FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 27, 2024 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGENDA I. CALL TO ORDER - Mayor Bolyard II. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk III. OPENING CEREMONIES A. Prayer/Meditation = B. Pledge Of Allegiance - Councimember Nuzum IV. APPROVAL OF MINUTES Regular Meeting - August 13, 2024 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2025 Duly Adopted April 9, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, To Provide For The Following: 1. $3,500.00 Base Pay Increase For Steel Workers. 2. Clarification Of The Payment Date For WVLE Certification Pay 3. Increase In The JATC Certification Pay For Firefighters To 4. $3,500 Base Pay Increase For All Non-Represented Non- For Police Officers. $500.00 Per Year. Exempt And Exempt Employees Pay Plans. 5. 2,500.00 Base Pay Increase For Certain Positions Covered By The All Employees Not Otherwise Provided For Pay Plan. 6. Increases In Certification Pay For Certain Classes Of Employees. 2. An Ordinance Of The City Of Fairmont Amending Subsection (A) - StRetSmRan2Cheor Section3- - SpeclalCharges Established And Imposed, Of Article 920 Street Sweeping, And Street Maintenance And Improvement And Police Protection Charges To Provide For The Elimination Of The Monthly Street Sweeping Charge. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT 1. Presentation from Fairmont Federal Credit Union VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2025 Duly Adopted April 9, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, To Provide For The Following: 1. $3,500.00 Base Pay Increase For Steel Workers. 2. Clarification Of The Payment Date For WVLE Certification Pay 3. Increase In The JATC Certification Pay For Firefighters To 4. $3,500 Base Pay Increase For All Non-Represented Non-Exempt 5. 2,500.00 Base Pay Increase For Certain Positions Covered By The All Employees Not Otherwise Provided For Pay Plan. 6. Increases In Certification Pay For Certain Classes Of Employees. 2. Adoption, An Ordinance Of The City Of Fairmont Amending Subsection (A) - Street Sweeping Charge Of Section 3 Special Charges EstabllshedAnd. Imposed, Of Article 920, StreetSweeping. And Street Maintenance And Improvement And Police Protection For Police Officers. $500.00 Per Year. And Exempt Employees Pay Plans. Charges To Provide For The Elimination Of The Monthly Street Sweeping Charge. B. NEW BUSINESS 3. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council For The City Of Fairmont Amending & Supplementing Chapter Five Officers And Departments, Article 143 Department Of Finance, Section 143.05 Reproduction Fees, To Provide For And Create A Fee Or Charge For The Production And/Or Reproduction Of Automobile Crash/Traffic 4. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council For The City Of Fairmont Authorizing, Approving And Providing For The Acquisition, Establishment And Construction Of Certain Public Improvement Projects, Namely: Coal Run Structural Evaluation & Repair Work Buffalo Creek Lift Station & Force Main Replacement Chlorine Room (WWTP) Structural Evaluation & Repair West Fork Lift Station Force Main Replacement New Chlorine Building (WWTP) Design & Construction To Be Funded In Part From The City Of Fairmont's American Rescue Plan (Arpa) Funds Allocated For Such Purposes, And Providing The City Manager Or His Designee With Authority To Do All Things Reasonable And Necessary In Connection 5. Adoption, A Resolution Providing For An Amendment To The City Of Fairmont's 2024-2025 Annual Budget: General Fund. 6. Adoption, A Resolution Of The Council Of The City Of Fairmont, Marion County, West Virginia, Adopting The Region VI Planning And Development Council's Mult-Jurisdictional Hazard 7. One Re-Appointment, Fairmont Parking Authority, Three-Year 8. One Appointment, Fairmont Airport Authority, Three-Year Accident Reports. Therewith. Mitigation Plan Update For City Of Fairmont. Term to End September 20, 2027. Unexpired Term To End October 1, 2025. IX. ADJOURNMENT MINUTES 8/13/2024 August 13, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 13th day of August, 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 Fourth District Fifth District Sixth District Eighth District Ninth District Absent: Third District Seventh District Also present were: City Manager City Attorney City Clerk Planning Director Utility Manager Utility Controller Program Manager IN RE: Joshua D. (Josh) Rice Anne E. Bolyard Richard (Rick) Garcia Charles (Chuck) Warner Gia Deasy Bruce McDaniel Kandice (Kandi) Nuzum Rebecca Moran Julia (Julie) Sole Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait John Carson Mark Moore Brian Stewart Communications Manager David Kirk EXCUSE COUNCILMEMBERS MORAN AND SOLE Mayor Bolyard moved to excuse Councimembers Moran and Sole from this meeting. The motion was seconded by Councilmember McDaniel. The Mayor declared Councimembers Moran and Sole excused from this meeting by voice vote of Council IN RE: OPENING CEREMONIES Rev. Nici Masters, of the Gateway United Methodist Church, gave the invocation followed by the Pledge of Allegiance to the Flag led by Councimember Nuzum. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on July 23, 2024. She asked if there Councimember McDaniel moved to approve the minutes as submitted. The The Mayor declared the minutes approved as submitted by voice vote of were any corrections, deletions, or amendments. motion was seconded by Councilmember Warner. 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 REDEFINE JUNKYARD AS JUNKYARD OR SALVAGE CENTERS. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code to redefine Junkyard as Junkyard or Salvage Centers. The Mayor asked if anyone present desired to speak to the proposed Shae Strait, Director of Planning, spoke in favor of the proposed ordinance. He said it was heard on June 5, 2024 by the Planning Commission and forwarded to City Council with unanimous favorable recommendation. This There being no one to speak, the public hearing was called to a close at 7:05 ordinance. particular ordinance redefines the terms. p.m. 2 IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE5.0. SITE STANDARDS AND MORE PARTICULARLY SECTION 5.4 PARKING TO CREATE MAINTENANCE STANDARDS FOR DRIVEWAYS AND PARKING LOTS, AND TO CREATE REGULATIONS AND STANDARDS FOR PARKING ON LANDSCAPED AREAS. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 Site Standards, particularly Section 5.4 Parking, of the Planning and Zoning Code, to create standards for driveways and parking lots and to create regulations and standards for parking on Landscaped Areas. The Mayor asked if anyone present desired to speak to the proposed Shae Strait, Director of Planning, spoke in favor of the proposed ordinance. He explained that this ordinance does create maintenance standards for driveways, creates standards for loop driveways within the front yard, updates the graphics related to driveways to be more consistent, creates a standard for a type of gravel that may be used in driveways, and expands upon the parking on landscaping standards to reflect a ruling on an earlier case by the Board of Zoning Appeals. This was also heard on June 5, 2024 and was forwarded to City Council with a unanimous favorable recommendation. Councilmember Deasy mentioned that since she is on the Planning Commission, it was pretty impressive the work that the Planning Commission did. These ordinances were pretty thoughtfully and carefully reviewed. There being no one to speak, the public hearing was called to a close at 7:06 ordinance. p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE. 5.0. SITES STANDARDSAND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENTTO REPEAL AND REPLACE CERTAIN REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10 ACCESSORY BUILDINGS AND S7RUCTURES TO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS UNDER THE CIRCUMSTANCES AS DESCRIBED. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 Site Standards, particularly Section 5.9 Refuse Containment and Mechanical Equipment, of the Planning and Zoning Code, relating to garbage and refuse container enclosures and Section 5.10 3 Accessory Buildings and Structures, to permit accessory structures in certain The Mayor asked if anyone present desired to speak to the proposed Shae Strait, Director of Planning, said on June 5, 2024, the Planning Commission heard this item as well. He went on to say that they forwarded itt to Council with a unanimous favorable recommendation and does exactly what is stated in the synopsis. It also helps to clarify structures which are There being no one to speak, the public hearing was called to a close at 7:07 yards. ordinance. exempt from permit requirements. p.m. 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 REDEFINE CHILD CARE CENTER, CHILD CARE FACILITY, AND CHILD CARE HOME AS DAY CARE CENTER, DAY CARE FACILITY, AND DAY Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code, particularly Section 2.2, to redefine Child Care Center, Child Care Facility and Child Care Home as Day Care Center, Day Care Facility and The Mayor asked if anyone present desired to speak to the proposed Shae Strait, Director of Planning, spoke to this ordinance and the next two ordinances. These were also heard on June 5, 2024 by the Planning Commission and were forwarded to Council with unanimous favorable recommendations to City Council. They pertain to day care facilities. The first one updates our definitions and language in the ordinance to have more inclusive and universal language pertaining to these types of businesses. The next one also changes the permitted use chart to create more permissive nature for these businesses to accommodate the needs for our community and various zoning districts and then the last one is a small adjustment to the use standards, which is item #6 on the agenda, to place our standards more in line with State Code. He added that this was initiated by a local business CARE HOME, RESPECTIVELY. Day Care Home. ordinance. 4 owner and then brought forth to the Planning Commission and then brought There being no one to speak, the public hearing was called to a close at 7:10 to City Council. p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRIC7S 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: MAKE DAY CARE FACILITY A PERMITTED USE IN NEIGHBORHOOD MIXED USE (NMU) DISTRICT; AND MAKE CHILD CARE CENTER CONDITIONALLY PERMITTED Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to make Day Care Facility a permitted use in Neighborhood Mixed Use and make Child The Mayor asked if anyone present desired to speak to the proposed There being no one to speak, the public hearing was called to a close at 7:11 THEREIN. Care Center conditionally permitted. ordinance. 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 AND MORE PARTICULARLY SECTION 4.7 DAY CARE BUSINESSES TO MODIFY THE USE Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code, particularly Section 4.7 Day Care Businesses, to modify the Use Standards The Mayor asked if anyone present desired to speak to the proposed There being no one to speak, the public hearing was called to a close at 7:12 STANDARDS RELATING THERETO. relating thereto. ordinance. p.m. 5 IN RE: OF RIGHTS. AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance providing for the public auction of surplus personal property of the City of The Mayor asked if anyone present desired to speak to the proposed There being no one to speak, the public hearing was called to a close at 7:13 Fairmont. ordinance. p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, NAMELY: CERTIFICATION # 2023-C-000031 2023-C-000038 DESCRIPTION LT CLEVELAND AVE, FAIRMONT FAIRMONT CORP BLK BLT 2 WALNUT AVE (PLAT 59-A-E), FAIRMONT FAIRMONT CORP 2023-C-000080 2023-C-000095 2023-C-000097 2023-C-000103 2023-C-000105 2023-C-000140 2023-C-000141 2023-C-000154 LT 24A FENNIMORE ST (PLAT 743-162,FAIRMONT BLK 5 LT1 WATSON AVE (PLAT 509-485), FAIRMONT FAIRMONT CORP BLK 6 LT 4 CLIFF AVE (PLAT 171-362)FAIRMONT FAIRMONT CORP PT LT HIGH ST, FAIRMONT FAIRMONT CORP LTM MONROE ST, FAIRMONT FAIRMONT CORP PT LS 25-26 HOWARD ST, FAIRMONT FAIRMONT PT LT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP BLK 20 LOT 2 ELK AVE (PLAT 424-351), FAIRMONT FAIRMONT CORP CORP FAIRMONT CORP 6 2023-C-000185 2023-C-000186 2023-C-000199 2023-C-000200 12701 SQFT OR 0.3014 AC HAYMOND ST, PT LT STEVENS ALLEY, FAIRMONT UNION CORP LOT 32 OREGON AVE, FAIRMONT WINFIELD CORP LOT 31 OREGON AVE, FAIRMONT WINFIELD CORP FAIRMONT UNION CORP BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASER(S) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance providing for and authorizing the purchase of certain parcels of real estate The Mayor asked if anyone present desired to speak to the proposed Brian Stewart, Program Manager for Vacant Buildings, spoke in favor of the proposed ordinance. He said that the City bid on all of these buildings at the state tax sale. He noted that the first and last one on the list are vacant properties, however, all others have dilapidated structures on them. He said that just because we bid on them does not mean we are going to get them; There being no one to speak, the public hearing was called to a close at 7:15 RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION. situate in the City of Fairmont. ordinance. some of them may be redeemed. p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, IMPROVEMENT PROJECT, NAMELY THE POTABLE WATER STORAGE TANKS COATING, REPAIR AND MODIFICATION PROJECT, TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND ESTABLISHMENT AND CONSTRUCTION OF THAT CERTAIN PUBLIC NECESSARY IN CONNECTION THEREWITH. 7 Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance approving the coating, repair, and modification to the potable water storage The Mayor asked if anyone present desired to speak to the proposed John Carson, Utility Manager, spoke in favor of the ordinance. He stated that this project is a needed project and will paint the potable water tanks that serve our system. He added that it is much needed and is in part of the ARPA tanks to be funded from the City of Fairmont's ARPA Funds. ordinance. funding and Water funding as well. Councilmember McDaniel asked what tanks are getting painted. Mr. Carson replied the Watson tank, the Sterling tank, and the Clearwell. There being no one to speak, the public hearing was called to a close at 7:17 p.m. ANNOUNCEMENTS IN RE: SCHOOL STARTING Councimember Garcia reminded everyone that school will be starting on Councilmember Deasy also mentioned for everyone to remember that the school buses are running next week and the stop signs they put out are very August 21st. important. IN RE: NATIONAL NIGHT OUT Councilmember Warner stated that he enjoyed the National Night Out sponsored by the Police Department. IN RE: MVA EVENT Councimember Warner announced that MVA had a carnival-like atmosphere and was well attended. IN RE: WVML CONFERENCE Councimember Deasy mentioned some of the training sessions that were held 8 at the WV Municipal League Conference last week in Huntington. Some of the seminars were very similar to the concerns that we have here in Fairmont. She mentioned that a lot of towns and cities are concerned about their water supply and what they have to do to keep their water viable and up-to-date. She added that we are not the only ones addressing homelessness and the concern of drug addiction and what that does to the community. IN RE: MARION COUNTY CONVENTION AND VISITORS BUREAU Councilmember Nuzum passed out a little booklet from the CVB and it is a tour on pepperoni rolls. It tells you all about pepperoni rolls and every place you can buy one around here. IN RE: NEED FOR POLL WORKERS Councilmember Nuzum also mentioned that there is a need for poll workers. If anyone would like to be a poll worker, please contact the Marion County Clerk's Office, and let them know. IN RE: RECOGNITIONS ANNOUNCED Mayor Bolyard announced the following: Congratulations to the two members of the Fairmont Fire Department that were promoted this week. Bob Sliger was promoted to the rank of Captain and Eric Brubaker was promoted to the rank of Lieutenant. congratulations to Captain Sliger with 24 years of service. Congratulations to Lieutenant Brubaker with 17 years of service. Congratulations to Paula Friend with 25 years of service. Congratulations to Michael Bragg with 32 years of service. Congratulations to Gary Moore who will be retiring from Utility Field Services as Supervisor after 31 years of service. CITIZENS PETITIONS IN RE: WINDMILL PARK Bennie and Elise Kyle, 139 Bourbon Street, addressed Council for not installing playground equipment at Windmill Park. He said that for the past four months he has called the City about the park telling them how dangerous it is and how the workers brought their equipment there in May and still come everyday for eight hours and sit around. He went on to say that he called the City Manager and does not receive a call back. He added that all summer is done. He said that the area is unsafe for children to play in and that the site has holes and other dangers. He stated that nobody cares about that neighborhood. 9 After a lengthy presentation, Mr. Blosser responded. Mr. Blosser explained that the playground equipment should have been installed a long time ago. He said that he has had a couple conversations with Councilmember Garcia and other members of City Council, that is unacceptable. He said that our workers, given how large that equipment is, were not capable of installing that equipment in a timely manner. He went on tos say that the City made a mistake by not having the equipment supplier do the installation as well. He added that the City is moving forward with that company to have it installed by September and that the City would learn from the mistake. He said that he cannot fix was happened in the past and he Councilmember Rice agreed to meet with Mr. Kyle at the park to look at the understood the frustration, it should have been installed. situation. IN RE: FERAL CAT ISSUE AND PARKING ISSUE Jerry Pinson, 331 Marion Street, addressed Council regarding a feral cat issue in the Marion Street neighborhood. He said that the feral cats are getting worse. The people on May Street and Lee Street baits them in and feeds them and the people on Marion Street has to suffer for it. The landscape looks like a cat litter box. He would like to get some help from the City or for the Humane Society to try to trap them like they did about three years ago and take them away. He stated that he asked one lady to stop feeding them and she told him that they are her cats. He said, if SO, put them in the house. He Mr. Pinson said that another issue they have in the neighborhood is about parking. He said that if someone is parked at the corner of Marion and Euclid Street, cars cannot get through. He said that first responders will not be able Mayor Bolyard told Mr. Pinson that the City will look into it and get back with said there are about 40+ cats in the neighborhood. to get through if they had a call in that area. him. CITY MANAGER'S REPORT Mr. Blosser reported the following items: Hev was thrilled to attend the WV Municipal League Conference last week in Huntington. The conference is always scheduled the same week as National Night Out sO, hopefully, next year the conference will be up this way SO that he and Council can attend the National Night Out. 10 Congratulations to Mayor Bolyard for being appointing to the WVML There is a resolution on tonight's agenda for MVA Clinic which is similar Agenda Item #11 is an ordinance for a reduction or elimination of the street sweeping charge. The charge is currently .63 cents per month and that fee was originally, when imposed, was .90 cents per month and then lowered to .63 cents per month. We have made a determination that based on our existing contractual relationships with Republic Services, this fee came into existence in order to dispose of the materials from the street sweeper in an environmentally friendly manner but Republic Services is handling that for us now. Agenda Item #10, Pay Plan Ordinance, when he came on board as City Manager, one of his first tasks was to review the budget. He said that he listened back to tapes of budget work session that City Council had to get some familiarity with certain issues. One in particular, was we massively took care of issues we had around police officers and law enforcement and dramatic changes were made on the pay scale front of which they needed to be. There were some other items, after talking with Department Heads, that did not get into that same line and we moved forward with a 3% pay increase for everybody else. After hearing from Department Heads, it all centered around from recruitment and retention and those two departments in particular were Utilities as well as Inspections but then quickly identified a number of deficiencies in our Finance Department and that started broadening the picture in terms of what we were looking at. We were not just looking at selective departments. Mr. Blosser said that he received correspondence from the IAFF about issues and discrepancies around certification pay between them and the law enforcement department and the changes made through the budgetary process. He mentioned that he has looked at a comparison of different positions across different cities in WV, particularly we targeted our communities close by to us and it was very difficult to do a really accurate comparison of salary figures because positions are all different, what is required of those jobs is different from city to city and they will have different names to those positions. He said that he provided a memo to Council with various positions and where those numbers were at. He then looked at the JATC certification for the fire department and how they can line that up with the WVLE that the police officers saw increases of. He went on to say that they provided certain options to the Union and they chose to increase the JATC to the level of which is there for law Board of Directors. to what has been done in the past. 11 enforcement. He said that he saw their perspective around the fact that both entities value significantly from a public safety perspective their certification and the work that goes into getting that certification. He then said that he looked at finding the money and part of working to be fiscally prudent and to stay within the confines of the existing budget that was set by Council, we found two vacancies within the FY25 budget of which had not been filled for a number of years and our intention is that if these changes would be implemented, we will zero those positions out within the existing budget. Other changes were around public employees' retirement and employer contributions. We were budgeting 13% for that and the requirement under PERS is 9.5%. We then lowered that to 11% rather than 13%. Then we moved on to the Property Casualty and Insurance changes that we implemented that saved us $664,000 across the board with all of our funds. Once we did that, we started looking at all of the changes and implementing those and based on those changes of the existing items that were budgeted, not including the Property Casualty and Insurance changes, the effective change to the existing line item of the salary line item was only a $20,000 to implement all of the changes of which is being recommended. Mr. Blosser said that after talking with a number of Department Heads, our collective bargaining units, what we have proposed is not solving everything. We have to stay up-to-date with what the costs of having exceptional employees that are giving all of their time to this city. While we provided a 3% raise, that got eaten into by inflation and by those PEIA changes and that had an effect that a3% raise then really was not fully a 3% raise. He went on to say that he had heard from Council issues around trying to ensure that our employees are making living wages, wages that they can take care of their family members and come to work as productive members of our work force. We are trying to accomplish that by making a mid-year change and going forward, we will continue to evaluate how we can make sure that we are keeping up with where the market is headed sO that we have the best, most qualified work force. He highlighted that if we pull statistics, based on looking at the numbers, more than 50% of our work force in the next three to five years will be eligible for retirement. That is a scary factor losing that kind of institutional knowledge and the work that they do for the City. He said that we are working to try to make steps in the right direction and he is certainly looking forward to the public hearing at the next Council meeting. He and Councilmember Deasy have been asked to serve as judges for the upcoming Tomato Festival this coming weekend. 12 CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE2.01 DEFINITIONSAND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE JUNKYARD AS JUNKYARD OR SALVAGE CENTERS The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code to redefine Junkyard as Junkyard or Salvage Centers. Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember Nuzum 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. 2041 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE. 5.0 SITE. STANDARDS AND MORE PARTICULARLY SECTION. 5.4 PARKINGTO CREATE MAINTENANCE STANDARDS FOR DRIVEWAYS AND PARKING LOTS, AND TO CREATE REGULATIONS AND STANDARDS FOR PARKING ON LANDSCAPED AREAS The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards, particularly Section 5.4 Parking, of the Planning and Zoning Code, to create standards for driveways and parking lots and to create regulations and standards for parking on Landscaped Areas. Motion: Councimember McDaniel moved for the adoption of the proposed ordinance. Councilmember Deasy 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. 2042 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENTTO REPEAL AND REPLACE CERTAIN REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10 ACCESSORY BUILDINGS AND STRUCTURES TO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS UNDER THE CIRCUMSTANCES AS DESCRIBED The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards, particularly Section 5.9 Refuse Containment and Mechanical Equipment, of the Planning and Zoning Code, relating to garbage and refuse container enclosures and Section 5.10 Accessory Buildings and Structures, to permit accessory structures in certain yards. Motion: Councimember Warner moved for the adoption of the proposed ordinance. Councilmember Nuzum 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. 2043 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE2.ODEFINITIONSAND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE CHILD CARE CENTER, CHILD CARE FACILITY, AND CHILD CARE HOME AS DAY CARE CENTER, DAY CARE FACILITY, AND DAY CARE HOME, RESPECTIVELY The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code, particularly Section 2.2, to redefine Child Care Center, Child 14 Care Facility and Child Care Home as Day Care Center, Day Care Facility and Day Care Home. Motion: Councimember Deasy moved for the adoption of the proposed ordinance. Councimember Warner 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. 2044 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: MAKE DAY CARE FACILITY A PERMITTED USE IN NEIGHBORHOOD MIXED USE (NMU) DISTRICT; AND MAKE CHILD CARE CENTER CONDITIONALLY PERMITTED THEREIN The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to make Day Care Facility a permitted use in Neighborhood Mixed Use and make Child Care Center conditionally permitted. Motion: councimember Nuzum moved for the adoption of the proposed ordinance. Councimember Rice 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. 2045 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 AND MORE PARTICULARLY SECTION 4.7 DAY CARE BUSINESSESTO MODIFY THE USE STANDARDS RELATING THERETO 15 The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code, particularly Section 4.7 Day Care Businesses, to modify the Use Standards relating thereto. Motion: Councimember Garcia moved for the adoption of the proposed ordinance. Councimember Warner 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. 2046 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance providing for the public auction of surplus personal property of the City of Fairmont. Motion: Councimember Warner moved for the adoption of the proposed ordinance. Councimember 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. 2047 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, NAMELY: 16 CERTIFICATION # 2023-C-000031 2023-C-000038 2023-C-000080 2023-C-000095 2023-C-000097 2023-C-000103 2023-C-000105 2023-C-000140 2023-C-000141 2023-C-000154 2023-C-000185 2023-C-000186 2023-C-000199 2023-C-000200 DESCRIPTION LT CLEVELAND AVE, FAIRMONT FAIRMONT CORP BLK BLT 2 WALNUT AVE (PLAT 59-A-E), FAIRMONT LT 24A FENNIMORE ST (PLAT 743-162),FAIRMONT BLK 5 LT1 1 WATSON AVE (PLAT 509-485), FAIRMONT FAIRMONT CORP BLK 6 LT 4 CLIFF AVE (PLAT 171-362)FAIRMONT FAIRMONT CORP PTI LT HIGH ST, FAIRMONT FAIRMONT CORP LT MONROE ST, FAIRMONT FAIRMONT CORP PT LS 25-26 HOWARD ST, FAIRMONT FAIRMONT PT LT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP BLK 20 LOT 2 ELK AVE (PLAT 424-351), FAIRMONT 12701 SQFT OR 0.3014 AC HAYMOND ST, PT LT STEVENS ALLEY, FAIRMONT UNION CORP LOT 32 OREGON AVE, FAIRMONT WINFIELD CORP LOT 31 OREGON AVE, FAIRMONT WINFIELD CORP FAIRMONT CORP FAIRMONT CORP CORP FAIRMONT CORP FAIRMONT UNION CORP BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASER(S) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance providing for and authorizing the purchase of certain parcels of real estate situate in the City of Fairmont. 17 Motion: Councimember Deasy moved for the adoption of the proposed ordinance. Councimember Warner 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. 2048 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF THAT CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY THE POTABLE WATER STORAGE TANKS COATING, REPAIR AND MODIFICATION PROJECT, TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance approving the coating, repair, and modification to the potable water storage tanks to be funded from the City of Fairmont's ARPA Funds. Motion: Councilmember McDaniel moved for the adoption of the proposed ordinance. Councimember Deasy 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. 2049 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2025 DULY ADOPTED APRIL 9, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR THE FOLLOWING: 18 1. $3,500.00 BASE PAY INCREASE FOR STEEL WORKERS. 2. CLARIFICATION OF THE PAYMENT DATE FOR WVLE CERTIFICATION 3. INCREASE IN THE JATC CERTIFICATION PAY FOR FIREFIGHTERS TO 4. $3,500 BASE PAY INCREASE FOR ALL NON-REPRESENTED NON- 5. 2,500.00 BASE PAY INCREASE FOR CERTAIN POSITIONS COVERED BY THE ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN. 6. INCREASES IN CERTIFICATION PAY FOR CERTAIN CLASSES OF PAY FOR POLICE OFFICERS. $500.00 PER YEAR. EXEMPT AND EXEMPT EMPLOYEES PAY PLANS. EMPLOYEES. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending the current Pay Plan to provide for certain base pay increases and certain increases in certification pay for certain classes of employees. Motion: Councimember Deasy moved for the introduction of the proposed ordinance. Councimember Nuzum seconded the motion. Discussion: councimember Deasy made a comment. She said that she was a public servant for 40 years of her life and sometimes we feel that we are not appreciated and pay is not commensurate with some other areas. She said that she would hope our city employees feel that they are valued and she really appreciated the effort that went through looking and finding the money. She added that some of these raises may not be the biggest raises in the world but she would hope that everyone knows they are appreciated. We value everyone that works for the City and we hope this is type of opportunity that other people would want to come in to the field. The Mayor declared the public hearing set for August 27, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING SUBSECTION (A) = STREET SWEEPING CHARGE OF SECTION 3 - SPECIAL CHARGES ESTABLISHED AND IMPOSED, OF ARTICLE 920 STREET SWEEPING, AND STREET MAINTENANCE AND IMPROVEMENT AND POLICE PROTECTION CHARGES TO PROVIDE FOR THE ELIMINATION OF THE MONTHLY STREET SWEEPING CHARGE. 19 The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending the Street Sweeping Charge to provide for the elimination of the monthly Street Sweeping Charge. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. The Mayor declared the public hearing set for August 27, 2024. IN RE: ADOPTION, RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE LIBRARY AFTER HOURS EVENT SPONSORED BY THE MARION COUNTY PUBLIC LIBRARY SYSTEM FOUNDATION TO BE HELD AT THE MARION COUNTY PUBLIC LIBRARY, 321 MONROE STREET, FAIRMONT, WEST VIRGINIA, ON TUESDAY, SEPTEMBER 10, 2024 AT 5:30 P.M. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution endorsing the Library After Hours event on Tuesday, September 10, 2024. Motion: Councimember McDaniel moved for the adoption of the proposed resolution. Councimember Nuzum seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. FAIRMONT, WEST VIRGINIA, SUPPORTING THE JOHN MANCHIN SR., HEALTH CARE CENTER AND OPPOSING ANY PLAN OR RECOMMENDATION THAT WILL CAUSE THE LOSS OF ACCESS TO THE CENTER OR THE HEALTHCARE The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution supporting the John Manchin Sr. Health Care Center and opposing any plan or IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF SERVICES IT PROVIDES 20 recommendation that will cause the loss of access to the Center or the Healthcare Services it provides. Motion: Councimember Warner 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. FAIRMONT IN SUPPORT OF MONONGAHELA VALLEY ASSOCIATION OF HEALTH CENTERS, INC'S EFFORTS TO RECEIVE FEDERAL GRANT FUNDING TO PROVIDE UNCOMPENSATED PRIMARY HEALTH CARE TO THE RESIDENTS OF NORTH CENTRAL WEST VIRGINIA, INCLUDING THE RESIDENTS OF THE The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution supporting Monongahela Valley Association of Health Centers' efforts to receive federal grant funding to provide uncompensated primary health care to the residents IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF CITY OF FAIRMONT AND MARION COUNTY, WEST VIRGINIA of North Central WV. Motion: Councimember McDaniel moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE CITY MANAGER APPOINTMENT, MARION REGIONAL DEVELOPMENT CORPORATION, (MRDC), INDEFINITE TERM, TO BE Mayor Bolyard entertained a motion for one City Manager appointment to Marion Regional Development Corporation (MRDC) for an indefinite term. CONFIRMED BY COUNCIL Motion: 21 Councilmember Rice moved to appoint Travis Blosser to the MRDC for an indefinite term. The motion was seconded by Councimember Nuzum. The Mayor declared Travis Blosser appointed to the MRDC for an indefinite term by unanimous vote of Council. TERM TO END AUGUST 24, 2029 IN RE: ONE RE-APPOINTMENT, ICC BOARD OF APPEALS, FIVE-YEAR Mayor Bolyard entertained a motion for one re-appointment to the ICC Board of Appeals for a five-year term ending August 24, 2029. Motion: Counclmember Deasy moved to re-appoint James Sonnenberg to the ICC Board of Appeals for a five-year term ending August 24, 2029. The motion The Mayor declared James Sonnenberg re-appointed to the ICC Board of Appeals for a five-year term ending August 24, 2029 by unanimous vote of was seconded by Councilmember Rice. Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Nuzum moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 8:10 seconded by Councilmember Rice. p.m. 22 PUBLIC HEARINGS PUBLIC HEARINGS August 27, 2024 1. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2025 Duly Adopted April 9, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, To Provide For The Following: 1. $3,500.00 Base Pay Increase For Steel Workers. 2. Clarification Of The Payment Date For WVLE Certification Pay 3. Increase In The JATC Certification Pay For Firefighters To 4. $3,500 Base Pay Increase For All Non-Represented Non- 5. 2,500.00 Base Pay Increase For Certain Positions Covered By The All Employees Not Otherwise Provided For Pay Plan. 6.1 Increases In Certification Pay For Certain Classes Of For Police Officers. $500.00 Per Year. Exempt And Exempt Employees Pay Plans. Employees. 2. An Ordinance Of The City Of Fairmont Amending Subsection (A) - Street Sweeping Charge Of Section3 Special Charges Established And Imposed, Of Article 920 Street Sweeping, And Street Maintenance And Improvement And Police Protection Charges To Provide For The Elimination Of The Monthly Street Sweeping Charge. ITEM - 1 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2025 DULY ADOPTED APRIL 9, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR THE FOLLOWING: 1. $3,500.00 BASE PAY INCREASE FOR STEEL WORKERS. 2. CLARIFICATION OF THE PAYMENT DATE FOR WVLE CERTIFICATION 3. INCREASE IN THE JATC CERTIFICATION PAY FOR FIREFIGHTERS TO 4. $3,500 BASE PAY INCREASE FOR ALL NON-REPRESENTED NON- 5. $2,500.00 BASE PAY INCREASE FOR CERTAIN POSITIONS COVERED BY THE ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN. 6. INCREASES IN CERTIFICATION PAY FOR CERTAIN CLASSES OF PAY FOR POLICE OFFICERS. $500.00 PER YEAR. EXEMPT AND EXEMPT EMPLOYEES PAY PLANS. EMPLOYEES. SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont provides for the modifications to the City's existing pay plan which was adopted by Ordinance No. 2025, which modifications are described in the ordinance title, and which modifications have been recommended by the City Manager. If this ordinance is adopted, the proposed modifications and changes will not become effective until September 30, 2024. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2025 DULY ADOPTED APRIL 9, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR THE FOLLOWING: 1. $3,500.00 BASE PAY INCREASE FOR STEEL WORKERS. 2. CLARIFICATION OF THE PAYMENT DATE FOR WVLE CERTIFICATION 3. INCREASE IN THE JATC CERTIFICATION PAY FOR FIREFIGHTERS TO 4. $3,500 BASE PAY INCREASE FOR ALL NON-REPRESENTED NON- 5. 2,500.00 BASE PAY INCREASE FOR CERTAIN POSITIONS COVERED BY THE ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN. 6. INCREASES IN CERTIFICATION PAY FOR CERTAIN CLASSES OF WHEREAS, pursuant to the provisions of West Virginia Code $8-5-12, the salary and compensation of the officers, positions, and employees of the City of Fairmont has been fixed by ordinance, being Ordinance No. 2025. PAY FOR POLICE OFFICERS. $500.00 PER YEAR. EXEMPT AND EXEMPT EMPLOYEES PAY PLANS. EMPLOYEES. WHEREAS, the City Manager has recommended the modifications to the WHEREAS, Council finds it reasonable and necessary to amend and supplement Ordinance No. 2025 to provide for the changes recommended by City's existing pay plan as set forth in the ordinance title. the City Manager. NOW, THEREFRE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Ordinance No. 2025 shall be and the same is hereby amended and supplemented as follows: (Matter to be deleted bracketed; new matter double underlined) Remainder of page blank CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES STEELWORKERS PAY PLAN EFFECTIVE DATE: [JULY 8, 2024] SEPTEMBER30.2024 Class Pay Grade 100 105 107 110 120 125 130 135 140 145 150 160 170 175 177 180 185 190 [Class Base Class Base [$24,861.00] $ 28,361.00 [$28,957.00] $ 32,457.00 [$34,353.00] $ 37,853.00 [$35,008.00] $ 38,508.00 [$35,008.00] $ 38,508.00 [$35,008.00] $ 38,508.00 [$36,158.00] $ 39,658.00 [$36,158.00] $ 39,658.00 $36,158.00] $ 39,658.00 [$36,158.00] $ 39,658.00 [$37,129.00] $ 40,629.00 [$37,129.00] $ 40,629.00 [$40,752.00] [$40,752.00] $ 44,252.00 [$40,752.00] $ 44,252.00 [$40,752.00] $ 44,252.00 [$40,752.00] $ 44,252.00 [$40,752.00] $ 44,252.00 Class Pay Title Auto Service Person Utility Accounting Clerk Inventory Control Clerk Pumber/Pipefiter Equipment Operator II Customer Service Representative Equipment Operator III Customer Service Representativel I Utility Equipment Operator Mechanic Operator Auto-Heavy Equipment Mechanic Traffic Skilled Technician Wastewater Treatment Plant Operator Water Treatment Plant Operator Wastewater Treatment Plant Mechanic Wastewater Treatment Plant Electrician Water Treatment Plant Electrician Lift Station Maintenance Technician Pay] Pay 44,252.00 ADDITIONAL COMPENSATION PSC Meter Certification $.39/hour WVDOH Roads Scholar $0.85/hour Longevity Pay $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Position Description Mandated CDL Certification -$0.75/hour Class I-I MWaterVastewater: $0.85/hour (passing exam $0.43/hr, required hours $0.42/hr) State of WVI Lab Certification (Microbiology) Water/Wastewater - $0.85/hour WVBPH Water Distribution System Certification $0.85/hour WVBPH Wastewater Collection System Certification $0.85/hour Position Description Mandated Backflow Coordinator Certification - $0.85/hour Shift Differential - $1.65/hour for the third (afternoon) shift Shift Differential - $1.85/hour for the first (midnight) shift Shift Differential - $1.85/hour for the 6:00 p.m. - 6:00 a.m. shift Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES FRATERNAL ORDER OF POLICE PAY PLAN EFFECTIVE DATE: [JULY 8, 2024] SEPTEMBER30.2024 Class Pay Grade 200 205 210 225 230 235 240 Class Pay Title Probationary Patrol Officer Patrol Officer Detective Sergeant Detective Sergeant Lieutenant Detective Lieutenant Class Base Pay $ 51,536.00 $ 57,699.00 $ 57,699.00 $ 63,116.00 $ 63,116.00 $ 69,787.00 $ 69,787.00 ADDITIONAL COMPENSATION Longevity Pay $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Police Officer Canine Pay-Minimum wage as established from time toi time by West Virginia Code $21-5C-2 with a maximum pay based on 10 hours per pay Base pay in lieu of Shift Differential - $0.45/hour Annual Uniform Cleaning Allowance of $605.80 - not included in base pay Police Officer with a Bachelor's Degree from Accredited College or University - $0.34/hour Officer in Charge hourly pay difference from Patrol Officer First Class to Sergeant for Officer in Charge hourly pay difference from Sergeant to Lieutenant for hours worked hours worked as Sergeant OIC as Lieutenant OIC Alternative Health Care Benefit $3,500.00 annually One time monetary incentive of $10,000.00, payable on the first payday following the date of hire, for recruitment of a newly hired Probationay Patrol Officer with an active and valid West Virginia Law Enforcement Certification; subject to reimbursement on a prorated basis within the first three years of employment for voluntary termination West Virginia Law Enforcement Certification Pay $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. ww.ECCerticaionpal is from date on certificate. notretroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS EFFECTIVE DATE: [JULY8, 2024] SEPTEMBER: 30,2024 Class Pay Grade 250 255 260 265 270 275 Class Base Pay $ 45,676.00 $ 47,934.00 $ 49,113.00 $ 51,678.00 $ 55,506.00 $ 60,848.00 Class Pay Title Probationary Firefighter Firefighter Apprenticeship Firefighter Apprenticeship II Firefighter Fire Lieutenant Fire Captain ADDITIONAL COMPENSATION Longevity Pay $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Alternative Health Care Benefit $3,500.00 annually Base pay in lieu of Shift Differential $0.40/hour Firefighter who holds a degree in Fire Science from Accredited College or University or al Firefighter with a Bachelor's Degree from Accredited College or University- $0.34/hour Fire Prevention and Training Officer Special Assignment Pay $10,000/annually Officer in Charge hourly pay difference from Firefigher to Fire Lieutenant for Officer in Charge hourly pay difference from Fire Lieutenant to Fire Captain for hours worked as Fire Lieutenant OIC in Central Station hours worked as Fire Captain OIC in Central Station JATC Certification (Joint Apprenticeship Training Committee) - $200.00/5500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [JULY8, 2024] SEPTEMBER30.2024 Class Pay Grade 305 310 315 321 325 330 331 335 340 345 355 360 361 362 370 371 400 405 410 415 420 425 430 435 440 441 442 443 444 445 450 455 456 460 470 475 480 481 485 486 [Class Base Pay] [$30,496.00] $ [$30,496.00] $ [$32,537.00] $ [$32,537.00] $ [$32,537.00] $ [$32,537.00] $ [$35,610.00] $ [$36,493.00] $ [$36,940.00] $ [$36,940.00] $ [$38,151.00] $ [$38,151.00] $ [$39,117.00] $ [$39,117.00] $ [$40,116.00] $ [$40,116.00] $ [$40,551.00] $ [$40,551.00] $ [$40,551.00] $ [$40,551.00] $ [$41,072.00] $ [$41,574.00] $ [$41,574.00] $ [$41,574.00] $ [$41,574.00] $ [$41,574.00] $ [$42,707.00] $ [$42,812.00] $ [$43,418.00] $ [$43,692.00] $ [$45,647.00] $ [$45,647.00] $ $45,647.00] $ [$45,647.00] $ Hourly Hourly Hourly Hourly Hourly Hourly Class Pay Title Parking Enforcement Officer Police Records Clerk Accounting Clerk Staff Assistant Deputy City Clerk Purchasing Assistant Delinquent Accounts Clerk Senior Accounting Clerk Senior Staff Assistant Executive Accounting Clerk Executive Staff Assistant Customer Relations Manager/Auditor Office Manager Purchasing Coordinator Accounts Payable Payroll Clerk Engineering Technician Construction Inspector Code Enforcement Officer Customer Service Supervisor Program Manager Municipal Court Clerk B&O Tax Manager Utility Billing Manager Code/Housing Officer Assistant IT Technician Maintenance Superintendent Administrative Assistant Assistant Planner (Planner I) Deputy Building Inspector Assistant Field Services Supervisor Assistant Supervisor/Meter CSR Assistant supervsorsiormwater Traffic Supervisor Seasonal Crossing Guards Part-time Parking Enforcement Officer Part-time Seasonal Employees Part-time Seasonal Code Enforcement Summer/Student Intern Appointment Part-Time Legal Assistant Class Base Pay 33,996.00 33,996.00 36,037.00 36,037.00 36,037.00 36,037.00 39,110.00 39,993.00 40,440.00 40,440.00 41,651.00 41,651.00 42,617.00 42,617.00 43,616.00 43,616.00 44,051.00 44,051.00 44,051.00 44,051.00 44,572.00 45,074.00 45,074.00 45,074.00 45,074.00 45,074.00 46,207.00 46,312.00 46,918.00 47,192.00 49,147.00 49,147.00 49,147.00 49,147.00 Hourly Hourly Hourly Hourly Hourly Hourly CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [JULY8, 2024] SEPTEMBER: 30, 2024 A. Position Related Certification Pay iUtility & Public Works Positions PSC Meter Certification $0.39/hour WVDOH Roads Scholar $0.79/hour Class I-I VWaterastewater- - $0.79/hour Position Description Mandated CDL Certification $0.75/hour State of WLab Certification (Microbiology) Water/Wastewater-s $0.79/hour WVBPH Water Distribution System Certification $0.79/hour WVBPH Wastewater Collection System Certification $0.79/hour i. Building Inspection & Code Enforcement Positions Certification in any discipline by passage of [BOCA or] ICC exam $0.3950.45/hour Asbestos Certification $0.39/9045/hour WV: State Journeyman Electrical License - [$0.39/5045/hour Building Code Official - $1.95/hour (replaces $0.39/hour individually) Electrical Code Official- - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official $1.95/hour (replaces $0.39/hour individually) B. Other Additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit $3,500.00 annually ADA Coordinator Special Assignment Pay - $1,500.00 Summer/Student Intern Appointment - $8.75 to $15.00 per hour Unclassified Groups/Positions Part Time and Seasonal Employees - Federal Minimum Wage Hourly to $15.00 per hour; Other Part-time positions calculated and paid at hourly rate for Class Pay Title Base Rate CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: [JULY 8, 2024] SEPTEMBER 30,2024 Class Pay Grade 532 533 535 540 545 546 549 550 555 560 561 570 575 580 585 590 Class Pay Title [Class Base Class Base [$46,547.00] $ 50,047.00 [$47,126.00] $ 50,626.00 [$51,660.00] $ 55,160.00 [$53,576.92] $ 57,076.00 [$54,796.00] $ 58,296.00 [$57,679.00] $ 61,179.00 [$57,679.00] $ 61,179.00 $57,873.00 $ 61,373.00 [$58,460.00] $ 61,960.00 [$58,789.00] $ 62,289.00 [$64,084.00] $ 67,584.00 $64,084.00] $ 67,584.00 [$64,084.00] $ 67,584.00 [$64,084.00] $ 67,584.00 [$68,499.00] $ 71,999.00 Pay] Pay Parks and Recreation Coordinator Accountant Secretary/rreasurer Public Works Operations Supervisor Grant Administrator Human Resource Manager Assistant Finance Director City Planner (Planner II) Assistant Engineer Information Technology Technician WWTPS Superintendent Water Pumping & Treatment Supervisor Wet Weather Program Manager Field Services Supervisor Senior Engineer Environmental Technician Pretreatment Coordinator [$49,318.00] $ 52,818.00 Position-related Certification Pay Utilities: Class I-I IV Water/Wastewater. $0.79/hour State of WVLab Certification (Microbiology) Water/Wastewater. $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ADDITIONAL COMPENSATION: Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University $0.34/hour Position Description Mandated CDL Certification - $0.75/hour Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: [JULY 8, 2024] SEPTEMBER 30,2024 Class Pay Grade 700 720 725 730 735 740 745 750 755 760 765 770 775 [Class Base Class Base [$69,020.00] $ 71,520.00 [$70,482.00] 5 72,982.00 [$71,882.00] $72,560.00] [$77,580.00] [$83,293.00] [$84,774.00] [$84,774.00] [$86,391.00] Class Pay Title Building Inspector City Clerk Utility Controller Public Works Director Dir of Planning & Development Finance Director Police Chief Fire Chief Professional Engineer Utility Manager City Manager City Attorney Municipal Judge (Part Time) Pay] Pay 74,382.00 75,060.00 80,080.00 85,793.00 87,274.00 87,274.00 88,891.00 [$90,754.00] $ 93,254.00 $125,000.00] $125,000.00 [$104,847.00] $107,347.00 [$-27,295.00) $ 27,295.00 A. Position-related Certification Pay Building Inspection, Code Enforcement Certification in any discipline by passage of [BOCA or] ICC exam $0.39,50.45/hour and Utilities, Excludes Professional Engineer: Asbestos Certification - $0.39/$045/nour WV State Journeyman Electrical License - [$0.39/90.45hour Building Code Official - $1.95/hour (replaces $0.39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) Certified Municipal Clerk IIMC (International Institute of Municipal Clerks) - [S.79)$1.10/hour State of WVI Lab Certification (Microbiology) Water/Wastewater - $0.79/hour WVBPH Water Distribution System Certification $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour AICP Certification - American Institute of Certified Planners - $.79/hour Class I-I IWater/lastewater. $0.79/hour B. Other additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit- - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: [JULY8, 2024] SEPTEMBER: 30, 2024 West Virginia Law Enforcement Certification Pay $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period oft the subsequent fiscal year. (WVLEC Certification.pay js from date on certificate, not retroactive to date ofhire.) JATC Certification (Joint Apprenticeship Training Committee) - 5200.00/5500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) SEVERABILITY: Ifany provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption; provided however, that the increases and changes provided for herein shall not become effective until September 30, 2024. Adopted this the day of 2024. MAYOR ATTEST: CITY CLERK ITEM2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING SUBSECTION (a) - STREET SWEEPING CHARGE OF SECTION. 3 - SPECIAL CHARGES ESTABLISHED. AND. IMPOSED, OF ARTICLE920 STREET SWEEPING, AND STREET MAINTENANCE AND IMPROVEMENTAND POLICEPROTECTION CHARGESTO PROVIDE FOR THE ELIMINATION OF THE MONTHLY STREET SWEEPING CHARGE. SYNOPSIS This proposed ordinance provides for the elimination of the City's Street Sweeping Fee. The fee should be reasonably calculated to provide only sufficient revenue to pay for the cost of providing for the disposal of the debris. At this juncture, it appears that the City of Fairmont can properly dispose of the waste material without the imposition of the monthly disposal fee and that the fee can be eliminated or reduced to zero without any detrimental effect on the finances of the City of Fairmont. Ifthis proposed ordinance is adopted, following the reduction, the current fee of 63 cents per month per customer will be reduced to zero on September 27, 2024. ORDINANCE NO. AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING SUBSECTION (a) - STREET. SWEEPING CHARGE OF SECTION. 3- SPECIAL CHARGES, ESTABLISHEDAND. IMPOSED, OF ARTICLE920 STREET SWEEPING AND STREET MAINTENANCE AND IMPROVEMENT, AND POLICEPROTECTION CHARGESTO PROVIDE FOR THE ELIMINATION OF THE MONTHLY STREET SWEEPING CHARGE. WHEREAS, the City of Fairmont, at the direction of the West Virginia Department of Environmental Protection, has provided for the proper disposal of the waste material generated from street sweeping operations in an approved solid waste disposal facility; WHEREAS, the initial disposal fee of $.90 per month per customer was WHEREAS, it now appears that the City of Fairmont can properly dispose of the waste material without the imposition of the monthly disposal fee and that the fee can be eliminated or reduced to zero without any detrimental effect reduced to $.63 per month per month per customer. on the finances of the City of Fairmont. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: Subsection (a) - Street Sweeping Charge of. Section 3 Special Charges Established and Imposed of Article 920 Street Sweeping, And Street MaintenanceAnd. ImprovementAnd: Police Protection Charges, be and is hereby amended as follows: (Matter to be deleted bracketed; new matter double underlined). PART NINE: STREETS, UTILITIES AND PUBLIC SERVICES CODE CHAPTER ONE: STREETS AND SIDEWALK AREAS ARTICLE 920 STREET SWEEPING AND STREET MAINTENANCE AND SECTION 3. SPECIAL CHARGES ESTABLISHED AND IMPOSED IMPROVEMENT CHARGES (a) Street Sweeping Charge. For services rendered on or after [the effective date of this Ordinance] September 27, 2024, for the essential municipal service of street cleaning and the proper disposal of the material generated thereby there is hereby imposed, established, and charged upon each resident who maintains a residential, commercial, and industrial customer account of the City of Fairmont a special charge of [sixty-three cents ($.63] zerocents ($0.00) per month. SEVERABILITY. Ifany section, subsection, subdivision, paragraph, provision, sentence, clause, or word in this Ordinance is for any reason held invalid or unconstitutional, such holding shall not affect the validity, constitutionality, legality, or application of any other portion of this Ordinance. SAVINGS CLAUSE. For all matters which may have arisen prior to the effective date of this Ordinance, the former provisions of the City Code shall apply and to that extent are hereby saved. This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2024. MAYOR ATTEST: CITY CLERK ITEM3 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING & SUPPLEMENTING CHAPTER FIVE OFFICERS AND DEPARTMENTS, ARTICLE 143 DEPARTMENT OF FINANCE, SECTION 143.05 REPRODUCTION FEES, TO PROVIDE FOR AND CREATE A FEE OR CHARGE FOR THE PRODUCTION AND/OR REPRODUCTION OF AUTOMOBILE CRASH/TRAFFIC ACCIDENT REPORTS SYNOPSIS By this proposed ordinance the Council of the City of Fairmont provides for and establishes a uniform fee or charge relating to the production and/or reproduction of automobile crash/traffic accident reports. The fee established is $20.00 per report, which fee is reasonably calculated to reimburse the City of Fairmont for its actual costs in reproducing the report. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING & SUPPLEMENTING CHAPTER FIVE OFFICERS AND DEPARTMENTS, ARTICLE 143 DEPARTMENT OF FINANCE, SECTION 143.05 REPRODUCTION FEES, TO PROVIDE FOR AND CREATE A FEE OR CHARGE FOR THE PRODUCTION AND/OR REPRODUCTION OF AUTOMOBILE CRASH/TRAFFIC ACCIDENT REPORTS WHEREAS, it is the desire and intent of the Council for the City of Fairmont by this ordinance to provide for and establish a uniform fee or charge relating to the production and/or reproduction of automobile crash/traffic accident reports. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: Chapter Five - Officers and Departments, Article 143 Department of Finance, Section 143.05 Reproduction Fees, be and is hereby amended and supplements as follows: (Matter to be deleted bracketed; new matter double underlined). PART FIVE: OFFICERS AND DEPARTMENTS ARTICLE 143 DEPARTMENT OF FINANCE SECTION 143.05 REPRODUCTION FEES (a)_Any person who shall request the production of records from the City of Fairmont pursuant to the provisions of Chapter $29B Freedom of Information of the West Virginia Code shall be charged and pay the following fees which are reasonably calculated to reimburse the City of Fairmont for its actual costs in making reproductions of the records. [(a)] (1) $1.25 per 8 V2 X 11 or 8 V2 X 14 page of photocopied [(b)] (2) $5.00 per recording for reproducing any electronic or [(c)] (3) Actual invoiced cost charged the City of Fairmont for material; digital recording regardless of the form or nature the of the recording; and reproducing any photographs, maps, cards, books, or other documentary materials which cannot be reproduced by the City of Fairmont without the assistance of an outside source. (b)_Any.person who shall request the production or reproductionofan automobile crash/traffic accident report shall be charged and pay a fee of $20.00 per report which fee is reasonably calculated to reimburse the Cityof Fairmont for the actual costs of reproduction of the report. SEVERABILITY. Ifa any section, subsection, subdivision, paragraph, provision, sentence, clause, or word in this Ordinance is for any reason held invalid or unconstitutional, such holding shall not affect the validity, constitutionality, legality, or application of any other portion of this Ordinance. SAVINGS CLAUSE. For all matters which may have arisen prior to the effective date of this Ordinance, the former provisions of the City Code shall apply and to that extent are hereby saved. This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2024 MAYOR ATTEST: CITY CLERK ITEM 14 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENT PROJECTS, NAMELY: COAL RUN STRUCTURAL EVALUATION & REPAIR WORK BUFFALO CREEK LIFT STATION & FORCE MAIN REPLACEMENT CHLORINE ROOM (WWTP) STRUCTURAL EVALUATION & REPAIR WEST FORK LIFT STATION FORCE MAIN REPLACEMENT NEW CHLORINE BUILDING (WWTP) DESIGN & CONSTRUCTION TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont authorizes, approves, provides for, and directs the acquisition, establishment and/or construction of those certain public improvement projects identified in the ordinance title. The cost of the project is to be partially funded by the City of Fairmont's American Rescue Plan (ARPA) funds allocated by Resolution for such purposes. No particular project is expected to exceed the amount estimated by the City's engineer. No revenue bonds or other financing is involved. This ordinance provides for and authorizes the execution and delivery of any and all documents necessary to provide for such public improvements and further authorizes all other actions which may be reasonable and necessary in connection therewith. In addition, this ordinance ratifies, confirms, and approves all acts taken in furtherance of providing for such public improvement heretofore taken by the City of Fairmont or the City of Fairmont Water Board. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENT PROJECTS, NAMELY: COAL RUN STRUCTURAL EVALUATION & REPAIR WORK BUFFALO CREEK LIFT STATION & FORCE MAIN REPLACEMENT CHLORINE ROOM (WWTP) STRUCTURAL EVALUATION & REPAIR WEST FORK LIFT STATION FORCE MAIN REPLACEMENT NEW CHLORINE BUILDING (WWTP) DESIGN & CONSTRUCTION TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH WHEREAS, the City of Fairmont is a municipal corporation vested with all the powers and authority granted to municipal corporations under the laws of the State of West Virginia and has pursuant to West Virginia Code $16-13- 16 et seq., created a Sanitary Board and vested the board with the authority to operate, manage and maintain the sanitary sewer system. the public improvement projects identified in the ordinance title. WHEREAS, the City of Fairmont Sanitary Board proposes to provide for WHEREAS, the cost of such projects is to be partially funded by the City of Fairmont's American Rescue Plan (ARPA) funds allocated by Resolution of Council for such purposes. No particular project is expected to exceed the amount estimated by the City'se engineer. No revenue bonds or other financing is involved. WHEREAS, the aforementioned code sections and West Virginia Code $8-11-3(5) require that the City of Fairmont provide by ordinance for public mprovements and the Council for the City of Fairmont finds that the contemplated projects are public improvements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY SECTION 1. The Council for the City of Fairmont hereby authorizes, approves, provides for, and directs the construction, establishment, and/or OF FAIRMONT THAT: acquisition of certain public improvement projects, namely: Coal Run Structural Evaluation & Repair Work Buffalo Creek Lift Station & Force Main Replacement Chlorine Room (WWTP) Structural Evaluation & Repair West Fork Lift Station Force Main Replacement New Chlorine Building (WWTP) Design & Construction The projects are to be funded in part from the City of Fairmont's American Rescue Plan (ARPA) funds allocated for such purposes. The total cost of any particular project is not expected to exceed the amount estimated by the City's project engineer. No revenue bonds or other financing is involved. SECTION 2. The City Manager, or his designee(s), or on behalf of the City of Fairmont, be and is hereby authorized and empowered to act in accordance with law and to do all things reasonable and necessary to provide for the construction, establishment, and/or acquisition of the aforementioned projects, including full power and authority to negotiate, enter into, execute, and deliver any and all necessary documents, including by not limited to any applications, contracts, grant agreements or any other documents, which may be necessary and desirable to consummate the transaction authorized herein and otherwise carry out the purpose and intent of this Ordinance, all with such change or changes as the person executing the same may approve, such approval and the propriety and necessity said changes to be conclusively evidenced by the execution thereof SECTION5. Any and all actions heretofore taken by the City of Fairmont or the City of Fairmont Sanitary Board in furtherance of these public improvements be and the same are hereby ratified, confirmed and approved. Passed this the day of 2024. MAYOR ATTEST: CITY CLERK ITEM5 RESOLUTION AF RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND SYNOPSIS This resolution provides for a General Fund budget revision for the 2024-2025 annual budget. This revision will be the second revision for this current fiscal year. RESOLUTION A RESOLUTION PROVIDING FOR AN AMENDMENTTOTHECITYOF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL: FUND WHEREAS, City Charter for the City of Fairmont at Section 5.09 Subsection (a) SUPPLEMENTAL APPROPRIATIONS: provides that the Council by Resolution may make supplemental appropriations for the year up to the amount ofsuch excess and ()TRANSFEROF APPROPRIATIONS: provides that Council may by Resolution transfer part or all of any unencumbered balance from one department to another; and WHEREAS, It is deemed necessary and appropriate to amend the City's 2024-2025 NOW,THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. That subject to approval of the State Auditor as ex officio chiefinspector, the City of Fairmont does hereby direct that the budget be revised prior to the expenditure or obligation offunds for which no appropriation or insufficient appropriation currently exists. SECTION 2. AMENDMENT: The proposed amendment, being Amendment Number Two to the City's 2024-2025 Annual Budget: General Fund, as hereafter set forth, shall be, and Annual Budget. the same be hereby amended. SECTION 3. PROPOSED BUDGET AMENDMENT: The heretofore attachment outlining the proposed amendments to the 2024-2025 Budget be and the same are hereby approved and authorized. In accordance with the Charter ofthe City of Fairmont, Section 5.09 (a) and Section 5.09 (d), this Resolution shall become effective immediately upon adoption. Passed this the 27th day of August, 2024. MAYOR ATTEST: CITY CLERK 6A 6 $ WS AE 6A S s 6 E $ 6 $A ITEM I 6 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, ADOPTING THE REGION VI JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE FOR CITY PLANNING OF FAIRMONT. AND DEVELOPMENT COUNCIL'S MULTI- SYNOPSIS The Region VI Planning and Development Council, of which the City of Fairmont is a member, has provided for an update of the Multi-Jurisdiction Hazard Mitigation Plan which was previously adopted by the Council for the City of Fairmont. By this Resolution, the Council for the City of Fairmont adopts the Hazard Plan Update entitled "Region VI Planning and Development Council Mut-Jurisdictional Hazard Mitigation Plan Update" reviewed by the Regional Council's Steering Committee on December 5, 2023, hereinafter referred to as the "Hazard Plan Update", together with its appendices, which was prepared by Skelly and Loy, Inc., in the form and content as presented, as the municipal Hazard Plan Update for the City of Fairmont. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, ADOPTING THE REGION VI JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE FOR CITY PLANNING OF FAIRMONT. AND DEVELOPMENT COUNCIL'S MULTI- WHEREAS, the Region VI Planning and Development Council (PDC) authorized the preparation of a MuthJurisdictional Hazard Mitigation Plan Update ("Hazard Plan Update") on behalf of its constituent counties and municipalities; WHEREAS, Skelly and Loy, Inc., was selected as the consultant to WHEREAS a Steering Committee held a public meeting to consider the WHEREAS, the Steering Committee and the PDC have recommended that each county and municipality in the Region VI PDC area adopt the assist the PDC in the preparation of the Hazard Plan Update; draft Hazard Plan Update on December 5, 2023; Hazard Plan Update; and WHEREAS the City Council ("Governing Body") of Fairmont recognizes that the Hazard Plan Update is a non-binding, policy-oriented guidance document for the management of natural hazards in the municipality and therefore desires to adopt the Hazard Plan Update prepared by the PDC as their municipal Hazard Plan Update. NOW, THEREFORE, BE IT RESOLVED by the Council for the City of Section 1: The Council for the City of Fairmont adopts the Hazard Plan Update entitled "Region VI Planning and Development Council Multi- Jurisdictional Hazard Mitigation Plan Update" hereinafter referred to as the "Hazard Plan Update", together with its appendices, prepared by Skelly and Loy, Inc., in the form and content presented at a duly advertised public meeting, as the municipal Hazard Plan Update for the City of Fairmont. Fairmont, Marion County, West Virginia, that: Section 2: The Hazard Plan Update as adopted by the Council for the City of Fairmont shall include the following chapters and all charts, tables, diagrams, appendices, figures, and textual matter contained therein: I. II. Introduction III. Mitigation Strategy IV. Plan Maintenance Process Hazard Identification and Risk Assessment Section 3: The Hazard Plan Update shall include the regional hazard event profile maps entitled: 1. 2. 3. Doddridge County, WV Harrison County, WV Monongalia County, WV 4. Taylor County, WV 5. Preston County, WV 6. Marion County, WV Section 4: This Resolution shall become effective upon passage.. Passed this the 27th day of August, 2024. MAYOR Attest: CITY CLERK ITEM 17 CITY FAIRMONT AAIEATO CITY OF FAIRMONT City Manager's Office 200. Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304) 366-6212, Ext. 315 Fax (304-366-0228) www.airmontyygor BOARD AND COMMISSION APPLICATION By completing this form, you are. indicating your interest to serve on a city board, commission or committee. Thel Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion oft the City Council and/or the City Manager. This application is a public document and will be oni file for two (2) years. Laura Candell Name: Address: Phone: (H). Email: Occupation: (W). (C). Employer: Do youi reside in the CityLimits of Fairmont? Yes No Ifyes, how long? College Graduate Education: Degrees/Majors: Elementary High School Certification or other vocational training: Otherskills:, Volunteer experience and other community involvement (give dates): (Ifa additional space is required, please attach as separate sheet of paper.) If you are appointed, could you meet: Morning Afternoon Evening What do you feel you can contribute to the community that may not be evident from information already on this form? Please check three (in order of preferencei i.e. 1,2,3) of the City Boards, Commissions and Committees for which you would like to be considered for appointment. Arts & Humanities Commission Board ofZoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board aimontMorgantown Housing Auth. Pairmont-Marion Transit Authority Fire Civil Service Commission HistoricLandmarks Commission Which boards havelare you serving on?. Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals Marion Co. Parks & Recreation Commission Marion Co. Public Library Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban! Renewal Authority Please list three individuals in the city who may be contacted when considering you for an appointment. Name Address Phone (please specify daylevening) Signature' Date ITEM8 Board and Commission Application Submitted On: Aug 1, 2024, 01:04PM EDT City of Fairmont City,of Fairmont Board and Commission Application By completing this form, you are indicating your interest to serve on a city board, commission, or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion of the City Council and/or the City Manager. This application is a public document and will be on file for two (2) years. Full Name Full Address First Name: Franklin Last Name: Vashenitz Street Address: City: State: Zip: - Phone Number Email Occupation: Employer: Do you reside within the city limits of Fairmont? Ifyes, how long? Education: Degree/Major: Training: - * : Certifications or Vocational Other relevant skills: Volunteer experience and community involvement (please Ifa appointed, could you meet: give dates): Please select up to three (3) of the following City Boards, Commissions, or Committees for which you would like to be considered for appointment: How did you hear about this board or commission? (Ex. Word! of mouth, social media, from a current board or commission Have you served on any boards, commissions, or committees in the past? If so, please list: Signature Data member; etc.) - : : : First Name: Last Name: Email Address: