilmember Blood seconded the motion. The Clerk read the proposed resolution by synopsis. Discussion: JOHN STUMP, with Steptoe and Johnson, and Bond Counsel for the City, explained the cost savings of the bond refinancing. He explained that this is a refinancing and the purpose of which is to save interest costs over the remaining life of this bond issue. He said the bond issue pays off in July of 2029 and the total annual savings ranges from $383,000 to $388,000. The net present benefit is in excess of $1 million dollars. He said that Council has taken the final steps that are required in order to lock in the interest rates next week. 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: ADOPTION, SWEEP RESOLUTION Mayor Merrifield entertained a motion for the adoption of a resolution approving the final step of the Water Bond Refinancing. By this proposed resolution, the City of Fairmont 5 (the “Issuer”) provides that the payment of the monthly debt service and reserve fund payments on the Issuer’s Water Refunding Revenue Bonds Series 2020 A Bonds and other bonds of the Issuer identified on the Exhibit attached to the Resolution may be made to the West Virginia Municipal Bond Commission by electronic transfer with the State Treasurer sweeping the Issuer’s account. Motion: Councilmember Mainella moved for the adoption of the proposed resolution. Councilmember Blood 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). ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Blood moved to adjourn the meeting. The motion was seconded by Councilmember Yann. The Mayor declared the meeting adjourned by voice vote of Council at 7:32 p.m. 6