City of Martinsburg Regular City Council Meeting Thursday, January 14, :30 PM

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1 A Regular Meeting has been called of the Martinsburg City Council. Due to the recommendations of the Federal and State government and the CDC, members of the public are encouraged to view the meeting via media and social media outlets. All attempts will be made to stream via the City s Facebook page at Facebook.com/CityofMartinsburg or Please address public comments regarding this agenda to glong@cityofmartinsburg.org. 1. Call to Order 2. Roll Call 3. Salute to Flag 4. Prayer 4.a Mr. Walter Bowers, retired pastor 5. Approval of Minutes 5.a Approve/deny December 10, 2020 Regular Meeting Minutes 6. Approve Administrative and Financial Report 6.a November 2020 Financial and Administrative Report 7. Petitions from Citizens 8. Presentations 8.a Richard Lemanowicz, on behalf of Liberty Towers, LLC,--update on proposed communications tower at property located at the intersection of Mall Road and Porter Avenue 8.b Make comment on ABCA Zoning form for Weis Markets, Inc., d.b.a. Weis Markets #238, for retail alcohol sales at 400 Enterprise Circle 9. Receive and File Reports Minutes Correspondence of The Following: 9.a Resignation of Dena Morgan from the Board of Zoning Appeals, effective December 31, b Memorandum from Comcast (December 8) regarding programming changes and memo (December 20) regarding Regional Sports Networks 9.c Resolution of Appreciation for William R. "Bill" Clark for his thirty-five years of community service (as read December 31, 2020) 9.d Resignation of Rachel Snavely from the Region 9 Planning and Development Council, effective December 15, e Letter of Resignation of George Karos from the Berkeley County Development Authority, dated December 22, f Eastern West Virginia Regional Airport Authority November 9, 2020 meeting minutes and financial reports 10. Reports of Council as a Whole Committee: 11. Report of Mayor City of Martinsburg Regular City Council Meeting Thursday, January 14, :30 PM 1

2 11.a Notification of Public Hearing scheduled for Thursday, February 11, 2021 at 6:30 PM for the purposes of discussing the City's Community Development Block Grant and HOME Investment Partnership funding 11.b Reappoint Shane Farthing to the Martinsburg-Berkeley County Convention and Visitor's Bureau 1/1/2021 through 1/1/ c Appoint Jacqueline Long to the Eastern Panhandle Transit Authority (EPTA) to fill an unexpired term (vacated by Kelly Tanksley) 8/1/2020-8/1/ d Appoint Gregg Wachtel to the Martinsburg/Berkeley County Parks and Recreation Board to fill an unexpired term (vacated by Brad Sensel); 8/1/2020-8/1/ e Appoint Rachel Snavely to the HOME Consortium to fill an unexpired term (vacated by William Clark)--July 1, June 30, f Membership on Berkeley County Development Authority (see memo) 11.g Report the following vacancies: Parking Authority (2) Historic Preservation Review Commission (1) Human Relations Committee (2) Board of Zoning Appeals (1) Region 9 Planning and Development Council (1) 12. Report of City Attorney 12.a Zoning Re-write update 13. Report of City Manager 13.a City Projects/Initiatives Year-end Update 14. Unfinished Business 15. New Business 15.a First and Second Reading of Ordinance authorizing the necessary documents to purchase the property known as 127 W. Commerce Street for $75, b First and second reading of Ordinance to approve and adopt current replacement pages to the Codified Ordinances of the City of Martinsburg, WV 15.c Confirm consensus of eight (8) hours compensatory leave granted to all full-time employees due to December 17, 2020 inclement weather event. 15.d Approve/deny bid recommendation for Train Station Corridor Project--W. Harley Miller Contractors, Inc.,--$1,044, (see memo from Alpha Associates) 15.e Approve/deny quote recommendation for 6,000 gallon Sodium Hypochlorite tank for the Wastewater Treatment Plant--Augusta Fiberglass--$37, f Approve/deny Change Order #13 between the City of Martinsburg and W. Harley Miller for the Martinsburg Police Department/Municipal Court Project for additional lighting in stairwell--$27, (Silling--$14,013.85/City share--$13,631.42) 15.g Approve/deny Change Order # 8 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project for additional labor and equipment to execute Connection #3 at Spring and Martin Streets--$3, h Approve/deny agreement between the City of Martinsburg and Silling Associates for additional services to architect's basic services for development of various parcels extending along W. Race Street and N. College Street to W. Commerce Street--$60,000 2

3 15.i Confirm consensus to approve COVID-19 vaccine leave incentive policy 15.j Approve/deny recommendation to remove "no turn on red" signage at intersection of S. Alabama Avenue and W. King Street 15.k Discuss and take action as necessary regarding White Avenue parking improvements 16. Executive Session 3

4 City of Martinsburg Regular Council Meeting Thursday, December 10, 2020 The J. Oakley Seibert Council Chambers With a quorum present, the regular session of the Martinsburg City Council was called to order by Mayor Harriet Johnson at 6:30 PM. The following Council Members were present: Cory Roman, Steve Knipe, Dennis Etherington, Kevin Knowles, Ken Collinson, Kimberly Nelson, and Jason Baker (via video). Also present were City Manager Mark Baldwin, City Attorney Kin Sayre, City Recorder Gena Long, Police Chief George Swartwood and Director Shane Farthing. 3. Salute to Flag Mayor Johnson led the salute to the flag. 4. Prayer Reverend Annie Weatherholtz, Trinity Episcopal Church, led the invocation. Mayor Johnson called for a moment of silence to honor Charleston Patrolwoman, Officer Cassie Edwards, killed in the line of duty. She thanked Martinsburg Police Department for sending a detachment to her funeral. 5. Approve November 12, 2020 Regular Council Meeting Minutes Motion made by Councilman Etherington, seconded by Councilman Baker, to approve the November 12, 2020 Regular Council Meeting Minutes. Motion carried unanimously. 6. Approve October 2020 Administrative and Financial Report Motion made by Councilman Etherington, seconded by Councilman Knowles, to approve the October 2020 Administrative and Financial Report. Motion carried unanimously. 8. Presentations a. Administer Oath of Office to Police Corporals Michael Castelgrande and Rodney Crawford The City Recorder administered the Oath of Office. b. Make Comment on ABCA Zoning Form for Sumo Asian Fusion, LLC, d.b.a. Sumo Fusion 1331 Edwin Miller Blvd No one was present to represent the business. Councilman Knowles asked if it is necessary to have the applicant present. City Attorney Kin Sayre stated that the City of Martinsburg has always required someone to be present to represent the business before an applicant is forwarded. The City Recorder stated that she had phoned the applicant and she had indicated that she would be present, however, there seemed to be a general misunderstanding of the process from the applicant, and perhaps she did not understand. 4

5 December 10, 2020 Regular Council Minutes 2 Councilman Knowles stated that the realizes that the City has required the applicant to be present, traditionally, however, these are not traditional times. He surmised that, perhaps, the applicant was confused by the City Hall closed signs posted on the building. Councilman Etherington stated that not forwarding the form does not prevent the applicant from conducting business, it just holds up the alcohol sales. Consensus of Council was to take no action at this time. 9. Receive and File Reports Minutes Correspondence of the Following: a. Notification from Comcast of rate changes, effective December 20, 2020 b. Corrected notice from US Department of Housing and Urban Development (HUD) notifying of CDBG and HOME allocation changes c. Correspondence from Kelly Tanksley resigning from the Eastern Panhandle Transit Authority Board, effective November 16, 2020 d. Correspondence from Berkeley County Chamber of Commerce appointing Kimberly Foore to the vacancy on the Martinsburg Police Civil Service Commission, effective November 20, 2020 (vacated by Kelly Tanksley) e. Eastern West Virginia Regional Airport Authority October 19, 2020 Meeting Minutes and Financial Report f. Board of Zoning Appeals October 6, 2020 Meeting Minutes Motion made by Councilman Etherington, seconded by Councilman Knowles, to receive and file Items 9A-9F. Motion carried unanimously. 10. Reports of Chairpersons of Council Standing Committees a. Approve October 14, 2020 Council as a Whole Committee Meeting Minutes 11. Report of Mayor a. Reappoint Stephen Knipe, II to the Martinsburg Historic Preservation Review Commission January 1, 2021 through January 1, 2024 Motion made by Councilman Knowles, seconded by Councilman Collinson, to approve the reappointment. Motion carried unanimously. b. Reappoint Brenda Casabona to the Martinsburg Board of Zoning Appeals January 1, 2021-January 1, 2024 Motion made by Councilwoman Nelson, seconded by Councilman Roman, to approve the reappointment. Motion carried unanimously. c. Reappoint Yvonne Jenkins to the Martinsburg Planning Commission January 1, January 1, 2024 Motion made by Councilman Collinson, seconded by Councilman Etherington, to approve the reappointment. Motion carried unanimously. Report the following vacancies: Historic Preservation Review Commission (1) 5

6 Parking Authority (2) Human Relations Committee (2) Police Civil Service Commission (Chamber Appointment) Martinsburg-Berkeley County Parks and Recreation Board (1 City Appointment) Board of Zoning Appeals (1) December 10, 2020 Regular Council Minutes 3 Mayor Johnson thanked the Old Berkeley Garden Club for their work on landscaping around the Gateway signs. 12. Report of City Attorney 13. Report of City Manager 14. Unfinished Business a. Third and Final reading of Ordinance to enact Article 144 of the City of Martinsburg Code establishing the Martinsburg Municipal Building Commission Motion made by Councilman Etherington, seconded by Councilman Collinson, to approve the third and final reading of Ordinance , by title only, and approve. Motion carried unanimously. c. Third and Final reading of Ordinance authorizing the necessary documents to purchase the property known as S. Water Street and 232 E. Burke Street (Tax Map M10, Lots of Swartz s Mill Lot) for $18,000 Motion made by Councilman Etherington, seconded by Councilman Knipe, to read Ordinance through the third and final reading, by title only, and approve. Motion carried unanimously. City Attorney Kin Sayre added that closing is scheduled for January 5, New Business a. Approve/deny addendum to Master Contract with Granicus for GovAccess (Website Design and Implementation) Communications Cloud Motion made by Councilman Collinson, seconded by Councilman Etherington, to approve. Motion carried unanimously. b. Approve/deny Emergency COVID Sick Leave policy for City of Martinsburg employees Motion made by Councilman Knowles, seconded by Councilman Etherington, to approve. Motion carried unanimously. c. Approve/deny Special Events Application for Parrish Family Gifts s Holiday Market to be held on Saturday, December 19 through Sunday, December 20 from 8 AM until 2 PM in the Town Square Pedestrian Plaza, contingent upon proof of adequate liability insurance, payment of any recommended fees for City services and adherence to any COVID-19 guidelines in place at the time of the event Councilman Etherington stated that COVID has gotten worse; City Hall is closed, schools are closed and the gathering size is estimated to be sixty persons, which exceeds the recommended gathering size of twenty-five. Councilwoman Nelson stated that she was not sure that the gathering size was sixty, but that around sixty people were expected during the entire course of the event. 6

7 December 10, 2020 Regular Council Minutes 4 Councilman Knowles agreed with Councilman Etherington, stating that he has attended many meetings regarding COVID in his capacity as President of the Municipal League and that Berkeley County is now, and has been red for some time. The consensus of Council was to pause the approval of special event applications through the end of March, with month-to-month review of the policy. Motion made by Councilwoman Nelson, seconded by Councilman Collinson, to approve Special Event Motion denied unanimously. d. Approve/deny Special Events Permit for The Hope Event in the Town Square Pedestrian Plaza on Thursday, December 24, 2020 from 10 AM until 4 PM, contingent upon proof of adequate liability insurance, payment of any recommended fees for City services and adherence to any COVID-19 guidelines in place at the time of event Motion made by Councilman Knowles, seconded by Councilman Etherington, to approve Special Event Permit Motion denied unanimously. e. Approve/deny purchase of nine (9) ballistic resistance vests and associated equipment for the Martinsburg Police Department--$775 each/total $9, Police Levy/General Fund Galls (State Contract) Motion made by Councilman Knowles, seconded by Councilman Baker, to approve the request. Motion carried unanimously. f. Approve/deny renewal of lease with Pitney Bowes for City Hall Postage Meter and Inserter/Folder Machine-- $1,163 per month ($87.01 reduction from current lease) Motion made by Councilman Etherington, seconded by Councilman Collinson, to approve the renewal. Motion carried unanimously. g. Approve/deny bid recommendation for tank replacement at Wastewater Treatment Plant (no bids received) authorize City Manager to negotiate purchase of tank and contractor for Council approval Motion made by Councilman Knowles, seconded by Councilman Etherington, to authorize. Motion carried unanimously. h. Approve/deny Cooperative Service Agreement between the City of Martinsburg and the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services for management of Black Vultures and Turkey Vulture in the City of Martinsburg--$7,800 Motion made by Councilman Etherington, seconded by Councilman Roman, to approve. Motion carried unanimously. i. Authorize Request for Qualifications (RFQ) for development of Municipal Redevelopment and Renewal Plan Development Motion made by Councilwoman Nelson, seconded by Councilman Collinson, to authorize. Motion carried unanimously. j. Approve/deny City of Martinsburg Downtown Residential Façade Program overview and application 7

8 December 10, 2020 Regular Council Minutes 5 Councilman Knowles stated that he believed this to be a program in which the applicant was lent the money in advance, but upon reading the information provided, it appears to be a reimbursement program. He is concerned it makes it more difficult for some residents to take advantage of. Councilwoman Nelson stated that it is a maximum of $10,000 in improvements with a 50% reimbursement and those interested can put the entire amount on a credit card and pay it back when the reimbursement is issued. City Manager Mark Baldwin and Community/Economic Development Director Shane Farthing clarified, stating that it is a grant program, not a loan. Since there is not a credit check/deed process, the City needs to ascertain that the money is spent on approved improvements. This is a pilot program and adjustments can be made after the first year, if necessary. Motion made by Councilwoman Nelson, seconded by Councilman Etherington, to approve. Motion carried unanimously. k. Approve/deny City of Martinsburg Downtown Commercial and Mixed-use Façade Program overview and application Motion made by Councilman Knowles, seconded by Councilman Etherington, to approve. Motion carried unanimously. l. Approve/deny Change Order between the City of Martinsburg and W. Harley Miller for the Martinsburg Police Station/Municipal Court Building No change order was submitted. m. Approve/deny Pay Application No. 31 between the City of Martinsburg and W. Harley Miller for the Martinsburg Police Station/Municipal Court Building--$46, Motion made by Councilman Collinson, seconded by Councilman Knipe, to approve the payment. Motion carried unanimously. n. Approve/deny Change Order 3 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project (30 day time extension/$0.00) Motion made by Councilman Knowles, seconded by Councilwoman Nelson, to approve. Motion carried unanimously. o. Approve/deny Change Order 4 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project for sewer lateral replacement from White Avenue to Queen Street (21 days/$111,953.45) Motion made by Councilman Etherington, seconded by Councilman Knipe, to approve. Motion carried unanimously. p. Approve/deny Change Order 5 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project for custom storm sewer from Spring Street to Queen Street (27 days/$37,910.69) Motion made by Councilman Knowles, seconded by Councilwoman Nelson, to approve. Motion carried unanimously. q. Approve/deny Change Order 6 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project for temporary repairs to sidewalks at the location of various utility connections (0 days/$1,950.15) 8

9 December 10, 2020 Regular Council Minutes 6 Motion made by Councilman Etherington, seconded by Councilwoman Nelson, to approve. Motion carried unanimously. r. Approve/deny Change Order 7 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project for permanent street repairs at the locations of city excavation over existing water lines (0 day time extension/$760.22) Motion made by Councilman Collinson, seconded by Councilman Knipe, to approve. Motion carried unanimously. s. Approve/deny Pay Application 6 between the City of Martinsburg and Snyder Environmental for the E. Martin Street Utility Relocation Project--$143, Motion made by Councilman Etherington, seconded by Councilman Knowles, to approve. Motion carried unanimously. t. Discuss, take action as necessary, regarding Martinsburg-Berkeley County Parks and Recreation s Request for funds for new sidewalk at Lambert Park--$4,850 Motion made by Councilman Knowles, seconded by Councilman Etherington, to approve. Motion carried unanimously. Councilman Baker asked that the pine trees be reviewed and trimmed back as necessary so they are not overhanging the new sidewalk. City Manager Mark Baldwin stated he would pass that information on to public works. Council entered Executive Session for legal and real estate at 7:16 PM. Council returned to Regular Session and adjourned at 7:33 PM. Gena Long, City Recorder Harriet Johnson, Mayor 9

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14 1215 E. Fort Ave, Suite 103 Baltimore, MD December 8, 2020 Re: Programming Changes Dear Franchise Administrator, We are committed to keeping you and our customers informed about changes to Xfinity TV services. Accordingly, please note the following changes to the Xfinity lineup provided in your community: On December 8, 2020, the following channel changes occurred: Sportsman HD was added to More Sports & Entertainment; Discovery Life HD was added to Digital Preferred; Jewish Broadcasting Service (JBS) HD and CSPAN3 HD was added to Sports & News and Expanded Basic; TBN HD was added to Limited Basic. Channels require HD Technology Fee and X1 TV or compatible customer owned device. Customers are receiving notice of these changes in their bill starting on December 16. Please feel free to contact me at if you have any questions. Sincerely, Andre Fountain Senior Specialist, Government & Community Affairs Comcast Beltway Region 14

15 1215 E. Fort Avenue, Suite 103 Baltimore, MD December 21, 2020 Re: Regional Sports Networks Dear Franchise Administrator: We are committed to keeping you and our customers informed about changes to Xfinity TV services. As you are aware, many sporting events and broadcasts were put on hold this year between April and June due to the pandemic. We have been working hard to recover the fees regional sports networks charged us during that period to pass back savings to our customers. We are currently notifying customers in your community of a courtesy adjustment related to these fees. This adjustment reflects what has been committed to us by the regional sports networks in your area to date. We will continue to work to recover additional funds where possible and are committed to giving our customers 100% of what we receive. For more information, visit Please feel free to contact me at if you have any questions. Sincerely, Andre Fountain Senior Specialist, Government & Community Affairs Comcast Beltway Region 15

16 Resolution of Appreciation William R. Bill Clark Region 9 Planning and Development Council City of Martinsburg Whereas, William R. Bill Clark has been a faithful public servant for thirty-five years serving the Eastern Panhandle and the State of West Virginia; and Whereas, Bill has made significant contributions to the economic development of the state and the Eastern Panhandle community; and Whereas, his economic development career began in 1985 with the Morgan County Commission in Berkeley Springs where he developed a reputation as a fiscally responsible manager and capable project strategist; and Whereas, he spent twenty-eight (28) years working in progressively responsible positions as the County Coordinator, County Administrator and Executive Director for the County Commission and the Morgan County Economic Development Authority; and Whereas, Bill took the helm as Executive Director of the Eastern Panhandle Regional Planning and Development Council (Region 9), located in the City of Martinsburg, in 2013; and Whereas, notable Region 9 projects under Bill s leadership include completion of two Comprehensive Economic Development Strategies (CEDS), the five-year regional guide for economic development, a natural gas line feasibility study that was the impetus for the expansion of the Mountaineer Gas Company in the region; an Eastern West Virginia Regional Airport study that helped spark new life into one of the region s economic assets; and efforts to expand infrastructure projects with over $40 million in grants and loans; and Whereas, William Bill Clark has been a tremendous asset to community and economic development in the City of Martinsburg, the Eastern Panhandle and the State of West Virginia and is retiring from a long and distinguished career of government service on December 31, 2020; and Now, Therefore Be It Resolved, that the office of the Mayor and the City Council publicly recognizes William R. Bill Clark for his dedication, skills and knowledge and offers gratitude and appreciation for thirty-five years of service to his community; In Witness Thereof, I, Harriet Johnson, Mayor of Martinsburg, have hereunto set my hand and caused the official seal of the City of Martinsburg, West Virginia to be affixed this 31 st day of December 2020 Attest: CITY OF MARTINSBURG Gena Long, Recorder Harriet Johnson, Mayor 16

17 From: To: Subject: Date: Attachments: Gena L. Long Baldwin, Mark FW: Region 9 Board Resignation Tuesday, December 15, :16:00 AM image001.png image002.png image003.png image004.png From: Rachel Snavely <rsnavely@berkeleywv.org> Sent: Tuesday, December 15, :15 AM To: Gena L. Long <GLong@cityofmartinsburg.org> Cc: Jennifer Wishmyer <jobrien@region9wv.com> Subject: Region 9 Board Resignation Gena, Please consider this as my resignation as the City of Martinsburg s appointee to the Region 9 board, given my recent acceptance of the position of Executive Director for that agency. This resignation should be considered to take effect immediately. Kindly have the Council appoint my replacement at their earliest convenience and forward their decision to the Region 9 office, or to jwishmyer@region9wv.com. Thanks! Rachel Snavely Grants Administrator II Berkeley County Council 400 W. Stephen St., Ste. 201 Martinsburg, WV ext Follow Us On Social Media: 17

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27 PUBLIC HEARING NOTICE CITY OF MARTINSBURG, WEST VIRGINIA FY 2021 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS Notice is hereby given that the City of Martinsburg, Berkeley County, WV will hold a public hearing on Thursday, February at 6:30 PM, prevailing time, in the J. Oakley Seibert Council Chambers, Martinsburg City Hall, 232 North Queen Street, Martinsburg, WV The Martinsburg City Hall and the J. Oakley Seibert Council Chambers are accessible to persons with physical disabilities. If special arrangements need to be made to accommodate residents in order for them to participate in the public hearing, please call Ms. Nancy Strine, CDBG & HOME Administrator, City of Martinsburg, at (304) , ext 278 to make those arrangements. The purpose of this public hearing is to discuss the City s Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) Entitlement funds through the Eastern Panhandle HOME Consortium, and the housing and community development and economic development needs of the City of Martinsburg, WV. Based on last year s funding, the City of Martinsburg anticipates to be notified by the U.S. Department of HUD that it is eligible to receive a CDBG entitlement grant in the amount of approximately $341,194 for FY HOME funding for the Eastern Panhandle HOME Consortium should be approximately $446,246 in FY These funding levels are contingent upon the final approval of the Federal Budget for FY The City doesn t anticipate notice of funding allocation until Spring of In order to receive those funds, the City of Martinsburg must prepare a One Year Annual Action Plan for the use of Federal funds. At least 70% of the CDBG funds must benefit low- and moderate-income persons living in the City of Martinsburg. The City will be preparing its CDBG and HOME application and it intends to afford residents, local agencies, and interested parties the opportunity to become involved in the planning process. The following types of activities may be eligible for funding under the CDBG program: Acquisition of property; disposition costs; improvements to public facilities, including the removal of architectural barriers; demolition and environmental clean-up; public services that are new or a quantifiable increase in the level of service; interim assistance; relocation payments for persons displaced as a result of a CDBG activity; rehabilitation of houses; code enforcement; special economic development activities; special activities undertaken by a community based development organization; home ownership assistance for purchase; planning; environmental; program administration; audit; and other miscellaneous activities. The following types of activities may be eligible for HOME funding: acquisition of property, rehabilitation of housing; new construction of housing; downpayment and closing costs; tenant based rental assistance; administration; and other miscellaneous activities. If the City would undertake an activity that would result in the displacement of families or individuals, then the City would utilize its policy for minimizing such displacement. Furthermore, the City is responsible for replacing all low- and moderate-income housing units that may be demolished or converted as a result of the expenditure of CDBG funds. All interested residents are encouraged to attend this public hearing or listen by a virtual platform and they will be given the opportunity to present oral or written testimony concerning the needs of the City of Martinsburg and the use of CDBG and HOME funds to address those needs over the next fiscal year. Written comments may be addressed to Ms. Nancy Strine, CDBG & HOME Administrator, City of Martinsburg, 232 North Queen Street, Martinsburg, WV or ed nstrine@cityofmartinsburg.org Harriet E. Johnson, Mayor City of Martinsburg 27

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31 RACHEL C. SNAVELY 600 North High Street, Martinsburg, WV (304) * rachel.cara@hotmail.com PROFESSIONAL PROFILE Law school graduate with nearly fifteen years of professional experience. Creative problem solver who works well independently and as a team player. Attention to detail, proven research, writing, and communication skills. WORK EXPERIENCE EASTERN PANHANDLE REGIONAL PLANNING & DEVELOPMENT COUNCIL, Martinsburg, WV Executive Director, December 2020 Present Agency regional coverage area: Berkeley County, WV, City of Martinsburg, Town of Hedgesville, Morgan County, WV, Town of Paw Paw, Town of Bath, Jefferson County, WV, City of Charles Town, City of Ranson, Corporation of Shepherdstown, Corporation of Harpers Ferry, Town of Bolivar I supervise Region 9 employees and maintain fully staffed office to meet workload needs. I provide oversight, management and administration of all work projects/programs. I provide oversight of all fiscal duties for the Region 9 office. I provides oversight of the Comprehensive Economic Development Strategy work plan. I oversee administration of/compliance with state and federal agencies on grant funding. I assess the needs of local governments and identify programs and projects to be implemented by staff. I attend county commission and town council meetings. BERKELEY COUNTY COUNCIL Martinsburg, WV Grants Administrator II, October 2018 Present; Grants Administrator I, October 2017 October 2018 Senior grants administrator for Berkeley County, WV, the second largest and fastest growing county in the State. I applied for, administered, and managed competitive federal and state grants that match the needs of the County s departments and partners which include, but are not limited to the Office of Emergency Management, the Circuit Court, the Fire Board, the Day Report Center, and the Recovery Resource Center. I assisted the County in obtaining grant funds for land acquisition, infrastructure development, building renovation and expansion, and economic development projects. I applied for and managed projects under a number of federal agencies including the US Department of Health and Human Services (US DHHR/SAMHSA), the Federal Emergency Management Agency (FEMA), and the US Department of Justice (US DOJ/OJP). I worked with a number of state agencies such as the West Virginia Courthouse Facilities Improvement Authority (CFIA), the State Historic Preservation Office (SHPO), and the West Virginia Department of Homeland Security and Emergency Management (DHSEM). I performed all roles associated with grants management from pre-application through closeout, including all programmatic and financial reporting. I ensured that all grant applications include all necessary components by drafting comprehensive narratives, researching applicable data and statistics, ensuring cash/in-kind match availability, developing multi-year budget projections, completing all required federal forms and assurances, and obtaining requisite support and commitment from applicant partners. I provided general oversight and monitoring of all awarded projects and assist assigned project directors in the administration of their programs, ensuring contractual and programmatic compliance with the award and performing site visits. I performed general oversight of junior administrators work product, during the periods in which we have had 31

32 additional staff. I arranged property appraisals and surveys. I drafted internal organization-wide policies and procedures. I acted as a liaison between departments and outside agencies with external entities to form partnerships. I drafted bylaws for County boards and solicit board members. BERKELEY COUNTY COUNCIL PLANNING DEPARTMENT Martinsburg, WV Planner I, March 2017 October 2017 (40 Hours/Weekly; Salary: $40,500) I reviewed major residential, commercial, and industrial site plans and plats for compliance with the Berkeley County Subdivision Ordinance and outside agency permitting requirements. I regularly communicated with developers, engineers, and surveyors regarding the progress of their projects and the necessary steps that are required to ensure that they deliver accurate, detailed submissions that can be reviewed in a timely manner. I assisted members of the public in answering questions regarding subdivision and land development processes. I assisted in the interpretation of relevant case law and state code to decipher ambiguous scenarios not clearly addressed by the existing ordinance. I assisted in drafting the proposed revision to the 2009 Subdivision Ordinance, particularly the articles on Processing Procedures and Plan Requirements. I attended and presented at biweekly Planning Commission meetings regarding the approval and advancement of ongoing development projects. I assisted the floodplain manager in the review of proposed floodplain development, both through building permit review and on major land development submittals. I submitted regular documentation to FEMA to maintain Berkeley County s status as a Class 7 community in the CRS program. EASTERN PANHANDLE REGIONAL PLANNING & DEVELOPMENT COUNCIL, Martinsburg, WV Project/Office Manager, July 2016 March 2017; Project Assistant, May 2014 June 2016 Agency regional coverage area: Berkeley County, WV, City of Martinsburg, Town of Hedgesville, Morgan County, WV, Town of Paw Paw, Town of Bath, Jefferson County, WV, City of Charles Town, City of Ranson, Corporation of Shepherdstown, Corporation of Harpers Ferry, Town of Bolivar I applied for, administered, and managed competitive federal, state, and private grants and loans, based on the development needs of local government. I have applied for and managed a number of infrastructure, emergency management, and economic development projects that have been funded through such agencies as the Appalachian Regional Commission (ARC), the Economic Development Administration (EDA), the West Virginia Department of Environmental Protection (WVDEP), the Federal Emergency Management Agency (FEMA), the US Environmental Protection Agency (EPA), the West Virginia Department of Homeland Security and Emergency Management (WVDHSEM), the West Virginia Development Office (WVDO), and the West Virginia Department of Transportation (WVDOT). The scope of my duties as both a Project Assistant and Project Manager included defining the scope of projects, developing project schedules, creating project reports for funders, and ensuring project deliverables are on time and within budget. Projects may range from tens of thousands to several million dollars in total cost. I assisted consultants in preparing and delivering project progress reports both in writing and verbally to grantees and funders. I assisted in the drafting and editing of comprehensive planning documents and final work product, including the development of the Multi- Jurisdictional Hazard Mitigation Plan, highlighted by FEMA for exceptional public engagement. I procured engineering firms for design and construction projects following WV Code 5G. I managed on-call consultant contracts which our agency retains to assist local communities with comprehensive planning projects and feasibility studies. I visited project site locations to ensure proper business and 32

33 management practices are being followed and the work done remains within scope. I managed all financial duties with respect to grant funding including: paying contractors, requesting and monitoring drawdowns from funding agencies, and participating in annual audits. I researched funding opportunities for proposed projects and assist local governments in creating new development strategies for economic growth. I scheduled and attend meetings with members of local governments to assess their local economies. I scheduled and attend meetings between members of local government and federal and state funding agencies to aid in networking and partnering. My current contacts include US congressional and senatorial aides, county councilmen, town mayors, county administrators, representatives of local industry and private organizations, national and local nonprofits, representatives from numerous federal and state government agencies, and economic development professionals and consultants. In-office, I drafted our annual update to our agency s Comprehensive Economic Development Strategy and assist in the drafting of its 5-year update, which is submitted to the Economic Development Administration. I drafted and submitted our annual applications and final reports which are submitted to ARC and EDA for our annual funding. I was responsible for our accounting and bookkeeping. I processed all payroll, taxes, quarterly filings, liability insurance audits, and paid our operating expenses. I reviewed and edited incoming and outgoing consultant contracts to ensure they meet our regulations and needs. I assisted in ensuring our annual budgets are accurate, reasonable, and in conformance with procedures and guidelines. I assisted in editing and reviewing our personnel manuals and procedures. I managed all operational and grant finances for our sister agency, the Western Potomac Economic Partnership, which markets the region to Baltimore/DC area businesses. JOSEPH, GREENWALD & LAAKE, P.A., Greenbelt, MD Workers Compensation Paralegal, (Temporary Position), October 2011-January 2012 I assisted in the handling of workers' compensation files as assistant to the Chair of the Workers' Compensation Division. I performed a variety of legal duties such preparing prehearing documents including exhibit lists; medical summaries and analyses, notices, and other forms of documentation for the Commission. I communicated through various means with clients, adjusters, and other attorneys on matters relating to case files. I attended and assisted with hearing preparation meetings with clients at hearings at multiple Commission venues in Maryland. I performed legal research as required. I utilized my comprehensive knowledge of statutes and regulations authorizing actions, as well as a working knowledge of procedural rules and regulations such as the Maryland Rules of Civil Procedure and Maryland Workers' Compensation Commission guidelines sufficient to meet all procedural requirements inherent in the types of issues with which I dealt. I assisted other paralegals in spot checking work for technical soundness and accuracy. LAW OFFICES OF JAMES J. FARLEY, ESQUIRE, Baltimore, MD Senior Litigation Paralegal, August 2009-July 2011; Paralegal, May 2008-August 2009 Practice Areas: MD personal injury, workers compensation, general litigation I independently handled all personal injury files in litigation. I performed a variety of legal duties such as scheduling and attending depositions of clients, healthcare providers, and witnesses; performing client interviews, intake, and case management; acting as the primary contact for health insurance subrogation matters; drafting and finalizing pleadings and other court documents; negotiating settlements on behalf of clients; drafting and finalizing all correspondence to clients, 33

34 opposing counsel, insurance carriers, and medical providers; and performing legal research as required. I utilized my comprehensive knowledge of statutes and regulations authorizing actions, as well as a working knowledge of procedural rules and regulations such as the Maryland Rules of Civil Procedure and appellate procedures sufficient to meet all procedural requirements inherent in the types of issues with which I dealt. I advised the supervisory attorney on relevant statutes and case law applicable to various ongoing litigation proceedings. I made assignments in the office to lower graded personnel by defining objectives, priorities, and deadlines. I spot checked work for technical soundness, appropriateness, and conformity to requirements. I assisted other paralegals in other practice departments as needed. EDUCATION UNIVERSITY OF BALTIMORE SCHOOL OF LAW, Baltimore, MD J.D., early graduate, May 2011; GPA: 3.0 Activities: Student Animal Legal Defense Fund, Vice President Maryland Association for Justice, Member SHEPHERD UNIVERSITY, Shepherdstown, WV B.A. in Psychology, early graduate, December 2007; GPA: 3.4 Activities: Psi Chi Honor Society, Dean s List MEMBERSHIPS AND BOARDS Maryland State Bar, Admitted December 2011 Region 9 Planning and Development Council Councilwoman City of Martinsburg Appointee Local Emergency Planning Committee Berkeley County Representative Subcommittee: Stop the Bleed Active Shooter Scenario Training Funding Coordinator Leadership Berkeley 2020 Alumni SPECIALIZED SKILLS AND CERTIFICATIONS WV Infrastructure and Jobs Development Council Certified Project Manager, 2014 Advanced Grant Proposal Writing, James Rumsey Technical Institute, 2014 E0273 Managing Development in the Floodplain, FEMA Emergency Management Institute, 2017 E0705 The Fundamentals of Grant Management, FEMA Emergency Management Institute, 2018 Benefit-Cost Analysis Fundamentals, FEMA Independent Study, 2018 Fundamentals of Emergency Management, FEMA Independent Study, 2018 Leadership and Influence, FEMA Independent Study, 2018 Introduction to FEMA s Public Assistance Program, FEMA Independent Study, 2018 Proficient in LexisNexis and Westlaw online legal databases Proficient in QuickBooks Professional and Microsoft Office Suite PROJECT MANAGEMENT TRAINING/WORKSHOPS Grant Professionals Association National Conference, 2019 BAD Buildings Summit, 2017 HUD Section 3 Environmental Review Training, 2016 BAD Buildings/Property Rescue Initiatives Training, 2016 EPA Brownfields Cleanup Grant Training, 2016 ARC Non-construction Projects Training, 2016 HUD Promise Zone Competition Training,

35 HUD Part 58 Request for Release of Funds Training, 2016 USDA Strategic Economic and Community Development Program Training, 2016 Levitt AMP Your City Grant Training, 2016 Legal Tools to Address Dilapidated Properties Training, 2016 Source Water Assessment and Protection Training, 2015 Workforce Innovation and Opportunity Act Training, 2015 Economic and Workforce Development Collaboration Best Practices Training, 2015 Substance Abuse Treatment (SAMHSA Grant) Workshop, 2015 Main Street/ONTRAC Workshops, 2014, 2015 Good Governance for 501c3 Nonprofits Workshop, 2015 Environmental Finance Center Leadership Training, 2014 West Virginia Development Office Small Cities Block Grant (SCBG) Training,

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43 ORDINANCE AN ORDINANCE OF THE CITY OF MARTINSBURG AUTHORIZING THE CITY MANAGER TO EXECUTE NECESSARY DOCUMENTS TO PURCHASE THE PROPERTY KNOWN AS 127 W. COMMERCE STREET (MARTINSBURG MAP 10, PARCEL 404; DEED BOOK 1237/ PAGE 695) FOR THE AMOUNT OF SEVENTY- FIVE THOUSAND DOLLARS ($75,000) FROM VINCO DEVELOPMENT CORPORATION. WHEREAS, the Mayor and Council have determined that it is in the best interest of the public to acquire real property for public purposes; and WHEREAS, pursuant to W. Va. Code the City of Martinsburg may purchase real property as may be necessary and suitable for the performance of its functions; and WHEREAS, Vinco Development Corporation is the owner of real property known as 127 W. Commerce Street, Martinsburg, West Virginia which is designated as Tax Map 10, Parcel 404 and detailed in Deed Book 1237, page 695 recorded in the Berkeley County s Clerks Office. WHEREAS, Vinco Development Corporation is interested in voluntarily selling to the City of Martinsburg the real property described above and such property is suitable public purposes; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Martinsburg, West Virginia, as follows: Section 1. The City of Martinsburg is hereby authorized, pursuant to W. Va. Code to acquire the real estate known as 127 Commerce Street, Martinsburg, West Virginia which is designated as Tax Map 10, Parcel 404 and detailed in Deed Book 1237, page 695 recorded in the Berkeley County s Clerks Office for an amount not to exceed $75,000 plus associated closing costs. Section 2. The Mayor, City Manager, City Attorney, and any other appropriate City employee or elected official are hereby authorized and directed to enter a contract, attend closing thereon and execute all other documents as may be required or appropriate to accomplish the above purpose, subject to the City 43

44 Attorney reviewing and approving the form and content of such contracts or document. Section 3. All ordinances and resolutions or parts thereof inconsistent with the Ordinance are repealed. Section 4. If any section, paragraph, subsection, clause, or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall only apply to the section, paragraph, subsection, clause, or provision so adjudged and the remainder of this Ordinance shall be deemed valid and enforceable. Section 5. This Ordinance shall take effect upon its third and final reading. INTRODUCED: ADOPTED: Harriet Johnson, Mayor Attest: Gena Long, City Recorder 44

45 ORDINANCE NO AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE CODIFIED ORDINANCES. WHEREAS, certain provisions within the Codified Ordinances should be amended to conform with current State law, and WHEREAS, various ordinances of a general and permanent nature have been passed by Council which should be included in the Codified Ordinances; and WHEREAS, Council has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such revision which is before Council in the form of replacement pages to the Codified Ordinances; now therefore: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARTINSBURG, WEST VIRGINIA: SECTION I. That the ordinances of the City of Martinsburg, West Virginia, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, chapters, articles and sections within the 2020 Replacement Pages to the Codified Ordinances are hereby approved and adopted. SECTION II. That the following sections and articles are hereby added, amended or repealed as respectively indicated in order to comply with current State law. Traffic Code Authorized Emergency Vehicle Defined. (Amended) Electric Bicycles Defined. (Added) Moped Defined. (Amended) Driving Under the Influence. (Amended) Participation in Motor Vehicle Alcohol Test and Lock Program. (Amended) Electric Bicycles. (Added) Part Five - General Offenses Code Obstructing or Giving False Information to an Officer; Fleeing. (Amended) False Fire Alarm. (Repealed) Liquor Control Definitions. (Amended) Acts Prohibited By Non-intoxicating Beer Licensee. (Amended) Weapons and Explosives Definitions. (Amended) Display or Sale of Deadly Weapons. (Amended) 45

46 SECTION III. That is ordinance shall become effective upon passage, in the manner required by law. INTRODUCED: January 14, 2021 ADOPTED Mayor ATTEST: City Recorder 46

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