City Council

November 28, 2023 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 28th 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 Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Councilmember absent were: Fifth District Charles (Chuck) Warner Also present were: Interim City Manager Janet L. Keller City Attorney Kevin V. Sansalone Interim City Clerk David A. Kirk Planning Director Shae Strait IN RE: OPENING CEREMONIES Rev. Leo Riley gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. IN RE: RECOGNITION OF FAIRMONT’S FINEST BOWLING TEAM Mayor Bolyard invited the players and coaches of the Fairmont’s Finest Youth Bowling Team to be honored for their recent championship win in their league. In addition to the team that placed in first, several other teams under the group’s banner placed in second or third in their own divisions. The group’s coach thanked Council for their recognition and he congratulated his players on a job well done. 1  APPROVAL OF MINUTES IN RE: MINUTES FOR THE NOVEMBER 14, 2023 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on November 14, 2023. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember McDaniel moved to approve the minutes for the November 14, 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. PUBLIC HEARINGS IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on November 17, 2023, a public hearing was convened to obtain citizen input on an ordinance approving amendments to the City of Fairmont’s codified Planning & Zoning Code, specifically Article 2.0 Definitions and Measurements. 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 ordinance is the first of several before council addressing new permitted uses relating to urban farming and agricultural tourism. This first ordinance deals with amending definitions relating to these new allowances. There being no one else to speak, the public hearing was called to a close at 2 7:14 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on November 17, 2023, a public hearing was convened to obtain citizen input on an ordinance approving amendments to the City of Fairmont’s codified Planning & Zoning Code, specifically Article 3.0 Zoning Districts. 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 ordinance adds the definitions laid out in the previous ordinance as permitted uses. He said these ordinances relate directly to the City’s adopted Comprehensive Plan and its call for sustainable practices relating to agriculture. He pointed out that these four ordinances were forwarded favorably by unanimous vote to Council from the Planning Commission. There being no one else to speak, the public hearing was called to a close at 7:16 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on November 17, 2023, a public hearing was convened to obtain citizen input on an ordinance approving amendments to the City of Fairmont’s codified Planning & Zoning Code, specifically Article 4.0 Use Standards. 3 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 ordinance is the most critical piece of the four proposed ordinances. He said this piece sets the standards for the permitted uses. He said these standards are designed to protect adjacent uses and future permitted uses. There being no one else to speak, the public hearing was called to a close at 7:18 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on November 17, 2023, a public hearing was convened to obtain citizen input on an ordinance approving amendments to the City of Fairmont’s codified Planning & Zoning Code, specifically Section 5.4 Parking of Article 5.0 Site Standards. 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 ordinance is the final piece of this package. This ordinances address parking requirements and regulations for permitted uses allowed in the previous ordinances. Councilmember McDaniel thanked Mr. Strait for answering his questions on these ordinances prior to the meeting. Just for clarification’s sake Councilmember McDaniel asked Mr. Strait if these ordinances permit the cultivation of marijuana in Fairmont city limits. Mr. Strait said that these ordinances do not single out any specific type of plants or vegetables that can or cannot be grown. As far as marijuana is 4 concerned, Mr. Strait said that the City will be leaning of the state-level regulations placed on the growth of marijuana. Councilmember Moran said she was happy to see these items on the agenda as she believes urban farming is an important use that the City had not yet allowed. There being no one else to speak, the public hearing was called to a close at 7:24 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on November 17, 2023, a public hearing was convened to obtain citizen input on an ordinance approving amendments to the City of Fairmont’s Subdivision and Land Development Ordinance, specifically Sections 7.3 Procedure for Plat Approval and 7.4 Plat and Plan Content or Article 7.0 Subdivision Regulations. This ordinance is to update the mentioned sections and bring them in line with changes to the state-level policies. 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 these changes have been requested by developers and will make the subdivision process much smoother and more timely. There being no one else to speak, the public hearing was called to a close at 7:28 p.m. 5 IN RE: An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. Pursuant to a notice duly published in the Times-West Virginian on November 17, 2023, a public hearing was convened to obtain citizen input on an ordinance approving the sale of surplus personal property owned by the City by auction. The Mayor asked if there was anyone present to speak in favor of the proposed ordinance. Interim City Manager Janet Keller spoke in favor of the ordinance, saying it allowed City Staff to shed vehicles and office equipment that are no longer needed or used. Councilmember McDaniel asked what happens to these items if they’re not sold at auction. Ms. Keller responded and said that it depends on the shape they’re in, but most things are junked if they do not sell. There being no one else to speak, the public hearing was called to a close at 7:30 p.m. ANNOUNCEMENTS IN RE: HELP DURING THE HOLIDAYS Councilmember Moran said that for many people the Holidays are not the most wonderful time of the year and that if anyone needs any help be it with bills or housing or other assistance to call 211 for the help hotline. She also mentioned the availability of dialing 988, which is the suicide and crisis- prevention hotline. IN RE: EVEREST DRIVE BRIDGE Councilmember Garcia asked for an update on the status of the Everest Drive Bridge. Ms. Keller said that the project is currently in the hands of the State of West Virginia and that it’s pending the completion of several other projects. Before they can complete a full assessment of the bridge. IN RE: CELEBRATION OF LIGHTS Councilmember Deasy mentioned the annual Celebration of Lights kicking off the holiday season with its Market in the Park and continuing to raise funds 6 for the Tygart Valley United Way throughout the next few weeks. IN RE: SALVATION ARMY NEED Councilmember Deasy said that the Salvation Army is still in need of bell ringers and that she can help anyone interested to sign up. IN RE: DISABILITY ACTION CENTER SUB SALE Councilmember Deasy thanked the community for its support of the DAC’s annual sub sandwich sale, saying the group made record numbers of sales this year. IN RE: FAIRMONT SENIOR VS. NORTH MARION Several of the Councilmembers voice their support and congratulations for Fairmont Senior High School and North Marion High School who were set to face off in the state football championship. Councilmembers Rice, Deasy, Cinalli, McDaniel and Mayor Bolyard all wished both teams the best. IN RE: LIVE NATIVITY Councilmember Nuzum mentioned that Trinity Assembly of God is hosting a live nativity drive through experience for and invited the community to take advantage of the opportunity. CITIZENS PETITIONS IN RE: FAIRMONT CHRISTMAS PARADE AND BLESSING OF THE FIRST RESPONDERS MARCI CARROLL, Parade Director for the Marion County Veterans Council, thanked Council and City Staff for their support in getting the parade ready to go and set for success. At the time of the meeting, Ms. Carroll said the parade has over 120 official registrations and that they’re set for a wonderful time. IN RE: FEAST OF THE SEVEN FISHES/HOMETOWN CHRISTMAS MARKET ALEX PETRY, director of Main Street Fairmont, spoke to council and gave a brief overview of all that Main Street has accomplished in Fairmont this year and invited Council to attend the Feast of the Seven Fishes and the Hometown Christmas Market happening in downtown December 8th and 9th. CITY MANAGER’S REPORT 7 The Interim City Manager had nothing to report. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the proposed amendments. Motion: Councilmember Deasy 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 Council and the ordinance designated as Ordinance No. 2014 was duly adopted. IN RE: ADOPTION, 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 title. 8 Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the proposed amendments. Motion: Councilmember Moran moved for the adoption of the proposed ordinance. Councilmember Cinalli 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. 2015 was duly adopted. IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the proposed amendments. Motion: Councilmember McDaniel moved for the adoption of the proposed ordinance. Councilmember Cinalli 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. 2016 was duly adopted. IN RE: ADOPTION, 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. 9 The Interim City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the proposed amendments. Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember Moran 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. 2017 was duly adopted. IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the proposed amendments. Motion: Councilmember Nuzum moved for the adoption of the proposed ordinance. Councilmember McDaniel 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. 2018 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE PUBLIC 10  AUCTION OF SURPLUS PERSONAL PROPERTY 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 approve the surplus property auction. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. Councilmember Cinalli 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. 2019 was duly adopted. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember Rice moved to adjourn the meeting. The motion was seconded by Councilmember McDaniel. The Mayor declared the meeting adjourned by voice vote of Council at 7:50 p.m. 11