City Council

November 23, 2021 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 23rd day of November, 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 Fourth District Richard (Rick) Garcia Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Absent: Fifth District Barry H. Bledsoe Also present were: City Manager Valerie A. Means City Clerk Janet L. Keller City Attorney Kevin Sansalone Director of Planning Shae Strait IN RE: COUNCILMEMBER BLEDSOE EXCUSED The Mayor stated that Councilmember Bledsoe was absent due to fighting a house fire in Pleasant Valley. He then made a motion to excuse Councilmember Bledsoe from this meeting. The motion was seconded by Councilmember Garcia. The Mayor declared Councilmember Bledsoe excused by voice vote of Council. IN RE: OPENING CEREMONIES Rev. Leo Riley gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Kennedy. IN RE: PROCLAMATION – 80 th ANNIVERSARY OF PEARL HARBOR ATTACK Mayor Mainella read a proclamation honoring the observance of the 80th anniversary of 1 the attack on Pearl Harbor. He presented the proclamation to Retired Sgt. David Tucker. Mr. Tucker thanked the Mayor and Council for the proclamation and said a few words about World War II Veterans. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on November 9, 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 OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BY AND BETWEEN ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, D/B/A REPUBLIC SERVICES OF NORTH AMERICA, LLC, D/B/A REPUBLIC SERVICES OF WEST VIRGINIA AND THE CITY OF FAIRMONT DATED THE ______ DAY OF ___________ 2021, WHICH AGREEMENT PROVIDES FOR THE REMOVAL, COLLECTION, AND DISPOSAL OF SOLID WASTE AND RECYCLING OF CERTAIN WASTE MATERIALS, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Pursuant to a notice duly published in the Times-West Virginian on October 29, 2021 and again on November 5, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance approving the terms of the agreement between Republic Services of WV and the City of Fairmont for the Solid Waste Agreement. The Mayor asked if anyone present desired to speak to the proposed ordinance. Ms. Means spoke in favor of the proposed ordinance and asked Council to support the ordinance. It will allow us to continue on with our contract for solid waste removal and disposal of recycling materials. 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 FOR THE CITY OF FAIRMONT PROVIDING FOR THE REZONING OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING LOCATED ON LOCUST AVENUE AND BEING 2 PARCELS 18 AND 19 OF MARION COUNTY TAX MAP 03-17, SAID REAL ESTATE BEING REZONED FROM “EDUCATIONAL ” TO “MAIN CORRIDOR COMMERCIAL ” 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 November 12, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the rezoning of parcels on Locust Avenue from Educational to Main Corridor Commercial. 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 that the Planning Commission, on October 20, 2021, heard this petition and found the request in line with the Comprehensive Plan and moved it to Council with a favorable recommendation. PHILLIP FREEMAN , with Thrasher Group, also spoke in favor of the proposed ordinance. He said that Thrasher is helping MVA with some planning and improvements to their facility. He said the MVA Clinic has been a community partner for over 60 years as a fixture on Locust Avenue throughout that time. He said the amendment proposes to help facilitate that continued community partnership in providing medical care in the community and making that happen easier in the future. He said parcels 18 and 19 are the parking lot immediately adjacent to the clinic building and that has been a parking lot for the building for 60 years and the other parcels are on Hillside Drive behind the Clinic. He explained that they have been owned by the Clinic for several decades and have been primarily used for staff parking during that time. He added that parcels 48 and 49 are small residents owned by the Clinic as well and the remaining Corridor Commercial change would help the Clinic be able to maintain the services that they deliver and maintain the parking lots for the future because in Residential or Education, it is difficult to make any improvements that might need to be made to those parcels. There being no one else to speak, the public hearing was called to a close at 7:14 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, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING LOCATED ON HILLSIDE DRIVE AND BEING PARCELS 42, 43, 44, 45, 46, 47, 48, AND 49 OF MARION COUNTY TAX MAP 03- 17, SAID REAL ESTATE BEING REZONED FROM “GENERAL RESIDENTIAL ” TO “MAIN CORRIDOR COMMERCIAL ” 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 November 12, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the rezoning of parcels on Hillside Drive from General Residential to Main Corridor 3 Commercial. The Mayor asked if anyone present desired to speak to the proposed ordinance. No one spoke to the proposed ordinance. There being no one else to speak, the public hearing was called to a close at 7:15 p.m. ANNOUNCEMENTS IN RE: CITY MANAGER THANKED Councilmember Cinalli thanked the City Manager and crew for the few issues he sent to her from his neighbors. IN RE: MARKET IN THE PARK Councilmember Deasy gave cheers to the Market in the Park. She said it was a big success and was a fun night for everyone. Councilmember Bolyard noted that it was a privilege to work at the Market in the Park and she had an amazing time. There were over 1,000 people that attended the Market. IN RE: CHILDREN ’S TOY SHOP Councilmember Deasy stated that this week coming up is the Children’s Toy Shop. She noted that they are looking at serving over 800 kids for them to have an opportunity to have a Christmas. IN RE: CELEBRATION OF LIGHTS Councilmember Bolyard added that the Celebration of Lights starts on November 26th at 6:00 p.m. She noted that this was a great event and will bring a lot of people to our area. IN RE: MARION COUNTY COMMISSION COMMENDED Councilmember Rice thanked the Marion County Commission for the trout stocking that they have been supporting for the Marion County Youth Fishing Pond. IN RE: VETERAN ’S DAY PARADE Councilmember Rice said that the Veteran’s Day Parade was a nice event this year. IN RE: CLOCK AT VETERAN ’S PLAZA 4 Mayor Mainella noticed on Veteran’s Day when he was at the Plaza that the old clock on Veteran’s Plaza hasn’t worked for a while and has been turned into a very decorative sign that says “Veteran’s Plaza”. He said that he understood that was done by JD Signs, free of charge, and it looks really nice. IN RE: HOMER HESS RETIRING FROM CITY The Mayor announced that Homer Hess is retiring from the City of Fairmont. He noted that he was a very hard-working loyal employee and drove the mow-trim tractor for years among other duties. The Mayor wished him a wonderful retirement and thanked him for his service to the City of Fairmont. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER ’S REPORT IN RE: DEMOLITIONS STARTED The City Manager reported that the contractor has begun the demolition of the next round of structures. She noted that there were 24 structures in this group. IN RE: CITY OFFICES CLOSED FOR THANKSGIVING Ms. Means announced that the City Administrative Offices will be closed on Thursday and Friday of this week for Thanksgiving. IN RE: TRASH PICK-UP DELAYED The City Manager reported that trash pick up will be delayed one day due to the Thanksgiving holiday. IN RE: CITY OF FAIRMONT PODCAST Ms. Means shared information given to her from Hanna Turner, Marketing and Communications Project Manager. She announced that the City of Fairmont new podcast, called “The Fairmont Bridge”, will officially launch tomorrow. Those interested in learning about City operations, projects, please join our hosts, Hanna Turner and Alex Petry. She added that the plan is to air weekly and is a great way to hear from City Officials and partners in the community to talk about things that are happening. 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 5 THAT CERTAIN AGREEMENT BY AND BETWEEN ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, D/B/A REPUBLIC SERVICES OF NORTH AMERICA, LLC, D/B/A REPUBLIC SERVICES OF WEST VIRGINIA AND THE CITY OF FAIRMONT DATED THE ______ DAY OF _________ 2021, WHICH AGREEMENT PROVIDES FOR THE REMOVAL, COLLECTION, AND DISPOSAL OF SOLID WASTE AND RECYCLING OF CERTAIN WASTE MATERIALS, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Mayor Mainella entertained a motion for the adoption of an ordinance approving the terms of the agreement between Republic Services of WV and the City of Fairmont for the Solid Waste Agreement. Motion: Councilmember Kennedy 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 those Councilmembers present and the ordinance designated as Ordinance No. 1924 was duly adopted. 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, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING LOCATED ON LOCUST AVENUE AND BEING PARCELS 18 AND 19 OF MARION COUNTY TAX MAP 03-17, SAID REAL ESTATE BEING REZONED FROM “EDUCATIONAL ” TO “MAIN CORRIDOR COMMERCIAL ” 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 parcels on Locust Avenue from Educational to Main Corridor Commercial. Motion: Councilmember Garcia 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 those Councilmember present and the ordinance designated as Ordinance No. 1925 was duly adopted. 6 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, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING LOCATED ON HILLSIDE DRIVE AND BEING PARCELS 42, 43, 44, 45, 46, 47, 48, AND 49 OF MARION COUNTY TAX MAP 03-17, SAID REAL ESTATE BEING REZONED FROM “GENERAL RESIDENTIAL ” TO “MAIN CORRIDOR COMMERCIAL ” 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 parcels on Hillside Drive from General Residential to Main Corridor Commercial. Motion: Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Garcia 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. 1926 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, NAMELY: CERTIFICATION # DESCRIPTION MAP / PARCEL # 247141 LOT 33 ODELL ST 03-30 0175 247124 LT 84 HIGHLAND PLAZA 03-42 0091 247118 LT 80 HIGHLAND DR 03-42 0128 247117 LOT 86 HIGHLAND DR 03-42 0089 247114 LOT 85 HIGHLAND DR 03-42 0090 246897 BLK 6 LOT 12 CLIFF AVE 03-27 0210 246870 LT 8 & PT LT 9 OLIVER AVE 03-26 0134 246861 LT 16 ALBERT CT 03-02 0015 245991 0.26 AC GASTON SUBDIV 03-08 0139 247127 FRONT LOT 4 LOCUST AVE 03-01 0242 247126 LT 4 P M GETTINGS HOME 03-010241 246895 BLK A LS 13-14 WILLARD DR 03-35 0066 246754 BLK A LS 2-3 WILLARD TERRACE 03-350057 245698 BLK A LT 20 WILLARD DR 03-350071 7 FROM THE STATE OF WEST VIRGINIA DEPUTY COMMISSIONER OF DELINQUENT AND NON-ENTERED LANDS AS A RESULT OF THE NON- PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCELS OF REAL ESTATE FROM THE CITY OF FAIRMONT TO UNIDENTIFIED SUBSEQUENT PURCHASERS IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND RESOLUTIONS ADOPTED THEREUNDER Mayor Mainella entertained a motion and second for the introduction of an ordinance authorizing the purchase of parcels purchased at the October 2021 Tax Sale. Motion: Councilmember Kennedy 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 December 14, 2021. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD ASSESSMENT PROGRAM IN THE AMOUNT OF $500,000.00, AND IF SUCH GRANT IS AWARDED, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH Mayor Mainella entertained a motion for the adoption of a resolution authorizing the submission of a grant application to the US Environmental Protection Agency Brownfield Assessment Program in the amount of $500,000.00. 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. 8 IN RE: ONE APPOINTMENT, FAIRMONT SANITARY BOARD, UNEXPIRED TERM ENDING JANUARY 1, 2023 Mayor Mainella entertained a motion for one appointment to the Fairmont Sanitary Board for an unexpired term to end January 1, 2023. Motion: Mayor Mainella moved to appoint Jeffrey Boyles to the Fairmont Sanitary Board for an unexpired term ending January 1, 2023. The motion was seconded by Councilmember Cinalli. Roll call was taken by the Clerk. The Mayor declared Jeffrey Boyles appointed to the Fairmont Sanitary Board for an unexpired term ending January 1, 2023 by unanimous vote of those Councilmembers present. IN RE: ONE RE-APPOINTMENT, FAIRMONT-MARION COUNTY TRANSIT AUTHORITY, THREE-YEAR TERM TO END DECEMBER 31, 2024 Mayor Mainella entertained a motion for one re-appointment to the Fairmont-Marion County Transit Authority for a term ending December 31, 2024. Motion: The Mayor moved to re-appoint Carroll Hatfield to the Fairmont-Marion County Transit Authority for a term ending December 31, 2024. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk. The Mayor declared Carroll Hatfield re-appointed to the Fairmont-Marion County Transit Authority for a term ending December 31, 2024 by unanimous vote of those Councilmembers present. IN RE: ONE RE-APPOINTMENT, MARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC), THREE-YEAR TERM TO END DECEMBER 31, 2024 Mayor Mainella entertained a motion for one re-appointment to the Marion County Parks and Recreation Commission (MCPARC) for a three-year term ending December 31, 2024. Motion: 9 Mayor Mainella moved to re-appoint Josh Rice to the Marion County Parks and Recreation Commission for a three-year term ending December 31, 2024. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk. The Mayor declared Josh Rice re-appointed to the Marion County Parks and Recreation Commission for a three-year term ending December 31, 2024 by unanimous vote of those Councilmembers present. IN RE: ONE RE-APPOINTMENT, MARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC), THREE-YEAR TERM TO END DECEMBER 31, 2024 Mayor Mainella entertained a motion for one re-appointment to the Marion County Parks and Recreation Commission (MCPARC) for a three-year term ending December 31, 2024. Motion: Mayor Mainella moved to re-appoint Philip Burton to the Marion County Parks and Recreation Commission for a three-year term ending December 31, 2024. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Philip Burton re-appointed to the Marion County Parks and Recreation Commission for a three-year term ending December 31, 2024 by unanimous vote of those Councilmembers present. IN RE: ONE APPOINTMENT, FAIRMONT HUMAN RIGHTS COMMISSION, UNEXPIRED TERM ENDING NOVEMBER 15, 2023 Mayor Mainella entertained a motion for one appointment to the Fairmont Human Rights Commission for an unexpired term ending November 15, 2023. The Mayor moved to appoint Robert Martin to the Fairmont Human Rights Commission for an unexpired term ending November 15, 2023. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Robert Martin appointed to the Fairmont Human Rights Commission for an unexpired term ending November 15, 2023 by unanimous vote of those Councilmembers present. IN RE: ADJOURN TO EXECUTIVE SESSION 10 Mayor Mainella moved that Council adjourn to Executive Session as per WV Code §6- 9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A – to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal or compensation of a City Officer. The motion was seconded by Councilmember Blood. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:35 p.m. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 7:55 p.m. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA COMMENDING CITY MANAGER VALERIE A. MEANS FOR HER OUTSTANDING PERFORMANCE AND LEADERSHIP AS CITY MANAGER Mayor Mainella entertained a motion for the adoption of a resolution commending the City Manager for her outstanding performance and leadership as City Manager. Motion: Councilmember Blood moved for the adoption of the proposed resolution. Councilmember Garcia seconded the motion. The Clerk read the proposed resolution by synopsis. The Mayor then read the proposed resolution in its entirety. Roll call was taken by the Clerk. 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 Garcia. The Mayor declared the meeting adjourned by voice vote of Council at 8:01 p.m. 11