FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, AUGUST 13, 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. rayer/Meditation = Rev. Nici Masters  Gateway United Methodist Church  B. : Pledge Of Allegiance - Councimember Nuzum  IV. APPROVAL OF MINUTES  Regular Meeting - July 23, 2024  V. PUBLIC HEARINGS AND ANNOUNCEMENTS  A. PUBLIC HEARINGS  1. 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 2. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 5.0 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  Junkyard Or Salvage Centers.  Parking On Landscaped Areas.    3. 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 Equipment To 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 4. 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 5. 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 6. 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 Standards Relating Thereto. 7. An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. 8. 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,  The Circumstances As Described.  Care Facility, And Day Care Home, Respectively.  Center Conditionally Permitted Therein.  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  LT 24A FENNIMORE ST (PLAT 43-102),FAIRMONT  FAIRMONT CORP    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  BLK 5 LT1 WATSON AVE (PLAT 509-485), FAIRMONT FAIRMONT CORP BLK 6 LT 4 CLIFF AVE (PLAT 71-302,FAIRMONT FAIRMONT CORP PTL 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  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 9. 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:  Resolutions Adopted Thereunder; Ratification.  Therewith. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT    VIII. CONSIDERATION OF COUNCIL BUSINESS  A. PENDING BUSINESS  1. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 2.0 Definitions And Measurements Of The Provisions Of The City Of Fairmont's Codified Planning And Zoning Code And More Particularly 2.2 Intent To 2. 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 3. 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 Equipment To 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 4. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 2.0 Definitions And Measurements Of The Provisions Of The City Of Fairmont's Codified Planning And Zoning Code And More Particularly 2.2 Intent To Redefine Child Care Center, Child Care Facility, And Child Care Home As Day Care Center, Day Care Facility, And Day Care Home, 5. 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. 6. 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 Businesses To Modify The Use.  Redefine Junkyard As Junkyard Or Salvage Centers.  Standards For Parking On Landscaped Areas.  Yards Under The Circumstances As Described.  Respectively.  Standards Relating Thereto.    7. Adoption, An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. 8. 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:  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 1/1-302,FAIRMONT FAIRMONT CORP PTLT HIGH ST, FAIRMONT FAIRMONT CORP LTN 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.    9. 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.  B. NEW BUSINESS  10. 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:  1. $3,500.00 Base Pay Increase For Steel Workers.  2. Clarification Of The Payment Date For WVLE Certification Pay For 3. Increase In The JATC Certification Pay For Firefighters To $500.00 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 AIl Employees Not Otherwise Provided For Pay Plan. 6. Increases In Certification Pay For Certain Classes Of Employees. 11. 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 12. Adoption, A 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, 13. Adoption, A Resolution Of The Council Of The City Of Fairmont, West Virginia, Supporting The John Manchin Sr., Health Care Center  Police Officers. Per Year.  And Exempt Employees Pay Plans.  Elimination Of The Monthly Street Sweeping Charge.  On Tuesday, September 10, 2024 At 5:30 P.M.    And Opposing Any Plan Or Recommendation That Will Cause The Loss Of Access To The Center Or The Healthcare Services It Provides. 14. Adoption, A Resolution Of The Council For The City Of 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 City Of Fairmont And Marion County, 15. One City Manager Appointment, Marion Regional Development Corporation (MRDC), Indefinite Term, to be. Confirmed by Council. 16. One Re-Appointment, ICC Board of Appeals, Five-Year Term to  West Virginia.  End August 24, 2029.  IX. ADJOURNMENT    MINUTES  7/23/2024    July 23, 2024  The regular meeting of the City Council of the City of Fairmont was held at: 7:00 p.m. on the 23rd day of July, 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:  Second District: Third District Fourth District Fifth District Sixth District Seventh District Eighth District Ninth District Absent: First District Also present were: City Manager City Attorney City Clerk Planning Director Finance Director IN RE:  Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Charles (Chuck) Warner Gia Deasy Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum.  Joshua D. (Josh) Rice  Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait Priscilla Hamilton  Communications Manager David Kirk  EXCUSE COUNCILMEMBER RICE  The Mayor made a motion to excuse Councilmember Rice from tonight's meeting. The motion was seconded by Councilmember Warner. The Mayor declared Councilmember Rice excused from tonight's meeting by  voice vote of Council.    IN RE:  OPENING CEREMONIES  Pastor Jeff Benedict, of the Union Rescue Mission, gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember McDaniel.  IN RE:  PROCLAMATION PRESENTED  Mayor Bolyard presented a proclamation to Lt. Sam Murray with the Fairmont Police Department in honor of the National Night Out event to be held on Tuesday, August 6th. Lt. Murray invited everyone. to attend the event.  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 9, 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 Nuzum.  Council.  PUBLIC HEARINGS  IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DRIVE-THROUGH FACILITIES CONDITIONALLY PERMITTED IN MAIN CORRIDOR COMMERCIAL DISTRICT, AND MAKE RESTAURANT WITH ALCOHOL SALES CONDITIONALLY PERMITTED IN NEIGHBORHOOD MIXED Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 of the Zoning Districts of the Planning and Zoning Code to make drive-through facilities conditionally permitted in Main Corridor Commercial District and make restaurant with alcohol sales conditionally The Mayor asked if anyone present desired to speak to the proposed  USE  permitted in Neighborhood Mixed Use.  ordinance.  2    Shae Strait, Director of Planning, spoke in favor of the proposed ordinance. He said on this item, and the next three items on the agenda, they were forwarded with favorable unanimous recommendation to City Council. These are the amendments to the Zoning Code that were brought forward as concerns from citizens of the West End neighborhood and surrounding area. He said that he believed that we have crafted some good, well-balanced, adjustments to the Zoning Code to hopefully deal with some of those concerns while also supporting both residents and businesses in the neighborhood. He noted that he was in favor of this item as well as the next three items on the Jack Kirby, a resident in the West End neighborhood, spoke in favor of the proposed ordinance. He said the property that caused the whole thing to come forward was when #1 Jo Harry Drive went up for sale as Main Street Commercial. He said he lives at #2 Jo Harry Drive, right across the street. He said they want to encourage development and commerce and small businesses in our neighborhood; however, we do not want to do that at the expense of the neighborhoods that we have within the city limits. He went on tos say that we have a unique character in Fairmont where you can be on Fairmont Avenue and walk off a quarter and be in one of the wel-established neighborhoods that he thought needed to be preserved. He asked Council to preserve both and he sees them complimenting one another.. He closed by saying that he was in full support of the changes that are being brought Councimember Deasy thanked Mr. Kirby and the neighborhood for coming before Council and the Planning Commission and thanked him for getting it on There being no one else to speak, the public hearing was called to a close at  agenda.  forward.  the agenda. 7:10 p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS, AND MORE PARTICULARLY SECTION 3.7 MAIN CORRIDOR COMMERCIAL, OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR LOT STANDARDS FOR CIVIC USES, INCREASE MAXIMUM FRONT YARD SET BACKS TO 90 FEET FOR COMMERCIAL AND CIVIL DEVELOPMENTS, REQUIRE VEHICLE ACCESS IN SUCH A WAY AS TO REDUCE ITS IMPACTS ON ADJACENT RESIDENTIAL DISTRICTS, AND CREATE A 25-FOOT REAR AND SIDE YARD REQUIREMENT IN CERTAIN  CIRCUMSTANCES; SAVINGS CLAUSE  3    Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 of the. Zoning Districts, particularly Section 3.7 Main Corridor Commercial, of the Planning and Zoning Code to provide for lot standards for civic uses, increase maximum front yard setbacks to 90 feet for commercial and civil developments, require vehicle access in such a way as to reduce its impacts on adjacent residential districts and create a 25-foot rear 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  and side yard requirement in certain circumstances.  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 CODE TO CREATE BUFFER YARD AND SCREENING REQUIREMENTS FOR CERTAIN COMMERCIAL USES, CERTAIN REQUIREMENTS AND RESTRICTIONS FOR DRIVE-THROUGHS, AND SITE PLAN REQUIREMENTS FOR RESTAURANT WITH Pursuant to a notice duly published in the, Times-West Virginian on July 12, 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 to create buffer yard and screening requirements for certain commercial uses, certain requirements and restrictions for drive-throughs, and site plan The Mayor asked if anyone present desired to speak to the proposed Councilmember McDaniel asked if all three ordinances take care of the  ALCOHOL SALES  requirements for restaurant with alcohol sales.  ordinance.  situation at Jo Harry Drive. Mayor Bolyard replied correct.  There being no one else to speak, the public hearing was called to a close at  7:14 p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE5.0 STIESTANDARDSAND MORE PARTICULARLY SECTION 5.5 LANDSCAPING REQUIREMENTS TO PROVIDE  4    FOR MINIMUM SPACING BETWEEN DECIDUOUS TREES, REMOVE REDUNDANCIES, AND PERMIT PEDESTRIAN PATHS IN TYPE-E BUFFER YARDS, Pursuant to a notice duly published in the Times-West Virginian on July: 12, 2024, a public hearing was convened to obtain citizen input on an: ordinance amending Article 5.0 Site Standards, particularly Section 5.5 Landscaping Requirements, to provide for minimum spacing between deciduous trees, remove redundancies, and permit pedestrian paths in Type-E buffer yards. 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 7:15  CLARIFICATIONS  ordinance. p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDSAND MORE PARTICULARLY SECTION 5.6 LOT STANDARDS, TO PROVIDE FOR THE RELOCATION OF CERTAIN MINIMUM LOT STANDARDS TO ARTICLE 7 OF THIS ZONING CODE, AND TO PROVIDE FOR CERTAIN STANDARDS FOR LOTS Pursuant to a notice duly published in the Times-West Virginian on July: 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 of the Site Standards, particularly Section 5.6 Lot Standards, of the Planning and Zoning Code, to provide for the relocation of certain minimum lot standards to Article 7 of this Zoning Code and to provide The Mayor asked if anyone present desired to speak to the proposed Shae Strait, spoke in favor of this ordinance and the next item on the agenda. He said this ordinance was voted favorably with unanimous recommendation to come forward to Council for approval. He mentioned that this item and the next item will alleviate a lot of time and financial burden on many property owners and allow them. to divide and merge their property much easier within There being no one else to speak, the public hearing was called to a close at.  UNDER SINGLE OWNERSHIP  for certain standards for lots under single ownership.  ordinance.  the city. 7:17 p.m.  5    IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE MINOR SUBDIVISION APPROVAL FOR ALREADY PLATTED LOT VIA DEED, AND TO ADD MINIMUM LOT STANDARDS TO THIS ARTICLE; Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 7.0 Subdivision Regulations, of the Planning and Zoning Code, to accommodate minor subdivision approval for already platted lot via 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 7:18  SEVERABILITY; SAVINGS CLAUSE  deed, and to add minimum lot standards to this Article.  ordinance. p.m. IN RE:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT  AMENDING AND SUPPLEMENTING ARTICLE 113, PURCHASING AND DISPOSITION OF PROPERTY, OF THE FAIRMONT: CITY CODE, TO PROVIDE FOR PROHIBITED CONTRACT CLAUSES TO BE CODIFIED AS SECTION 113.05 OF Pursuant to a notice duly published in the Times-West Virginian on July 12, 2024, a public hearing was convened to obtain citizen input on an ordinance amending and supplementing Article 113, Purchasing and Disposition of Property, to provide for prohibited contract clauses to be codified as Section 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 7:19  SAID ARTICLE.  113.05 of said Article.  ordinance. p.m.  ANNOUNCEMENTS  IN RE:  MISCELLANEOUS ANNOUNCEMENTS  counciimember Moran made the following announcements:  The Arts and Humanities Commission will be having a variety show to celebrate 40 years of giving out Arts and Humanities awards to folks in    the community. It will take place at Wallman Hall Theater at FSU, The next Cultivate work shop will be on August 8th at Windmill Park at Connecting Link is having a blood drive on Wednesday, July 31st from noon until 5:00 p.m. at Fleming Memorial Church Fellowship Hall.  August 3rd at 7:30 p.m.  5:30 p.m.  IN RE:  PLAYGROUND EQUIPMENT  Councimember Garcia asked when the playground equipment will be installed Mr. Blosser replied that he will get a date for the installation of the equipment.  at Windmill Park.  IN RE:  IMMUNIZATION OF SCHOOL CHILDREN  Councimember Deasy made a reminder that children need immunizations to enroll in public schools and 7th and 12th graders are also required to have  immunizations. IN RE:  MISCELLANEOUS ANNOUNCEMENTS  Mayor Bolyard made the following announcements:  The Rescue Mission. Run for Recovery that was held last Saturday was a 5K and 2K and this was the most participants that they have had in the Congratulations to Fire Captain Mark Angelucci on his retirement after Congratulations to Lt. Kevin Welty for 24 years of service to the Congratulations to Lt. Bob Sliger for 24 years of service to the Fairmont Congratulations to Priscilla Hamilton, Finance Director, for 34 years of Congratulations to Sgt. Adrian Hayhurst for. 21 years of service in the Starting August 1st, Chief Steve Shine will be starting 29 years of service National Night Out will be held on August 6th from 6:00 p.m. to 8:30  past 15 years. 35 years of service. Fairmont Fire Department. Fire Department.  service in the Finance Department.  Police Department.  to the City of Fairmont Police Department. p.m. at the Veterans Square.  CITIZENS PETITIONS  There were no citizens petitions for this meeting.  7    CITY MANAGER'S REPORT  Mr. Blosser. reported the following items:  Mr. Blosser appointed two new police officers that will be starting on August 5th and heading to the Academy on August 12th. The next police officer written exam will be held on Monday, September 16th at 6:30 p.m. We still have vacancies within our department. The Norwood Park bid opening will be held this Friday.  IN RE:  MARION COUNTY HUMANE SOCIETY PRESENTATION  Abby Hohn, with the Marion County Humane Society, presented City Council with a Community Approach to Community Cats presentation. Other people from the Humane Society were also present. A copy of the presentation was  distributed to each Councilmember prior to the meeting.  She went over the following: What are community cats Where do community cats come from Trap-Neuter-Retumn What can we do as a community Coping with community cats as a nuisance Being good caretakers and neighbors How the Marion County Humane Society contributes What can the Fairmont City Council do  Help. educate the public about the importance of spay- Allocate funding to a community cat spay and neuter fund Form a TNR committee with community partners Purchase humane traps to create a trap library that the Sponsor a "free feral day" for Fairmont residents at SNIP  neuter  Endorse rap-neuter-return Enact a TNR ordinance  public can borrow or rent traps from  WV  Mr. Blosser suggested that regarding the requested ordinance, he had a conversation with our City Attorney, if this is something that Council would want to pursue, instead of it being an ordinance, it would be a resolution seeing how it would be a PR component of saying that City Council has designated that you should take these opportunities to do spay and neuter without it being a forced requirement with fines and penalties. He thought a resolution was more in order to outline some of the same things that would  8    be within the ordinance.  CONSIDERATION OF COUNCIL BUSINESS  IN RE:  ADOPTION, 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 DRIVE-THROUGH FACILITIES CONDITIONALLY PERMITTED IN MAIN CORRIDOR COMMERCIAL DISTRICT, AND MAKE RESTAURANT WITH ALCOHOL SALES CONDITIONALLY PERMITTED IN NEIGHBORHOOD MIXED  USE.  The City Clerk read the proposed ordinance by title.  Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 3.0 of the Zoning Districts of the Planning and Zoning Code to make drive-through facilities conditionally permitted in Main Corridor Commercial District and make restaurant with alcohol sales conditionally  permitted in Neighborhood Mixed Use.  Motion:  Councimember Deasy moved for the adoption of the proposed ordinance.  Councimember Sole 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. 2034 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS; AND MORE PARTICULARLY SECTION 3.7 MAIN CORRIDOR COMMERCIAL, OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR LOT STANDARDS FOR CIVIC USES, INCREASE MAXIMUM FRONT YARD SET BACKS TO 90 FEET FOR COMMERCIAL AND CIVIL DEVELOPMENTS, REQUIRE VEHICLE ACCESS IN SUCH A WAY AS TO REDUCE ITS IMPACTS ON ADJACENT RESIDENTIAL DISTRICTS, AND CREATE A 25-FOOT REAR AND SIDE YARD REQUIREMENT The City Clerk read the proposed ordinance by synopsis for the first time.  IN CERTAIN CIRCUMSTANCES; SAVINGS CLAUSE.  9    Mayor Bolyard entertained a motion for the. adoption of an ordinance amending Article 3.0 of the Zoning Districts, particularly Section 3.7 Main Corridor Commercial, of the Planning and Zoning Code to provide for lot standards for civic uses, increase maximum front yard setbacks to 90 feet for commercial and civil developments, require vehicle access in such a way as to reduce its impacts on adjacent residential districts and create a 25-foot rear  and side yard requirement in certain circumstances.  Motion:  Councimember McDaniel moved for the adoption of the proposed ordinance.  Councilmember 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. 2035 was duly adopted.  IN RE:  ADOPTION, AN. ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO CREATE BUFFER YARD AND SCREENING REQUIREMENTS FOR CERTAIN COMMERCIAL USES, CERTAIN REQUIREMENTS AND RESTRICTIONS FOR DRIVE-THROUGHS, AND SITE PLAN REQUIREMENTS FOR RESTAURANT WITH The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 4.0, Use Standards, of the Planning and Zoning Code to create. buffer yard and screening requirements for certain commercial uses, certain requirements and restrictions for drive-throughs, and site plan  ALCOHOL SALES.  requirements for restaurant with alcohol sales.  Motion:  Councilmember Deasy moved for the adoption of the proposed ordinance.  Councilmember Moran seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2036 was duly adopted.  10    IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE5.0. SITE STANDARDS AND MORE PARTICULARLY SECTION 5.5 LANDSCAPING REQUIREMENTSTO PROVIDE FOR MINIMUM SPACING BETWEEN DECIDUOUS TREES, REMOVE REDUNDANCIES, AND PERMIT PEDESTRIAN PATHS IN TYPE-E BUFFER YARDS, The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards, particularly Section 5.5 Landscaping Requirements, to provide for minimum spacing between deciduous trees, remove redundancies, and permit pedestrian paths in Type-E buffer yards.  CLARIFICATIONS.  Motion:  Councimember Nuzum moved for the adoption of the proposed ordinance.  Councimember Sole 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. 2037 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 5.6 LOT. STANDARDS, TO PROVIDE FOR THE RELOCATION OF CERTAIN MINIMUM LOT STANDARDS TO ARTICLE 7 OF THIS ZONING CODE, AND TO PROVIDE FOR CERTAIN STANDARDS FOR LOTS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 of the Site Standards, particularly Section 5.6 Lot Standards, of the Planning and Zoning Code, to provide for the relocation of certain minimum lot standards to Article 7 of this Zoning Code and to provide  UNDER SINGLE OWNERSHIP.  for certain standards for lots under single ownership.  Motion:  Councimember: Nuzum moved for the adoption of the proposed ordinance..  Councilmember Sole seconded the motion.  11    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. 2038 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE MINOR SUBDIVISION APPROVAL FOR ALREADY PLATTED LOT VIA DEED, AND TO ADD MINIMUM LOT STANDARDS The City Clerk read the proposed ordinance by synopsis for the first time, Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 7.0 Subdivision Regulations, of the Planning and Zoning Code, to accommodate minor subdivision approval for already platted lot via  TO THIS ARTICLE; SEVERABILITY, SAVINGS CLAUSE.  deed, and to add minimum lot standards to this Article.  9otion:  Councimember Garcia moved for the adoption of the proposed ordinance.  Councilmember Sole 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. 2039 was duly adopted.  IN RE:  ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF  FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 113, PURCHASING AND DISPOSITION OF PROPERTY, OF THE FAIRMONT CITY CODE, TO PROVIDE FOR PROHIBITED CONTRACT CLAUSES TO BE CODIFIED AS The City Clerk read the proposed ordinance. by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of an ordinance amending and supplementing Article 113, Purchasing and Disposition of Property, to provide for prohibited contract clauses to be codified as Section  SECTION 113.05 OF SAID ARTICLE.  113.05 of said Article.  Motion:  12    Councimember: Sole moved for the adoption of the proposed ordinance.  Councilmember Moran seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2040 was duly adopted.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE 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 Article 2.0 Definitions and Measurements of the Planning and Zoning Code to redefine Junkyard as Junkyard or Salvage Centers.  JUNKYARD AS JUNKYARD OR SALVAGE CENTERS  Motion:  Councilmember Deasy moved for the introduction of the proposed ordinance.  Councilmember McDaniel seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.4 PARKING TO CREATE MAINTENANCE STANDARDS FOR DRIVEWAYS AND PARKING LOTS, AND TO CREATE REGULATIONS AND 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 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.  STANDARDS FOR PARKING ON LANDSCAPED AREAS  Motion:  13    councimember Nuzum moved for the introduction of the proposed ordinance.  Councilmember Sole seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, 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 EQUIPMENT TO REPEAL AND REPLACE CERTAIN REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10ACCESSORY BUILDINGS AND STRUCTURES TO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS 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 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  UNDER THE CIRCUMSTANCES AS DESCRIBED  yards. Motion:  Councimember McDaniel moved for the introduction of the proposed  ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO 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 synopsis for the first time. Mayor Bolyard entertained a motion for the introduction 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:  Councilmember Nuzum moved for the introduction of the proposed ordinance..  Councilmember Deasy seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DAY CARE FACILITY A PERMITTED USE IN NEIGHBORHOOD MIXED USE (NMU) DISTRICT; AND MAKE CHILD CARE CENTER CONDITIONALLY PERMITTED 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 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  THEREIN  Care Center conditionally permitted.  Motion:  Councimember Nuzum moved for the introduction of the proposed ordinance..  Councilmember Deasy seconded the motion.  The Mayon declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE4.0USE. 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 STANDARDS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance  RELATING THERETO  15    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:  Councilmember Garcia moved for the introduction of the proposed ordinance.  Councimember McDaniel seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing for the public auction of surplus personal property of the City of  Fairmont. Motion:  Councilmember Nuzum moved for the introduction of the proposed ordinance.  Councilmember Moran seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, 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 2023-C-000080 2023-C-000095  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 51 LT 1 WATSON AVE (PLAT 509-485),  FAIRMONT CORP FAIRMONT CORP  16    FAIRMONT FAIRMONT CORP FAIRMONT CORP  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  BLK 6 LT 4 CLIFF AVE (PLAT /1-302FAIRMONT 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  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 The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing for and authorizing the purchase of certain parcels of real estate  RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION.  situate in the City of Fairmont.  Motion:  Councimember Deasy moved for the introduction of the proposed ordinance.  Councimember Sole seconded the motion.  The Mayor declared the public hearing set for August 13, 2024.  IN RE:  INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN  ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING,  17    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 The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance approving the coating, repair, and modification to the potable water storage  CONNECTION THEREWITH.  tanks to be funded from the City of Fairmont's ARPA Funds.  Motion:  Councimember McDaniel moved for the introduction of the proposed  ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for August 13, 2024.  IN RE:  ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO  THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution providing  for a General Fund Budget Revision.  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 APPROVING THE FORM OF THAT CERTAIN SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND: THE BOARD OF EDUCATION FOR THE COUNTY OF MARION AND  IN RE:  ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF  18    AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER THE AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the form of the School Resource Officer Program Agreement by and between the City of Fairmont and the Marion County Board of Education.  Motion:  Councilmember: Deasy moved for the adoption of the proposed resolution.  Councilmember Sole seconded the motion. Roll call was taken by the Clerk.  The Mayor declared the resolution adopted by unanimous vote of Council.  ADJOURNMENT  The Mayor entertained a motion for adjournment.  Motion:  Councilmember Sole moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 8:09  seconded by Councimember McDaniel.  p.m.  19    PUBLIC  HEARINGS    PUBLIC HEARINGS August 13, 2024  1. 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 2. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 5.0 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 3. 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 Equipment To 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 4. An Ordinance Of The Council Of The City Of Fairmont Amending Andi 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 5. 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 6. 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.  Junkyard Or Salvage Centers.  Parking On Landscaped Areas.  The Circumstances As Described.  Care Facility, And Day Care Home, Respectively.  Center Conditionally Permitted Therein.    7. An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. 8. An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Purchase OfThose 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 2023-C-000185 2023-C-000186 2023-C-000199 2023-C-000200  LT 24A FENNIMORE ST (PLAT 43-162),FAIRMONT BLK 5 LTI 1 WATSON AVE (PLAT 509-485), FAIRMONT FAIRMONT CORP BLK 6 LT 4 CLIFF AVE (PLAT 1/1-302FAIRMONT FAIRMONT CORP PT 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  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 9. 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  Resolutions Adopted Thereunder; Ratification.  Therewith.    ITEM 1    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARIICLEZ.ODEFINITIONSAND 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  SYNOPSIS  By this proposed ordinance, if enacted, Council amends and supplements Article 2.0 Definitions and. Measurementsof the provisions of the City of Fairmont's Planning and Zoning Code to redefine junkyard as junkyard or salvage center and in such a way as to prevent the accumulation of inoperable vehicles on property and to better define those businesses.    ORDINANCE NO.  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 JUNKYARD AS  JUNKYARD OR SALVAGE CENTERS  WHEREAS, the Planning Commission for the City of Fairmont on June 5, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications as set forth in the title.  WHEREAS, the proposed modifications are consistent with the City of NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 2 Definitions and Measurements of the provisions of City's codified planning and zoning code be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double  Fairmont's Comprehensive Plan.  underlined) 2.2 INTENT  For the purpose of interpreting this Zoning Ordinance, certain words, concepts, and ideas are defined herein. Except as defined herein, all other words used in this Zoning Ordinance shall have their everyday meaning as  determined by their dictionary definition..  Remainder of page blank    2.0 DEFINITIONS AND MEASUREMENTS  scrap ferrous or non-ferrous materials. metals. paper.rubber tires. tires, debris or waste. electronic parts, and bottles: 2. The dismantling or wrecking of motor vehicles or trailers. or the storage. sale or dumpingof dismantled. or partially dismantled. obsolete,or wrecked vehicles or their parts: 3. Ihes storage, keeping, buving or selling of wrecked, scrapped or dismantledi motor vehicles or motor parts. The presence on any lot or parcel of land of two or more motor vehicles, which. for a period exceeding. 30 davs. have not been capable of operating under their own power: and fromwhich parts have been removed for reuseorsale.s shall constitute a vehicle or automotive wrecking or 4. Aservice that provides towing or conveyance ofa wrecked. inoperable. disabled, orj illegally parked motor vehicle in conjunction with one of the above  2.2 INTENT J  Junk- Any worn out or cast off or discarded article or material whichi is ready for destruction or has been collected or stored for salvage or conversion to: some WAK-ard-Re1Se-FRePPIN3nORetheusandsquare esteFtnearesofanyO-ReneFSnsideeroutsidea BWNGIRE-OFIRe-Se-8FRhathalfefthele: sensaydieGANsCRePREeN abBandenmentefunk. Junkvard or Salvage Centers L Land or buildings used for one of the following operations: 1. The purchase. sale. exchange. storage.baling. packaging, disassemblv, or handing of waste, used materials, or secondhand materials including, but not limited to. batteries. scrap iron and other old  use.  salvage vard:or  services.  PC24-02 Text Amendment- Page 7 Last Modified: 6/11/20244:12PM    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.  SAVINGS:  Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending ina any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby  saved..  EFFECTIVE DATE:  This ordinance shall become effective thirty (30) days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM2    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLES.OSITE, 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  SYNOPSIS  By this proposed ordinance, if enacted, Council amends and supplements Article 5.0 Site Standards of the provisions of the City of Fairmont Planning and Zoning Code 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    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE. 5.0SITE. 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  WHEREAS, the. Planning Commission for the City of Fairmont on June 5, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance. providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications as set forth in the title.  WHEREAS, the proposed modifications are: consistent with the City of NOW THEREFORE BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 5.0. Site Standards and more particularly, Section 5.4 Parking, be and is hereby amended and supplemented as follows: (Matter to be deleted  Fairmont's Comprehensive Plan.  stricken through; New matter double underlined)  Remainder of page blank    5.0  SITE STANDARDS  5.4 PARKING 1. General  maintained in workable, safe. and good  condition. 2. Parking Access  A. Intent. The intent of this section is provide minimum standards for vehicular and bicycle parking facilities such as driveways and parking Ensure the safety of pedestrians both on private property and ont the right-of-way. ii. Ensure the safety of vehicles and personal iii. Ensurej just and reasonable access tol land iv. Protect adjacent land uses from the. negative impacts of vehicular driveways Protect the city, county, and state from unnecessary additional burdens of construction, maintenance, and safety of the public rights-of-way created by vehicular driveways and parking lots. construction, reconstruction, extension, repair or alteration of anyl building, structure or use ofl land and nol building orl land ora anyp part of any building or land, may be occupied or used until bicycle and. vehicle parking has been provided in accordance with ther requirements of this zoning Parking Terms. As applied in this section and elsewhere, the term "parking" may mean both bicycle parking ory vehicle parking. Where bicycle parking ist thes specific subject of a code section, the term "Bicycle Parking" will be used. If the term "parking" would create al lack of clarity, the term "Vehicle Parking" willl be used. Maintenance. The provision and maintenanceof required off-street parking facilities are continuing obligations of the property owneror tenant. Everyparcel of land hereafter used asa public or private off-street parking or loading area shall be maintained in good condition.free of hazards and deterioration. AIL pavement areas. sidewalks. curbs. drainage facilities, lighting, bumpers. guardrails. markings. signs, 4. Curb Cuts landscaping. and other improvements shall be  A. Spaces backing directly onto a street or use of the street for maneuvering between parking B. All off-street parking must have direct access to an improved public right-of-way through ana alley, driveway, or permanent: access easement. Adequate ingress and egress to the parking facility shall be provided by clearly defined driveways in accordance withi access management requirements of the. City of D. Entries for parking must. be placed along a secondary street or alley, where practicable. E.. Access to off-street parking which serves a nonresidential use shall not be permitted across land that is zoned or used for residential  lots to:  rows shall be prohibited.  property.. uses,.  Fairmont..  and parking lots.  purposes..  B. Occupation and Use. No permit for the 3. Vehicular Circulation  A. All parking lots and parking structures must be designed sO that vehicles enter or leave a parking space without having to move any other vehicle, Parking lots and structures where vehicles are moved by employees of the facility are exempt from this requirement. B. All: spaces: shall be provided adequate access by means of maneuvering lanes. Parking lots and parking structures must be designed sO that the driver of the vehicle proceeds forward into traffic rather than backs D. Parking lots and parking structures must be designed. so that a vehicle is not forced to back: onto the public right-of-way to access from one parking aisle to another parking aisle. Vehicle circulation providing cross-access between abutting lots is encouraged.  code.  out into traffic.  gain  PC:24-02 Text Amendment- Page 8 Last Modified: 6/11/2024 4:12PM    A. Acurb cut may bei installed only with allr required permits approved by the Planner, Building Inspector, and Public Works. B. Curb cuts must be located to minimize conflict with pedestrian, cyclist, and vehicular traffic on the abutting public right-of-way. Curb cuts should be located atl least 60 feetf from any intersection unless otherwise permitted by the Planner or The number and width of curb cuts must be the minimum needed to provide reasonable access A. Driveways must be in accordance with Table 5.4.A: Driveway Dimensions.  twenty (20) feet between the edge of the right-of-way: and the portion oft the driveway mostly parallel to that right-of-way: and all other requirements are met.  Public Works Director. tot thes site. 5. Driveways  MIN. DISTANCE BETWEEN CURB CUTS & DRIVEWAY! LANES  PAVED DRIVEWAY;  Table 5.4.A: Driveway Widths  Single-lane Driveways Min. Max 12" 8 12 12  Double-lane Driveways Min.: Max 16' 24' 16' 24' 18' 24'  Use Single-Family 8' Multifamily All other uses 8  MIN. DISTANCE. FROM R.O.W.  B. Setbacks. All driveways must be setback at minimum five (5)f feetf from allJ lot lines except for along the area where a curb cut has been Flares. A. driveway flare may exceed the allowable driveway dimension by up to eighteen (18) inches on eithers side for all uses and upt to thirty-six (36) inches for industrial uses. Single-family Driveway Count. For single-family and two-family uses, only one (1) driveway access per unit is permitted with the following Multiple Road Frontages. Al lot with two (2): road frontages may be permitted one (1). additional driveway access, or a through lot with a driveway may be permitted to have a single uninterrupted driveway with one (1) access at a roadi frontage and one (1) access at the alley. Deiveways-logated -eRtyeRdenalessutyestoSe.e Same Street Frontage. Two driveways may be permitted along the same street frontage with a minimum width off fifty_(50) feet between driveways. Such driveways may connect to create a loop inthe front yard so long as there is a minimum of  STREET  R.O.W.  approved.  E. Shared Driveways for Residential. Shared driveways are permittedi for residential land uses as long as the width of the driveway is a minimum of ten (10) feet. A Shared Driveway shall be any driveway that crosses the side or rear yard line in nearly equal proportions onto Double-Track Driveways. Double-track driveways are driveways in which a center portion of the width remains landscaped and are permitted: SO long as each wheel strip is at least 18 inches in width and the area between the wheel strips is landscaped with living groundcover. However, within the public right-of-way, the driveway must bef fully paved alongi its total width.  D.  exception(s):  adjacent parcels.  5.4.1.E-Delew  PC2 24-02 - Text Amendment- Page 9 Last Modified: 6/11/20244:12PM.    MAXG GARAGE APRON! LENGTH!  DUAL IVEW FULL wIy HARDSCAPE ON RIGHT-OF-WAY RIGHT-OF-WAY-  DOUBLE-TRACK DRIVEWAY REQ. 5' PAVED APRON  STREET R.O.W.  GARAGE MAX. GARAGE ARPON LENGTH MAX. GARAGE APRON WIDTH PAVED DRIVEWAY  Figure 5.4.A Double-track Driveway Example G. Garage Aprons., A garage apron is a paved area ini front of a garage that exceeds the maximum permitted driveway width. Iti is permitted to extend for a depth of twenty-six (26) feet from the garage doors, at which point the driveway must be noy wider than ther maximum permitted driveway width. The garage apron may be only as wide as the width of the garage.  ETI STREET  R.O.W.  Figure 5.4.B Garage. Apron. H. Materials. All portions of a driveway shall be constructed of like material. Driveways shall be constructed of concrete, asphalt, driveway pavers, or brick unless explicitly permitted otherwise in this code. A driveway on private property shall have the following thicknesses:  PC24-02 - Text Amendment- Page 10 Last Modified: 6/11/2024 4:12PM    Concretè shall be at minimum four (4) inches int thickness with ar minimum off four (4) inches of base aggregate. ii. Asphalts shall be: at minimum two (2) inches in thickness with a minimum of six (6) inches of base aggregate. iii. Paver and brick driveways shall be constructed to the manufacturer's specifications. If no such standards exist, the Planner, Building Inspector, or Public Works Director may set the minimum requirements as they deem necessary. Right-of-way Material Standards. All portions ofa driveway located ona a public right-of-way shall be made of concrete or asphalt and shall have the following requirements: Concrete shall be at minimum six (6) inches int thickness. i. Asphalt shall be at minimum three (3) inches ini thickness. ii. Any other standards. required by the. Directon of Public Works. Gravel Driveways. Gravel driveways shall be permitted for single-family and two-family uses ont their own lot with thet following requirements: Slope. Gravel driveways must! have as slope of less than 15% in grade (less than 15 feet of rise per 100 linear feet). Driveways with a slope going downhill away from the right-of-way count as a slope less than  GRAVEL WITH EDGING REQ. 5' PAVED APRON  STREET R.O.W.  GRAVEL WITH EDGING PAVED. APRON OVERR.O.W. R.O.W.  15%.. R.O.W. STREET  D STREET  100% SLOPE/ 450  tr DRIVEWAY 0-15%6/00-90 /MAX3 3/20RISE  iil. Containment. A curbing material such as landscape timbers or other physical barrier approved by the. Planner must be constructed between a gravel driveway and any; side-yard line equal to or lower in elevation tot the driveway. v Type of Gravel. The gravel used must be angular and interlocking, y iv Additional Standards. The Director of Public: Works or the Planner may place additional requirements on gravel driveways to prevent negative impacts on the public right-of-way or adjacent property  i.. Right-of-way. Within they public right-of-way, the driveway must be fully paved along its total width and shall have. a minimum paved. length of five (5) feet, even if the length within the right-of-way is less.  PC:24-02 - Text Amendment Page 11 Last Modified: 6/11/2024 4:12PM    owners. Gravel driveways shall count as an  iv. Commercial Trailers. Trailers intended to be pulled by semi-trucks semi-tractorslor similar commercial vehicles shall not be parked or stored on any residential zoned or property solely used as a residential  impervious surface.  6. Vehicular Parkingand Parking Lots  A. Supplemental Regulations. Surface parking, parking not. located inside of a parking garage, may also be regulated by the Zoning District or Use type. Please: see Article 3 - Zoning Districts, Article. 4 - Use Standards, and Article 5 - Site Standards for more information. B. Parking on Landscaping. Vehicles may not be parked. or stored upon any lawny or landscaped area, with the following exceptions or Residential Dwellings and Storage of Trailers and RVS. Recreational vehicles (RV), trailers. or similar non-motorized apparatuses. may be parked ina side or rear vard landscaped area for a single family dwelling or duplex provided that the RV. trailer, or similar apparatuses are related to the principal use and do not violate: anyother part of thez zoningcode. a. Surface Requirements. The wheels and jack stand must be placed upon concrete. asphalt. driveway pavers.or similar permanent paved surfaces unless located on an approved b. Enclosed Trailers and RVs. Enclosed trailers such as cargo trailers or RVS must be more than 5 feet from all Front Yard. Trailers and similar-non: motorized vehicles mayr not be parked within thefronty vard.excentwhenona d. Operable. These trailers must be in operableconditionand legal for useon Number No more than two trailers may be parked on a landscaped area aspermittedi int this section. Holidays. Parking on landscaped areas during holidays observed by the City_of Fairmont State of West Virginia. or the United States of American shall be TL Special Event Permits, Vehicles may be permitted to park on landscaped areasion public land included in a special event permit unless there are signs at_the locations stating otherwise ori ift the parking of such vehicles creates a hazard or impediment for pedestrians or other  dwelling.  restrictions:  driveway, propertylines. driveway, public roads.  permitted.  motorists.  PC24-02 - Text Amendment- Page 12 Last Modified: 6/11/2024 4:12PM    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.  SAVINGS:  Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are. hereby  saved.  EFFECTIVE DATE:  This ordinance shall become effective thirty (30). days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM3    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLES.OSITE, STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENT TO REPEAL AND REPLACE REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10 ACCESSORY BUILDINGS AND STRUCTURESTO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS UNDER THE CIRCUMSTANCES AS DESCRIBED.  SYNOPSIS  By this proposed ordinance, if enacted, Council amends and supplements Article 5.0 Site Standards of the provisions of the City of  Fairmont Planning and Zoning Code and more, particularly:  Section 5.9 Refuse Containment and Mechanical Equipment to repeal and replace certain regulations to permit for a single-family dwelling or duplex to obtain a Conditional Use Permit for garbage and refuse container enclosure  to be located in the front yard; and  Section 5.10Accessory Buildings And. Structures to permit for accessory structures in the corner side yard SO long as they do not encroach upon the front yard or prevailing front yard, and exempt small or ephemeral structures  from zoning permits.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE5.0. SITE. STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENT TO 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.  WHEREAS, the Planning Commission for the City of Fairmont on. June 5, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications as set forth in the title.  WHEREAS, the proposed modifications are. consistent with the City of NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 5.0 Site Standards and more particularly, Section 5,9 Refuse Containment and Mechanical Equipment, and Section 5.10 Accessory Buildings and Structures be and are hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double underlined)  Fairmont's Comprehensive Plan.  Remainder of page blank    Primary Text Amendment Recommendation  5.0  SITE STANDARDS  5.10 ACCESSORY BUILDINGS ANDS STRUCTURES 1. Number of Buildings on a Parcel. Only one principal building and its customary building(s) shall be located on districts that permit al lot to contain both residential and nonresidential uses in one or more principal structures or within the same structure. 2. Front Yard. No accessory building shall be within the front yard, but may be permitted within the corner: side yard as described below. 2 Corner Lot. In the case. of a corner lot, no accessory building shall be located within a prevailing front yard or required fronty vard in the corner side yard secondaryfrontagelmo-wallefan a9essoRHBdESgenalbenearertethe-cererside -me-hn-the-seiset 3.Accessory Buildings Attached to a Principal Building. Accessory buildings attached to the principal building by an approved breezeway or similar structure shall meet all yard. requirements 4.Size. The aggregate floor area of all accessory structures shall not exceed one-half (42) the total floor area of the principal structure. 6, 5.Satellite Dishes. Satellite dishes note exceed two (2)1 feet in diameter. 7. 6.E Permitted Yard Encroachments. Mailboxes, newspaper boxes, walls, fences, birdhouses, flagpoles, and-pump covers, hand railing, and similar accessory: structures. as determined by the Planner, may be placed in any front, side, or rear Z Permit Exempt Structures. Ephemeral structures or similar easily removable or relocatable structures that are four (4)feet in heightor less. less than64 SF in surface area. do not require foundation or similarstructural. element.anddonot require any building permits or inspections (plumbing, electrical., etc) are exempt from zoning  5.9 REFUSE CONTAINMENT ANDI MECHANICAL  (1) accessory in any lot, except  EQUIPMENT  Residential Districts: Pash--eontainers meehanga-equpment: shal-be-oeated-nhe EdEyeNEamaehal-beseseneon - AGRrENi-DeMsE-Tashgemianescand mehansaleaupmenclemi-lsasdingdess,oasing Bahas,amcsmersionsogeasesemdNe.t seshaHbeisasiadinthesieeasyendand -B-seRena-fonkeat MPmeNHeFPAPFESesenla-use-shai-be EISKAARRdHNvee-gHestem-ine peryina-Seesastens5.6Cferseenrg 1. SinglefamiyDwellngs and Duplexes: Garbage and refuse containers.and mechanical equipment shall be located in the side or rear vard and shall be screened from view of thes street andf front yard with A. Ifthere is no other practical location available fors storage of refuse.a Conditional Use Permit may be obtained for storing of garbage and refuse containers.withint thet frontyardwithina mostly opaque. animal proof, and sturdy enclosure which conceals the garbage and refuse containers from view and diminishes negative impacts on adjacent properties. The enclosure may be no more than thirty-two (32) SF in area and no more than five (5) feet in 2. ALOther Uses: Garbage and refuse containersand mechanical equipment shall be located in thes side orrear yard and shall be screened from view from the right-of-way, Mechanical equipment for non: residential uses shall be setback a minimumof three (3) feet from the property line. See Section 55.6Cforscreeningrequirements.  requirements:  located  irdturegntnesamelet.  requirements  the following exception:  fora a principal building.  may  yard.  height.  a permanent  permit review and approval.  PC24-03 - Text Amendment Page 5 Last Modified: 6/11/20243:16PM:    Examples include mailboxes. bird baths. plastic storage bins, trampolines, above ground plastic wading pools. metal pole swing sets (if less than fifteen [151 feet in height), outdoor lawn or patio furniture (including shade umbrellas less than fifteen [15] feet in height). light posts illuminating sidewalks or driveways (less than eight [81 feetin height). pet houses, raised bed gardens, or similar structures as determine byt the Planner, This shall not permit for any accessory structure which is otherwise regulated by the zoning code. building code. or fire code tol be exempt from zoning or building permits. This does not exempt parcels or their improvements from the impervious coverage or building coverage limits for the zoning districti in  which they are located in.  PC24-03 - Text Amendment Page 6 Last Modified: 6/11/2024 3:16P PM    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 andi effect.  SAVINGS:  Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending ina any court, or right or rights acquired or liability incurred, on any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby  saved.  EFFECTIVE DATE:  This ordinance shall become effective thirty (30) days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM4    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLEZ.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.  SYNOPSIS  By this proposed ordinance, if enacted, Council amends and supplements Article 2.0 Definitions and Measurements of the provisions of the City of Fairmont's Planning and Zoning Code 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 revised definitions are more consistent and in  keeping with other defined terms.    ORDINANCE NO.  AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLEZ.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.  WHEREAS, the Planning Commission for the City of Fairmont on June 5, 2024, after public hearing duly noticed, recommended to the Council for the: City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City's codified planning and zoning code to implement the proposed modifications as set forth in the title.  WHEREAS, the proposed modifications are consistent with the City of NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 2 Definitions and Measurements of the provisions of City's codified planning and zoning code be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New: matter double  Fairmont's Comprehensive Plan.  underlined) 2.2 INTENT  For the purpose of interpreting this Zoning Ordinance, certain words, concepts, and ideas are defined herein. Except as defined herein, all other words used in this Zoning Ordinance shall have their everyday meaning as  determined by thein dictionary definition.  Remainder of page blank    Staff Recommended. Alternative 1  2.0 DEFINITIONS AND MEASUREMENTS  Reseurees-No-morethan-wooftmetotalumberef CAHGFeP-Ray-De.uRdeFIweRSy-CUEmORtASeFage.  2.2 INTENT C  D  Day Care Center- Af facility operated for the care of 13or more children on a nonresidential basis as determined by and licensed by WV Department of Health and Human nonresidential child care for compensation for seven (7) totwelve (12).children for four (4)ormorel hours per day, including children who are living in the household who are under six years of age as determined by and licensed morei thand four (4)oft the total number of children maybe nonresidentiall child care for compensation in the provider's home. The provider may care for no moret than six children, including children who are livingint the household. who are under six years of age as determined Resources. No more than two of the total number of  ChldCare-Center-AfaaityoperaledioFthe-8ar80F13 Fmoeclhdenonamonesidentasnasisas: determined ChdCare-Faely-AA/BeHPWMeNIS-sedHeprevide monresidenua/enidcarelorcompensaliontorsevent AcladingehidFen-wRearelMgtne-neuseheldwhe yWWDepaRtmeRteHEAHAaRSHUmAn-Resowrees-Ne Child-Care-Home-AfaelywPGSUrovide Aonresidenta-eelidearelercompensation-nthe Sixehidren-includingohidremweaareMinginthe byandHeensed-by-wDepammentafHeHhand-umaA  Resources,  by-and- HcensadbywV-DeparmepatimentofHeallhand. Human Day Care Facility- Anyf facilitywhich is used to provide  Reseurees.  e-wee112/9hMReRiOHOHP4POFmeere-OISpedey bywV Department of Health and Human Resources. No more1n8RHOE4emelca-umberafchlidren-may-be Day Care Home Af facility which is used to provide  reundersiwyearsofaisdfageasdetemminesbyandieensed under 24 months of age.  under24montnsdfage.  PMVGBFS-Ome-fhepowSrmayearelerPP-OF1haA bya and licensed by WV Department of Health and Human R0MSehe-WPeareumersyeisdised children may be under twenty- four months of age.    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.  SAVINGS:  Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending ina any court, or right or rights acquired or liability incurred, or any cause or causes under any. other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby  saved.  EFFECTIVE DATE:  This ordinance: shall become effective thirty (30) days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM5    ORDINANCE NO.  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 THEREIN.  SYNOPSIS  By this proposed ordinance, the Council for the City of Fairmont provides for certain amendments to Article 3 Zoning Districts of the provisions of the City of Fairmont's codified planning and zoning code, and more particularly the Use. Chart, Table 3-A Permitted Principal Uses to accommodate the following uses as more particularly set out in the ordinance: make Day Care Facility a Permitted Use in Neighborhood Mixed Use (NMU) District; and make  Child Care Center Conditionally Permitted therein    ORDINANCE NO.  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.  WHEREAS, the Planning Commission for the City of Fairmont on June 5, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance providing for certain amendments to the provisions of the City 's codified planning and zoning code, to implement the proposed modifications as set forth in the ordinance title..  WHEREAS, the proposed modifications are: consistent with the City of NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 3. Zoning Districts, Use Chart, TABLE3 3-A Permitted Principal Uses of the provisions of the City of Fairmont Codified Planning and Zoning Code be and is hereby amended and supplemented as follows: (Matter to be deleted  Fairmont's Comprehensive Plan.  stricken through; New matter double underlined)  REMAINDER OF PAGE BLANK    Staff Recommended Alternative 1  Table 3.A  Permitted Principal Uses  I 3 a  Use Standards  Residential  Dwelling, Detached Single-Family) Dwelling, Accessory Units (ADUS) Dwelling, Duplexes (Attached Two- Family Homes) Dwelling, Townhomes (Attached Single-Family) Dwelling, Multi-Family Dormitory Group Residential Facilities Group Residential Homes Residential Care Facility Mobile Home Parks Chd-Care-Heme Home Occupations, Minor Home occupations, Major Live-Work Units Bed & Breakfast Inns Hotel Inns Motels Assembly Cemetery Civic Uses College/ /University Emergency Shelter Medical Institution Primary/Secondary: School Religious Uses Accessory Structures (as a Principal Use) Adult Entertainment Animal Boarding Establishment Animal Care Establishment Bars and Nightclubs Bars, Neighborhood Brewpub  o o o o e e o O o o o o o o e o o e  4.25  o  O  4.37  4.23 47 4.17 4.17 4.22 4.5 4.14 4.14 4.14 4.6 4.9&4.19 4.9 4.41 4.14 4.9 4.8 4.16 4.2 4.44 4.44 4.4  o o o o  Lodging  e  o o e o o o e o o o O o o o o o o o o o  o o o o o o o o oO  O  Civic  o o o o o o o o o o o o o o o o o o o o o e o o o 0 o  o o o o o  o o  o o o o o o o  Commercial    Table 3.A  Permitted Principal Uses  8  1 3 a  Use Standards 47 47 4.11&4.3 4.51 4.7 4.7 4.784.17 4.13 4.51 4.21 4.27 4.22 4.24 4.27 4.27 4.27 4.27 4.10& 4.27 4.30 4.31 4.27 4.27 4.27 4.27 4.10& 4.27 4.3 4.35  Car Wash Chid-Gare-Center ChdCare-Faely Commercial School Convenience Store (with Fuel Sales) Craft Production Facility Microbrewery /Microdistillery/N Microcidery) Crematorium Day Care Center Day Care Facility Day Care Home Drive-through Facilities Dry Cleaning Establishments Entertainment Uses Funeral Services Limited" Video Lottery Manufacturing and Sale, Artisan Medical Clinic Mixed-Use Buildings Mobile Vending (Vehicle, Street, Sidewalk) Nanobrewery Office Use, not to exceed: 2,500sqft Office Use, not to exceed 5,000sqf ft Office Use, not to exceed 15,000s sq ft Office Use, 15,000: sq ft to 30,000 sq Office Use, exceeding 30,000: sq ft Recreational Facilities Restaurants Restaurant with Alcohol Sales Retail and Service use, not to exceed 2,500sqft Retail and Service use, not to exceed 5,000s sq ft Retail and Service use, not to exceed 15,000 sq ft Retail and Service use, 15,000 sq ftto 30,000 sqft Retail and Service use, exceeding 30,000 sq ft Retail and Services, Heavy Temporary Uses  le de  e o o O O e o o e  o to o o to lo  o o o o o )  o  o  ft  ) O O o  o o o o o o  o  O  o o o o  0    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.  SAVINGS:  Nothing in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending ina any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such. other ordinances; codes, causes, rights and remedies are hereby  saved.  EFFECTIVE DATE:  This ordinance shall become effective thirty (30). days after adoption.  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM6    ORDINANCE NO.  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 STANDARDS RELATING  THERETO.  SYNOPSIS  By this proposed ordinance, if enacted, Council amends and supplements Article 4.0 Use Standards of the provisions of the City of Fairmont's codified planning and zoning code to create, amend and  supplement use standards for day care business as follows:  Lower the required outdoor play area fence height to 4.0 feet, which is the standard established by the West Virginia State Code; Amend the language to accommodate the use of certain public parks as the required outdoor play area for certain day cares; Establishing subsection headings to be used in Section 4.7.    ORDINANCE NO.  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 STANDARDS RELATING  THERETO  WHEREAS, the Planning Commission for the City of Fairmont on June 5, 2024, after public hearing duly noticed, recommended to the Council for the City of Fairmont the adoption of an ordinance. providing for certain amendments to the provisions of the City's codified planning and zoning code, to implement the proposed modifications as set forth in the title.  WHEREAS, the proposed modifications are consistent with the City of NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: ARTICLE 4 Use Standards of the provisions of the City of Fairmont Planning and Zoning Code be and is hereby amended and supplemented as follows: (Matter to be deleted stricken through; New matter double  Fairmont's Comprehensive Plan.  underlined)  Remainder of page blank    4.0 USE STANDARDS  asplayground areas. Parks-may-be-used-to metowcoraghNay-reguremes-F-ccated mmediatelyadasenttotnefaey Public Parks. Parks may be used to meet outdoor activity requirements if contiguous to the facility, Alplay-equpmentshal-be-losated in-the fened-area-Fontyerds-shal-Rot-De used asplaygroundareas. . Landscaping and Fencing, Decorative fencing or a vinyl coated chain link fence screened with landscaping shall be provided when the fence is visible from thes street. A. Licensing and Inspections. AIl child day_care providers, be they state or privately operated, shall obtain a liçense from the WV Secretary of State and the DHHR. Each facility shall also be inspected by the City Building Inspector and Fire. Marshal to ensure the safety of both children clients and employees, B. Signage Prohibited.There shall be no outdoor advertising or signage permitted for a day child Home Occupation Classification. AIl day child care homes shalll be considered a home occupation and are subject to the rules and regulations as statedi in Section 4.17. D. Parking Restriction. A day child care. home is not permitted to have additional parking beyond the normal requirements of a  4.7 CHILD DAY CARE BUSINESSES 1. Center/Child Care Facilities or Centers Facility A. Licensing and Inspections. AIl child çare providers, be they state or privately operated, shall obtain a license from the WVS Secretary of State and the DHHR. Each facility shall also be inspected by the City Building Inspector and Fire Marshal to ensure the safety of both B. Indoor Space. A center shall provide a minimum of thirty- five (35) square feet of useable indoor space per child and any rooms and/or areas that have not been approved for the use of children shall be made inaccessible. No activity space may be created in the basement of a structure unless expressly approved byt the Fire Marshal, Outdoor Space. An outdoor activity area must bep provided by the center allowing a minimum of seventy-five (75) square feet of space per child. Should the minimum space not. be available, a rotating outdoor. activity schedule shall be established to meet. the minimum requirements and ensure that each child be afforded outdoor playtime every day. D. Outdoor Activity Areas. The outdoor activity area noted above shall be located in the rear yard or side yard and must be fenced. Fences shall be a minimum of four (4) Six-(6) feet in height. AIL play_equipment. shall be located in the fenced area. Front yards shall not be used  children and employees.  2. Ghild Day Care Home  care home.  residential district.    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.  SAVINGS:  Nothing, in this Ordinance shall be construed to affect any other ordinance or code of the City of Fairmont, or any suit or proceeding pending ina any court, on right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code of the City of Fairmont, including any act or ordinance repealed; nor shall any just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are hereby  saved.  EFFECTIVE DATE:  This ordinance. shall. become effective thirty (30) days after. adoption..  Adopted this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM7    ORDINANCE NO.  AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF  RIGHTS  SYNOPSIS  This proposed ordinance authorizes the sale of certain personal property of the City of Fairmont which has been determined to be unnecessary, nappropriate, not required for the use of, unprofitable to, and not in the best interest of the City. The property is identified with particularity on the list entitled Inventory of City of Fairmont Declared Surplus Property, dated as of  July 1, 2024, attached to the ordinance.  Subject to any stated reserve, the Finance Director, or her designee, is authorized by this ordinance to fix, or cause to be fixed, the time, terms, manner, and place of said public auction or to provide for sale by an internet- based auction with the stipulation that the sale of all of such property shall be "AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. Notice of the auction shall be published as a Class II Legal Advertisement in a newspaper in general circulation in the City of Fairmont as required by the provisions of West  Virginia Code $8-12-18.  This proposed ordinance requires that all City decals, insignia, and other evidence of City ownership shall be removed from each and every item of  personal property prior to sale.  This proposed ordinance reserves unto the City the right, without further notice, to remove any item from the sale, immediately halt the sale, or take any other action regarding the sale deemed in the best interest of the City.    ORDINANCE NO.  AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY: OF THE CITY OF FAIRMONT;  RESERVATION OF RIGHTS  WHEREAS, the City of Fairmont is the owner of certain items of personal property identified on the attachment entitled Inventory of City of Fairmont  Declared Surplus Property Dated as of July 1, 2024.  WHEREAS, it has been estimated that certain of said items may have an WHEREAS, West Virginia Code $8-11-3(6) requires the adoption of an ordinance prior to the sale of personal property belonging to a municipality. WHEREAS, West Virginia Code $8-12-18(b) requires the sale of such property for fair and adequate consideration at public auction or by an  individual value in excess of $1,000.00.  internet-Dased auction.  NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING: The continued ownership of the items of personal property identified on the Inventory of City of Fairmont Declared Surplus Property Dated as of July 1, 2024, attached hereto and made a part hereof as iffully set out verbatim herein, is no longer necessary, appropriate, required for the use of, profitable to, or in the best interest of the City and the same  should be sold.  SECTION 2. SALE AUTHORIZED: The Finance Director, or her designee, be and is hereby authorized to conduct, or otherwise cause to be conducted, a public auction or to provide for sale by an internet-based auction said  personal property of the City of Fairmont.  Subject to any reserve or starting bid, the Finance Director, or her designee, is hereby authorized to accept from the highest bidder a sum found.  to be fair and adequate consideration in their sole discretion.  All City decals, insignia and other evidence of City ownership shall be  removed from each and every item of personal property prior to sale.    SECTION 3. TERMS OF SALE: The Finance Director, or her designee, shall fix, or cause to be fixed, the time, terms, manner, and place of said auction consistent with the provisions of West Virginia Code $8-12-18(b) however, the sale of any item of such property shall be "AS IS WITHOUT  WARRANTY, EXPRESS OR IMPLIED".  SECTION 4. RESERVATION OF RIGHTS: The City of Fairmont hereby reserves the right, without further notice, to remove any item of property identified above prior to sale, immediately halt any sale, or take any other action with regard to any item of said property or such sale in the entirety which it deems necessary in the best interest of the City of Fairmont.  No reservation of rights hereunder by the City of Fairmont shall imply an obligation on the part of the City of Fairmont to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of the City of  Fairmont's right to exercise same at a later date.  SECTION 5. NOTICE: The Finance Director, or her designee, shall cause a Class II Legal Advertisement to be published advertising the place, time, and terms of such sale together with a brief description of the property to be sold in accordance with the provisions of West Virginia Code $8-12-18(b). This Ordinance. shall be effective thirty (30) days after adoption.  Passed this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK        ITEM8    ORDINANCE NO.  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 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 BLKI BLT2 WALNUT. AVE (PLAT S-A-E)FAIRMONT LT 24A FENNIMORE ST (PLAT 43-1G2,FAIRMONT BLK5LT1 WATSON AVE (PLAT 509-485), FAIRMONT BLK6LT4C CLIFF AVE (PLAT 171-362,FAIRMONT PTLTHIGH: ST, FAIRMONT! FAIRMONT CORP LTMONROE ST, FAIRMONT FAIRMONT CORP PTLS25-26 HOWARD: ST, FAIRMONT FAIRMONT PTLT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP BLK 20 LOT: 21 ELK AVE (PLAT 424-351), FAIRMONT 12701 SQFT OR 0.3014. AC. HAYMOND ST, FAIRMONT PTLT STEVENS ALLEY, FAIRMONT UNION CORP LOT: 32 OREGON AVE, FAIRMONT WINFIELD CORP LOT: 31 OREGON AVE, FAIRMONT WINFIELD CORP  FAIRMONT CORP FAIRMONT CORP FAIRMONT CORP FAIRMONT CORP  CORP  FAIRMONT CORP UNION CORP  BYTHE 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 ADOPTEDTHEREUNDER; RATIFICATION.  SYNOPSIS  By this proposed ordinance, the Council of the City of Fairmont provides for and authorizes the purchase of the real estate described in the ordinance title from the State of West Virginia Auditor. The Deputy Commissioner offered the property for sale on. June 28, 2024, asa result ofthe non-payment ofreal estate taxes due thereon. The City was the highest bidder at the sale. The City has received notification that its purchase of these properties has been approved  by the Auditor ofthe State of West Virginia. be $26,154.82, no more no less.  The total consideration to be paid the West Virginia State Auditory for said property shall In addition, by this proposed ordinance, the Council of the City of Fairmont further provides for and authorizes the subsequent transfer of said real estate. from the City of Fairmont to a subsequent purchaser or purchasers in accordance with the City of Fairmont's approved  Home Rule Plan and thes ordinances and resolutions adopted thereunder.  The public purposes to be served by the purchase oft these property includes the removal In addition, by this proposed ordinance, the Council for the City of Fairmont ratifies, confirms, and approves all actions taken in furtherance of the transactions contemplated by this  of slum and blight, among others.  ordinance which may have occurred prior to the ordinance's effective date.    ORDINANCE NO.  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: CERTIFICATIONE 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 5)-A-EFAIRMONT LT 24A FENNIMORE ST (PLAT 43-162,FAIRMONT BLK5LT1 WATSON AVE (PLAT 509-485), FAIRMONT BLK6LT4CLIFF AVE (PLAT 171-G2AFAIRMONI PTLTHIGH: ST, FAIRMONTFAIRMONT CORP LTMONROE ST, FAIRMONT FAIRMONT CORP PTLS25-26 HOWARD: ST, FAIRMONT FAIRMONT PTLT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP BLK 20 LOT: 21 ELK AVE (PLAT 424-351), FAIRMONT 12701 SQFT OR 0.3014 AC HAYMOND ST, FAIRMONT PTLT STEVENS ALLEY, FAIRMONT UNION CORP LOT 32 OREGON. AVE, FAIRMONT WINFIELD CORP LOT: 31 OREGON AVE, FAIRMONT WINFIELD CORP  FAIRMONT CORP FAIRMONT CORP FAIRMONT CORP FAIRMONT CORP  CORP  FAIRMONT CORP 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 PURCHASERS) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND  RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION.    WHEREAS, the City of Fairmont desires to provide for and authorize the purchase of the hereinafter described real estate from the State of West Virginia Auditor, and to further provide for the transfer of said real estate from the City of Fairmont to a subsequent purchaser or purchasers in accordance with the City of Fairmont's approved Home Rule Plan and the  ordinances and resolutions adopted thereunder.  WHEREAS, the purpose of said purchase will provide for the removal of slum and blight and other public purposes, including recoupment of expenses incurred for demolition,  among others.  WHEREAS, the Auditor offered the properties for sale on June 28, 2024, as a result of the non-payment of the real estate taxes. The City was the highest bidder, and the City has received notification that its purchase of said properties has been approved by the Auditor of the  State ofWest Virginia.  WHEREAS, West Virginia Code $8-11-3(6) provides that the purchase of private property or the interests in private property by a municipality must be authorized by ordinance; NOW THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING AND APPROVAL: The purchase of the following described parcels of real from the State of West Virginia Auditor and the possibility of the transfer of the real estate. from the City of Fairmont to subsequent purchaser or purchasers in accordance with the City of Fairmont's approved Home Rule Plan, will serve a public purpose; will provide for the abatement of dilapidated, abandoned and vacant structures; and the purchase of the subject real estate is in the best interest oft the City of] Fairmont and the same is approved.  SECTION. 2. AUTHORZATIONAPPROVAL: The City Manager for the City of Fairmont be and is hereby authorized, empowered and directed to execute and deliver, for and in the name and on behalf of the City of Fairmont, all documents which are deemed neçessary to provide for the purchase of the real estate hereinafter described, to take delivery ofa deeds for said property, and to provide for the transfer of the real estate from the City of Fairmont to a subsequent purchaser or purchasers in accordance with the City of Fairmont's approved Home Rule Plan, to do all acts and things as may be reasonable, necessary and desirable to consummate the transaction contemplated hereby and otherwise çarry out the purpose and intent of this ordinance, in such form as the City Manager executing the same may approve, such approval and the propriety and necessity of said documents to be conclusively evidenced by the execution  thereof.    SECTION3 3. DESCRIPTION OF PROPERTYTO BE CONVEYED:  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 BLT2 WALNUT AVE (PLAT5 59-A-BAFAIRMONT LT24A FENNIMORE ST (PLAT 743-162,FAIRMONT BLK 5LT1 WATSON AVE (PLAT 509-485), FAIRMONT BLK 61 LT4 4 CLIFE AVE (PLAT 71-362,FAIRMONT PTLTHIGHST, FAIRMONT FAIRMONT CORP LTMONROE: ST, FAIRMONTFAIRMONTCORP PTLS 25-26 HOWARD ST, FAIRMONT FAIRMONT CORP PTLT1 10 OGDEN AVE, FAIRMONT FAIRMONT CORP BLK 20LOT 2 ELK AVE (PLAT 424-351), FAIRMONT 12701 SQFT OR 0.3014 AC HAYMOND ST, FAIRMONT PTLT STEVENS ALLEY, FAIRMONTUNION CORP LOT 32 OREGON AVE, FAIRMONT WINFIELD CORP LOT: 31 OREGON: AVE, FAIRMONT WINFIELD CORP  FAIRMONT CORP FAIRMONT CORP FAIRMONT CORP FAIRMONT CORP  FAIRMONT CORP UNION CORP  SECTION. 4. RESTRICTIONS: Any conveyance of the subject real estate shall be made subject. to all such reservations, exceptions, covenants, restrictions, limitations, easements, agreements, and rights of way set out in the chain of title insofar as the same are now in force  and effect.  SECTION 5. CONSIDERATION: The total consideration to be paid the West Virginia SECTION 6. RATIFICATION: All acts, actions or things as may have been done and all documents executed and delivered in furtherance of the transactions contemplated by this ordinance, ifd done, and/or executed and delivered prior to the effective date oft this ordinance, are  State Auditory for said property shall be $26,154.82, no more no less..  hereby ratified, confirmed and approved.    SECTION: 7. EFFECTIVE DATE: This Ordinance shall become effective thirty (30)  days after adoption. Adopted this  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM9    ORDINANCE NO.  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  SYNOPSIS  This ordinance authorizes, approves, provides for, and directs the acquisition, establishment and/or construction of that certain public improvement project identified as the Potable Water Storage Tank Coating, Repair, and Modification Project, which project consists of cleaning, blasting, coating, and making miscellaneous modifications to certain steel water storage tanks owned and operated by the City of Fairmont or its utility.  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. This ordinance provides for and authorizes the execution and delivery of any and all documents necessary to provide for said public improvement 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 inf furtherance of providing for said 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, 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  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.  WHEREAS, the City of Fairmont, pursuant to the provisions of West Virginia Code $8-19-19 adopted Ordinance No. 1501 on August 23, 2010, creating the City of Fairmont Water Board and vesting it with the full power and authority to operate and maintain the City's water works system.  WHEREAS, the City of Fairmont Water Board proposes to provide for the coating, repair and modification to certain potable water storage tanks  operated as part of its water works system, the "project."  WHEREAS, the cost of the Project is to be partially funded by the City of Fairmont's American Rescue Plan (ARPA) funds allocated by Resolution of  Council for such purposes.  WHEREAS, the arorementioned code sections and West Virginia Code $8-11-3(5) require that the City of Fairmont provide by ordinance for à public improvement and the Council for the City of Fairmont finds that the  contemplated project is a public improvement.  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 acquisition of a certain public improvement project, namely the Potable Water  OF FAIRMONT THAT:    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. The total cost of the project is not expected to exceed the  amount estimated by the Project Engineer.  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 Project, 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  SECTION 5. Any and all actions heretofore taken by the City of Fairmont or the City of Fairmont Water Board in furtherance of this public improvement  be and the same are hereby ratified, confirmed. and approved.  Passed this the  day of  2024.  MAYOR  ATTEST:  CITY CLERK    ITEM  10    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. Ifthis 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: [JULY8, 2024] SEPTEMBER 30, 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] $ 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 [$40,752.00] $ 44,252.00  Class Pay Title Auto Service Person Utility Accounting Clerk Inventory Control Clerk Plumber/Piperiter Equipment Operator II Customer Service Representative Equipment Operator III Customer Service Representative 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  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-WWate/Wastewater: $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: [JULY8, 2024] SEPTEMBER 30, 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 to 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. (WVLEC Certification pay is from.date-oncertficate.  not retroactive to date of hire.)    CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES  INTERNATIONAL ASSOCIATION OF FIREFIGHTERS EFFECTIVE DATE: [JULY 8, 2024] SEPTEMBER30, 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 aF 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] SEPIEMBER30.2024  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&OT 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 supervsorstormwater 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-REPRESENTEV, NON-EXEMPT EMPLOYEES PAY PLAN EFFECTIVE DATE: [JULY8, 2024] SEPIEMBER30.2024  A. Position Related Certification Pay i.Utility & Public Works Positions PSC Meter Certification - $0.39/hour WVDOH Roads Scholar -$0.79/hour Class I-I IWater/astewater- - $0.79/hour  Position Description Mandated CDL Certification $0.75/hour  State of WVLab Certification (Microbiology) Water/Wastewater-s $0.79/hour WVBPH Water Distribution System Certification $0.79/hour WVBPH Wastewater Collection System Certification: - $0.79/hour: ii. Building Inspection & Code Enforcement Positions  Certification in any discipline by passage of [BOCA orl ICC exam $0.39.50.45/hour  Asbestos Certification - $0,3990.45hour  WV State Journeyman Electrical License - [$0.39/S0.45/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-REPRESENTE, EXEMPT EMPLOYEES PAY PLAN EFFECTIVE DATE: [JULY8, 2024] SEPTEMBER 30, 2024  Class Pay Grade 532 533 535 540 545 546 549 550 555 560 561 570 575 580 585 590  [Class Base Class Base  Class Pay Title  Pay]  Pay  Parks and Recreation Coordinator  [$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  Accountant secretary/Treasurer Public Works Operations Supervisor Grant Administrator Human Resource Manager Assistant Finance Director City Planner (Planner II). Assistant Engineer Information Technology Technician WWTP 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-WWater/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] $ 72,982.00 [$71,882.00] [$72,560.00] [$77,580.00] $83,293.00] [$84,774.00] [$84,774.00] [$86,391.00] [$90,754.00]  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 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 - $0.3980.45/hour  and Utilities, Excludes Professional Engineer: Asbestos Certification - $0.3990.45/hour  WV State Journeyman Electrical License - [$0.39] $0.45/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 $0.39/hour individually)  Certified Municipal Clerk IIMC (International Institute of Municipal Clerks) - [$.79)$1.10hour State of WV 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 VWater/Wastewater $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: [JULY-8, 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 is from date on certificate.  not retroactive to date of hire.)  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 oft 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 shalll 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    ITEM 11    ORDINANCE NO.  AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING SUBSECTION (a) - STREET. SWEEPING CHARGE OF SECTION3- SPECIAL CHARGES, ESTABLISHED. AND IMPOSED, OF ARTICLE920 STREET SWEEPING, AND STREET MAINTENANCE AND IMPROVEMENTAND POLICE PROTECTION 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 SECTION3- SPECIAL CHARGES ESTABLISHED. AND IMPOSED, OF ARTICLE920 STREET SWEEPING AND STREET MAINTENANCE AND MPROVEMENTAND POLICE PROTECTION 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 $.63 peri month per month per customer.  on the finances of the City of Fairmont.  NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT THAT: Subsection (a) - Street Sweeping Charge of. Section 3 Special Charges Established and Imposed of Article 920 Street Sweeping, And Street Maintenance. And ImprovementAnd Police Protection Charges, be and is hereby amended as follows: (Matter to be deleted bracketed; new matter double  underlined).  PART NINE: STREETS, UTILITIES AND PUBLIC SERVICES CODE  CHAPTER ONE: STREETS AND SIDEWALK AREAS  ARTICLE 920 STREET SWEEPING AND STREET MAINTENANCE AND SECTION 3. SPECIAL CHARGES ESTABLISHED AND IMPOSED  IMPROVEMENT CHARGES  (a) Street Sweeping Charge. For services rendered on or after [the effective date of this Ordinance] September 27, 2024, for the essential    municipal service of street cleaning and the proper disposal of the material generated thereby there is hereby imposed, established, and charged upon each resident who maintains a residential, commercial, and industrial customer account of the City of Fairmont a special charge of [sixty-three cents ($.63]  zero cents ($0.00) per month.  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  12    RESOLUTION  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, 2024AT5:30 P.M.  SYNOPSIS  This proposed resolution provides for the City of Fairmont's support for the Marion County Public Library System Foundation's Library After Hours Event to be held at the Marion County Library, 321 Monroe Street, Fairmont, West Virginia; Marion County on Tuesday, September 10, 2024, at 5:30 p.m.  This resolution contains a disclaimer that by supporting this event no relationship is created between the City of Fairmont and the event sponsor.    RESOLUTION  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. WHEREAS, The Marion County Public Library System Foundation: has slated Tuesday, September 10, 2024, at 5:30 p.m., as the date and time for its Library After Hours Event to be held at the Marion County Library, 321 Monroe Street, Fairmont,  West Virginia;  WHEREAS, Council for the City of Fairmont, recognizing that such public events play in the development of a sense of community, finds that it is in the City's best  interest to support and endorse said event.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: SECTION 1. ENDORSEMENT. The City of Fairmont does hereby support and endorse the Marion County Public Library System Foundation's Library After Hours Event to be held at the Marion County Library, 321 Monroe Street, Fairmont, West Virginia; Marion County on Tuesday, September 10, 2024, at 5:30 p.m.  SECTION 2. DISCLAIMER. By supporting/endorsing this event, the City of Fairmont does not intend to create any relationship by and between it and the event sponsor, Marion County Library System Foundation, and nothing herein contained shall be construed SO as to create any such relationship, whether in the nature of a partnership, joint venture, joint enterprise, or any other relationship, or as constituting Marion County Library System Foundation as the agent or representative of the City of Fairmont for any purpose, and any such relationship is hereby  disclaimed.  SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately.  Passed this the 13th day of August, 2024.  MAYOR  ATTEST:  CITY CLERK    ITEM  13    RESOLUTION  A RESOLUTION OF THE COUNCIL OF THE CITY OF 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 SERVICES IT PROVIDES  SYNOPSIS  By this proposed resolution, the Council for the City of Fairmont. manifests its support for the continued operation of the John Manchin Sr., Health Care Center, which provides valuable and unique health care and other services to the citizens of the City of Fairmont and the greater Marion County  Community    RESOLUTION  A RESOLUTION OF THE COUNCIL OF THE CITY OF 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 SERVICES IT PROVIDES  WHEREAS, initially established in 1899 for the purposes of treating persons injured in mining accidents, the. Fairmont Emergency Hospital provided quality medical care to local and state residents and inpatients of other state facilities at no charge until its closure and demolition in 1980. WHEREAS, following the demolition of the Fairmont Emergency Hospital, a modern governmental-state Medicaid and Medicare certified nursing home facility with 44 licensed beds was constructed on the site and named in honor of the late John Manchin, Sr. The facility has been maintained and upgraded since its construction earning an above average rating of 5-stars.  WHEREAS, in addition to providing quality in-patient nursing home care, the John Manchin, Sr. Health Care Center contributes to the local economy and provides numerous out-patient and community services to the citizens of  Fairmont and Marion County, West Virginia.  NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY RESOLVES THAT inn recognition of the economic contribution and the other valuable and unique services provided to the citizens of the City of Fairmont and the greater Marion County Community; the Council of the City of Fairmont hereby manifests its full support for the continued operation of the John Manchin Sr., Health Care  Center.  This resolution shall become effective upon adoption. Passed on this 13th day of August, 2024  MAYOR  ATTEST:  CITY CLERK    ITEM 14    RESOLUTION  A RESOLUTION OF THE COUNCIL FOR THE CITY OF 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 CITY OF FAIRMONT  AND MARION COUNTY, WEST VIRGINIA.  SYNOPSIS  By this proposed resolution, the Council for the City of Fairmont manifests its full support and endorsement of Monongahela Valley Association of Health Centers, Inc's efforts to provide valuable and uncompensated primary health care to the underserved, underinsured and uninsured residents of North Central West Virginia, including the residents of the City of  Fairmont and Marion County, West Virginia.    A RESOLUTION OF THE COUNCIL FOR THE CITY OF 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 CITY OF FAIRMONT AND MARION COUNTY, WEST VIRGINIA  WHEREAS, Monongahela Valley Association of Health Centers, Inc., (MVA) provides valuable and uncompensated primary health care to the underserved, underinsured and uninsured residents of North Central West Virginia, including the residents of the City of Fairmont and Marion County,  West Virginia;  WHEREAS, the Council of the City of Fairmont is pleased and encouraged by the efforts of the MVA employees and its Board of Directors in providing  health services to all residents in its service area;  WHEREAS, MVA Board of Directors is seeking federal grant funding in WHEREAS, continued funding for MVA will assure access to primary health care services to the underserved, underinsured and uninsured residents  its effort to continue to provide the aforementioned services;  in its service area; OF FAIRMONT THAT:  NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY  The efforts of Monongahela Valley Association of Health Centers,  Inc., to provide valuable and uncompensated primary health care to the underserved, underinsured and uninsured residents of North Central West Virginia, including the residents of the City of Fairmont and Marion County,  West Virginia, be and are hereby supported and endorsed. This Resolution shall be effective upon passage. Passed this the 13th day of August, 2024.  MAYOR  ATTEST:  CITY CLERK    TRMONT CHARTERED FEBRUARY 18.1899  CITY OF FAIRMONT  CITY/COUNTY COMPLEX PO. Box 1428 200.) Jackson Streer Fairmont, West Virginia 26555-1428 (304) 366-6211 (304)3 366-0228 FAX www.firmontvugov  August 13, 2024  Mr. Kevin Crockett, M.P.A. President/CEO PO Box 1112  Monongahela Valley Association: of Health Centers, Inc.  Fairmont, WV 26555-1112 Dear Mr. Crockett:  This letter is to support and endorse the efforts of Monongahela Valley Association of Health Centers, Inc. (MVA), to continue to provide primary health care to the residents of North Central West Virginia (all of Marion County and portions of Harrison, Monongalia, Taylor, and Wetzel Counties). I'am especially pleased and encouraged by the efforts of the MVA Board of Directors to provide health services to all residents in these communities. Funding for the health center will assure access of primary health care services to the underserved, underinsured, and uninsured population in the service area of MVA. The City of Fairmont strongly supports the continuation of the grant funding of MVA and looks forward to continuing to work with MVA Board  of Directors in carrying out its mission.  Sincerely,  Anne E. Bolyard Mayor  Enclosure AEB/jk    ITEM 15    As per Article V, Section B, Subsection (B) (2) of the Agreement for Services between the City of Fairmont and the Marion Regional Development Corporation, the City of Fairmont representative on the Board of Directors shall be at the discretion of the City Manager and to be confirmed by City  Council.  The City Manager is recommending the appointment of himself, Travis Blosser,  as the City's representative on the MRDC's Board of Directors.    MARION REGIONAL DEVELOPMENT CORPORATION  Resolution to Amend Corporate Bylaws  Article V, Section B. Election and Appointment of Directors and term,  Subsection (B)(2) Currently states:  In addition to: said elected Directors, the Marion County Chamber of Commerce Chairman or designee, and significant public sector funding entities may be appointed by the Board of Directors to Att the request ofi the City of Fairmont and byt the AGREEMENT FOR: SERVICES with the City of Fairmont dated September 9, 2021, Article' V, Section B, Subsection (B)(2) is amended: as follows:  serve thereon. These will be voting seats.  Ina addition to said elected Directors, the Marion County Chamber of Commerce Chairman or designee, and significant public sector funding entities may be appointed by the Board of Directors to serve thereon. However, thef1City of Fairmont représentative ont the Board of Directors shall be at the discretion oft the Cityl Manager to be confirmed by the Council for the City. These willl bey votingseats. Passed this day, September 17, 2021 by the Marion Regional Development  Corporation Board of Directors:    ITEM  16    CITY FAIRMONT  CITY OF FAIRMONT City Manager'sOffice 200. Jackson St., P.O. Box 1428 Fairmont, WV 26555-1428 Telephone (304) 366-6212, Ext. 315 Fax (304-366-0228) ww.airmontwy.soy  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 oft the City Council and/or the City Manager. This  application is aj public document and willl be on file for two (2): years.  Name: James Address: Sonnenberg Phone: (H). Email: Occupation-  (W).  Employer:  Do you reside in the City Limits of Fairmont? V Yes  No Ify yes, how long?  Education: Degrees/Majors:  Certification or other vocational training:  Other skills:  Volunteer experience and othercommunityi involvement(give dates): (If additional space is required, please attach a: separate sheet of paper.)  If you are appointed, could you meet: V Morning  Afternoon  Evening    What do you feel you can contribute to the community that may not be evident from information  leady-on-his.fomm?  Please check three (in order of preference i.e. 1,2,3) of the City Boards, Commissions and Committees for which you would like to be considered for appointment.  Which boards have/are you: serving on?  Please list three individuals in the city who may be contacted when considering you for an  appointment. Name  Address  Phone (please specify daylevening)  cfamas Csgohs Serreéetg  Signature  Date 8/9/2021