City Council

November 22, 2022 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 22nd 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. IN RE: OATH OF OFFICE – NICHOLAS “NICKY” CINALLI The City Clerk administered the Oath of Office of Councilmember to Nicholas “Nicky” Cinalli, the Councilmember duly elected at the November 8, 2022 Municipal Election to serve the unexpired term of the 7th District from the completion of the canvass on November 14, 2022 until December 31, 2022. After administering the Oath of Office, the City Clerk declared Councilmember Cinalli duly sworn in as a member of Council of the City of Fairmont and extended congratulations to him. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Karl (David) Kennedy Fourth District Richard (Rick) Garcia Fifth District Barry H. Bledsoe Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Also present were: City Manager Valerie A. Means City Attorney Kevin V. Sansalone City Clerk Janet L. Keller Director of Marketing Hanna Turner Director of Planning Shae Strait Councilmember-Elect Bruce McDaniel Councilmember-Elect Kandi Nuzum Councilmember-Elect Chuck Warner IN RE: NEWLY-ELECTED COUNCILMEMBERS INTRODUCED Mayor Mainella introduced the newly-elected Councilmembers that were in attendance: Kandi Nuzum, Bruce McDaniel, and Chuck Warner. He also introduced Chuck Warner’s wife, former Councilmember Fran Warner. 1 IN RE: OPENING CEREMONIES Rev. Leo Riley gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Cinalli. 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, 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 Kennedy. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: 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 Pursuant to a notice duly published in the Times-West Virginian on November 11, 2022, a public hearing was convened to obtain citizen input on an ordinance to amend and supplement Section 157.07 of the Administrative Code to provide for updated references to the WV Code. 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 this ordinance coincides with the next ordinance following on the agenda. He explained that this ordinance amends the required meeting dates for the Planning Commission to reflect that of State Code. He said State Code currently requires that the Planning Commission meets no less than once each quarter, however, in our City Code we have additional that they must meet in January, April, July, and September even if there are not matters to be discussed, in addition to the once a quarter, if necessary. We are proposing this amendment to adjust those to reflect State Code. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTING THE CITY OF FAIRMONT PLANNING COMMISSION RULES OF 2 ORDER AND PROCEDURE APPROVED AND AMENDED BY SAID PLANNING COMMISSION ON SEPTEMBER 21, 2022 Pursuant to a notice duly published in the Times-West Virginian on November 11, 2022, a public hearing was convened to obtain citizen input on an ordinance to adopt the City of Fairmont Planning Commission Rules of Order and Procedure approved by the Planning Commission on September 21, 2022. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, also spoke in favor of this proposed ordinance. Mr. Strait spoke in favor of this ordinance which was forwarded unanimously by the Planning Commission to Council. This will amend the rules for the Planning Commission and as such for those rules to be amended, they need to be approved by Council. He then went over each of the rule changes:  Remove the four mandatory months and have the required mandatory meeting dates reflect that as State Code.  Removes the reference to a particular day which work sessions may occur.  Expands the order of business to clarify in which parts of a public hearing that participants may be involved in and in what order those things happen.  Expands the required filing period for petitions from five (5) days to twenty-five (25) days. This is to reflect our requirements for legal notice requirements, gives staff time to prepare the legal notices, staff reports, and other studies necessary to deliver to the Planning Commission.  Adds clarifying language to the motions by amending and adding terms and replaces the previous question with contemporary phasing and call for a vote.  Adds rules concerning Ex Parte Communication. Mr. Strait said the amendments were discussed across two different Planning Commission meetings and then it was forwarded from the Planning Commission to Council. There being no one else to speak, the public hearing was called to a close at 7:09 p.m. ANNOUNCEMENTS IN RE: HAPPY THANKSGIVING All Councilmembers wished everyone a Happy Thanksgiving. IN RE: CELEBRATION OF LIGHTS Councilmember Bolyard reported that the Celebration of Lights starts November 25th and will run through December 30th and the hours are 6:00 p.m. to 10:00 p.m. IN RE: DIRECTOR OF PLANNING COMMENDED 3 Councilmember Kennedy said he wanted to personally thank Shae Strait for moving up the demo of the house at 316 Wilson Street. He said the crew was in there today taking off the asbestos shingles and he is certainly going to buy them pizza tomorrow for lunch. He said that is one crack house that is shut down and when it is leveled to the ground there will not be anything there but the field mice. He said that he thanks Shae personally and he is grateful for that. He added that those people who have lived in that mess all summer long for five months and now they will be gone. IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Deasy reported the following:  The Knights of Columbus donated over 100 coats to Marion County students.  The Marion County Christmas toy shop is going on and they are still taking donations at the Board of Education.  December 3rd, from 10:00 a.m. to 2:00 p.m., the Family Resource Network is having a Christmas Around the World Celebration and that is going to be at the Falcon Center at FSU.  The Night To Shine which is a prom event for individuals with developmental delays and intellectual disabilities is going to be going on in February. If you are interested in being a partner for the Night to Shine, get in touch with the Southridge Church.  Rotary and Fairmont Senior High School Interact Clubs started ringing bells yesterday for the Salvation Army.  Congratulations to Dr. Bolyard who just finished WV Leadership. IN RE: COUNTY FOOTBALL TEAMS Councilmember Cinalli said good luck to North Marion and congratulations to East and West on their good football season. IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Blood reported the following:  December 8th from 6:00 p.m. to 7:00 p.m. is the Lighting of the Christmas Tree that Main Street Fairmont was able to purchase. She noted that it will be in the green space on Adams Street.  December 9th and 10th will be the Feast of the Seven Fishes Festival.  Arts and Antiques will be having the Coal Miner’s Swap Meet.  She thanked the Fairmont Police Department and the Marion County Sheriff’s Department for “No Shave for the Brave Month.” She thanked all of those that participated and said that all donations go to the Marion County Child Advocacy Center. IN RE: CITY DEMOLITION PROGRAM Mayor Mainella said to continue what Councilmember Kennedy said about the house on 4 Wilson Street, this Council has been very supportive of making sure there is enough money in the budget to continue the very vibrant demolition program that Valerie, Shae, staff, and Kevin . . . The City Manager also noted Ken Fletcher and his folks too. The Mayor said it is a joint effort, Brian Stewart and Ken Fletcher, and there are things that City Councils can do and Administrators can do and things that they cannot do but one thing they can do is clean up the town. He said that we started this a few years ago and it is gaining momentum and we are tearing them down in groups of sometimes 23 or 24 at a time and the legislature helped out by streamlining the process some but, hopefully, the Council that takes over from us will see the importance of the demolition program and how it makes it a lot safer, not only for citizens but for the police department and fire department and the people that have to deal with these crack houses and meth houses, like Councilmember Kennedy said. CITIZENS PETITIONS IN RE: HUMAN RIGHTS COMMISSION AMENDMENT CYNDY STRAIGHT , 101 Shirlane Avenue and REV. LARRY BUCKLAND , 1461 Barry Street, addressed Council as members of the Human Rights Commission. They discussed the proposed amendment to the Human Rights Commission ordinance. Rev. Buckland said they are excited about an opportunity for an ordinance to make sure that the people of Fairmont and beyond continue to know that non-discrimination continues to be a part of our Friendly City and they wanted to put that on paper now and hope that will be read and considered by City Council. IN RE: THANK YOU FROM THE VETERAN ’S COUNCIL TOBY HEANEY , 2452 Jamison Road, MARCI CARROLL , 815 Vermont Avenue, and JOE HALL, 906 Henry Drive, addressed Council to thank them for all the help with the Veterans Day Parade. Mr. Heaney said they wanted to say a quick thank you for their help for the Veterans parade specifically the Street Department, the Police Department and whatever department was there to set up all the chairs and canopy. He noted that it was very well organized and they greatly appreciate it. Ms. Carroll invited everybody to the Fairmont Christmas Parade on Saturday, December 10th. She noted that it starts at 5:00 p.m. at Fourth Street and Fairmont Avenue and goes to the Court House and takes a right down Jefferson Street and disbands at Palatine Park. IN RE: 120 FAIRMONT AVENUE (FORMER BB&T BANK BUILDING) AARON ASHLEY , First Street, spoke to Council regarding the proposed purchase of 120 Fairmont Avenue. He said that it was his understanding the City is about to abandon and move out of the current Public Safety Building and seek new shelter. He 5 said that it appears the City will be exploring their options of the BB&T Bank Building located at 120 Fairmont Avenue. He said that he is sure the City will explore and have engineers look at the situation but can we turn a blind eye to the sink holes all around that block. He said that Councilmember-elect Warner’s car fell in one not long ago, right behind the YMCA there is one about the size of the podium in front of me, one large enough that the Fleming Mansion, also known as the Woman’s Club, to drop a small ship in, 150-year-old tree located in front of Maddie Watson’s Mansion, right beside the Woman’s Club, that tree did not fall because of old age, it fell into the mines. He said that we have quickly forgotten that not only the surrounding neighbors, including the law office, their front porch is falling in because of sink holes, but BB&T, about a decade ago, came to this very body and said that it was physically, financially irresponsible to continue to do business in that location and they build a new location with a similar footprint in size of square footage, just one block over. He then encouraged each Councilmember to do their homework and figure out if we are spending more money, good money after bad. He then asked if it was feasible to fix the current Public Safety Building. He also asked if one of the 280+ parcels of real estate that the City owns, not one of them is suitable, none of them. He asked how much are we going to be paying for that property over the less than $100,000 that it was purchased for by Fairmont Enterprises LLC, a/k/a Steve Holbert, the CPA. He asked who will pay the $2 million worth of debt on this now crumbling building and do we want to have another instance like we had with our Water Treatment Plant where we are the example of what not to do. He said those are his questions and he hopes that Council will vote in favor of exploring their options and get the reports that are already out there. He said that engineers have them that says that property is probably financially not a responsible move. He asked if that whole block could be razed and something done with it. He said that he did not know the answer to that. GENE KISNER , Clifton Road, also spoke about the BB&T Bank Building. He brought a briefcase with him and said this is his file just on that building. He explained that building was built in the early 1970’s by Bank Building and Equipment Company out of St. Louis, Missouri. When they designed that building, they must have thought we were down around Atlanta, Georgia because the building did not have enough heat by any stretch of the imagination. In the late 1970’s, he was paid by City National Bank to go in and do an evaluation of their HVAC system, which he did. They then proceeded to pay him a fortune to go in and remediate in that building the HVAC that was capable of being remediated without ripping out all the ceilings. He said that what they did was a stop jack major at best and the building as it was could not be made totally comfortable or totally functional from a HVAC standpoint. That building was designed in 1970 and that was before the 1973 oil embargo and that was when fuel was cheap. The cost of the operation of that building was never considered because energy was cheap at that point. He then talked about the glazing of the glass. He said that it is all single-glazed and it is not double pane, it is not triple pane, it is all single. He said that he did a complete evaluation in 1978 and then in 1978, they paid him and Wiedebusch Plumbing and Heating to go in and make a lot of revisions. When he said they must have thought that thing was down around Atlanta, they had boilers that were only capable of heating that building down to about 40 degrees outside, they had to add additional boilers. All of this was over 40 years ago. The air conditioning, in round numbers, is 100 tons, it is 6 actually 97.8 tons of cooling for the building as it was being used then. As the City is proposing to make that an office building, there will have to be at least 20% more cooling provided. In general, analyzing the HVAC system, remember, he has all the details, the City will spend somewhere in the neighborhood of $2 million just for the HVAC system to be renovated to where it can be used for what you are intending. He stated that the cost of that building is still exceedingly high. He said that if they gave you the building for free, you cannot afford to run it. He noted that was on the HVAC which he is well-versed and his knowledge is sought out all over the whole state even though he is retired. He said that addressing the building itself, it was built as a bank building. You do not put lots of entrances and exits in bank buildings because you do not people to be able to rob you and get out in a big hurry. There is one entrance on the ground level, there is two, a public entrance on the second level and a small three-foot passage on the second level. He said that it was never intended to be a densely occupied office building or a police building. For years, police buildings have been built so that someone cannot drive a vehicle right through the building and do whatever they want. That building is glass, all that glass would have to be removed, the entire structure would have to be reinforced in order to meet the standards of a public safety building now days. He said that he will entertain any questions that Council may have, either in this form, or come to him later and he would be happy to spend time because he hates to see people go down the wrong path and he has all the documentation on that entire HVAC system and because he was in every single inch of that building, he also knows the rest of the building. He went on to say that the second floor, there is no second floor. He said that it is just the perimeter, a balcony. It is going to have to have an entire second floor added in there to fill in that open area in order to have any usable space and that will require, not only major changes to all the duct work, all the controls, all the air distribution but it will require a lot of structural work to put a floor in. He closed by saying that he thought it is a very poor building to consider for the purpose that is stated. Councilmember Kennedy told Mr. Kisner thank you for the expertise. He said there is no question at all. Our sole idea, purpose, is to do this right and to not throw good money after bad. He said that his suggestion was let us build new, we have incredible technology now for heating, maybe solar, we have the land and that was not considered at all. We need to give this the proper look that it needs. Mr. Kisner said again that he is available and he said he will do it for free. He said that he will not charge the City because Bank Building and Equipment, the people that designed it and built it, made him a fortune over the years. He said that he got paid big bucks for going in and straightening up their screw ups and in this town, he got paid big bucks to remediate that building and even bigger bucks to remediate the First Standard Savings and Loan on East Side. CITY MANAGER ’S REPORT IN RE: DEMOLITION UPDATE The City Manager said that the contractor we have on contract with now has been given a list of the next group of demolitions for our next round for this fiscal year. She said 7 there will be ten in that group and they are completing the first group of nine now. She went on to say that weather permitting, they will continue to work to the end of the year and ARPA funds from the General Government Purpose category are being used for the demolition as applicable. IN RE: MISCELLANEOUS UPDATES The Manager reported the following:  City Administrative Offices will be closed on Thursday and Friday for the holiday.  Trash pick-up for this week will be delayed one day, Thursday pick-up will be on Friday and Friday pick-up will be on Saturday.  This Saturday is Small Business Saturday, November 26th.  Free parking at the lots and the meters in downtown from December 12th through the 31st for the holiday.  At the December 13th meeting, at 5:30 p.m., we will hold a public work session to receive an update from staff and CEC on the Norwood Park Project. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 adoption of an ordinance to amend and supplement Section 157.07 of the Administrative Code to provide for updated references to the WV Code. Motion: Councilmember Bledsoe 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. 1972 was duly adopted. IN RE: ADOPTION, 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 adoption of an ordinance to adopt the City of Fairmont Planning Commission Rules of Order and Procedure approved by the 8 Planning Commission on September 21, 2022. Motion: Councilmember Blood 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 Council and the ordinance designated as Ordinance No. 1973 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE REPEALING ORDINANCE NO. 1307, AS AMENDED, PERSONNEL RULES AND REGULATIONS, IN THE ENTIRETY, AND RE-ENACTING PERSONNEL RULES AND REGULATIONS; SAVINGS CLAUSE. Mayor Mainella entertained a motion for the introduction of an ordinance repealing Ordinance No. 1307 in the entirety and re-enacting Personnel Rules and Regulations. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Garcia seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for December 13, 2022. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING PART FIVE – GENERAL OFFENSES CODE, ARTICLE 545 WEAPONS, SECTION 545.04 FIREWORKS SAFETY TO PERMIT A DISPLAY OF CONSUMER FIREWORKS FOR PYROTECHNICAL SPECIAL EFFECTS OR DEMONSTRATION BY A WHOLESALER. Mayor Mainella entertained a motion for the introduction of an ordinance amending Part Five – General Offenses Code, to permit a display of consumer fireworks for pyrotechnical special effects or demonstration by a wholesaler. Motion: Councilmember Cinalli 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. 9 The Mayor declared the public hearing set for December 13, 2022. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN FAIRMONT CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, FROM FAIRMONT ENTERPRISES, LLC, A WEST VIRGINIA LIMITED LIABILITY COMPANY, FOR THE ADAPTIVE REUSE OF THE PROPERTY TO HOUSE CERTAIN ASPECTS OF CITY GOVERNMENT AND SERVICES INCLUDING EXECUTIVE FUNCTIONS AND PUBLIC SAFETY PERSONNEL AND EQUIPMENT, WHICH REAL ESTATE HAS AN ADDRESS OF 120 FAIRMONT AVENUE, FAIRMONT, WEST VIRGINIA, (FORMER BB&T BUILDING) AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BLK 1 LS 1-2 GASTON AVE MAP / PARCEL 2 / 0177 0000 0000 BLK 1 LS 3-4 GASTON AVE MAP / PARCEL 2/ 0178 0000 0000 BLK 1 LS 5-6 GASTON AVE MAP / PARCEL 2 / 0179 0000 0000 BLK 1 LS 15-16-17 & PT LOT 18 FAIRMONT AVE MAP / PARCEL 2 / 0144 0000 0000 BLK 1 LS 11-12-13-14 FMT AVE MAP / PARCEL 2 / 0145 0000 0000 AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER ALL NECESSARY TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT, AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH, RESERVATION OF RIGHTS Mayor Mainella entertained a motion for the introduction of an ordinance authorizing the purchase of 120 Fairmont Avenue, the former BB&T Bank Building. Motion: Councilmember Blood moved for the introduction of the proposed ordinance. Mayor Mainella seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for December 13, 2022. Councilmember Kennedy voted no to set the public hearing. 10 IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1751, AS AMENDED, WHICH IS CODIFIED AS PART ONE ADMINISTRATIVE CODE, CHAPTER SEVEN BOARDS, COMMISSIONS AND AUTHORITIES, ARTICLE 175 HUMAN RIGHTS COMMISSION, OF THE FAIRMONT CITY CODE, TO PROVIDE FOR A PRIVATE CAUSE OF ACTION FOR INDIVIDUALS WHO ARE AGGRIEVED OF ANY OF UNLAWFUL DISCRIMINATORY PRACTICE . Mayor Mainella entertained a motion for the introduction of an ordinance amending Article 175 to provide for a private cause of action for individuals who are aggrieved of any unlawful discriminatory practice. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Bolyard seconded the motion. The Clerk read the proposed ordinance by synopsis for the first time. The Mayor declared the public hearing set for December 13, 2022. Councilmember Kennedy and Councilmember Bledsoe voted no to set the public hearing. IN RE: ONE RE-APPOINTMENT, MARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC), THREE-YEAR TERM TO END DECEMBER 31, 2025 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, 2025. Mayor Mainella moved to re-appoint Tracy Evans to the MCPARC Board for a three- year term ending December 31, 2025. The motion was seconded by Councilmember Bolyard. Roll call was taken by the Clerk. The Mayor declared Tracy Evans re-appointed to the MCPARC Board for a three-year term ending December 31, 2025 by unanimous vote of those Councilmembers present. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: 11 Councilmember Blood moved to adjourn the meeting. The motion was seconded by Councilmember Rice. The Mayor declared the meeting adjourned by voice vote of Council at 7:45 p.m. 12