City Council

July 27, 2021 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th of July, 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 Fifth District Barry H. Bledsoe Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Absent: Fourth District Richard (Rick) Garcia Sixth District Gia Deasy Seventh District Blair Montgomery Also present were: City Manager Valerie A. Means City Attorney Kevin Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons Director of Planning Shae Strait IN RE: EXCUSE COUNCILMEMBERS GARCIA, DEASY AND MONTGOMERY The Mayor moved to excuse Councilmembers Garcia, Deasy and Montgomery from this meeting. The motion was seconded by Councilmember Rice. The Mayor declared Councilmembers Garcia, Deasy and Montgomery excused from this meeting by voice vote of Council. IN RE: OPENING CEREMONIES Rev. Wesley Dobbs gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Rice. 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 July 13, 2021. He asked if there were any corrections, deletions, or amendments. Councilmember Rice 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 PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2021-2022 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on July 16, 2021, 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. The City Manager spoke in favor of the proposed ordinance. She asked Council to support this ordinance. She explained this is a regular part of our budget process and also required by the State to amend the General Fund at the beginning of the fiscal year. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE REZONING OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING LOCATED AT THE CORNER OF HAYMOND STREET AND CLAY STREET AND BEING PARCELS 44, 45, 46, 46.1, 58, 59, & 60 OF MARION COUNTY TAX MAP 05-08, SAID REAL ESTATE BEING REZONED FROM “GENERAL RESIDENTIAL ” TO “NEIGHBORHOOD MIXED USE” AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on July 16, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the rezoning of certain parcels located at the corner of Haymond Street and Clay Street from “General Residential” to “Neighborhood Mixed Use”. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, spoke in favor of the proposed ordinance. He said Mike Bonasso was listed as the applicant to rezone parcels owned by him and a couple other residents of the City at the corner of Haymond and Wood Streets. He said this used to be a furniture store years ago and currently there is a hair salon in this commercial building. He said in order for Mr. Bonasso to place commercial uses into his 2 commercial building, this is part of the remnants of the former neighborhood that was there and the Gateway Connector since divided things up, this was a corner store location with now a hair salon there. He wanted to pursue to put other commercial entities there or just renting out the apartments. He said that in the best interest to promote for the reuse of existing structures, the Planning Commission voted that the property owner qualified for a rezoning. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. ANNOUNCEMENTS IN RE: HOME TOWN MARKET Councilmember Blood reported that Main Street Fairmont will be hosting another Home Town Market on Saturday, August 7th. She mentioned at this event they will be having dancing on Monroe Street with several bands playing. IN RE: BUILDING BRIDGES OF RESPECT Councilmember Blood announced that this weekend she attended “Building Bridges of Respect” and it went really well. She said that it was nice to see the people who gathered and it was an enjoyable event. IN RE: WILL GRAHAM CRUSADE Councilmember Bledsoe said that he attended two of the three nights at the Will Graham Crusade at FSU. He said that it was a good weekend with a lot of good decisions made. He was impressed and proud that Fairmont was able to host that event. IN RE: TRUCK TRAFFIC Councilmember Kennedy stated that he would like a study done regarding the truck traffic on the Connector. He said that the Connector is being destroyed by heavy traffic and he would like an ordinance proposed to reduce the load limit to 30 tons. He mentioned that Morgantown addressed their heavy traffic situation a few years back and it worked out good for them. IN RE: PALATINE PARK Councilmember Bolyard stated that she has been able to enjoy the events at Palatine Park the last few weekends. She said that it’s a good time, rain or shine. IN RE: BACKPACKS DONATED Councilmember Rice thanked local hip-hop artist TK Blockstar who got together with Kris Cinalli and got the donation of 1,000 backpacks for area students. 3  CITIZENS PETITIONS IN RE: DRAINAGE ISSUE ANTHONY ROMINO , 803 Benoni Avenue, addressed Council regarding a drainage problem on Benoni Avenue. He said that he has a pavement issue in the alley and his driveway is unusable when it rains. He said the alley is between Benoni Avenue and Coleman Avenue. He said that he was looking for assistance from the City. The City Manager said that she will refer the complaint to Public Works. CITY MANAGER ’S REPORT Ms. Means reported the following items:  The City received the American Rescue Plan Funding of $4.057 million. She said that she will be scheduling a public work session for staff and Council to review and prioritize projects.  She attended the Norwood Park Community Meeting held on July 20th. She said they gained some insight into what some of other community members are interested in.  The Planning Office put in an application for the $1.4 million for the AML grant for the rail trails.  She and several Councilmembers will be attending the WV Municipal League Conference next week in Wheeling.  The Code Enforcement Department is continuing to put together the next list of demolition. Currently, there are 17 structures on this list. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2021-2022 ANNUAL BUDGET: GENERAL FUND Mayor Mainella entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Blood 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 those Councilmembers present and the ordinance designated as Ordinance No. 1903 was duly adopted. 4 IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE REZONING OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING LOCATED AT THE CORNER OF HAYMOND STREET AND CLAY STREET AND BEING PARCELS 44, 45, 46, 46.1, 58, 59, & 60 OF MARION COUNTY TAX MAP 05-08, SAID REAL ESTATE BEING REZONED FROM “GENERAL RESIDENTIAL ” TO “NEIGHBORHOOD MIXED USE” AND PROVIDING FOR AN AMENDMENT TO THE ZONING MAP OF THE CITY OF FAIRMONT Mayor Mainella entertained a motion for the adoption of an ordinance providing for the rezoning of certain parcels located at the corner of Haymond Street and Clay Street from “General Residential” to “Neighborhood Mixed Use”. 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 unanimous vote of those Councilmembers present and the ordinance designated as Ordinance No. 1904 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Mayor Mainella entertained a motion and second for the introduction of an ordinance approving and adopting replacement pages to the City Code. Motion: Councilmember Blood 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 August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE TO EXPAND THE INTENT OF THE SECTION; AMEND, SUPPLEMENT AND ADD 5 ADDITIONAL DEFINITIONS; PROVIDE FOR AND ADD A MEASUREMENT SECTION; AND RENAME THE ARTICLE DEFINITIONS AND MEASUREMENTS Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 2.0 Definitions of the Clearzoning Code. Motion: Councilmember Bledsoe moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Blood. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE TO REFORM AND RE-ESTABLISH THE ZONING DISTRICTS, ELIMINATE THE PERMITTED USES, CONDITIONAL USES, PERMITTED WITH CONDITION USES, AND EXCLUSIONS FROM EVERY ZONING DISTRICT AND PLACING ALL USE RESTRICTION AND PERMISSIONS INTO A SINGLE PERMITTED USE CHART AT THE BEGINNING OF THE ARTICLE; REFORMATTING AND AMENDED THE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS, CREATING SEPARATE REGULATIONS BASED UPON USE TYPE SUCH AS SINGLE FAMILY, DUPLEX, TOWNHOUSES, MULTI-FAMILY DWELLINGS, CIVIC USES, AND COMMERCIAL USES, AND CREATING A SUPPLEMENTAL REGULATIONS SECTION WITHIN THE APPLICABLE ZONING DISTRICTS Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 3.0 Zoning Districts of the Clearzoning Code. 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 August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE TO ADJUST THE REGULATIONS FOR VARIOUS USES LISTED WITHIN THE 6 ARTICLE INCLUDING BARS, RELIGIOUS USES, CIVIC USES, CONVENIENCE STORES, HOME OCCUPATION, MOBILE VENDING, WIRELESS COMMUNICATIONS, EMERGENCY SHELTERS, VEHICLE REPAIR, ANIMAL CARE ESTABLISHMENTS, WIND FARMS, SELF-STORAGE FACILITIES, AND GENERAL REQUIREMENTS, AND TO ELIMINATE “USES NOT EXPRESSLY PERMITTED OR CONDITIONAL ” Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 4.0 Use Standards of the Clearzoning Code. Motion: Councilmember Rice moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Blood. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS TO CREATE AND ESTABLISH ADDITIONAL SECTIONS, NAMELY SECTION 4.38 AND SECTION 4.39 CAR WASHES AND TOWING , RESPECTIVELY, AND TO PROVIDE FOR CERTAIN REQUIREMENTS FOR BOTH USES Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 4.0 Use Standards, Namely Section 4.38 and 4.39 Car Washes and Towing, of the Clearzoning Code. Motion: Councilmember Blood 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 August 10, 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 AND MORE PARTICULARLY SECTION 5.2 ARCHITECTURAL REQUIREMENTS TO MODIFY AND ADJUST CERTAIN ARCHITECTURAL REQUIREMENTS, LOT STANDARDS, ACCESSORY BUILDING AND STRUCTURE REGULATIONS, AND ENCROACHMENTS Mayor Mainella entertained a motion and second for the introduction of an ordinance 7 amending Article 5.0 Site Standards, Section 5.2 Architectural Requirements of the Clearzoning Code. Motion: Councilmember Kennedy moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Blood. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 7.0 SUBDIVISION REGULATIONS AND MORE PARTICULARLY SECTION 7.5 DESIGN AND PLANNING STANDARDS TO ADJUST VARIOUS LOT, ACCESS, AND OFF-STREET PARKING REQUIREMENTS AND TO CLARIFY CERTAIN EXISTING PROVISIONS Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 7.0 Subdivision Regulations, Section 7.5 Design and Planning Standards of the Clearzoning Code. Motion: Councilmember Bledsoe moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Blood. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS AND MORE PARTICULARLY, SECTION 4.25 MULTI FAMILY RESIDENCES; TOWNHOUSES AND DUPLEXES OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE TO ELIMINATE THE ADDITIONAL REGULATIONS PERTAINING TO MULTI FAMILY RESIDENCES; TOWNHOUSES AND DUPLEXES AND TO PROVIDE FOR, DEFINE AND REGULATE ACCESSORY DWELLING UNIT Mayor Mainella entertained a motion and second for the introduction of an ordinance amending Article 4.0 Use Standards, Section 4.25 Multi-Family Residences, Townhouses and Duplexes of the Clearzoning Code. Motion: 8 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 August 10, 2021. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING AUTHORITY FOR AND EMPOWERING THE CITY OF FAIRMONT TO REESTABLISH AN ASSOCIATION WITH THE MARION REGIONAL DEVELOPMENT CORPORATION; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT DATED JULY 27, 2021, BY AND BETWEEN THE CITY OF FAIRMONT AND SAID MARION REGIONAL DEVELOPMENT CORPORATION; AND PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Mayor Mainella entertained a motion and second for the introduction of an ordinance to re-establish an association with the Marion Regional Development Corporation and approving the terms and conditions of that certain agreement between the City of Fairmont and Marion Regional Development Corporation. Motion: Councilmember Kennedy 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 August 10, 2021. IN RE: SUPPLEMENTAL RESOLUTION APPROVING CERTAIN TERMS OF THE RENEWAL OF THAT CERTAIN LETTER OF CREDIT, NO 2001-525 TO BE ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT AUTHORIZED BY ORDINANCE NO. 1890, DULY ADOPTED MAY 11, 2021, AND MORE PARTICULARLY ESTABLISHING THE AMOUNT OF SAID LETTER OF CREDIT UPON RENEWAL UPON ITS MATURITY ON JUNE 30, 2021 AT $250,000.00 Mayor Mainella entertained a motion for the adoption of a supplemental resolution approving the terms of the Workers Comp Letter of Credit with Wesbanco Bank. Motion: Councilmember Rice moved for the adoption of the proposed resolution. Councilmember Bolyard seconded the motion. 9 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. IN RE: ADOPTION , A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING A LETTER IN SUPPORT OF THE DISABILITY ACTION CENTER ’S EFFORTS TO FUND THE RELOCATION OF THE CENTER Mayor Mainella entertained a motion for the adoption of a resolution authorizing a letter in support of the Disability Action Center’s efforts to fund the relocation of the Center. Motion: Councilmember Blood moved for the adoption of the proposed resolution. 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. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT IN SUPPORT OF MONONGAHELA VALLEY ASSOCIATION OF HEALTH CENTERS, INC’S EFFORTS TO RECEIVE FEDERAL GRANT FUNDING TO PROVIDE UNCOMPENSATED PRIMARY HEALTH CARE TO THE RESIDENTS OF NORTH CENTRAL WEST VIRGINIA, INCLUDING THE RESIDENTS OF THE CITY OF FAIRMONT AND MARION COUNTY, WEST VIRGINIA; AUTHORIZING A LETTER OF SUPPORT Mayor Mainella entertained a motion for the adoption of a resolution in support of MVA’s efforts to receive grant funding. Motion: Councilmember Bledsoe moved for the adoption of the proposed resolution. Councilmember Rice seconded the motion. The Clerk read the proposed resolution by synopsis. Roll call was taken by the Clerk. 10 The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Rice moved to adjourn the meeting. The motion was seconded by Councilmember Blood. The Mayor declared the meeting adjourned by voice vote of Council at 7:45 p.m. 11