FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 26, 2024 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGENDA I. CALL TO ORDER - Mayor Bolyard II. OATH OF OFFICE - Councilmember Julie Sole, Unexpired Term III. ROLL CALL OF MEMBERS - Janet L. Keller, City Clerk IV. OPENING CEREMONIES A. Prayer/Meditation = B. Pledge Of Allegiance - Councimember Garcia C. Proclamation - 388th Birthday of the National Guard D. Proclamation - Small Business Saturday E. Recognize East Fairmont High School Girls Soccer Team V. APPROVAL OF MINUTES Regular Meeting - November 12, 2024 VI. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. 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: # DESCRIPTION 246879 PtLt691 McKinney & Billingslea St (Plat 60-498), Fairmont Fairmont Corp 201 Billingslea Street, Fairmont, WV26554 247769 Blk 4Lt1 14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV26554 TBD Williard Avenue, Fairmont, WV 26554 247131 Lot Uzztown, Fairmont City 245547 9880 SQFT Beltline, Fairmont Fairmont Corp 247744 2FtStripl PtI Lt15 Riverside Add & Lt12 Ogden Ave No. Address Fairmont Fairmont Corp 605 Ogden Avenue, Fairmont, WV: 26554 TBD Willard Avenue, Fairmont, WV26554 325 Cliff. Avenue, Fairmont, WV 26554 246884 Block CLot 58, Fairmont Fairmont Corp 247128 Blk 6Lt 8 Cliff. Avenue Fairmont City 246878 PtLt15 Field St Amos Subdiv(112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV26554 126 Spruce Street, Fairmont, WV26554 246874 Lt 139 Spruce Street, Fairmont Fairmont Corp 246868 LS37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV26554 247774 BIk3Lt98 & PtLt81 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV26554 707 Ogden Avenue, Fairmont, WV: 26554 247754 LS24&2 25 Ogden Ave, Fairmont Fairmont 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. B. ANNOUNCEMENTS VII. CITIZENS PETITIONS VIII. CITY MANAGER'S REPORT IX. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. 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# DESCRIPTION 246879 PtLt691 McKinney & Billingslea St (Plat 60-498), Fairmont Fairmont Corp 201 Billingslea Street, Fairmont, WV 26554 247769 BIk 4Lt1 14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV 26554 TBD Williard Avenue, Fairmont, WV26554 247131 Lot Uzztown, Fairmont City 245547 9880 SQFTI Beltline, Fairmont Fairmont Corp 247744 2Ft Strip PtLt 15 Riverside Add &I Lt12 Ogden. Ave No. Address Fairmont Fairmont Corp 605 Ogden Avenue, Fairmont, WV26554 TBD Willard Avenue, Fairmont, WV 26554 325 Cliff Avenue, Fairmont, WV2 26554 246884 Block CLot 58, Fairmont Fairmont Corp 247128 Blk 6Lt8 Cliff Avenue Fairmont City 246878 PtLt15 Field St Amos Subdiv(112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV: 26554 126 Spruce Street, Fairmont, WV: 26554 246874 Lt139 Spruce Street, Fairmont Fairmont Corp 246868 LS37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV: 26554 247774 Bk3LI9&PIL 8 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV 26554 707 Ogden Avenue, Fairmont, WV: 26554 247754 LS24&25 Ogden Ave, Fairmont Fairmont 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. B. NEW BUSINESS 2. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council For The City Of Fairmont Amending And Supplementing Article 1767. Rental Dwelling Units To Improve 3. Adoption, An Omnibus Resolution Of The Council Of The City Of Fairmont, West Virginia, Authorizing The Submission Of Applications To Various Granting Agencies, Including Private Foundations, Corporations, Or Governmental Entities, For Grants That Will Benefit The City Of Fairmont, Further Its Goals And Objectives And Otherwise Lessen The Burden Of Government, And Providing The City Manager Or His Designee With Authority To Do All Things Reasonable And Necessary In 4. Adoption, A Resolution Of The Council Of The City Of Fairmont Re-Allocating A Portion Of Certain ARPA Funds In The Amount Of$135,000.00 From The Lost Public Sector Revenue Category The Administration And Enforcement Thereof. Connection With Said Application; Sunset. Which Had Been Previously Allocated To The Norwood Park Project And Re-Directing And Reallocating Said Funds To 5. One Re-Appointment, rairmont-Marion County Transit Authority, Three-Year Term Ending December 31, 2027. 6. One Re-Appointment, Marion County Parks and Recreation Commission, Three-Year Term Ending December 31, 2026. 7. One Re-Appointment, Marion County Parks and Recreation Commission, Three-Year Term Ending December 31, 2027. 8. One Re-Appointment, Marion County Parks and Recreation Commission, Three-Year Term Ending December 31, 2027. EXECUTIVE SESSION - Pending Litigation - Sears V. City of EXECUTIVE SESSION - Pending Litigation - City of Fairmont V. Provide For Improvements At Windmill Park. Fairmont Kirk Naternicola X. ADJOURNMENT MINUTES 11/12/2024 November 12, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 12th day of November, 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 Sixth District Seventh District Eighth District Ninth District Absent: Fifth District Also present were: City Manager City Attorney City Clerk Joshua D. (Josh) Rice Anne E. Bolyard Rebecca Moran Richard (Rick) Garcia Gia Deasy Julia (Julie) Sole Bruce McDaniel Kandice (Kandi) Nuzum Charles (Chuck) Warner Travis L. Blosser Kevin V. Sansalone Janet L. Keller Shae Strait Communications Manager David Kirk Director of Planning IN RE: OPENING CEREMONIES City Clerk Janet Keller gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. IN RE: SPECIAL PRESENTATION Mayor Bolyard, City Manager Travis Blosser, City Clerk Janet Keller, City Attorney Kevin Sansalone, and each member of Council presented six-year- old, Mila Floyd, with 21 Squishmallows, a plush stuffed toy, for her drive. She has collected 400 of the toys in the last two months as part of a donation drive to deliver the stuffies to children in need at hospitals in the area. Mayor Bolyard also presented Mila with a proclamation regarding her drive of giving, caring, and helping others. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on October 22, 2024. She asked if Councimember Rice moved to approve the minutes as submitted. The motion The Mayor declared the minutes approved as submitted by voice vote of there were any corrections, deletions, or amendments. was seconded by Councimember Nuzum. Council. PUBLIC HEARINGS No public hearings were scheduled for this meeting. ANNOUNCEMENTS IN RE: SQUISHMALLOW PRESENTATION Councimember Rice told Mila Floyd, to be six years old and to start volunteering at such a young age, that is something that we should be doing at our age and for her to do something like that at such a young age, it is Councilmember Nuzum thanked Mila for attending the meeting and also Mayor Bolyard announced that Mila is an amazing leader at six years old and this made a huge difference to patients at WVU Medicine Children's as well as other hospitals. She said that she was excited to see what she will do next and that she is changing the world now and for future generations. fantastic. thanked her parents because she has had some good raising. IN RE: EAST FAIRMONT HIGH SCHOOL GIRLS SOCCER TEAM Councimember Moran congratulated the East Fairmont High School soccer Mayor Bolyard also extended her congratulations to the East Fairmont High School girls' soccer. There will be a small parade on the East Side on team for winning the state championship. 2 Wednesday, November 13th, for all fall sports and celebrating the student athletes at East Fairmont, starting at 6:00 p.m. IN RE: THANK YOU TO PARADE VOLUNTEERS Councilmember Moran thanked the volunteers and staff for helping to make Councimember Nuzum said the Veteran's Day parade was very nice. She said that we should always honor the Veterans and not just one day a year. the Veteran's Day parade event go off smoothly. IN RE: NEED OF FOOD DONATIONS Councimember Nuzum reported that with the holidays coming up, the Soup Opera and Union Mission will need food, if anyone would like to donate. IN RE: CULTIVATE MEETING Councimember Moran reported that Cultivate is meeting Wednesday, November 13th, at 5:30 p.m., at East Fairmont Middle School. She said that The Mayor stated that the Cultivate mini grants will be due by Friday, they will be talking about volunteerism. November 15th. IN RE: FSU STUDENT INTERN Mayor Bolyard expressed her appreciation to Gabrielle Ball, a FSU student, studying business and marketing and has been shadowing at the City today. CITIZENS PETITIONS There were no petitions for this meeting. CITY MANAGER'S REPORT IN RE: HANNAH'S STUDIOS RIBBON CUTTING Mr. Blosser said that he wanted to give a shout out to Hannah's Studios for their ribbon cutting downtown on Adams Street. IN RE: 1ST ANNUAL FRANK-N-STEIN FESTIVAL The City Manager reported that the first annual Frank-N-Stein Beer Festival 3 was held in downtown Fairmont on October 26th. He said that it was an extreme success with more than 700 attendees. He gave a shout out to the Marion County Chamber of Commerce and to Main Street Fairmont for their work on the festival. IN RE: CHRISTMAS DECORATIONS BEING INSTALLED Mr. Blosser announced that Public Works is busy decorating the community for Christmas. He said that over the next couple of weeks you will begin to see Christmas decorations going out on the majority of our decorative street lamp poles. IN RE: PARKING AUTHORITY MEETING HELD Mr. Blosser reported that he held a Parking Authority meeting and held some discussions around reviewing some of the downtown metered parking and looking at certain areas with potential adjustments. IN RE: MERCHANT MCINTYRE & ASSOCIATES MEETING The City Manager announced that he has had a first round of project discussions with Merchant McIntyre & Associates, our Federal Advocacy Consultants in Washington, DC. He also mentioned that discussions will be held next week around some of the transitions with the incoming Trump White House as well as changes in Congress. He noted that he was appreciative of Merchant McIntyre's relationships with both political parties in Washington, DCand we will begin working aggressively on securing funds from the different funding pods in Washington for priorities of City Council here back home. IN RE: NORWOOD PARK The Manager reported that you will be able to see significant work occurring at Norwood Park by our contractor, Green River Group. The project is proceeding on schedule with only a couple of minor issues related to a tree that will now have to be removed and a section of the parking area that will need some over excavation based on some bad fill. The area of bad fill has been identified as the area of the old Norwood School, leading our team to conclude that the fill is probably from the demolition of the school. IN RE: CITY CLERK COMMENDED Mr. Blosser gave a shout out to City Clerk Janet Keller for her work with the County Clerk's Office during the election. He noted that it was the first time he attended going down to the Election Center and it was an experience to 4 see how quickly the staff and folks move down there. He said that Janet volunteered and helped and recommended ways in which we can help the County more in this process. He also commended some employees from our Public Works Department who helped out with taking election equipment to precincts and bringing it back and helping at the Election Center that evening. He added that those employees are: Erin Parker, David Ford, Charles Bunner, David Sawyers, Matthew Gump, James Ashcraft, and Robert Gifford. He said that he appreciates all of those employees SO very much for signing up and participating in helping the County with our election. IN RE: EVEREST DRIVE BRIDGE The Manager said that he had a meeting with the newly-selected engineering firm, HNTB, that is the firm designing the Everest Drive Bridge. He noted that it was the scope meeting and they will be moving quickly. The thing that reassured him in that process was DOH, at several different components, mentioned the need for speed with the engineering firm that the dollars associated with that bridge and several others in WV are part of the Infrastructure Act that was passed by Congress and there are deadlines to that funding in assuring that this bridge gets completed and designed and out to bid as quickly as possible. IN RE: THIRD STREET BRIDGE DECORATIVE LIGHTING Mr. Blosser said regarding the decorative lighting issues on the newer Third Street Bridge, that is currently the responsibility of the WVDOH as we do not have a maintenance agreement on that section. They have ordered all of the equipment to do the improvements to those lights and fix the electrical issues associated with them. Once that is completed, we will move quickly to get the maintenance agreement completed. He went on to say that those will be the only decorative street lamp poles that will not receive Christmas decorations given how many of those lights are burned out. CONSIDERATION OF COUNCIL BUSINESS 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! 246879 DESCRIPTION PtLt691 McKinney & Billingslea St (Plat 60-498), Fairmont Fairmont Corp 5 201 Billingslea Street, Fairmont, WV26554 247769 Blk 4Lt14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV: 26554 Lot Uzztown, Fairmont City TBD Williard Avenue, Fairmont, WV26554 9880 SQFT Beltline, Fairmont Fairmont Corp 247131 245547 247744 No. Address 2FtStrip PtLt15) Riverside. Add & Lt12 Ogden Ave 605 Ogden Avenue, Fairmont, WV: 26554 Block CLot 58, Fairmont Fairmont Corp TBD Willard Avenue, Fairmont, WV 26554 BIk 6Lt8Cliff. Avenue Fairmont City 325 Cliff. Avenue, Fairmont, WV: 26554 PtLt15E Field St Amos Subdiv (112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV 26554 Lt139: Spruce Street, Fairmont Fairmont Corp 126 Spruce Street, Fairmont, WV 26554 LS37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115Chew Street, Fairmont, WV 26554 BIk: 3Lt98 & PtLt81 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV 26554 LS 24 & 25 Ogden Ave, Fairmont Fairmont Corp 707 Ogden Avenue, Fairmont, WV26554 Fairmont Fairmont Corp 246884 247128 246878 246874 246868 247774 247754 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 6 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 authorizing the purchase of certain parcels of real estate by the City of RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION Fairmont from the October State Tax Sale. Motion: Councimember McDaniel moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. The Mayor declared the public hearing set for November 26, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS REAL PROPERTY OF THE CITY OF FAIRMONT, SITUATE IN FAIRMONT CITY UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, BEING 916 MORGANTOWN AVENUE, FAIRMONT, IDENTIFIED AS PARCEL 12 OF MARION COUNTY 05-04, AND COMMONLY REFERRED TO AS THE FORMER EAST SIDE FIRE STATION; MINIMUM BID; 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 916 Morgantown Avenue, commonly RESERVATION OF RIGHTS referred to as the former East Side Fire Station. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councimember McDaniel seconded the motion. The Mayor declared the public hearing set for December 10, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 920 STREET SWEEPING, AND STREET MAINTENANCE AND IMPROVEMENT AND POLICE PROTECTION CHARGESTO INCLUDE THE ESSENTIAL MUNICIPAL OR PUBLIC SERVICE OF REPAIRING, UPKEEPING, MAINTAINING, IMPROVING AND REPLACING SIDEWALKS 7 ADJACENT TO PUBLIC STREETS AND ROADWAYS AS A USE FOR WHICH THE FUNDS, MONEYS, AND REVENUES RECEIVED THEREFROM MAY BE USED. 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 920 Street Sweeping, Street Maintenance, and Police Protection Charges to include the public service of repairing, upkeeping, maintaining, improving, and replacing sidewalks adjacent to public streets. Motion: Councimember McDaniel moved for the introduction of the proposed ordinance. Councilmember Deasy seconded the motion. The Mayor declared the public hearing set for December 10, 2024. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Nuzum moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 7:27 seconded by councimember Sole. p.m. 8 PUBLIC HEARINGS PUBLIC HEARINGS NOVEMBER 26, 2024 1. 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# DESCRIPTION 246879 PtLt691 McKinney & Billingslea St (Plat 60-498), Fairmont Fairmont Corp 201 Billingslea Street, Fairmont, WV26554 247769 Blk 4Lt 14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV 26554 TBD Williard Avenue, Fairmont, WV26554 247131 Lot Uzztown, Fairmont City 245547 9880 SQFT Beltline, Fairmont Fairmont Corp No. Address 247744 2FtStrip PtI Lt 15 Riverside Add & Lt12 Ogden Ave Fairmont Fairmont Corp 605 Ogden Avenue, Fairmont, WV: 26554 TBD Willard Avenue, Fairmont, WV26554 325 Cliff Avenue, Fairmont, WV: 26554 246884 Block CLot 58, Fairmont Fairmont Corp 247128 Blk 6Lt8 CliffAvenue Fairmont City 246878 PtLt151 Field St Amos Subdiv (112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV26554 126 Spruce Street, Fairmont, WV26554 246874 Lt139 Spruce Street, Fairmont Fairmont Corp 246868 LS 37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV: 26554 247774 BIk3Lt9&1 PtLt 8 Potomac Ave Fairmont Union Corp 6101 Potomac Avenue, Fairmont, WV26554 707 Ogden Avenue, Fairmont, WV: 26554 247754 LS24&2 25 Ogden Ave, Fairmont Fairmont 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. ITEM 1 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: CERTIFICATIONH 246879 DESCRIPTION PtLt691 McKinney & Billingslea St (Plat 60-498), 201 Billingslea Street, Fairmont, WV 26554 Fairmont Fairmont Corp Blk 4Lt14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV: 26554 Lot Uzztown, Fairmont City TBD Williard Avenue, Fairmont, WV: 26554 9880 SQFT Beltline, Fairmont Fairmont Corp 247769 247131 245547 247744 No. Address 2FtStrip PtLt1 15 Riverside Add & Lt12 Ogden Ave 605 Ogden Avenue, Fairmont, WV26554 Block CLot 58, Fairmont Fairmont Corp TBD Willard Avenue, Fairmont, WV 26554 BIk 6Lt8 Cliff. Avenue Fairmont City 325 Cliff Avenue, Fairmont, WV 26554 PtLt15 Field St Amos Subdiv (112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV 26554 Lt139 Spruce Street, Fairmont Fairmont Corp 126 Spruce Street, Fairmont, WV26554 LS37-38 Chew St (Plat169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV 26554 BIk: 3Lt9 & PtLt81 Potomac Ave Fairmont Fairmont Corp 246884 247128 246878 246874 246868 247774 Fairmont Union Corp 6101 Potomac Avenue, Fairmont, WV: 26554 LS24&25 Ogden Ave, Fairmont Fairmont Corp 707 Ogden Avenue, Fairmont, WV: 26554 247754 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. SYNOPSIS By this proposed ordinance, the Council of the City of Fairmont provides for and authorizes the purchase ofthe real estate described in the ordinance title from the State of West Virginia Auditor. The Deputy Commissioner offered the property for sale on October 10, 2024, as a result of the non-payment of real 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 of the State of West Virginia. The total consideration to be paid the West Virginia State Auditory for said 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 the ordinances and resolutions adopted property shall be $600.00, no more no less. thereunder. The public purposes to be served by the purchase of these property includes the 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 ordinance which may have occurred prior to the ordinance's removal of slum and blight, among others. effective date. ORDINANCEI 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: CERTIRICATION# 246879 DESCRIPTION PtLt691 McKinney & Billingslea St (Plat 60-498), 201 Billingslea Street, Fairmont, WV26554 Fairmont Fairmont Corp Blk 4Lt14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV2 26554 Lot Uzztown, Fairmont City TBD Williard Avenue, Fairmont, WV 26554 9880 SQFT Beltline, Fairmont Fairmont Corp 2FtStrip PtLt 15 Riverside Add & Lt12 Ogden Ave 605 Ogden Avenue, Fairmont, WV 26554 Block CLot 58, Fairmont Fairmont Corp TBD Willard Avenue, Fairmont, WV26554 BIk 6Lt8 Cliff Avenue Fairmont City 325 Cliff Avenue, Fairmont, WV 26554 PtLt151 Field St Amos Subdiv (112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV26554 Lt139 Spruce Street, Fairmont Fairmont Corp 126 Spruce Street, Fairmont, WV26554 LS3 37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV: 26554 BIk 3Lt9 & PtLt81 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV 26554 247769 247131 245547 247744 No. Address Fairmont Fairmont Corp 246884 247128 246878 246874 246868 247774 247754 LS24 & 25 Ogden Ave, Fairmont Fairmont Corp 707 Ogden Avenue, Fairmont, WV: 26554 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. 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 October 10, 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 of West 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; THAT: NOW THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS 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 of the City of Fairmont and the same is approved. SECTION 2. AUTHORIZATIONAPPROVAL: 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 necessary to provide for the purchase of the real estate hereinafter described, to take delivery of a 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 carry 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 ofsaid documents to be conclusively evidenced by the execution thereof. SECTION3. DESCRIPTION OF PROPERTYTO BE CONVEYED: CERTIFICATIONH 246879 DESCRIPTION Fairmont Fairmont Corp Blk 4Lt1 14 Courtland St Fairmont Union Corp 915 Courtland Street, Fairmont, WV26554 Lot Uzztown, Fairmont City TBD Williard Avenue, Fairmont, WV: 26554 9880 SQFT Beltline, Fairmont Fairmont Corp 2FtS Strip Ptl Lt1 15 Riverside Add & Lt12 Ogden Ave 605 Ogden Avenue, Fairmont, WV 26554 Block CLot5 58, Fairmont Fairmont Corp TBD Willard Avenue, Fairmont, WV26554 Blk 6Lt8 Cliff. Avenue Fairmont City 325 Cliff Avenue, Fairmont, WV26554 PtLt15 Field St Amos Subdiv(112-185) Fairmont Fairmont Corp 1221 Field Street, Fairmont, WV26554 Lt 139 Spruce Street, Fairmont Fairmont Corp 126 Spruce Street, Fairmont, WV26554 LS 37-38 Chew St (Plat 169-1) Fairmont Fairmont Corp 115 Chew Street, Fairmont, WV 26554 PtLt691 McKinney & Billingslea St (Plat 60-498), 201 Billingslea Street, Fairmont, WV26554 247769 247131 245547 247744 No. Address Fairmont Fairmont Corp 246884 247128 246878 246874 246868 247774 Bik: 3Lt9&PtLt 8 Potomac Ave Fairmont Union Corp 610 Potomac Avenue, Fairmont, WV 26554 LS24&2 25 Ogden Ave, Fairmont Fairmont Corp 707 Ogden Avenue, Fairmont, WV: 26554 247754 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 ofv way set out in the chain oft title insofar as the same are now in force and effect. SECTION 5. CONSIDERATION: The total consideration to be paid the West SECTION 6. RATIBICATION: 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, if done, and/or executed and delivered prior to the effective date ofthis ordinance, are hereby ratified, confirmed and approved. Virginia State Auditory for said property shall be $600.00, no more no less. SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2024. MAYOR ATTEST: CITY CLERK ITEM2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 1767 RENTAL DWELLING UNITS TO IMPROVE THE ADMINISTRATION AND ENFORCEMENT THEREOF. SYNOPSIS By the enactment of this proposed ordinance, the Council for the City of Fairmont intends to amend and supplement Article 1767 Rental Dwelling Units of the Fairmont City Code in an effort to improve the administration and enforcement thereof, and to continue to provide for safe, sanitary, and suitable rental housing for its citizens and secure and preserve the integrity and character of the residential areas within its corporate limits. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 1767 RENTAL DWELLING UNITS TO IMPROVE THE ADMINISTRATION AND ENFORCEMENT THEREOF WHEREAS, by the enactment of the ordinances codified as Article 1767 Rental Dwelling Units of the Fairmont City Code, the Council for the City of Fairmont intended to provide for safe, sanitary, and suitable rental housing for its citizens and secure and preserve the integrity and character of the residential areas within its corporate limits. WHEREAS, by the enactment of this ordinance, the Council for the City of Fairmont intends to amend and supplement said Article to improve the administration and enforcement thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FAIRMONT Article 1767 Rental Dwelling Units, be and is hereby amended and supplemented as follows: (Matter to be deleted bracketed; new matter double THAT: underlined). PART SEVENTEEN: BUILDING AND HOUSING CODE ARTICLE 1767: RENTAL DWELLING UNITS. Rental Dwelling Units 1767.01 Purpose. 1767.02 Scope. 1767.03 Definitions. 1767.04 Illegal conditions; citation authority. 1767.05 Application for certificate of use and occupancy. 1767.06 Filing deadlines. 1767.07 Fees and conditions. 1767.08 Inspections. 1767.09 Certificate of use and occupancy, display, transfer, expiration. 1767.10 Notice of violation. 1767.11 IlegalOccupation [1767.11] 1767.12 Right of appeal. [1767.12] . 1767.13 Applicability of other laws. [1767.13] 1767.14 Waiverability. [1767.14] 1767.15 Applicability of other codes and ordinances. 1767.99 Penalty. CROSS REFERENCES Littering and deposit of refuse; weeds - see GEN. OFF. 537.05 Cleaning and maintenance of sidewalks - see S.0.&P.S. 905.06 et seq. 1767.01 PURPOSE. The purpose of this article is to promote health and safety standards for rental housing and to secure and preserve the integrity and character of residential districts within the City of Fairmont. These standards relate to the condition, maintenance and occupancy of rental dwelling units and are intended to ensure that rental housing is safe, sanitary, and suitable in accordance with applicable provisions of the State Building Code, State Fire Code and other regulations as adopted by the City. 1767.02 SCOPE. This article applies to all rental dwelling units within the City of Fairmont. This article shall not apply to owner occupied dwellings wherein roomers or boarders are maintained in common living areas in accordance with other applicable codes and ordinances. This article shall not apply to hotels, motels, dormitories, lodging and boarding houses and other transient residential occupancies. Buildings housing business or commercial uses in addition to rental dwelling units shall be subject to the provisions of the State Building Code State Fire Code and any other City Code, which apply to such mixed Where a certificate of use and occupancy has been issued in accordance with the State Building Code for any building that has been erected, altered, or converted to a residential use, such dwelling shall not be subject to uses. reinspection for the purpose of rental registration for two years following the date of issuance of the certificate. 1767.03 DEFINITIONS. following definitions: For the purpose of this article, the terms listed below shall be assigned the (a) Certificate of use and occupancy" means the certificate issued by the Code Official which permits the use of a building and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions. (b) "Code Official" means the officer or other designated authority charged with the administration and enforcement of the Building Code of the City, or (c) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for (d) "Expiration Date" means the 2-year period after an initial inspection date or a renewal inspection date. Thisisnot the date of any compliance [(d)] (e) "Owner occupied" means occupied by the actual property owner or by any person or persons related thereto by blood, marriage, or adoption and [(e)] (f) "Rental dwelling unit" means any dwelling unit which is offered in whole or part for residential purposes and for which remuneration is received. (a) An owner or operator shall not rent or offer for rent any dwelling unit for use in whole or in part for human habitation unless a valid certificate of use and occupancy has been issued for such dwelling unit by the Code Official indicating that inspection found the premises to be in substantial compliance (b) Any Code Official charged with the enforcement of this article may issue a citation for an illegal condition found in violation of the provisions of this section if the violation is committed in the Code Official's presence and there is reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the person being cited shall appear within a designated time. If the person being cited fails to appear in response to the citation or if there are reasonable grounds to believe that ad duly authorized representative. living, sleeping, eating, cooking and sanitation. reinspection date. where no remuneration is received. 1767.04 ILLEGAL CONDITIONS; CITATION AUTHORITY. with the State Building Code. the person being cited will not appear, a complaint may be made by summons 1767.05 APPLICATION FOR CERTIFICATE OF USE AND OCCUPANCY. and complaint and/or a warrant shall issue. Application for a certificate of use and occupancy shall be submitted in writing, on forms provided, to the Code Official and shall contain at least the following information: (a) For the dwelling: (1) The address(es) of the dwelling units; (2) The zoning district of the dwelling; (3) The number of units in the dwelling; (4) The names, addresses and telephone numbers of the owner, agent or operator, and any other person to be notified in case of emergency or non- conforming condition requiring notification; and (5) Any other uses within the building. (1) The story on which the unit is located; (b) For each dwelling unit: (2) Maximum occupancy; (3) Number of off-street parking spaces available; and (4) Dwelling unit identification number. 1767.06 FILING DEADLINES. (a) Initial Application. Application for a certificate of use and occupancy for a rental dwelling unit where none has previously been issued shall be in certificate of use and occupancy shall be filed at least thirty (30) days before the expiration date of the existing certificate of use and occupancy. Upon receiving an application for renewal of the certificate of use and occupancy, the Code Official shall inspect the dwelling and shall re-issue a certificate of use and occupancy within ten (10) days following inspection if said unit is found to be in substantial compliance with the State Building Code, State Fire accordance with Section 1767.05. (b) Renewal Application. An application for renewal of the existing Code and other regulations sas adopted by the City. 1767.07 FEES AND CONDITIONS. (a) Each property owner shall be charged a compliance inspection fee of (b) Property owners missing scheduled inspections, and failing to provide twenty-four hours notice shall be charged an additional [ten-dollar ($10.00)] (c) All inspections shall be scheduled during regular business hours, unless (d) Court appearance fees of [fifteen dollars ($15.00)] thirty dollars ($30.00) per hour or portion thereof shall be charged to the requesting party when scheduling is at least twenty-four hours in advance and [thirty dollars ($30.00)] fifty dollars ($50.00)_per hour or portion thereof when appearances (e) Real estate pre-sale inspection fees of fifty dollars ($50.00) per man- hour with a one-hour minimum charge shall be assessed where an inspection isr requested to determine if a rental property is in compliance with the State Building Code, State Fire Code and other regulations as adopted by the City. (f) Preparation and issuance of a duplicate certificate of use and occupancy (g) Re-inspection fees of thirty dollars ($30.00) per unit shall be charged to the property owner for each inspection of property requiring more than two (h) Application fees of fifty dollars ($50.00) shall be charged for Board of () A fee of fifteen dollars ($15.00) shall be charged to each unit fora reinspection that occurs after the compliance period/date noted on the initial ()_an additional compliance inspection fee of fifteen dollars ($15.00) shall be assessed for each rental unit for every three months the unit is expired past the expiration date on ther most recent certificate of use and occupancy issued for said unit, with a maximum additional compliance fee of $60.00. Said fee will be in_addition to the initial compliance fee provided for in subsection (a) of this section; provided however, that the maximum compliance inspection fee for any rental dwelling shall be ninety dollars thirty dollars ($30.00) per inspection per unit. fifteen-dollar ($15.00) fee. otherwise approved by the Code Official. are scheduled within twenty-four hours of a hearing. shall require a ten dollars ($10.00) service charge. inspections for compliance. Appeals hearings. or renewal inspection form. ($90.00). 1767.08 INSPECTIONS. The owner for purposes of inspection under rental registration shall provide the Code Official access to all areas of any building containing rental dwelling units and the Code Official shall be accompanied by the owner or an agent of 1767.09 CERTIFICATE OF USE AND OCCUPANCY, DISPLAY, TRANSFER, (a) If, upon inspection, the rental dwelling unit is found to conform to the requirements of this article, the Code Official shall issue a certificate of use (b) After the effective date of this section, either upon an initial application or a renewal application, a two (2) year certificate of use and occupancy shall be issued for the dwelling unit after the Code Official finds the unit in substantial compliance with this article. The_certificate of use and occupancy the owner during inspection. EXPIRATION. and occupancy within ten days. shalexpressiy/provuide for the expiration date. subsequent owners of the respective dwelling unit(s). (c) The certificate of use and occupancy shall be transferable to (d) A copy of the certificate of use and occupancy shall be available for inspection at the [City Planning Office] Building Inspection Department during (e) Certificates of use and occupancy issued after the effective date of this section shall expire two years from the date of issuance by the Code Official (f) The owner/agent shall post a copy of the certificate of use and occupancy in a conspicuous location in the interior of the premises or near the regular business hours. unless sooner revoked. interior electrical fuse or circuit box of each dwelling unit. 1767.10 NOTICE OF VIOLATION. [(a) When in the course of the inspection required under this article, violations are discovered [on the premises which do not affect the habitability or safety of a rental dwelling, such violations shall be cited in accordance with the administrative provisions of the applicable code or ordinance. Such violations shall not be construed as grounds to withhold or revoke the (b) Where conditions exist which affect the habitability of the dwelling but which do not pose an imminent hazard to the occupants, a certificate of use and occupancy shall be issued along with a notice of violation. The notice of certificate of use and occupancy. violation shall be in writing, shall be served to the owner or agent, shall contain a description of the property sufficient for identification, and shall include: (1) A statement of the reason(s) for which it was issued, (2) Ac correction order specifying repairs to be made, (4) A statement of the owner's right of appeal. (3) Ar reasonable time in which repairs are to be completed, and The owner shall, within the time period specified in the notice of violation, correct all deficiencies cited in violation of the State Building Code and City codes. The certificate of use and occupancy shall be revoked and a notice to vacate issued if the dwelling unit is not in compliance within the time specified in the notice of violation. However, the Code Official may, upon written request, extend the period for compliance where the work has been delayed despite good-faith efforts to comply and where such extension presents no immediate threat to the health or safety of the occupants of the dwelling unit or other units or properties. A notice of violation shall not be construed to verify substandard housing except where conditions exist which require the (c) Where violations are found which, in the judgment of the Code Official, are sufficient to withhold or revoke the certificate of use and occupancy, the Code Official shall issue a notice to vacate. The notice to vacate shall: vacation of the dwelling or dwelling unit. (1) Be in writing, (2) Be served to the owner or owner's agent, (3) Contain a description of the property sufficient for dentirication, (5) Include a copy of any relevant notice(s) of violation, and (6) Include notification of the owner's right of appeal. (4) State the reasons therefor, (d) Nothing in this article shall be construed to prevent the Code Official from ordering the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or safety of the occupants. Appeal shall not stay an order to vacate under such (e) Occupancy of any rental dwelling unit in violation of a notice to vacate shall subject the owner/agent and/or the occupants to the penalties prescribed conditions. in Section 1767.99.] (a) When in the course of the inspection required under this article, violationsare discovered inside or outside of the premises of a rental dwelling unit, such violations shall be listed on a Rental Dwelling Unit Inspection Report. When violations are discoveredi inside or outside of the premises of a rental dwelling unit, that unit's certificate of use and occupancy shall be withheld until the violations are corrected. When, in the opinion of the Code Official, the violation(s) discovered inside or outside of a rental dwelling unit affect the health or safety of other occupants residing in other rental dwelling units within the same building, those certificate(s). of use and occupancy can be withheld or revoked. The Code Official may, upon written request, extend theperiod for compliance where the work has been delayed despite good-faith efforts to comply and where such extension presents no immediate threat to the health or safety of the occupants of the rental dwellingunit or other rental dwelling units within the same building. The Code Official, upon written request, may also extend theperiod for compliance for exterior violations that do not affect the health or safety of the occupants residing in that or other rental dwelling units within the same building for outside violations when, esple.goo-fatnetots tocomply, inclement weather has caused repairs to be delayed. The Rental Dwelling Unit Inspection Report shall include the following in writing: (1) (2) (3) (4) (5) (6) Identification of the rentalunit, Voatonsdiscoverainsce or outside the premises of the rental A reasonable time frame in which violations will be The identity of the Code Official performing the inspection,and dwelling unit, epatred/correcteg, Astatement of the owners righttoappeal, The date of the inspection. (b) When in the course of the inspection required under this article, violations are discovered inside or outside of the premises of a rental dwelling unit and the violations are minor innature and will not affect the health or safetyof the occupants of the rental dwelling unit or other occupants of other dwelling units within the same building, the Code Officialmay issue a separate Notice of Violation to the owner or agent for the repalirs/corrections and also (c) When, in the judgment of the Code Official, violations discovered inside or outside of a rental dwelling unit that are sufficient to withhold or revoke the certificate of use and occupancy and the violation(s)pose an imminent danger to the health or_safety of the occupants of the rental dwelling unit or other occupants of other dwelling units within the same building, the Code Official issue the certificate of use and occupancy, shall issue a notice to vacate to the owner or agent. An notice to vacate placard along with the notice of violation shall be posted to the rental dwelling unit in a conspicuous location. An appeal shall not "stay" an order to vacate under such conditions. The notice to vacates shall: (1) Be in writing, (2) Contain the identification of the rentalu unit, (3) Be served to the owner or owner's agent, (4) State thereasons therefor, (5) Include a copy of anyrelevantn notice(s) of violation, (6) Contain a notification of the penalty of this article for the owner, agent, or occupant(s).detyng the notice to vacate order, (7) Include notificationof the owner's right of appeal. (8) The identity of the Code Official performing the inspection,and (9) The date of the inspection. (d) Nothing in this article shall be construed to prevent the Code Official from ordering the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or safety of the occupants. 1767.11 ILLEGAL OCCUPATION. (a) Whena notice to vacate has been issued to the owner or agent and the premises of the rental dwelling unit has been posted, occupants of that rental dwelling unit that continue to live in the unit shall be subject to the penalties (b) When the owner oragent has failed to register a rental dwelling unit pursuant to the provisions of this Article or has failed torenew a rental dwelling unit pursuant to the provisions of this Article and a notice of delinquent rental_property has been sent to the owner or agent and the prescribed time frame to register or renew the rental unit(s) has expired, the Code Official shall post the premises of the Rental Dwelling Unit(s) witha notice to vacate and the owner,agent, and occupants will be subject to prescribed insection 1767.99 penalties set forth insection 1767.99 [1767.11] 1767.12 RIGHT OF APPEAL. (a) Any property owner or agent shall have the right to appeal to the Board of Appeals from a decision of the Code Official where it is alleged that the intent of this article or the codes referenced herein have been incorrectly interpreted, the provisions of this article do not fully apply, or an equivalent remedy to any violation may be employed. Such appeal shall be in writing stating the reasons therefore and shall be submitted to the Code Official within twenty days of receipt of the notice of violation. Except where conditions warrant immediate vacation of the dwelling, such appeal shall stay all action on the part of the Code Official in furtherance of the notice of violation from (b) Where a violation of the City Planning and Zoning Code is cited in a notice of violation, appeal shall be to the [Board of Adjustment) Board of ZoningAppeals (BZA). Allappeals from all other violations shall be to theI ICC which the appeal was taken. Board of Appeals. [1767.12] 176/.13APPLICABLITY OF OTHER LAWS. This article is not intended to abrogate any of the rights and responsibilities normally ascribed to the tenant or the landlord under the laws of West Virginia whether set out by case law or by the West Virginia Code, or any other applicable laws. [1767.13]1 1767.14 WAIVERABILITY. The minimum requirement of this article may not be waived either [1767.14] 1767.15 APPLICABILITY OF OTHER CODES AND ORDINANCES. This article is in addition to all housing requirements of other City ordinances intentionally or impliedly by either party to a rental agreement. and the laws of the State, as the case may be. 1767.99 PENALTY. Violation of this article shall constitute a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00). Each day that a violation continues after notification of same by the Code Official shall be deemed a separate offense. The imposition of penalties prescribed herein shall not relieve the property owner from responsibility for full compliance with all other applicable codes and ordinances, including any and all separate fines and penalties imposed thereunder. SAVINGS CLAUSE. The provisions of this ordinance shall become effective as hereinafter set forth. For all matters which may have arisen prior to said effective date, the former provisions of this Article shall apply and to that extent are hereby saved. This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2024. MAYOR ATTEST: CITY CLERK ITEM3 RESOLUTION AN OMNIBUS RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF APPLICATIONS TO VARIOUS GRANTING AGENCIES, INCLUDING PRIVATE FOUNDATIONS, CORPORATIONS, OR GOVERNMENTAL ENTITIES, FOR GRANTS THAT WILL BENEFIT THE CITY OF FAIRMONT, FURTHER ITS GOALS AND OBJECTIVES AND OTHERWISE LESSEN THE BURDEN OF GOVERNMENT, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITYTO DO ALLTHINGS REASONABLE AND NECESSARYIN CONNECTION WITH SAID APPLICATION; SUNSET SYNOPSIS By this proposed resolution, the Council of the City of Fairmont generally authorizes the filing of unspecified grant applications to private foundations, corporations, and governmental entities requesting grant funds that benefit the City of Fairmont, further its goals and objectives, and otherwise lessen the burden of government. By this proposed resolution, the Council of the City of Fairmont further nominates and appoints the City Manager, or designee, as the official representative to act on behalf of the City of Fairmont in connection with any such grant application. June 30, 2025. If passed, the authority of this omnibus grant resolution shall expire on RESOLUTION AN OMNIBUS RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF APPLICATIONS TO VARIOUS GRANTING AGENCIES, INCLUDING PRIVATE FOUNDATIONS, CORPORATIONS, OR GOVERNMENTAL ENTITIES, FOR GRANTS THAT WILL BENEFIT THE CITY OF FAIRMONT, FURTHER ITS GOALS AND OBJECTIVES AND OTHERWISE LESSEN THE BURDEN OF GOVERNMENT, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITYTODOALLTHINGS REASONABLE AND NECESSARYIN CONNECTION WITH SAID APPLICATION; SUNSET. WHEREAS, from time to time, the City of Fairmont, applies for grants from private foundations, corporations, and governmental entities requesting grant funds that benefit the City of Fairmont, further its goals and objectives, and otherwise lessen the burden of government. WHEREAS, by this resolution, the City Council for the City of Fairmont hereby authorizes the submission of all grant applications that do not require a specific resolution or act of Council, and designates an official representativet to act in connection with the grant applications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: Section 1. The Council of the City of Fairmont hereby authorizes the filing of all grant applications to private foundations, corporations, and governmental entities, requesting grant funds that benefit the City of Fairmont, further its goals and objectives, and otherwise lessen the burden of government. Section 2. The City of Fairmont will comply with all laws, and rules Section 3. The City Manager for the City of Fairmont, or designee, is hereby nominated and appointed as the official representative to act on behalf regulations pertaining to any such grant if awarded; and of the City of Fairmont in connection with said application. Section 4. The authority of this Omnibus Grant Resolution shall expire on June 30, 2025. This Resolution shall become effective upon passage. Passed this the 26th day of November, 2024. MAYOR ATTEST: CITY CLERK ITEM 4 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT RE- ALLOCATING A PORTION OF CERTAIN ARPA FUNDS IN THE AMOUNT OF $135,000.00 FROM THE LOST PUBLIC SECTOR REVENUE CATEGORY WHICH HAD BEEN PREVIOUSLY ALLOCATED TO THE NORWOOD PARK PROJECT AND RE-DIRECTING AND REALLOCATING SAID FUNDS TO PROVIDE FOR IMPROVEMENTS AT WINDMILL PARK. SYNOPSIS By prior resolution of Council, $84,000.00 in funds from the Public Health & Economic Impact ARPA Category was allocated to provide for improvements to Windmill Park. The cost of the proposed projects based on the community feedback session for improvements to Windmill Park exceeded the amount of the allocated ARPA funds by $135,000.00. By this proposed resolution, the Council for the City of Fairmont provides for the calccaton/eautmonaton and expenditure of additional ARPA Funds int the amount of $135,000.00 from the Lost Public Sector Revenue Category previously allocated to the Norwood Park Project to provide for the completion of the improvements to Windmill Park. The reallocation of these funds will not impair the Norwood Park Project because the available funding for the Norwood Park Project exceeded the amount necessary. This resolution further provides that all expenditures of all such ARPA funds must follow the final U.S. Treasury ARPA Rules, the provisions of Article VFinancial Procedure of the Charter of the City of Fairmont, the State of West Virginia Constitution and the West Virginia Code, and nothing in this resolution authorizes any construction project or an action, activity, initiative, or project which must be authorized by Council by ordinance. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT RE- ALLOCATING A PORTION OF CERTAIN ARPA FUNDS IN THE AMOUNT OF $135,000.00 FROM THE LOST PUBLIC SECTOR REVENUE CATEGORY WHICH HAD BEEN PREVIOUSLY ALLOCATED TO THE NORWOOD PARK PROJECT AND RE-DIRECTING AND REALLOCATING SAID FUNDS TO PROVIDE FOR IMPROVEMENTS AT WINDMILL PARK. WHEREAS, by prior resolutions and ordinances, the City of Fairmont authorized and allocated 50% of its funding from the American Rescue Plan Act (ARPA) State Fiscal Recovery Fund and the Local Fiscal Recovery Fund to provide for lost public sector revenue WHEREAS, by prior ordinance, the Council for the City of Fairmont provided for the acquisition and construction of a project to provide for the redevelopment of Norwood Park, with funding sources for the project being TIF Funds, Lost Public Sector Revenue ARPA Funds; and outside contributions. WHEREAS, the available funding for the Norwood Park Project exceeded WHEREAS, by prior resolution, $84,000.00 in funds from the Public Health & Economic Impact ARPA Category was ealocateo/allocated to provide the amount necessary therefor by more than $135,000.00. for improvements to Windmill Park. WHEREAS, the cost of the proposed projects based on the community feedback session for improvements to Windmill Park exceeded the amount of the ARPA funds allocated therefor by $135,000.00. WHEREAS, it is deemed necessary and appropriate to revise and reallocate certain ARPA funds in the amount of $135,000.00 from the Lost Public Sector Revenue category previously allocated and directed to the Norwood Park project and to reallocate and redirect said funds to provide for the improvements to Windmill Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY THAT: Section 1: Re-allocation/Rerautnonzation/Expenditure of ARPA Funds: The projects, purchases, and initiatives previously allocated are hereby re- allocated as follows: A reallocation of $135,000.00 from the Lost Public Sector Revenue Category previously allocated to the Norwood Park Project to provide for the completion of the improvements to Windmill Park; And, the expenditure of ARPA funds in said amounts for said purposes Section 2. Compliance with Financial Procedure. All expenditures of said ARPA Funds must follow the final U.S. Treasury APRA Rules, the provisions of of the Charter of the City of Fairmont, the State of West Virginia Constitution, be and is hereby authorized for same. Article VFinancial Procedure and the West Virginia Code. Section 3. Ordinances Required. Nothing herein authorizes any action, activity or project or shall be construed to authorize the construction of any construction project, or any action, activity, initiative, or capital project that would otherwise be required to be authorized by Council by ordinance. Passed this the 26th day of November, 2024. MAYOR ATTEST: CITY CLERK ITEM5 CITYOFF FAIRMONT BOARD AND COMMISSION APPLICATION Cityl Manager's Office 200 Jackson Street, P.O. Box 1428 Fairmont, WV 26555-1428 Telephone: (304)366-6211, Ext. 315; Fax: (304)366-0228 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 remainatt the discretionoftheCity Council and/ortheCity Manager. Address: Telephone(G)-Home Occupation: Age Group: OUnder 18 Name:_ CARROI J. Hathela Zip: Business Name of Employer. Doyour reside in the CityLimits of Fairmont? Yes ONo Howlong? 018-34 035-60 Over 60 OGraduate Education DElementary High SchooloCollege Certification or other Vocational Training: Degrees/Majors: Other Skills: Volunteer Experience. and other Community nyolvementgivedate): additional spacei isr required, please attach as separate sheet ofp paper.) Ifyou are appointed, could you meet: Morning. (If Afternoon Evening Check ALL areas in which you have experience and 3 areas only in which you are interested: Exp/Int .Aging L Public Relations Counseling Cultural Activities _Mental Health Economic Development Other information already on this form? Exp/Int Exp/Int EducationTraining Environment Urban Concerns Volunteer Services Drug Abuse LPaming/Mamagement Budgeting Recretion, Heàth Law Youth Communications Media I/_Transportation, 393 Ed R, What do you feel you can contribute to the community that may not be evident from Thisa aplamionbapaliedoamemtandulleonfie- for2years.) Please check three (in order of] preferencei.e., 1-2-3)ofthe City Boards, Commissions,and Committees for which you would! likei tol be considered for appointment. DA Affirmative. Action Commission' D Arts & Humanities Commission OE Board ofZoning Appeals OE BOCA Board of Appeals OE Building Commission 01 Ethics Board OF Fairmont General Hospital Board DF Fairmont Housing. Authority 0 Marion Co. Convention &Visitors Bureau OM Marion County Board of Health OMarion County Public Library Trustee Bd. ON Marion County Parks & Recreation Comm. ONorth Central WV Community Action Board OParking Authority 01 Personnel Appeals Board OPlanning & Zoning Commission Fairmont-Marion Airport Authority OPolice Civil Service Commission Fairmont-Marion Transit. Authority Region VI Area Council on. Aging.Advisory OE Fireman's Civil Service Commission DE Historic Landmarks Commission DI Human Rights Commission DUrban Renewal Authority Committee 0 Safety Review Board Sanitary Sewer Board 04 Appearance Standards Work Group Historic Preservation Review Commission Which boards have you served (or are you serving) on? Nâme/Date appointment. Name Name/Date Please list three individuals in the city who may be contacted when considering you for an Address Telephone Number (Home) (Work) Sunature Date ITEM I 6 Board and Commission Application Submitted On: Nov 8, 2024, 12:22PM EST City of Fairmont Çity,of Fairmont Board and Commission Application By completing this form, you are indicating your interest to serve on a city board, commission, or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion of the City Council and/or the City Manager. This application is a public document and will be on file for two (2) years. Full Name Full Address First Name: Craig Last Name: White Street Address: City: Fairmont State: W Zip: 26554 Phone Number Email Occupation: Employer: : : : : : Do you reside within the city limits of Fairmont? If yes, how long? Education: Degree/Major: Training: : Certifications or' Vocational Other relevant skills: Volunteer experience and community involvement (please Ifa appointed, could you meet: Morning Please select up to three (3) of the following City Boards, Commissions, or Committees for which you would like to be give dates): Afternoon Evening considered for appointment: How did you hear about this board or commission? (Ex. Word of mouth, social media, from a current board or commission Have you served on any boards, commissions, or committees in MCPARC the past? If so, please list: Signature Data member; etc.) First Name: Craig Last Name: White Email Address: ITEM 17 Board and Commission Application Submitted On: Nov 8, 2024, 12:54PM EST City of Fairmont City,of Fairmont Board and Commission Application By completing this form, you are indicating your interest to serve on a city board, commission, or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion of the City Council and/or the City Manager. This application is a public document and will be on file for two (2) years. Full Name Full Address First Name: john phillip Last Name: burton Street Address: City: Fairmont State: W Zip: 26554 Phone Number Email Occupation: Employer: Do you reside within the city limits of Fairmont? Ify yes, how long? Education: Degree/Major: Training: Certifications or Vocational Other relevant skills: Volunteer experience and community involvement (please give dates): Ifa appointed, could you meet: Please select up to three (3) of the following City Boards, Commissions, or Committees for: which you would like to be considered for appointment: How did you hear about this board or commission? (Ex. Word of mouth, social media, from a current board or commission Have you served on any boards, commissions, or committees in listed above the past? If so, please list: Signature Data member; etc.) First Name: john Last Name: burton Email Address: ITEM8 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) wwwairmontwy.goy BOARD AND COMMISSIONAPPLICATION Byo completing this form, you are indicating your interest to serve on a city board, commission or committee. Thel Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion of the City Council and/or the City Manager. This application is aj public document and will be on file for two (2) years. Name: Joshua D. Rice Address: Phone: (H). Email: Occupation: (W). (C). Employer: Do your reside in the City Limits of Fairmont? Yes No Ifyes, how long?. Graduate Education: Degrees/Majors: Elementary High School College Certification or other vocational training: Other skills: Volunteer experience and other community involvement (give dates): (Ifa additional space is required, please attach a separate sheet ofj paper.) Ify you are appointed, could you meet: V Morning VAfternoon VEvening What do you feel you can contribute to the community that may not be evident from information alreadv on this form? 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. Arts & Humanities Commission Board of Zoning Appeals Fairmont Airport Authority Fairmont Audit Committee Fairmont Building Commission Fairmont Parking Authority Fairmont Parks Commission Fairmont Sanitary Sewer Board Fairmont Water Board FairmontMorgantown Housing Auth. Fairmont-Marion Transit Authority Fire Civil Service Commission Historic Landmarks Commission Which boards have/are you serving on? Fairmont parks Commission Historic Preservation Review Commission Human Rights Commission ICC Board of Appeals Marion Co. Parks & Recreation Commission Marion Co. Public Library Trustee Board Personnel Appeals Board Planning & Zoning Commission Police Civil Service Commission Urban Renewal Authority Please list threei individuals in the city who may be contacted when considering you for an appointment. Name Address Phone (please specify daylevening) Signature Date