City Council

November 9 , 2022 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of November, 2022, 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 Seventh District Nicholas (Nicky) Cinalli Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Absent: Fifth District Barry H. Bledsoe Sixth District Gia Deasy Also present were: City Manager Valerie A. Means City Attorney Kevin V. Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons Police Chief Steven Shine Director of Marketing Hanna Turner Director of Planning Shae Strait Councilmember-Elect Bruce McDaniel Councilmember-Elect Rebecca Moran IN RE: COUNCILMEMBER BLEDSOE AND DEASY EXCUSED Mayor Mainella noted that Councilmember Bledsoe was out fighting a fire and Councilmember Deasy was out of town and both asked to be excused. Motion: Councilmember Rice moved to excuse Councilmembers Bledsoe and Deasy from tonight’s meeting. The motion was seconded by Councilmember Garcia. The Mayor declared Councilmembers Bledsoe and Deasy excused from this meeting by 1 voice vote of Council. IN RE: OPENING CEREMONIES Bishop Galen Hansen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on October 25, 2022. 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 Bolyard. 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, LOCAL NO. 1-02, AND THE CITY OF FAIRMONT TO BE EFFECTIVE DECEMBER 12, 2022, AND ENDING DECEMBER 12, 2025, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on October 28, 2022, a public hearing was convened to obtain citizen input on an ordinance approving the terms and conditions of the Collective Bargaining Agreement between the United Steelworkers and the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager asked Council to approve this ordinance. She said that it was introduced at the last meeting and we had very good several meetings of negotiations and she thought we had a good sound contract here going forward. There being no one else to speak, the public hearing was called to a close at 7: 05 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1936 DULY ADOPTED APRIL 12, 2022, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT ’S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES 2 FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR INCREASES IN SHIFT DIFFERENTIAL AND CERTIFICATION PAY FOR CERTAIN POSITIONS COVERED BY THE STEELWORKERS ’ PAY PLAN AND AN INCREASE IN THE MONETARY INCENTIVE FOR NEWLY HIRED PROBATIONARY POLICE OFFICERS WITH A VALID WEST VIRGINIA LAW ENFORCEMENT CERTIFICATION UNDER THE FOP PAY PLAN Pursuant to a notice duly published in the Times-West Virginian on October 28, 2022, a public hearing was convened to obtain citizen input on an ordinance amending the current Pay Plan to provide for increases in shift differential and certification pay for certain positions covered by the United Steelworkers Pay Plan and to provide for an increase in the monetary incentive for newly hired probationary Police Officers with a valid WV Law Enforcement Certification. The Mayor asked if anyone present desired to speak to the proposed ordinance. POLICE CHIEF STEVE SHINE spoke in favor of the proposed ordinance. He said that the FOP portion of the ordinance is just to be comparable to what other cities are giving for a one-time incentive for certification pay. He said that it costs the City roughly $18,000 to get an officer through the academy that is not certified extra that would take a certified officer. He explained that they do not have to go to the police academy for 16 weeks, we can cut their field training officer program down from 16 weeks to 12 weeks and on top of that you are gaining experience. He noted that it was a cost savings for the City. Ms. Means also spoke in favor of the ordinance. She asked Council to support this ordinance besides that portion for the FOP members, this also includes any of the negotiated items for the USW regarding their certification. She mentioned that this ordinance is not a modification to base wage. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. ANNOUNCEMENTS IN RE: THANKED ALL VETERANS Councilmember Rice thanked all our Veterans in honor of Friday being Veterans Day. IN RE: CELEBRATION OF LIGHTS Councilmember Bolyard reported that the Celebration of Lights kicks off later this month. She said that it will be held November 25th through December 30th. She also said that on November 17th, the Market in the Park will be held at Morris Park. IN RE: COUNCILMEMBER BLEDSOE RE-MARRIED Councilmember Garcia extended congratulations to Councilmember Bledsoe on his 3 recent marriage. CITIZENS PETITIONS IN RE: REQUEST TO AMEND FIREWORK ORDINANCE ERIC GARRETT , with Garrett Fireworks, addressed Council and asked that our current firework ordinance be amended to allow for firework demonstrations. He explained that Fairmont is their secondary distribution location and their products come in from overseas and they distribute them here in town. He said that they are wanting to invite their customers in from the eastern side of the country to Fairmont to see their products shot off one by one. He added that they shoot off consumer fireworks which is what is sold in the stores and tents around the state. He said they are planning this event for April 29, 2023 and would like to do this annually. He noted that they will be expecting about 50 people to attend this event. Ms. Means stated that currently our ordinance would not allow for this event, however, she thought there was a state process that he could follow. Mr. Sansalone said that the only problem is that the State Code regulations apply to commercial displays and not consumer fireworks. He stated that there is a difference as to the definition of commercial fireworks versus consumer. Our current ordinance says that only consumer fireworks can only be discharged during certain time and during certain holidays and when the ordinance was adopted there was no contemplation that there was an exception needed for wholesale fireworks. Mr. Garrett said that during a demonstration, they will just shoot one at a time and we let them take their notes and is pretty business focused and is not a big party or show. He said that people will be coming in from West Virginia, Pennsylvania, Ohio, the Carolina’s and possibly Maine and Florida. He said that there will be companies that will be selling to the public. Mr. Sansalone said that our current ordinance says that no consumer fireworks can be discharged unless it is like the 4th of July or New Year’s Eve but it has specific dates and times. He also said that if he is a company that sells to other company’s wholesale, Council could amend the ordinance to provide for an exception for companies who provide consumer fireworks to other companies for resale. Councilmember Cinalli suggested that Council do this. Mr. Garrett said their location is at 1620 Speedway which is the location of where the fireworks will be shot off and he is hoping to make it an annual event. The City Manager noted that it will be a simple amendment to our ordinance. CITY MANAGER ’S REPORT 4 The City Manager had nothing to report at this meeting. 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 THAT CERTAIN COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKERS INTERNATIONAL UNION, LOCAL NO. 1-02, AND THE CITY OF FAIRMONT TO BE EFFECTIVE DECEMBER 12, 2022, AND ENDING DECEMBER 12, 2025, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT. Mayor Mainella entertained a motion for the adoption of an ordinance approving the terms and conditions of the Collective Bargaining Agreement between the United Steelworkers and the City of Fairmont. Motion: Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Bolyard 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. 1970 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1936 DULY ADOPTED APRIL 12, 2022, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT ’S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR INCREASES IN SHIFT DIFFERENTIAL AND CERTIFICATION PAY FOR CERTAIN POSITIONS COVERED BY THE STEELWORKERS ’ PAY PLAN AND AN INCREASE IN THE MONETARY INCENTIVE FOR NEWLY HIRED PROBATIONARY POLICE OFFICERS WITH A VALID WEST VIRGINIA LAW ENFORCEMENT CERTIFICATION UNDER THE FOP PAY PLAN. Mayor Mainella entertained a motion for the adoption of an ordinance amending the current Pay Plan to provide for increases in shift differential and certification pay for certain positions covered by the United Steelworkers Pay Plan and to provide for an increase in the monetary incentive for newly hired probationary Police Officers with a valid WV Law Enforcement Certification. Motion: 5 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. 1971 was duly adopted. IN RE: INTRODUCTION, FIRST READING SET PUBLIC HEARING, AN ORDINANCE AMENDING AND SUPPLEMENTING PART ONE ADMINISTRATIVE CODE, CHAPTER SEVEN BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 157 PLANNING COMMISSION OF THE FAIRMONT CITY CODE, TO AMEND AND SUPPLEMENT SECTION 157.07 MEETINGS; QUORUM THEREOF; AND TO PROVIDE FOR UPDATED REFERENCES TO THE WEST VIRGINIA CODE Mayor Mainella entertained a motion for the introduction of an ordinance amending the Administrative Code, Article 157, to provide for updated references to the WV Code. Motion: Councilmember Kennedy moved for the introduction of the proposed ordinance. Councilmember Rice seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for November 22, 2022. IN RE: INTRODUCTION, FIRST READING SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTING THE CITY OF FAIRMONT PLANNING COMMISSION RULES OF ORDER AND PROCEDURE APPROVED AND AMENDED BY SAID PLANNING COMMISSION ON SEPTEMBER 21, 2022 Mayor Mainella entertained a motion for the introduction of an ordinance adopting the City of Fairmont Planning Commission Rules of Order and Procedure as approved and amended by the Planning Commission on September 21, 2022. Motion: Councilmember Rice moved for the introduction of the proposed ordinance. Councilmember Blood seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for November 22, 2022. 6 IN RE: ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2022-2023 ANNUAL BUDGET: GENERAL FUND Mayor Mainella entertained a motion for the adoption of a resolution providing for an amendment to the City of Fairmont’s General Fund Budget. Motion: Councilmember Rice 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. 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 Cinalli 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: CONFIRMATION, CITY STAFF APPOINTMENT, FAIRMONT PLANNING COMMISSION, INDEFINITE TERM 7 Mayor Mainella entertained a motion for the confirmation of one city staff appointment to the Fairmont Planning Commission for an indefinite term. Mayor Mainella moved to appoint Jarred Drennen to the Fairmont Planning Commission as the city staff representative for an indefinite term. The motion was seconded by Councilmember Bolyard. Roll call was taken by the Clerk. The Mayor declared Jarred Drennen appointed to the Fairmont Planning Commission as the city staff representative for an indefinite term by unanimous vote of those Councilmembers present. IN RE: ONE APPOINTMENT, FAIRMONT PARKING AUTHORITY, THREE- YEAR TERM TO END SEPTEMBER 30, 2025. Mayor Mainella entertained a motion for one appointment to the Fairmont Parking Authority for a three-year term ending September 30, 2025. Mayor Mainella moved to appoint Cody Offen to the Fairmont Parking Authority for a three-year term ending September 30, 2025. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk. The Mayor declared Cody Offen appointed to the Fairmont Parking Authority for a three- year term ending September 30, 2025 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 7:25 p.m. 8