FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, OCTOBER 8, 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 = B. Pledge Of Allegiance - Councilmember Moran C. Proclamation - Domestic Violence Awareness Month IV. APPROVAL OF MINUTES Regular Meeting - September 24, 2024 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS No Pending Business B. NEW BUSINESS 1. Adoption, A Resolution Of The Council For The City Of Fairmont Endorsing The Annual Feast Of The Seven Fishes Festival Sponsored By Main Street Fairmont, Inc., To Be Held In The City Of Fairmont's Downtown Historic District Friday, December 13, 2024 Through Saturday, December 14, 2024. 2. Adoption, A Resolution Of The Council For The City Of Fairmont Supplanting Resolutions, Including Those Certain Resolutions Passed March 12, 2013, May 11, 2021, And September 14, 2021, Relating To The City Of Fairmont's Demolition Program, And Establishing Revised Policies Pertaining To Said Program And The Procedures Relating Thereto, Including The Demolition, Sale, And Productive Reuse Of Real Property EXECUTIVE SESSION - Pursuant to WV Code 6-9A-4(2)(9) and City Charter Section 2.11 (a)(3) - To consider matters involved or affecting the purchase, sale, conveyance, or lease of real Acquired As A Result Of Said Program. property, etc. IX. ADJOURNMENT MINUTES 9/24/2024 September 24, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 24th day of September, 2024, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councimembers present were: First District Second District Third District Fourth District Fifth District Sixth District Seventh District Eighth District Ninth District Also present were: City Manager City Attorney City Clerk Director of Planning SSB Secretary/Treasurer Joshua D. (Josh) Rice Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Charles (Chuck) Warner Gia Deasy Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait Lara VanFossen Communications Manager David Kirk IN RE: OPENING CEREMONIES Dr. Mark Staples gave the invocation followed by the Pledge of Allegiance to the Flag led by Councimember Rice. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on September 10, 2024. She asked if Councilmember Deasy moved to approve the minutes as submitted. The there were any corrections, deletions, or amendments. motion was seconded by Councimember Warner. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENT PROJECTS, NAMELY: COAL RUN STRUCTURAL EVALUATION & REPAIR WORK BUFFALO CREEK LIFT STATION & FORCE MAIN REPLACEMENT CHLORINE ROOM (WWTP) STRUCTURAL EVALUATION & REPAIR WEST FORK LIFT STATION FORCE MAIN REPLACEMENT NEW CHLORINE BUILDING (WWTP) DESIGN & CONSTRUCTION TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS Pursuant to a notice duly published in the Times-West Virginian on August 30, 2024 and September 6, 2024, a public hearing was convened to obtain citizen input on an ordinance authorizing the construction of certain public improvement projects to be funded from the City's ARPA Funds allocated for The Mayor asked if anyone present desired to speak to the proposed LARA VANFOSSEN, Sanitary Sewer Board secretary/treasurer, spoke in favor of the proposed ordinance. She said that these improvement projects have been brought to the Board and to Council before and they were adopted at that time. She did a brief overview of each project and what it would include. She thanked Council for their continued support of the Sanitary Sewer Board and said they are looking forward to seeing these projects completed. There being no one else to speak, the public hearing was called to a ciose at REASONABLE AND NECESSARY IN CONNECTION THEREWITH. such purposes. ordinance. 7:07 p.m. IN RE: AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE. 2 Pursuant to a notice duly published in the Times-West Virginian on September 13, 2024, a public hearing was convened to obtain citizen input on an ordinance to approve and adopt current replacement pages to the City Code. 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 7:08 ordinance. p.m. ANNOUNCEMENTS IN RE: THANK YOU TO THE CITY MANAGER Councimember Rice thanked the City Manager for fixing the flag poles along the Gateway Connector. He said 12 flags have been put up after the poles were fixed. IN RE: MARY LOU RETTON PARK Councimember Rice reported that renovations are taking place at Mary Lou Retton Park. He mentioned that a ceremony will be held in the very near future after the renovations are completed. IN RE: CULTIVATE GRANT APPLICATIONS DUE Counclmember Moran announced that Cultivate Fairmont grant applications are open and the deadline on the grants is October 31st. The grant application is available on the Cultivate Fairmont's webpage. These are for community members to do small projects to make Fairmont a better place. IN RE: STAFF GIVE BACK AT WINDMILL PARK Councimember Garcia gave a shout out to all city employees that participated in the staff give back at Windmill Park on September 16th. He noted that another give back will take place on September 30th. IN RE: LOCAL HOMECOMINGS Councimember Sole mentioned that two local homecomings will be coming up in the next couple of weeks. Fairmont Senior High School activities will be taking place this week with the parade and game on Friday with the dance on Saturday. The following week is full of activities with Fairmont State University. She noted that their parade will be on Thursday, awards 3 ceremonies on Friday and then the game on Saturday. IN RE: WATER SURVEY SENT OUT Councilmember McDaniel announced that the City of Fairmont Water Utility sent out a survey about lead piping to all residents. It is part of the lead/copper rule from the EPA. All water utilities, especially our size, have to do an inventory and a questionnaire and that enables them to find out when your house was built, if you have copper pipes, or lead pipes, etc. He then encouraged everyone to answer the questions and return the survey to the Utility Department. IN RE: NEED FOR POLL WORKERS Councilmember Nuzum mentioned again this meeting that there is a need for poll workers. If anyone would like to be a poll worker, please contact the Marion County Clerk's Office. She noted that they pay $200.00 for the day. The last poll worker classes will be held on October 15th and the 16th with early voting to begin on October 23rd. CITIZENS PETITIONS IN RE: FAIRMONT ARBOR APARTMENTS RACQUEL WARNER, a resident of the Fairmont Arbor Apartments, addressed Council concerning the condition of the apartment building in which he resides. She said that she has been bringing her conçerns to Council since 2021 and her needs are not being considered. She told Council that they do not know what the tenants are going through and each time she comes to Council to complain about the building, they retaliate against her. She presented pictures to Council and stated that she even has videos if anyone would like Mayor Bolyard asked Ms. Warner to leave her phone number with the City Clerk SO we can contact her to help connect her with those that can do something and listen to her conçerns about the information that she has to see them. shared with Council. CITY MANAGER'S REPORT INRE: CITY STAFF GIVE BACK Mr. Blosser thanked city staff, including Fire, Planning, Inspections, and Utilities, for showing up for the first staff give back day at Windmill Park on 4 Monday, September 16th. He noted that staff will be back there again on Monday, September 30th at 10:00 a.m. to finish painting and installing new mulch around the playground equipment. He added that other playground equipment will be installed, namely a new merry-go-round, in the old merry- go-round location. We received an order for new fully ADA compliant water fountains that will be installed in all municipal parks. IN RE: THANK YOU TO CENTRAL UNITED METHODIST CHURCH The City Manager thank Central United Methodist Church for inviting him to speak at their "Young at Heart" meeting that they had this month. He was able to share with them, on behalf of City Council, all of the exciting things that we are doing and focused in on the more than $3 million worth of investments that we are making in our municipal park facilities this fiscal year alone. IN RE: ENGINEERING SERVICES Mr. Blosser announced that Civil & Environmental Consultants, Inc. (CEC) was the selected firm for our comprenensive engineering services SO we will begin working with them. He publicly thanked the three firms that interviewed, Thrasher, Alpha Architects and Engineers, along with CEC. They all gave great presentations and made it an extremely hard decision but ultimately, CEC came out on the top of that decision out of the three firms. We look forward to working with CEC, whether it goes from sidewalk improvements in the community as well as getting into our Parks Master Planning. IN RE: WATER SURVEY Mr. Blosser also mentioned that it is extremely important that the public complete and send in the survey on the lead lines. He noted that it is a big deal while we do not have significant concerns over lead lines within the City of Fairmont, it is important for residents to complete this survey SO that we can turn that data in and we can make sure that we are having an opportunity to go after funding, if we would need to in order to replace any issues that may be there with lead service lines. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENT PROJECTS, NAMELY: 5 COAL RUN STRUCTURAL EVALUATION & REPAIR WORK BUFFALO CREEK LIFT STATION & FORCE MAIN REPLACEMENT CHLORINE ROOM (WWTP) STRUCTURAL EVALUATION & REPAIR WEST FORK LIFT STATION FORCE MAIN REPLACEMENT NEW CHLORINE BUILDING (WWTP) DESIGN & CONSTRUCTION TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT'S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance authorizing the construction of certain public improvement projects to be funded from the City's ARPA Funds allocated for such purposes. Motion: Councimember Sole moved for the adoption of the proposed ordinance. Councimember Deasy seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2053 was duly adopted. IN RE: ADOPTION, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the current replacement pages to the Fairmont City Code for July, 2024. Motion: Councilmember McDaniel moved for the adoption of the proposed ordinance. Councilmember Sole seconded the motion. Roll call was taken by the Clerk. 6 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2054 was duly adopted. IN RE: ONE RE-APPOINTMENT, FAIRMONT BUILDING COMMISSION, FIVE-YEAR TERM TO END OCTOBER 31, 2029. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Building Commission for a five-year term ending October 31, 2029. Motion: Councilmember McDaniel moved to re-appoint Chris Parr to the Fairmont Building Commission for a five-year term ending October 31, 2029. The The Mayor declared Chris Parr re-appointed to the Fairmont Building Commission for a five-year term ending October 31, 2029 by unanimous vote motion was seconded by Councilmember Nuzum. of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion for Council to adjourn to Executive Session pursuant to WV Code 6-9A-4(2)(9) and City Charter Section 2.11(a)(3) - To consider matters involved or affecting the purchase, sale, conveyance, or lease of real property. Motion: Councimember Nuzum moved to adjourn to Executive Session. The motion The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:28 p.m. She announced that Council will not be discussing any was seconded by Councimember McDaniel. additional business when the meeting is reconvened. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 7:44 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: 7 Councilmember McDaniel moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 7:45 seconded by Councimember Sole. p.m. 8 PUBLIC HEARINGS NO PUBLIC HEARINGS ARE SCHEDULED FOR THIS MEETING ITEM I 1 RESOLUTION RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE ANNUAL FEAST OF THE SEVEN FISHES FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, INC., TO BE HELD IN THE CITY OF FAIRMONT'S DOWNTOWN HISTORIC DISTRICT FRIDAY, DECEMBER 13, 2024 THROUGH SATURDAY, DECEMBER 14, 2024 SYNOPSIS This proposed resolution provides for the City of Fairmont's endorsement of Main Street Fairmont Inc.'s annual Feast of the Seven Fishes which is slated to be held in the City's downtown historic district on Friday, December 13, 2024 through Saturday, December 14, 2024. This resolution contains a disclaimer that by this endorsement no relationship is created between the City of Fairmont and Main Street Fairmont. RESOLUTION RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE ANNUAL FEAST OF THE SEVEN FISHES FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, INC., TO BE HELD IN THE CITY OF FAIRMONT'S DOWNTOWN HISTORIC DISTRICT FRIDAY, DECEMBER 13, 2024 THROUGH SATURDAY, DECEMBER 14, 2024 WHEREAS, Main Street Fairmont, Inc., has slated Friday, December 13 through Saturday, December 14, 2024, as the dates for the annual Feast of the Seven Fishes Festival to be held in the City of Fairmont's downtown historic district; WHEREAS, Council for the City of Fairmont, recognizing Main Street Fairmont, Inc.'s role in the continuing revitalization and further development of the City's downtown historic district and the role festivals and fairs play in the development of asense of community, finds that it isi in the City's best interest to support and endorse said Festival. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: SECTION 1. ENDORSEMENT. The City of Fairmont does hereby support and endorse Main Street Fairmont, Inc.'s annual Feast of the Seven Fishes Festival slated to be held in the City's downtown historic district on Friday, December 13 through Saturday, December 14, 2024. SECTION 2. DISCLAIMER. By endorsing said Festival, the City of Fairmont does not intend to create any relationship by and between it and the festival sponsor, Main Street Fairmont, Inc., 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 Main Street Fairmont, Inc., as the agent or representative of the City of Fairmont for any purpose. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately. Passed this the gth day of October, 2024. MAYOR ATTEST: CITY CLERK ITEM2 RESOLUTION A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT SUPPLANTING RESOLUTIONS, INCLUDING THOSE CERTAIN RESOLUTIONS PASSED MARCH 12, 2013, MAY 11, 2021, AND SEPTEMBER 14, 2021, RELATING TO THE CITY OF FAIRMONT'S DEMOLITION PROGRAM, AND ESTABLISHING REVISED POLICIES PERTAINING TO SAID PROGRAM AND THE PROCEDURES RELATING THERETO, INCLUDING THE DEMOLITION, SALE, AND PRODUCTIVE REUSE OF REAL PROPERTY ACQUIRED AS A RESULT OF SAID PROGRAM. SYNOPSIS By this proposed resolution, the Council for the City of Fairmont supplants the resolutions referenced in the title and adopts updated policies and procedures for demolition of structures, the application for and sale of real property acquired by the City of Fairmont through the City's Demolition Program, and the productive reuse of said property. The policies and procedures provided for herein are consistent with the recommendations of the Property Disposition Ad-Hoc Committee's Report dated April 19, 2024, which was adopted by Council by resolution. Nothing herein shall be construed to provide for any act of Council, which must be done by ordinance. RESOLUTION A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT SUPPLANTING RESOLUTIONS, INCLUDING THOSE CERTAIN RESOLUTIONS PASSED MARCH 12, 2013, MAY 11, 2021, AND SEPTEMBER 14, 2021, RELATING TO THE CITY OF FAIRMONT'S DEMOLITION PROGRAM, AND ESTABLISHING REVISED POLICIES PERTAINING TO SAID PROGRAM AND THE PROCEDURES RELATING THERETO, INCLUDING THE DEMOLITION, SALE, AND PRODUCTIVE REUSE OF REAL PROPERTY ACQUIRED AS A RESULT OF SAID PROGRAM WHEREAS, since 2013, the City of Fairmont has put forth substantial effort and resources to remove vacant, abandoned, and dilapidated structures and continues to prioritize the demolition of said structures to improve and revitalize the City of Fairmont. The effort has become known as the City of Fairmont Demolition Program. WHEREAS, in furtherance of its Demolition Program and in order to place properties back into productive reuse, the Council for the City of Fairmont has adopted certain home rule ordinances and has further adopted a series of resolutions, including resolutions adopted March 12, 2013, May 11, 2021, and September 14, 2021. WHEREAS, the City of Fairmont has acquired and continues to acquire WHEREAS, the community faces challenges such as a substantial shortage of safe and affordable housing, existing substandard parcels which are challenging to reuse but may be of benefit to adjoining or nearby property owners, and the overall beautification and aesthetic improvements of neighborhoods, which all can be improved upon by responsible and compatible private investment and reuse of vacant land acquired by the City properties through its robust Demolition Program. of Fairmont. WHEREAS, the Council for the City of Fairmont, at the recommendation of the Property Disposition Ad-Hoc Committee, adopted the Committee's Report dated April 19, 2024, which in part included an overall of the processes and procedures by which these structures are demolished and the properties sold and reused. WHEREAS, the Council for the City of Fairmont, by this Resolution, desires to consolidate all of its policies pertaining to the Demolition Program and property disposition related thereto into a single resolution to ensure clarity to the public and staff who must carry out those policies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY Section 1. Findings. The Council finds as the object of this resolution, a) That reduced property maintenance, and vacant, abandoned, and dilapidated structures are a major hinderance to the goal of b) That these same conditions and structures constitute a serious menace, and are injurious and inimical to the public health, safety, and general welfare of the City and its residents; c) That the expenditure of public funds which have been duly appropriated for the removal of vacant, abandoned, and dilapidated structures is necessary and in the best interests of the City and its residents and will further the goal of d) That the sale and productive reuse of properties made vacant by the City's Demolition Program reduces the fiscal burden on the City, creates new opportunities in the place of liabilities, and OF FAIRMONT THAT: the following: revitalization and renewal of the City of Fairmont; revitalization of the City; and overall improves the conditions of neighborhoods Section 2. Supplant. This Resolution supplants Resolutions adopted on March 12, 2013, May 11, 2021, and September 14, 2021 pertaining to vacant, abandoned, and dilapidated structures; demolition prioritization; advisory committees; bidding for demolition; sale of real property; and expenditure of public moneys for demolition. Section 3. Demolition. The City of Fairmont's Demolition Program, and thus the expenditure of public funds for such purpose, shall be predicated a) Prioritize structures which poses a public health and safety hazard, whose demolitions provide an economic or community- wide development benefit, and will by its demolition create a beautification impact to the community as a whole; b) Prioritization shall be made for structures owned by the City of upon the following: Fairmont, or have been issued a Raze or Repair Order, or a c) City staff shall ensure that all due process requirements are satisfied; however, utilizing all means available, including but not limited to those provided by the International Property Maintenance Code (IPMC), rights of entry, acquisition, and all other means, to achieve the goal of revitalization and renewal; d) The City staff shall review its demolition bidding procedure to formulate an expedited and cost-effective process; and e) All expenditures of public moneys of the City of Fairmont for the removal of vacant, abandoned, and dilapidated structures shall have been appropriated in compliance with the provisions of Article V - Financial Procedure of the Charter of the City of Fairmont, the State of West Virginia Constitution, and the West Demolition Order; Virginia Code Section 4. Purchase Application. The City Manager or their designee(s) to create, maintain, and amend an application for the acquisition of real property owned by the City of Fairmont. The application shal!: a) Be clear and concise for information needed to apply; b) Outline what criteria the City staff will consider for their review; d) Be accompanied by an online map of available properties; and e) Annotate or otherwise make clear if a property is valued at $15,000 or more, or is otherwise required to be sold in a manner that is not directly through the City of Fairmont, such as sale or transfer by the Building Commission or a land bank c) Be available online; Section 5. Review and Approval. City Staff from the Planning and Development, Finance, Building Inspections, and Utility Departments shall review all applications monthly, or on a schedule as determined by the City Manager, to form a recommendation to the City Manager for the sale of real property. The City Manager shall have the authority to determine who property shall be sold or transferred to, and shall be authorized to negotiate for a highest and best offer or highest and best use if there are simultaneous requests for the acquisition of the same real property. Real property sale or transfer by the City Manager must still be authorized by ordinance, which may occur when the property is initially acquired by the City via ordinance. Section 6. Formula for Sale of Real Property from Demolition Program. Pursuant to the City of Fairmont's Approved Home Rule Plan and Ordinance No. 1653, and in order to provide consistency, and in an effort to avoid any aiscriminatory practice with regard to any such sale, the Council, upon the recommendation of the City Manager, hereby confirms the following formula for establishing the consideration at which a parcel or real estate with a value of less than $15,000 may be sold: a) The consideration to be paid for any such parcel is not less than 25% of the accessed value of the land as reflected by the most recent tax ticket plus 15% of the City's actual cost of demolition b) If there are multiple offers, then the City Manager may choose to go with the highest and best offer / use for the property Section 7. Reservation of Rights. Nothing herein shall require or shall be construed to require or compel the City of Fairmont to sell any parcel of land it has acquired as a result of its demolition program, regardless of value, and the City of Fairmont hereby reserves any and all rights with regard to said parcels of real estate, including the right to refuse to sell said as evidenced by invoice; or property and/or said property at a higher price. Section 8 Ordinance Required/5avings Clause: Nothing herein shall be construed to repeal, replace, or amend any ordinance heretofore adopted by Council and or provide for any act of Council, which must be authorized or done by ordinance. Nothing herein shall be construed to affect any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any resolution of the City Fairmont heretofore adopted, including those herein supplanted; nor shall any just or legal cause, right or remedy of any character be lost, impaired, or affected by this Resolution, and to that extent and only to that extent such resolutions and the rights and remedies are hereby saved. Passed this the gth day of October, 2024. MAYOR ATTEST: CITY CLERK