City Council

May 11, 2021 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 11th day of May, 2021, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Mainella called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Karl (David) Kennedy (by phone) Fourth District Richard (Rick) Garcia Fifth District Barry H. Bledsoe Sixth District Gia Deasy Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Absent: Seventh District Blair Montgomery 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: EXCUSE COUNCILMEMBER MONTGOMERY Councilmember Bledsoe made a motion to excuse Councilmember Montgomery from tonight’s meeting. The motion was seconded by Councilmember Garcia. It was noted that he had difficulty dialing-in for the meeting. The Mayor declared Councilmember Montgomery excused from tonight’s meeting by voice vote of Council. IN RE: OPENING CEREMONIES Rev. Robin Norsworthy gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Bledsoe. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes 1 from the Regular Meeting held on April 27, 2021. He asked if there were any corrections, deletions, or amendments. Councilmember Garcia moved to approve the minutes as submitted. The motion was seconded by Councilmember Blood. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT ’S AMENDED HOME RULE PLAN APPROVED APRIL 14, 2021, TO PROVIDE RELIEF FROM THE PROVISIONS OF WEST VIRGINIA CODE §8-13-5 WHICH LIMIT THE CITY OF FAIRMONT ’S AUTHORITY TO OFFER TAX CREDITS FROM ITS BUSINESS AND OCCUPATION TAX TO BUSINESS EXPANSION CREDITS AND TO PROVIDE AUTHORITY FOR A TAX CREDIT FROM THE BUSINESS AND OCCUPATION TAX IMPOSED BY THE PROVISIONS OF SECTION 761.07 CONTRACTING OF THE CITY OF FAIRMONT ’S BUSINESS AND OCCUPATION TAX CODE FOR CERTAIN RESIDENTIAL DEVELOPMENT Pursuant to a notice duly published in the Times-West Virginian on April 30, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for a B&O Tax Credit for residential development as was approved by the WV Home Rule Board on April 14, 2021. The Mayor asked if anyone present desired to speak to the proposed ordinance. City Attorney Kevin Sansalone spoke in favor of the proposed ordinance. He said that in the body of the ordinance is a chart that provides the number of units that have to be constructed which corresponds the length of time which the credit is to be given. Then the percentages of the credit are set by the number of units and the number of years. He went on to say that the minimum number of units that can be constructed that can provide you with 100% credit for one year is 10. The units have to be completed within that year and their completion is determined by the issuance of a certificate of occupancy by the Building Inspector. The credit can last up to 10 years if the contractor or developer constructs 100 units. He then said that hopefully it will bring in some new housing stock into the city and provide for increased population. City Manager Valerie Means asked Council to support the ordinance. There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: 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- 2 INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS ’ COMPENSATION ACT FOR FISCAL YEAR 2021-2022 Pursuant to a notice duly published in the Times-West Virginian on April 30, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance authorizing the renewal of the Workers Comp Letter of Credit with WesBanco Bank. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Sansalone also spoke in favor of this ordinance. He said that self-insured practices of the City have resolved in an average annual surplus for many, many years. He noted that the City of Fairmont has a self-insured trust fund in place for any workers comp claims. There being no one else to speak, the public hearing was called to a close at 7: 12 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: BLK S LS 19 20 SHADYSIDE MAP 03-30 PARCEL 216 FAIRMONT CITY DISTRICT, MARION COUNTY, WV SPRING STREET EXTENSION; AND LT ALBERT COURT MAP 03-02 PARCEL 0008 FAIRMONT CITY DISTRICT, MARION COUNTY, WV 215 ALBERT COURT FROM THE WEST VIRGINIA STATE AUDITOR AND RICHARD MCCOY, RESPECTIVELY, TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE POSSIBILITY OF THE CONVEYANCE AND TRANSFER OF SAID PARCELS OF REAL ESTATE FROM THE CITY OF FAIRMONT TO UNIDENTIFIED PROPERTY OWNERS 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 Pursuant to a notice duly published in the Times-West Virginian on April 30, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the conveyance of 215 Albert and property on Springe Street Extension (Shadyside) to the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. 3 The City Attorney said that this ordinance authorizes the transfer of two parcels of real estate to the City. One parcel was located on Spence Street Extension and the other was located at 215 Albert Court. Both properties have dilapidated and abandoned structures on them. He said neither one of the properties are in any condition to be saved, particularly the one on Shadyside. He noted that it is partially collapsed. He said the house was sold at a tax sale to the State. Nobody bid on the property so the City bid on it at a minimum bid and was awarded the property through the State Auditor’s Office. There being no one else to speak, the public hearing was called to a close at 7:13 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT REPEALING ARTICLE 769 LICENSING OF CONTRACTORS OF CHAPTER THREE TAXATION AND SERVICE CHARGES OF PART SEVEN BUSINESS AND TAXATION CODE OF THE CITY OF FAIRMONT AND ENACTING SECTION 743.21 FEES FOR CONTRACTORS OF SAID CHAPTER SEVEN, ARTICLE THREE TO BE EFFECTIVE JULY 1, 2021 Pursuant to a notice duly published in the Times-West Virginian on April 30, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance repealing Article 769, Licensing of Contractors, of the City Code and Enacting Section 743.21 for Contractors. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Sansalone spoke in favor of this ordinance. He said this ordinance is dealing with the elimination of municipalities ability to regulate contractors except to require them to pay a fee which is equivalent of a business license fee. He said our current ordinance permits the City to revoke contractor’s licenses if they commit fraud and there are other situations. He mentioned that it is more of a regulatory ordinance versus just a revenue raising measure. Based on the fact it was regulatory, not just revenue raising, in consultation with the Municipal League, that it would violate the new statutory provision. The ordinance moves the fee to the revenue raising section of the business license fee so it’s only a revenue raising measure without being regulatory which is consistent with current legislation and case law that’s been decided by the WV Supreme Court of Appeals. The Mayor said that it seemed like the State took out the protection that the citizens had because the City can no longer revoke the contractor’s license for someone who commits fraud. Mr. Sansalone said that the State had the protection and the City had the protection so they did eliminate it from municipalities having the authority to regulate them. The Mayor then mentioned that the State would have to revoke their license instead of the City. 4 Mr. Sansalone said yes, that was correct. There being no one else to speak, the public hearing was called to a close at 7:19 p.m. ANNOUNCEMENTS IN RE: HOME TOWN MARKET Councilmember Blood reported that the Home Town Market will be held on Saturday, May 15th at 10:00 a.m. in downtown Fairmont. She said that there is going to be a car show, vendors, and music. She encouraged everyone to attend. IN RE: TOUR OF WOODLAWN CEMETERY Councilmember Bledsoe mentioned that several Councilmembers took a tour of Woodlawn Cemetery and he thought it was very educational. He said he really enjoyed what he heard and what he learned. He said that Nancy Bickerstaff and her board and the people working with her did a really good job of upkeep and bringing it back to life, particularly the old superintendent’s house. Mayor Mainella complimented Nancy Bickerstaff and her people at Woodlawn Cemetery. He noted that she and the other volunteers have done a wonderful job in getting that cemetery and especially the house back in shape. He added that they are taking donations toward the upkeep of the cemetery. IN RE: CITY ATTORNEY COMMENDED Councilmember Bledsoe commended the City Attorney for speaking at the public hearings and giving an awesome explanation of the proposed ordinances. IN RE: CODE ENFORCEMENT COMMENDED Councilmember Garcia commended the Code Enforcement Department for taking care of some eyesores on Fairmont Avenue. He noted that the grass at several businesses on Fairmont Avenue was extremely high and the Code Officers got the grass taken care of. IN RE: SHOUT OUT TO COUNCILMEMBERS Councilmember Deasy gave a shout out to the Councilmembers. She said that Council was invited to tour Woodlawn Cemetery and also invited to the Legislative Wrap-Up and it was nice to be represented there as well. She said that this Council certainly made a presence this last week. IN RE: CODE ENFORCEMENT Councilmember Deasy said that she thought the word was out that this Council is 5 dedicated to Code Enforcement and to improving housing in Fairmont. She said that she cannot tell you how many phone calls each and every one of us are getting about concerns of bad buildings, places that need demolished, and Code Enforcement. She said that each time something is reported, they are getting quick responses. She thought the word was out about one of the goals of this Council. IN RE: FISHING POND Councilmember Rice gave an update on the youth fishing pond. He said that the youngsters have caught the last stocking of the trout and as of last week, the County Commission has stocked some warm-water fish just in time for the DAC to bring some kids out on Wednesday to have a fishing day from 1:00 p.m. to 3:00 p.m. IN RE: PALATINE PARK Councilmember Rice said that Palatine Park has some good events planned for this summer. The kick-off starts on May 22nd with the East Fairmont Busy Bee Band and Honeybees kicking it off. IN RE: DEPLOYED TO MIDDLE EAST Councilmember Kennedy reported that 486 Tactical Group has been deployed to the Middle East. He noted that many of those members are from our community and they have been put on high alert. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER ’S REPORT IN RE: THINGS GOING ON The City Manager said that it is good to hear all of the comments about the wonderful things going on. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ENACTED PURSUANT TO THE PROVISIONS OF WEST VIRGINIA CODE §8-1-5A MUNICIPAL HOME RULE PILOT PROGRAM, AND THE CITY OF FAIRMONT ’S AMENDED HOME RULE PLAN APPROVED APRIL 14, 2021, TO PROVIDE RELIEF FROM THE PROVISIONS OF WEST VIRGINIA CODE §8-13-5 WHICH LIMIT THE CITY OF FAIRMONT ’S AUTHORITY TO OFFER TAX CREDITS FROM ITS BUSINESS AND OCCUPATION TAX TO BUSINESS EXPANSION CREDITS AND TO PROVIDE AUTHORITY FOR A TAX CREDIT FROM THE BUSINESS AND OCCUPATION TAX IMPOSED BY THE PROVISIONS OF 6 SECTION 761.07 CONTRACTING OF THE CITY OF FAIRMONT ’S BUSINESS AND OCCUPATION TAX CODE FOR CERTAIN RESIDENTIAL DEVELOPMENT Mayor Mainella entertained a motion for the adoption of an ordinance providing for B&O Tax Credits for residential development as approved by the WV Home Rule Board on April 14, 2021. Motion: Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Kennedy 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. 1889 was duly adopted. IN RE: ADOPTION, 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 FOR FISCAL YEAR 2021-2022 Mayor Mainella entertained a motion for the adoption of an ordinance providing authorizing the renewal of the Workers Comp Letter of Credit issued by WesBanco Bank. Motion: Councilmember Rice 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 unanimous vote of Council and the ordinance designated as Ordinance No. 1890 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: BLK S LS 19 20 SHADYSIDE MAP 03-30 PARCEL 216 FAIRMONT CITY DISTRICT, MARION COUNTY, WV 7  SPRING STREET EXTENSION; AND LT ALBERT COURT MAP 03-02 PARCEL 0008 FAIRMONT CITY DISTRICT, MARION COUNTY, WV 215 ALBERT COURT FROM THE WEST VIRGINIA STATE AUDITOR AND RICHARD MCCOY, RESPECTIVELY, TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE POSSIBILITY OF THE CONVEYANCE AND TRANSFER OF SAID PARCELS OF REAL ESTATE FROM THE CITY OF FAIRMONT TO UNIDENTIFIED PROPERTY OWNERS 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 Mayor Mainella entertained a motion for the adoption of an ordinance conveying 215 Albert Court and property on Spring Street Extension (Shadyside) to the City of Fairmont. Motion: Councilmember Deasy 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 unanimous vote of Council and the ordinance designated as Ordinance No. 1891 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT REPEALING ARTICLE 769 LICENSING OF CONTRACTORS OF CHAPTER THREE TAXATION AND SERVICE CHARGES OF PART SEVEN BUSINESS AND TAXATION CODE OF THE CITY OF FAIRMONT AND ENACTING SECTION 743.21 FEES FOR CONTRACTORS OF SAID CHAPTER SEVEN, ARTICLE THREE TO BE EFFECTIVE JULY 1, 2021 Mayor Mainella entertained a motion for the adoption of an ordinance repealing Article 769, Licensing of Contractors, of the City Code and Enacting Section 743.21 for Contractors. Motion: Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. Roll call was taken by the Clerk. 8 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1892 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.14 CITY CENTER OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE, TO PROVIDE FOR SUPPLEMENTAL REGULATIONS WITH REGARD TO PARKING IN SAID DISTRICT Mayor Mainella entertained a motion and second for the introduction of an ordinance amending the Clearzoning Code to provide for supplemental regulations with regard to parking in the City Center District. Motion: Councilmember Bledsoe moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Garcia. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 25, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5.4 PARKING THEREOF TO MODERNIZE PARKING REQUIREMENTS IN AN EFFORT TO FOSTER DEVELOPMENT AND RE-DEVELOPMENT Mayor Mainella entertained a motion and second for the introduction of an ordinance amending the Clearzoning Code to modernize parking requirements in an effort to foster development and re-development. Motion: Councilmember Blood moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Bledsoe. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 25, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND 9 SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5.5 LANDSCAPING AND SECTION 5.8 FENCES AND VEGETATIVE SCREENING THEREOF TO CLARIFY CERTAIN BUFFER YARDS, FENCES, VEGETATIVE SCREENS AND RELATED STRUCTURES AND ELEMENTS Mayor Mainella entertained a motion and second for the introduction of an ordinance amending the Clearzoning Code to clarify certain buffer yards, fences, vegetative screens and related structures. Motion: Councilmember Rice moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Deasy. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 25, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 8.0 ADMINISTRATION, APPEALS AND ENFORCEMENT OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 8.9 BOARD OF ZONING APPEALS TO CLARIFY THE EXPIRATION DATE OF CONDITIONAL USES AND VARIANCES APPROVED BY THE BOARD Mayor Mainella entertained a motion and second for the introduction of an ordinance amending the Clearzoning Code to clarify the expiration date of conditional uses and variances approved by the Board of Zoning Appeals. Motion: Councilmember Blood moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Bledsoe. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 25, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING THOSE CERTAIN ORDINANCES CODIFIED AS PART NINE STREETS, UTILITIES, AND PUBLIC SERVICES CODE, CHAPTER THREE UTILITIES, ARTICLE 923 SEWER DISCHARGE CONTROL OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 923.02 GENERAL SEWER USE REQUIREMENTS, 10 SUBSECTION (C) LOCAL LIMITS THEREOF, TO PROVIDE FOR AND ACCOMMODATE CERTAIN MODIFICATIONS TO THE “LOCAL LIMITS ” SET FORTH IN THE CITY OF FAIRMONT ’S WV/NPDES WATER POLLUTION CONTROL PERMIT NO. WV0023353, WHICH MODIFICATIONS WERE ORDERED BY THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF WATER AND WASTE MANAGEMENT PERMITTING SECTION Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 923 of the City Code regarding Sewer Discharge Control in order to accommodate modifications ordered by the WV DEP. Motion: Councilmember Rice moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Bolyard. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for May 25, 2021. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT REVISING ITS POLICY REGARDING DEMOLITION OF DILAPIDATED STRUCTURES AND THE REMOVAL OF SLUM, BLIGHT AND ABANDONED AND DILAPIDATED STRUCTURES Mayor Mainella entertained a motion for the adoption of a resolution regarding demolition of dilapidated structures. Motion: Councilmember Garcia 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 Council. IN RE: ONE APPOINTMENT, FAIRMONT-MORGANTOWN HOUSING AUTHORITY, FIVE-YEAR TERM TO END JUNE 30, 2026 Mayor Mainella entertained a motion for one appointment to the Fairmont-Morgantown Housing Authority. Motion: 11 Mayor Mainella moved to appoint Jay Rogers to the Fairmont-Morgantown Housing Authority for a five-year term ending June 30, 2026. The motion was seconded by Councilmember Deasy. Roll call was taken by the Clerk. The Mayor declared Jay Rogers appointed to the Fairmont-Morgantown Housing Authority for a five-year term ending June 30, 2026 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Bledsoe moved to adjourn the meeting. The motion was seconded by Councilmember Blood. The Mayor declared the meeting adjourned by voice vote of Council at 7:50 p.m. 12