June 25, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 25th day of June, 2024, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councimembers present were: First District Second District Third District Fourth District Fifth District Sixth District Seventh District Eighth District Absent: Ninth District Also present were: City Manager City Attorney City Clerk Planning Director Finance Director Utility Manager IN RE: Joshua D. (Josh) Rice Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Charles (Chuck) Warner Gia Deasy Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait Priscilla Hamilton John Carson Communications Manager David Kirk EXCUSE COUNCILMEMBER NUZUM Mayor Bolyard entertained a motion to excuse Councilmember Nuzum from tonight's meeting. The motion was seconded by Councilmember Deasy. The Mayor declared Councimember Nuzum excused from the meeting by voice vote of Council. IN RE: OPENING CEREMONIES Rev. Roger Thrower gave the invocation followed by the Pledge of Allegiance to the Flag led by Councimember Sole. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on June 11, 2024. She asked if there Councimember Sole moved to approve the minutes as submitted. The motion The Mayor declared the minutes approved as submitted by voice vote of were any corrections, deletions, or amendments. was seconded by Councimember McDaniel. Council. PUBLIC HEARINGS No public hearings were scheduled for this meeting. ANNOUNCEMENIS IN RE: MISCELLANEOUS ANNOUNCEMENTS Councimember: Moran reported the following: The next Cultivate workshop will be July 11th at 5:30 p.m. at Windmill 228, the Art Gallery on Adams Streets, their next exhibit opens July 6th with an opening reception from 6:00 p.m. to 9:00 p.m. The MCPARC Community Band will have their summer concert on July 8th at East Fairmont High School at 7:30 p.m. Park. They will be working on team building. IN RE: ATTENDING GRAND OPENING FOR LOVING WV Councimember Warner stated that he attended the grand opening of Loving WV. He said that he was glad to see a new business open and wished them Councimember Deasy also reported that she attended the grand opening. well. She noted that it is a fun little store. IN RE: GOVERNOR'S HONOR ACADEMY 2 Councilmember Deasy stated that the Governor's Honor Academy is on their last week at FSU. IN RE: UNDERSTANDING CITIZENS CONCERNS Councilmember Deasy stated that for the folks that have contacted her, she wants them to understand that yes, we hear you and yes, our eyes are on this. She said that she had some phone calls with concerns about homeless folks that are on the streets and about a person living in a tent on 9th Street. She went on to say that she received phone calls asking how aware Council was that this was a concern and a problem. She wanted folks to know that Council is aware and we know that it is a problem and it is a little complicated as to how to approach it but there have been groups meeting to address it. IN RE: POP-UP BUSINESSES Councilmember Deasy also mentioned that she has received phone calls having to do with Pop-Up Businesses in residential areas. She noted that citizens were asking about parking for these pop-up businesses and how does that work. She wanted to reassure folks that we are aware of that concern and the police department is also aware of the concerns about parking on Mayor Bolyard also said that we do hear you and we do take those concerns seriously and we do work together with our City Manager and staff to resolve sidewalks and off streets and inappropriate ways. them as soon as possible. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER'S REPORT Mr. Blosser reported the following items: Bellview area had a severe water leak today and the crews are still down there working. We are very close to getting that back up and water flowing again. He then commended the field services crew that have been out there all day. He encouraged everyone to thank those guys Regarding the Pop-Up Businesses, he, too, has received phone calls regarding the one at 7th Street and Benoni Avenue. He said that this issue needs to be addressed and fixed and there is a loophole within specifically that neighborhood of mixed-use section of the Zoning Code. for the work they do every day. 3 He has already had conversations with the Director of Planning and he anticipates that will be a topic of discussion at a future Planning Commission meeting soon. He said we get it, everyone is hearing this, and there is a process which that goes through and we will work to make sure that process is there. Itis important that the Planning Commission members hear from residents around some of those issues. Norwood Park - the bid is out and the bid opening is expected to be late At the last work session, conversations were had about sidewalk improvements across the city and the need for additional sidewalk improvements. He said staff will continue to have meetings around sidewalk development and trying to establish a more regimented PODA Development (Public Outdoor Designated Refreshment Areas) = we have seen other cities roll this out and we are starting to develop and pull information from them. He noted that this will be a work session in which we will invite a lot of the business folks that would potentially be involved. That section of that would be located within the downtown core as well as expand into Merchant Street and may Reminder of the July 9th work session at 5:00 p.m. regarding the Opioid Distribution Funds. There will be a presentation from our Grant Administrator on some of our recommendations. We are anticipating this to be a free-flowing discussion and already have had conversations with some folks particularly the alrmontMorgantown Housing Authority and Valley Health. He wants to get a good movement started Mamma Di Roma restaurant at 323 Adams Street is back open. July 2nd will be the 10th year anniversary of The Joe in downtown July or early August. sidewalk program that we can work to implement. encompass the Palatine Park area. on this topic. Fairmont. A 10-year ribbon cutting will be held. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT RE-ALLOCATING AND RE-AUTHORIZING CERTAIN ARPA FUNDS PREVIOUSLY ALLOCATED AND AUTHORIZED FOR INITIATIVES AND PROJECTS RELATING TO IMPROVING THE PUBLIC HEALTH AND LESSENING 4 THE ECONOMIC IMPACT OF COVID 19, AND REAUTHORIZING AND RE- The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution re- allocating and re-authorizing certain ARPA Funds previously allocated, ALLOCATING SAID FUNDS Motion: Councimember McDaniel moved for the adoption of the proposed resolution. Councilmember Deasy 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 AIRPORT AUTHORITY, UNEXPIRED TERM TO END OCTOBER 1, 2025 Mayor Bolyard entertained a motion for one appointment to the Fairmont Airport Authority for an unexpired term ending October 1, 2025. Motion: Councilmember Rice moved to appoint Dan Swiger to the Fairmont Airport Authority for an unexpired term ending October 1, 2025, The motion was The Mayor declared Dan Swiger appointed to the Fairmont Airport Authority for an unexpired term ending October 1, 2025 by unanimous vote of Council. seconded by Councilmember Deasy. IN RE: ONE APPOINTMENT, FAIRMONT PLANNING COMMISSION, UNEXPIRED TERM TO END SEPTEMBER 17, 2026. Mayor Bolyard entertained a motion for one appointment to the Fairmont Planning Commission for an unexpired term ending September 17, 2026. Motion: Councilmember McDaniel moved to appoint Terry Burton to the Fairmont Planning Commission for an unexpired term ending September 17, 2026. The motion was seconded by Councllmember Moran. 5 The Mayor declared Terry Burton appointed to the Fairmont Planning Commission for an unexpired term ending September 17, 2026 by unanimous vote of Council. IN RE: ONE APPOINTMENT, BOARD OF ZONING APPEALS ALTERNATE, TERM TO END JUNE 25, 2025 Mayor Bolyard entertained a motion for one appointment to the Board of Zoning Appeals Alternate for a term ending June 25, 2025. Motion: Councimember Deasy moved to appoint Steven Ray to the Board of Zoning Appeals as an Alternate for a term ending June 25, 2025. The motion was The Mayor declared Steven Ray appointed to the Board of Zoning Appeals as an Alternate for a term ending June 25, 2025 by unanimous vote of Council. seconded by Councimember Rice. IN RE: ONE APPOINTMENT, BOARD OF ZONING APPEALS ALTERNATE, TERM TO END JUNE 25, 2026 Mayor Bolyard entertained a motion for one appointment to the Board of Zoning Appeals Alternate for a term ending June 25, 2026. Motion: Councimember Rice moved to appoint Shawna Santee to the Board of Zoning Appeals as an Alternate for a term ending June 25, 2026. The motion was The Mayor declared Shawna Santee appointed to the Board of Zoning Appeals as an Alternate for a term ending June 25, 2026 by unanimous vote of Council. seconded by Councimember Garcia. IN RE: ONE APPOINTMENT, BOARD OF ZONING APPEALS ALTERNATE, TERM TO END JUNE 25, 2027 Mayor Bolyard entertained a motion for one appointment to the Board of Zoning Appeals Alternate for a term ending June 25,2 2027. Motion: 6 Counclimember Sole moved to appoint Steven Roberts to the Board of Zoning Appeals as an Alternate for a term ending June 25, 2027. The motion was The Mayor declared Steven Roberts appointed to the Board of Zoning Appeals as an Alternate for a term ending June 25, 2027 by unanimous vote of Council. seconded by Counclmember Rice. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM TO END JUNE 30, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2027. Motion: Councimember Deasy moved to re-appoint Rebecca Moran to the Arts and Humanities Commission for a three-year term ending June 30, 2027. The motion was seconded by Councimember Rice. The following votes were recorded: Councilmember McDaniel Councimember Warner Councilmember Moran Councilmember Garcia Yes Yes Abstain Yes Counciimember: Rice Councilmember: Deasy Councilmember Sole Mayor Bolyard Yes Yes Yes Yes The Mayor declared Rebecca Moran re-appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2027 by majority vote of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM TO END JUNE 30, 2027. Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2027. Motion: Councilmember McDaniel moved to appoint David Kirk to the Arts and Humanities Commission for a three-year term ending June 30, 2027. The motion was seconded by Councilmember Sole. 7 The Mayor declared David Kirk appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2027 by unanimous vote of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM TO END JUNE 30, 2027. Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2027. Motion: Councimember Moran moved to appoint Dawn Blankenship to the Arts and Humanities Commission for a three-year term ending June 30, 2027. The The Mayor declared Dawn Blankenship appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2027 by unanimous vote motion was seconded by Councilmember Sole. of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM TO END JUNE 30, 2027. Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2027. Motion: Coundilmember Deasy moved to appoint Gregory DeVito to the Arts and Humanities Commission for a three-year term ending June 30, 2027. The The Mayor declared Gregory DeVito appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2027 by unanimous vote motion was seconded by Councilmember Sole. of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2025. Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2025. Motion: 8 Counclimember Warner moved to appoint Rebecca Cepek to the Arts and Humanities Commission for an unexpired term ending June 30, 2025. The The Mayor declared Rebecca Cepek appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2025 by unanimous vote motion was seconded by Counclimember Rice. of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2025. Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2025. Motion: Counciimember Rice moved to appoint James Matthews to the Arts and Humanities Commission for an unexpired term ending June 30, 2025. The The Mayor declared James Matthews appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2025 by unanimous vote motion was seconded by counciimember Garcia. of Council. IN RE: THANK YOU TO BOARD APPLICANTS Councllmember McDaniel stated that we had several appointments to boards and commissions and he thanked them for submitting their application and being willing to serve. He said that one of the hardest things to do is to fill our board and commission seats. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councimember Rice moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 7:24 seconded by Councilmember McDaniel. p.m. 9