City Council

December 8 , 2020 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 8th day of December, 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 (by phone) Sixth District Dora Kay Grubb Seventh District Philip R. (Phil) Mason (by phone) Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Also present were: City Manager Valerie A. Means City Attorney Kevin Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons IN RE: OPENING CEREMONIES Richard Burnheart gave the invocation followed by the Pledge of Allegiance to the Flag led by Mayor Merrifield. IN RE: PROCLAMATION PRESENTED Mayor Merrifield presented a proclamation to Retired Army Sgt. David Tucker honoring the service of the 201st Field Artillery Brigade on the 30th anniversary of Operation Desert Storm. APPROVAL OF MINUTES Mayor Merrifield noted that each member of Council had received a copy of the minutes from the Regular Meeting held on November 24, 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 Mason. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS 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 November 27, 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 spoke in favor of the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: SPECIAL DATES IN DECEMBER Councilmember Grubb mentioned two special dates in December: December 6th being the largest mining disaster in the history of the United States and December 7th being Pearl Harbor Day. IN RE: FAIRMONT POLICE DEPARTMENT COMMENDED Councilmember Blood commended the Fairmont Police Department and the Marion County Sheriff’s Department for participating in “No Shave for the Brave” during the month of November. She said that during this month the officers were allowed to grow out their beard as a fundraiser to benefit the Child Advocacy Center. She said that she appreciated their donations. IN RE: FSHS FOOTBALL CHAMPIONS Councilmember Mainella extended congratulations for the Fairmont Senior High School football team for winning the State AA Championship. Councilmember Rice also said congratulations to FSHS Polar Bears on their win in the State tournament. IN RE: FAIRMONT POLICE DEPARTMENT Councilmember Mainella stated that he watched a very sad funeral today for the Charleston Police Officer, Cassie Johnson, who was killed in the line of duty last week. He said that last Thursday night, the same thing could have happened here when one of our Police Officers along with a State Trooper was serving a warrant on Alta Vista and 2 the guy they were trying to arrest opened fire on them. He said luckily, thank God, they were not hit. He stated that they returned fire and shot him so we could be going through the same thing this week that Charleston is going through. He went on to say that you don’t see that stuff in the newspaper and the newspaper is not real good about reporting news but something that is newsworthy as that, should have been in the newspaper so people will know what the Police Department is doing. He mentioned that Sunday before last, they were critical of the Police Chief but yet they really don’t report the news that involves the Police Department. Councilmember Mainella then stated that he appreciates the service of the Police Officers and they have very dangerous jobs and it hurts him to pick up the newspaper and see the newspaper being critical of them when they don’t report what they really do day in and day out. Councilmember Bledsoe echoed what Councilmember Mainella said. He stated that he appreciates the actions of the Fairmont Police Officer and the State Trooper that was involved in the incident on Alta Vista last week. He said that he was glad they came out of it unharmed and that is just one of the many reasons that he will resist anybody whoever talks about the Police and he will back the Police force and the Police Chief in anything that they need to do their job and to go home safely. He also mentioned that he didn’t see anything in the newspaper about last week’s incident but they are more than willing to throw their critiques in there of our Police Department but can’t get the news. He then said thank you to the Fairmont Police Department and the WV State Police for all that they do. Mayor Merrifield said that, hopefully, the Fairmont Police Department and the Fairmont Fire Department, know there is no doubt in their minds based upon the actions and decisions that this Council has made over the last few years of our support and appreciation. He said, hopefully, they know that and tragedies like what happened last week remind us and he wanted to say thank you for being there and doing your job. IN RE: FEAST OF SEVEN FISHES FOOD ORDERS The Mayor thanked everyone that supported the early food ordering for the Feast of the Seven Fishes. CITIZENS PETITIONS IN RE: BUILDING PERMIT ISSUE ANTHONY HORTON , 914 Lewis Street, stated that he is in attendance on behalf of his 87 year old mother. He said that she was in Municipal Court last Thursday for working without a building permit for demolition on a piece of property that she owns. He said that he does have a demolition permit and the information brought to the hearing by the Code Enforcement Officers from the City, the Judge fined his mother $647.00 for failure to do a demolition without a permit. Mr. Horton said that he has a permit signed and dated by the Building Inspector, Ken Fletcher. He went on to say that, at the hearing, 3 one of the Building Inspectors brought up the fact that he did not think the roof on his garage met Code. He was under the impression that the roof needed to have a 3/12 pitch and he did not agree with him. Under the Zoning Code, that pitch is only for a residential structure and if you read the definition of a residential structure it means “any building or portion that legally exist that contain living facilities and sleeping facilities and eating and cooking and sanitation”. He said that he is putting a roof on a garage and it does not have to meet that 3/12 pitch. Mr. Horton said the Building Inspector misinterpreted the Code and he should have looked at Section 9 of the 2015 Residential Code which deals with roof installation, however, he used the Zoning Code. He said he used the wrong Code and he tried to make the Judge aware of that and the City Judge told him to shut up in the hearing or he was going to hold him in Contempt of Court. He said that he was here tonight to try to make his point since he could not make his point in Court. He went on to say that he thought they were treated horribly in City Court and at the end of the day you want to be treated respectfully. He said that his mother is 87 years old and for her to be fined $647.00 and we have a permit and he tried to bring that to the Judge’s attention and he wouldn’t even hear it. He said that he is asking that the City Manager take a look into this and that the City Manager rescind the $647.00 fine that the Judge fined his mother because they do have a demolition permit. He said the Inspector who took his permit was at the hearing and he failed to even mention that to the Judge. He knew he had a permit and never said a word. Ms. Means asked if what he had with him was the building permit for the roof that he is building. Mr. Horton replied it was the demolition permit. Ms. Means said that’s not what was in question. She said the question is for the permit for the roof that he is building. She said that he does not have a permit for that. Mr. Horton replied yes he does. He said that he does not have it with him at the meeting but he will bring it to her tomorrow. He said, again, that his mother was found guilty of working without a demolition permit. Ms. Means said without a building permit. Mr. Horton said a demolition permit. Ms. Means asked Mr. Horton to bring in a copy of the building permit and stated that would be very helpful. Mr. Horton said that they are not in violation of anything, they play by the rules. He said, again, that he had a building permit and a demolition permit. He said at the end of the day, they wanted to be treated fairly and you don’t run an 87 year old woman through Court. IN RE: HOMELESSNESS UPDATE IN FAIRMONT 4 REV. D.D. MEIGHEN , discussed the homelessness situation in Fairmont. He presented Council with an update on the Friendship Wellness Drop in Center, The Union Mission, The Blessings in the Basement and other agencies that assist with the homelessness. IN RE: CORRELATIONS BETWEEN SHARIA ADHERENCE AND VIOLENT DOGMA IN U.S. MOSQUES REV. JOHN POLIS, addressed Council in response to comments made by Rev. Larry Buckland, a member of the Human Rights Commission, who unfairly characterized his position, so he is correcting the record before City Council. He said that this is a statement in response to the allegations of the Council on American Islamic Relations against him. He presented each Councilmember with a copy of a letter from John Boggs of Cookeville, TN regarding “Council on American Islamic Relations Strategic Plan” and Mapping Shari’a. He made a lengthy presentation. CITY MANAGER ’S REPORT IN RE: WATER REFINANCING BONDS Ms. Means reported that she received word last week that our Water Series 2020A Refunding Bonds closed. She thanked Council for approving the ordinance relating to the Water Bonds. IN RE: CARES ACT The City Manager stated that the Governor announced that the CARES ACT funds that was originally allocated at $200 million has been increased to $225 million to ensure that all applicants between now and the December 15th deadline are able to receive grant funds. She said that the City will continue to apply as long as we have eligible expenses and until the funds are no longer available. IN RE: WINDMILL PARK IMPROVEMENT The Manager reported that she failed to mention at the last meeting that the City did paving at Windmill Park and it included the parking lot and the track. She said that staff is going to continue to access our parks and see where we can make improvements. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: GENERAL FUND Mayor Merrifield entertained a motion for the adoption of an ordinance to provide for a General Fund Budget Revision. Motion: 5 Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Yann seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council (and by phone) and the ordinance designated as Ordinance No. 1877 was duly adopted. IN RE: TWO RE-APPOINTMENT S, BOARD OF ZONING APPEALS, THREE- YEAR TERMS TO END JANUARY 1, 2024 Mayor Merrifield entertained a motion for two re-appointments to the Board of Zoning Appeals for three-year terms ending January 1, 2024. Motion: Mayor Merrifield moved to re-appoint Madelaine Shultz and Joseph Manchin IV to the Board of Zoning for three-year terms ending January 1, 2024. The motion was seconded by Councilmember Mainella. Roll call was taken by the Clerk. The Mayor declared Madelaine Shultz and Joseph Manchin IV re-appointed to the Board of Zoning Appeals for three-year terms ending January 1, 2024 by unanimous vote of those Councilmember present (and by phone). IN RE: TWO APPOINTMENT S, BOARD OF ZONING APPEALS, ONE UNEXPIRED TERM TO END JANUARY 1, 2023 AND ONE UNEXPIRED TERM TO END JANUARY 1, 2022 Mayor Merrifield entertained a motion for two appointments to the Board of Zoning Appeals for unexpired terms. Motion: The Mayor moved to appoint David Knapp for the unexpired term ending January 1, 2023 and David Perkins for the unexpired term ending January 1, 2022. The motion was seconded by Councilmember Yann. Roll call was taken by the Clerk. The Mayor declared David Knapp appointed to the unexpired term ending January 1, 2023 and David Perkins appointed for the unexpired term ending January 1, 2022 by unanimous vote of those Councilmember present (and by phone). 6 IN RE: ONE APPOINTMENT, PLANNING AND ZONING COMMISSION , THREE-YEAR TERM TO END SEPTEMBER 17, 2023 Mayor Merrifield entertained a motion for one appointment to the Planning and Zoning Commission for a three-year term to end September 17, 2023. Motion: The Mayor moved to appoint Frank Yann to the Planning and Zoning Commission for a three-year term ending September 17, 2023. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk. The Mayor declared Frank Yann appointed to the Planning and Zoning Commission for a three-year term ending September 17, 2023 by unanimous vote of those Councilmember present (and by phone). IN RE: ONE RE-APPOINTMENT, MARION COUNTY PARKS AND RECREATION COMMISSION, THREE-YEAR TERM TO END DECEMBER 31, 2023 Mayor Merrifield entertained a motion for one re-appointment to the Marion County Parks and Recreation Commission for a three-year term to end December 31, 2023. Motion: Mayor Merrifield moved to re-appoint Craig White to the Marion County Parks and Recreation Commission for a three-year term ending December 31, 2023. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk. The Mayor declared Craig White re-appointed to MCPARC for a three-year term ending December 31, 2023 by unanimous vote of those Councilmember present (and by phone). IN RE: ONE RE-APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2024 Mayor Merrifield entertained a motion for one re-appointment to the Historic Preservation Review Commission for a three-year term to end January 1, 2024. Motion: The Mayor moved to re-appoint Tracy Evans to the Historic Preservation Review Commission for a three-year term to end January 1, 2024. The motion was seconded by Councilmember Mainella. 7 Roll call was taken by the Clerk. The Mayor declared Tracy Evans re-appointed to the Historic Preservation Review Commission for a three-year term to end January 1, 2024 by unanimous vote of those Councilmember present (and by phone). IN RE: ONE APPOINTMENT, FAIRMONT AIRPORT AUTHORITY, UNEXPIRED TERM TO END OCTOBER 1, 2022 Mayor Merrifield entertained a motion for one appointment to the Fairmont Airport Authority for an unexpired term to end October 1, 2022. Motion: The Mayor moved to appoint Christopher Moran to the Fairmont Airport Authority for an unexpired term ending October 1, 2022. The motion was seconded by Councilmember Mainella. Roll call was taken by the Clerk. The Mayor declared Christopher Moran appointed to the Fairmont Airport Authority for an unexpired term ending October 1, 2022 by unanimous vote of those Councilmember present (and by phone). ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Mainella moved to adjourn the meeting. The motion was seconded by Councilmember Yann. The Mayor declared the meeting adjourned by voice vote of Council at 8:00 p.m. 8