City Council

November 14, 2023 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 14th day of November 2023, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Richard (Rick) Garcia Fifth District Charles (Chuck) Warner Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Also present were: Interim City Manager Janet L. Keller City Attorney Kevin V. Sansalone Interim City Clerk David A. Kirk Utility Director John Carson Planning Director Shae Strait Assistant Planner Carly O’Dell Jones Program Manager Brian Stewart IN RE: OPENING CEREMONIES Bishop Galen Hansen gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. IN RE: PROCLAMATION PRESENTED – SMALL BUSINESS SATURDAY Mayor Bolyard presented a proclamation declaring November 25th, 2023 Small Business Saturday and invited all members of the community to shop small and shop local this holiday season. Alex Petry, director of Main Street Fairmont, was in attendance and accepted the proclamation. 1  APPROVAL OF MINUTES IN RE: MINUTES FOR THE OCTOBER 24, 2023 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on October 24, 2023. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember Rice moved to approve the minutes for the October 24, 2023, Regular Meeting as submitted. The motion was seconded by Councilmember Nuzum. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: MINUTES FOR THE NOVEMBER 1, 2023 SPECIAL MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from Special Meeting held on November 1, 2023. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember Nuzum moved to approve the minutes for the November 1, 2023, Regular Meeting as submitted. The motion was seconded by Councilmember Rice. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: SUSPENSION OF RULES Mayor Bolyard motioned, in accordance with Council’s Rules of Order, section 6.5, to suspend the rules of order and limit individuals speaking for the public hearing to five minutes in order to give everyone in attendance a chance to speak while being cognizant of everyone’s time. The motion was seconded by Councilmember Deasy. Roll call was taken by the Clerk. The Mayor declared the rules suspended by unanimous vote of council. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT 2  AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 54 OF THE WEST VIRGINIA CODE FOR PUBLIC PARKS AND RECREATIONAL FACILITIES, BEING A PART OF THE WEST FAIRMONT RAIL-TRAIL SYSTEM, WHICH REAL ESTATE IS DESCRIBED AS 2.41 AC 12TH ST EXTENSION, BEING PARCEL 0074 0005 OF MARION COUNTY TAX MAP 03-07, AND BEING THE SAME REAL ESTATE ACQUIRED BY NATERNICOLA'S MASONRY, LLC, BY DEED FROM G. RUSSELL ROLLYSON, JR., DEPUTY COMMISSIONER OF DELINQUENT AND NONENTERED LANDS OF MARION COUNTY, WEST VIRGINIA, WHICH DEED IS DATED APRIL 17, 2011, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK 1086, AT PAGE 136, AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. Pursuant to a notice duly published in the Times-West Virginian on October 27, 2023, and November 3, 2023, a public hearing was convened to obtain citizen input on an ordinance approving the purchase of the former Box Factory property from Naternicola’s Masonry through the eminent domain process. The Mayor asked if there was anyone present to speak in favor of the proposed ordinance. SHAE STRAIT, director of Planning and Development, spoke in favor of the proposed ordinance saying that this building has been the subject of questions from the surrounding community for decades and that this ordinance gives Council the opportunity to think about the future in this neighborhood. ZACHARY HERBERGER, a Pleasant Valley resident and Fairmont native, spoke in favor of this ordinance. He cited the safety of the building and growing and looming concerns for the children in the area and that the state of the building hasn’t changed in the last 15 years. ELLA BELLING, director of the Mon River Trails Conservancy, spoke in favor of the ordinance. She highlighted the importance of this property in the larger plan on the West Fork River Trail extension and the eventual closure of the Fairmont gap in the larger Pittsburg-to-Parkersburg trail network. MARK GLASS, a Morgantown resident, cited his work with Brownfield 3 redevelopment projects and his frequent use of the trails in Morgantown as motivation for Council to approve this ordinance. He cited the economic growth that has been shown time and time again that these trails bring to the areas that invest in them. CHAD EFAW, a Fairmont resident and homeowner, spoke in favor of the ordinance. He spoke about the rights of the public versus the rights of the private. He said that the rights of the public could be bolstered greatly by the acquisition and redevelopment of this property. BRIAN STEWART, Program Manager for the City’s Vacant Property Program, spoke in favor of the ordinance, citing an anecdote of a homeowner in Millersville who’s viewshed was consumed by the former Box Factory across the river. The woman asked him and the City to do something about the property. Mr. Stewart also spoke from a code perspective, saying that this building needs to be demolished. TOM MAINELLA, Fairmont resident and former Fairmont Mayor, spoke in favor of the proposed ordinance and urged Council to demolish the structure for the health and safety of the public. CARLY O’DELL JONES, Assistant City Planner, spoke in favor of the ordinance. She cited citizen input gathered during the creation of the Beltline Redevelopment Plan that overwhelmingly supported action such as this ordinance. KIMBERLY LEEZER HIMES, a Pleasant Valley resident, spoke in favor of the ordinance with concerns for the safety of the area so close to East-West Stadium as well as West Fairmont Middle School. She also said the recreational opportunities presented in the plans for the area are exactly what the area needs. ANDY WHORTON, President of Marion County Soccer and founder of several other sports initiatives around Marion County, spoke in favor of the ordinance. He urged Council to “press the button” and being the process of building something that Marion County and Fairmont needs, namely, a sports and recreation complex. He urged Council not to pass up the opportunity. JAMIE GREEN, a resident of the Beltline Neighborhood, spoke briefly in favor of the ordinance, saying he looks forward to the day where he doesn’t have to leave Fairmont to hop on the trails and enjoy them and he looks forward to the day where he doesn’t have to sit in East-West Stadium and look at the Box Factory. HANNA TURNER, a Fairmont resident, spoke in favor and called this ordinance 4 “the key to unlocking the potential of our city.” She said the demolition of the former Box Factory would improve the safety of the community as well as open endless opportunities for improvements in the area. MIKE HIMES, a Pleasant Valley resident, spoke in favor of the ordinance, citing his experience as a safety specialist and a parent of young children in the area, he said that the former Box Factory must be demolished. KEVIN SANSALONE, City Attorney, cited parliamentary procedure and reserved his five minutes for rebuttal. The Mayor asked if anyone was present to speak against the ordinance. NICOLE WALLS, a Fairmont resident, spoke against the ordinance and said the ideas behind the ordinance are great, but she called into question the City’s ability to finish projects once started. She cited Norwood Park and other promised projects that remain incomplete. DELAINA KUCISH, a Fairmont resident, spoke against the ordinance. She said that while she’s excited for the potential opportunities the ordinance will bring, she doesn’t believe the City is handling the acquisition the right way and that the use of eminent domain isn’t the correct way to go about it. GALEN HANSEN, a Fairmont resident, spoke against the ordinance. Similar to the last two speakers, he was in favor of demolishing the building and cleaning things up, but was hesitant to support the idea of eminent domain. KIRK NATERNICOLA, a Fairmont resident and current owner of the Box Factory property, spoke against the ordinance. He also resented the speakers who said the property is worse off now than it was before, saying he and his business spent thousands of dollars to try to clean up the property. The mayor gave the floor to Mr. Sansalone for his requested rebuttal, Mr. Sansalone yielded the floor to Mr. Strait, who used his five minutes to correct some of the inaccurate information given by those speaking against the ordinance. Mr. Strait addressed the unfinished projects the City is currently undertaking, such as Norwood Park, and gave Council explanations for the delays. He again laid out the importance of this property regarding the full Rail Trail extension plan. The Mayor turned to Council and asked if her fellow Councilmembers had any questions. 5 Councilmember McDaniel stated his concerns over funding for the demolition of the former Box Factory. While he specified that he is in favor of the plan, but he worries that the funding may present issues. There being no one else to speak, the public hearing was called to a close at 7:58 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 54 OF THE WEST VIRGINIA CODE FOR USE IN THE OPERATION OF THE CITY'S SANITARY SEWER UTILITY, WHICH REAL ESTATE IS DESCRIBED AS FOLLOWS: LS 8-9 BLK A JACKSON ADD, FAIRMONT CITY DISTRICT, MAP/ PARCEL 36 / 0225; AND LS 6-7 BLK A BUFFALO ST, JACKSON ADD, FAIRMONT CITY DISTRICT, MAP/ PARCEL 36 / 0224 AND BEING THE SAME REAL ESTATE ACQUIRED BY ALBERT B. EDDY, JR., BY DEEDS FROM G. RUSSELL ROLLYSON, JR., DEPUTY COMMISSIONER OF DELINQUENT AND NONENTERED LANDS OF MARION COUNTY, WEST VIRGINIA, WHICH DEEDS ARE DATED JUNE 15, 2022, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK 1304, AT PAGES 580 AND 559, RESPECTIVELY, AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. Pursuant to a notice duly published in the Times-West Virginian on October 27, 2023, and November 3, 2023, a public hearing was convened to obtain citizen input on an ordinance approving the purchase of property within the vicinity of the Wastewater Treatment Plan from Albert Eddy through the eminent domain process. The Mayor asked if there was anyone present to speak in favor of the ordinance. JOHN CARSON, Utility Director for the City of Fairmont, spoke in favor of the proposed ordinance. He informed Council of the hardships that would be 6 brought about if this property were not owned by the City, highlighting that it was supposed to be bought at a recent tax sale but was overlooked. BILLY JOHNSON, Superintendent of the Wastewater Program, spoke in favor of the ordinance in much the same way as Mr. Carson. He told Council of the logistical issues that would arise if the City were to have to relocate off of this property, going so far to say that it could also endanger the workers. The Mayor asked if there was anyone present to speak against the proposed ordinance. NICOLE WALLS, a Fairmont resident, spoke against the ordinance, raising questions about the validity of the City’s use of the property prior to this attempt to purchase the property. Her statements bordered on personal remarks about City Staff. Leading the Mayor to call Point of Order on her statements. She went on to claim she had spoken to the previous property owners as well as the current owner and claimed she had filed a complaint with the Environmental Protection Agency to investigate the City’s use of the property. ALBERT EDDY, the current property owner, spoke against the ordinance. He stated that the City is overstepping its power in taking this property from him rather than negotiating or coming to an agreement about usage. The Mayor then turned to Council and asked if there was any follow-up discussion. She then asked Mr. Sansalone to clarify the eminent domain process for Council and the public. Mr. Sansalone spoke for several minutes on the process of eminent domain and on his interactions with Mr. Eddy. Councilmember Moran questioned the use on eminent domain in this case, stating that the City ought to have made a better effort to negotiate with the property owner before resorting to this step. There being no one else to speak, the public hearing was called to a close at 8:21 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE, BY DONATION, OF CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, DESCRIBED AS FOLLOWS: 7  LEGAL DESCRIPTION DISTRICT-TAX PARCEL MAP 3.26 AC 9TH ST EXT 03-05 0137 0000 0000 PCL F-5 STRIP OF 9TH ST EXT00 03-05 0138 0000 0000 PCL F-1/F-2 TENTH 4.27 AC 03-06 0147 0000 0000 (LESS PARCEL TO BE DESIGNATED AS PART OF PARCEL 03-06-0147 0001 0000) FROM ROBERT J. WILLIAMS, III, HIS SUCCESSORS AND/OR ASSIGNS TO THE CITY OF FAIRMONT FOR A PUBLIC PURPOSE TO INCLUDE THE DEVELOPMENT OF PUBLIC RECREATIONAL FACILITIES, AMONG OTHERS; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS. Pursuant to a notice duly published in the Times-West Virginian on November 3, 2023, a public hearing was convened to obtain citizen input on an ordinance approving the acceptance of a donation of three parcels of property in the Beltline Neighborhood from Beltline, LLC. The Mayor asked if there was anyone present to speak in favor of the ordinance. SHAE STRAIT, Director of Planning, spoke in favor of the ordinance. He called this donation a once-in-a-lifetime opportunity for the City and again stressed the importance of this property alongside the acquisition of the Box Factory property. He highlighted the possibilities that will open up for this neighborhood and the City as a whole through this donation. LYNN CHEFREN, legal counsel for the donor, appealed to parliamentary procedure and reserved her five minutes for rebuttal, if needed. HANNA TURNER, a Fairmont resident, reiterated her support for the acquisition of the Box Factory property as well as this ordinance. She cited her experience as an employee of the City where she worked to improve the City’s parks and she stated the impact this donation could have on both the Beltline 8 Neighborhood as well as the entire City. CHAD EFAW, a Fairmont resident, spoke in favor of this ordinance, saying that if this ordinance is the key to unlocking the first ordinance, then he’s equally as in favor of this ordinance. ANDY WHORTON, President of Marion County Soccer and founder of several other sports initiatives around Marion County, spoke in favor of this ordinance, reiterating all his previous statements and pointing out how impactful this could be for the community. The Mayor asked if there was anyone present to speak against the ordinance. There being no one to speak against, she asked Ms. Chefren if she’d like to claim her time. Ms. Chefren spoke about RJ Williams, the owner of Beltline, LLC and the donor of this property. She said Mr. Williams has made several private efforts to better the Beltline Neighborhood and now he’s continuing that goal with this donation to the City of Fairmont. The Mayor turned to Council for any further discussion. Councilmember Deasy thanked everyone for their attendance at the public meeting. Councilmember Moran mentioned that Council received several letters of support for the Box Factory ordinance as well as the donation ordinance. One from Delegate Joey Garcia and one from local business owner Evan Chapman. There being no one else to speak, the public hearing was called to a close at 8:30 p.m. ANNOUNCEMENTS IN RE: CITY MANAGER SEARCH COMMITTEE Councilmember Moran thanked the members of the City Manager search committee for their time devoted to that search. IN RE: TWO/TWO/EIGHT ART GALLERY Councilmember Moran informed Council of the opening of an art gallery on Adams Street that held its soft opening earlier in the month. 9 IN RE: CELEBRATION OF LIGHTS Councilmember Moran mentioned the annual Celebration of Lights kicking off the holiday season with its Market in the Park and continuing to raise funds for the Tygart Valley United Way throughout the next few weeks. IN RE: SMALL BUSINESS SATURDAY Councilmember Moran invited the public to shop local and support local businesses on Nov. 25 for Small Business Saturday. IN RE: NEW PAVILLION IN BELLVIEW PARK Councilmember Garcia thanked City Staff for the new pavilion under construction in Bellview Park. IN RE: HAPPY THANKSGIVING Councilmember Cinalli wished everyone a happy Thanksgiving and thanked the public for their attendance and participation in the meeting. IN RE: UNION MISSION Councilmember Nuzum noted that the Union Mission is in need of volunteers to work on Thanksgiving to provide food to the community. CITIZENS PETITIONS IN RE: THANKS FOR VETERANS DAY FESTIVITES TODY HEANEY, Junior Vice Commander for the West Virginia Veterans of Foreign Wars, thanks Council and City Staff for their support and help during the Veterans Day festivities, including the parade. He thanks two members of City Staff who he said went above and beyond to help make the event as smooth as possible. CITY MANAGER’S REPORT IN RE: ‘IF I WERE MAYOR’ ESSAY CONTEST The Interim City Manager notified Council of the annual essay contest hosted by the West Virginia Municipal League. This year’s theme is, “If I Were Mayor, I would…” She informed Council that the Board of Education had been notified 10 and that hopefully Marion County will have some entries to submit. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 54 OF THE WEST VIRGINIA CODE FOR PUBLIC PARKS AND RECREATIONAL FACILITIES, BEING A PART OF THE WEST FAIRMONT RAIL-TRAIL SYSTEM, WHICH REAL ESTATE IS DESCRIBED AS 2.41 AC 12TH ST EXTENSION, BEING PARCEL 0074 0005 OF MARION COUNTY TAX MAP 03-07, AND BEING THE SAME REAL ESTATE ACQUIRED BY NATERNICOLA'S MASONRY, LLC, BY DEED FROM G. RUSSELL ROLLYSON, JR., DEPUTY COMMISSIONER OF DELINQUENT AND NONENTERED LANDS OF MARION COUNTY, WEST VIRGINIA, WHICH DEED IS DATED APRIL 17, 2011, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK 1086, AT PAGE 136, AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. The Interim City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to purchase the described property from Naternicola’s Masonry. Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember Moran seconded the motion. Roll call was taken by the Clerk and the following votes were recorded: Councilmember McDaniel Yes Councilmember Nuzum Yes Councilmember Warner Yes Councilmember Deasy Yes Councilmember Cinalli Yes Councilmember Moran Yes Councilmember Rice No Councilmember Garcia Yes Mayor Bolyard Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 2011 was duly adopted. 11 IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE ACQUISITION OF CERTAIN REAL ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 54 OF THE WEST VIRGINIA CODE FOR USE IN THE OPERATION OF THE CITY'S SANITARY SEWER UTILITY, WHICH REAL ESTATE IS DESCRIBED AS FOLLOWS: LS 8-9 BLK A JACKSON ADD, FAIRMONT CITY DISTRICT, MAP/ PARCEL 36 / 0225; AND LS 6-7 BLK A BUFFALO ST, JACKSON ADD, FAIRMONT CITY DISTRICT, MAP/ PARCEL 36 / 0224 AND BEING THE SAME REAL ESTATE ACQUIRED BY ALBERT B. EDDY, JR., BY DEEDS FROM G. RUSSELL ROLLYSON, JR., DEPUTY COMMISSIONER OF DELINQUENT AND NONENTERED LANDS OF MARION COUNTY, WEST VIRGINIA, WHICH DEEDS ARE DATED JUNE 15, 2022, AND OF RECORD IN THE OFFICE OF THE CLERK OF THE COUNTY COMMISSION OF MARION COUNTY, WEST VIRGINIA, IN DEED BOOK 1304, AT PAGES 580 AND 559, RESPECTIVELY, AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. The Interim City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to purchase property from Albert Eddy through eminent domain for the continued operation of the Wastewater Treatment Facility. Motion: Councilmember McDaniel moved for the adoption of the proposed ordinance. Councilmember Deasy seconded the motion. Roll call was taken by the Clerk and the following votes were recorded: Councilmember McDaniel Yes Councilmember Nuzum Yes Councilmember Warner Yes Councilmember Deasy Yes Councilmember Cinalli Yes Councilmember Moran No Councilmember Rice Yes Councilmember Garcia Yes Mayor Bolyard Yes 12 The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 2012 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE, BY DONATION, OF CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, DESCRIBED AS FOLLOWS: LEGAL DESCRIPTION DISTRICT-TAX PARCEL MAP 3.26 AC 9TH ST EXT 03-05 0137 0000 0000 PCL F-5 STRIP OF 9TH ST EXT00 03-05 0138 0000 0000 PCL F-1/F-2 TENTH 4.27 AC 03-06 0147 0000 0000 (LESS PARCEL TO BE DESIGNATED AS PART OF PARCEL 03-06-0147 0001 0000) FROM ROBERT J. WILLIAMS, III, HIS SUCCESSORS AND/OR ASSIGNS TO THE CITY OF FAIRMONT FOR A PUBLIC PURPOSE TO INCLUDE THE DEVELOPMENT OF PUBLIC RECREATIONAL FACILITIES, AMONG OTHERS; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS. The Interim City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to accept a donation of three parcels in the Beltline Neighborhood from Beltline, LLC. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. Councilmember Cinalli seconded the motion. Roll call was taken by the Clerk. 13 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2013 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 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO ADD DEFINITIONS FOR AGRICULTURAL TOURISM, EDIBLE LANDSCAPING, GREENHOUSE COMMERCIAL & NON-COMMERCIAL, PRIVATE GARDEN; TO AMEND THE DEFINITIONS OF AGRICULTURE, URBAN FARM AND MARKET FARM; AND TO REMOVE THE DEFINITION OF FARM; SAVINGS CLAUSE. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for November 28, 2023. 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 THE CITY’S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: AGRICULTURAL TOURISM, COMMERCIAL GREENHOUSE, MARKET FARM, PRIVATE GARDEN AND URBAN FARM. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. 14 Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. The Mayor declared the public hearing set for November 28, 2023. 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 THE CITY’S CODIFIED PLANNING AND ZONING CODE TO CREATE USE STANDARDS FOR COMMERCIAL GREENHOUSE, MARKET FARM, PRIVATE GARDEN, AND URBAN FARM. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Garcia seconded the motion. The Mayor declared the public hearing set for November 28, 2023. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING SECTION 5.4 PARKING OF ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY OF FAIRMONT’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY TABLE 5.4.E TO CREATE, ESTABLISH AND/OR AMEND MINIMUM PARKING REQUIREMENTS FOR COMMERCIAL GREENHOUSE AND MARKET FARM. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: 15 Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for November 28, 2023. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SECTION 7.3 PROCEDURE FOR PLAT APPROVAL AND SECTION 7.4 PLAT AND PLAN CONTENT OF ARTICLE 7.0 SUBDIVISION REGULATIONS, THE CITY’S SUBDIVISION AND LAND DEVELOPMENT ORDINANCE (SALDO), TO PROVIDE FOR MODIFICATIONS AND CHANGES WROUGHT BY AMENDMENTS TO WEST VIRGINIA CODE §8A-5-1 ET SEQ., ADOPTED BY THE WEST VIRGINIA LEGISLATURE DURING THE REGULAR 2023 LEGISLATIVE SESSION; TO MAKE STYLISTIC CHANGES TO PROVIDE CLARITY; AND TO AMEND CERTAIN FILING REQUIREMENTS. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember Deasy seconded the motion. The Mayor declared the public hearing set for November 28, 2023. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: 16 Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember Cinalli seconded the motion. The Mayor declared the public hearing set for November 28, 2023. IN RE: ADOPTION, A RESOLUTION BY THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION (WVDEP) FOR A 2024 DILAPIDATED PROPERTIES PROGRAM AND REHABILITATION ENVIRONMENTAL ACTION PROGRAM GRANT IN THE AMOUNT OF $1,266,740.00, AND IF SUCH GRANT IS AWARDED, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER OR DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the application for a grant from the West Virginia Department of Environmental Protection. Motion: Councilmember Deasy moved for the adoption of the proposed resolution. Councilmember McDaniel seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HISTORIC LANDMARKS COMMISSION, THREE-YEAR UNEXPIRED TERM TO END JANUARY 1, 2025. Mayor Bolyard entertained a motion for one appointment to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025. 17 Councilmember Deasy moved to appoint Madelaine Shultz to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk. The Mayor declared Madelaine Shultz appointed to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025 by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HISTORIC LANDMARKS COMMISSION, THREE-YEAR UNEXPIRED TERM TO END JANUARY 1, 2024. Mayor Bolyard entertained a motion for one appointment to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2024. Councilmember Warner moved to appoint Tracy Evans to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2024. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk. The Mayor declared Tracy Evans appointed to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2024 by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HISTORIC LANDMARKS COMMISSION, THREE-YEAR UNEXPIRED TERM TO END JANUARY 1, 2026. Mayor Bolyard entertained a motion for one appointment to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2026. Councilmember Rice moved to appoint Jason Wright to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2026. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk. 18 The Mayor declared Jason Wright appointed to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2026 by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HISTORIC LANDMARKS COMMISSION, THREE-YEAR UNEXPIRED TERM TO END JANUARY 1, 2025. Mayor Bolyard entertained a motion for one appointment to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025. Councilmember Moran moved to appoint Troy Snyder to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk. The Mayor declared Troy Snyder appointed to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025 by unanimous vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HISTORIC LANDMARKS COMMISSION, THREE-YEAR UNEXPIRED TERM TO END JANUARY 1, 2025. Mayor Bolyard entertained a motion for one appointment to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025. Councilmember Nuzum moved to appoint Mike Jura to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025. The motion was seconded by Councilmember McDaniel. Roll call was taken by the Clerk. The Mayor declared Mike Jura appointed to the Fairmont Historic Landmarks Commission for a three-year unexpired term ending January 1, 2025 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment 19 Motion: Councilmember McDaniel moved to adjourn the meeting. The motion was seconded by Councilmember Garcia. The Mayor declared the meeting adjourned by voice vote of Council at 8:58 p.m. 20