FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 28, 2025 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 Alleglance - Councilmember Rice IV. APPROVAL OF MINUTES Organizational Meeting - January 14, 2025 Regular Meeting - January 14, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Of The Council For The City Of Fairmont Authorizing, Approving And Providing For The Acquisition, Establishment And Construction Of A Certain Public Improvement Project, Namely Pleasant Valley Waterline Replacement Project = Contract 1 To Be Funded Through A Grant From The City Of Pleasant Valley; Approving The Terms And Conditions Of That Certain Agreement Between The City Of Fairmont And The City Of Pleasant Valley Dated 12/20/24; Authorizing And Empowering The City's Utility Manager To Execute And Deliver Said Agreement On Behalf Of The City Of Fairmont; And Further Providing The Utility Manager With The Authority To Do All Things Reasonable And Necessary In Connection Therewith; Ratification. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1.A Adoption, An Ordinance Of The Council For The City Of Fairmont Authorizing, Approving And Providing For The Acquisition, Establishment And Construction Of A Certain Public Improvement Project, Namely Pleasant Valley Waterline Replacement Project - Contract 1 To Be Funded Through A Grant From The City Of Pleasant Valley; Approving The Terms And Conditions Of That Certain Agreement Between The City Of Fairmont And The City Of Pleasant Valley Dated 12/20/24; Authorizing And Empowering The City's Utility Manager To Execute And Deliver Said Agreement On Behalf Of The City Of Fairmont; And Further Providing The Utility Manager With The Authority To Do All Things Reasonable And Necessary In Connection Therewith; Ratification. B. NEW BUSINESS 2. Introduction, First Reading, Set Public Hearing, An Ordinance Providing For The Public Auction Of Surplus Personal Property 3. Adoption, A Resolution Providing For An Amendment To The City Of Fairmont's 2024-2025 Annual Budget: General Fund. 4. One Appointment, Fairmont Parking Authority, Three-Year 5. One Alternate Appointment, Board of Zoning Appeals, Three- Of The City Of Fairmont; Reservation Of Rights. Unexpired Term Ending September 30, 2025. Year Unexpired Term Ending June 25, 2025. EXECUTIVE SESSION - Pending Litigation Sears V City of Fairmont IX. ADJOURNMENT MINUTES 1/14/25 ORGANIZATIONAL MEETING January 14, 2025 Pursuant to Section 1.2 of the Rules of Order and Procedure, adopted by the Council of the City of Fairmont on February 6, 1978, the biennial Organizational Meeting of Council of the City of Fairmont was convened this 14th day of January, 2025, at 7:00 p.m., in the Council Chambers, at the Public Safety Building, 500 Quincy Street, Fairmont, West Virginia. Mayor Bolyard called the meeting to order. IN RE: OATH OF OFFICE = COUNCILMEMBERS BOLYARD, HORTON, WEBER, AND SOLE The City Clerk administered the Oath of Office of Councilmember to Anne E. Bolyard, Anthony T. Horton, Daniel K. "Dan" Weber, and Julia "Julie" Sole, the members elected to serve on Council for the City of Fairmont at the Municipal Anne E. Bolyard, a resident of 1701 Morgantown Avenue, representing the Second District, elected for a term of four years, commencing January 1,2025 Anthony T. Horton, a resident of 914 Lewis Street, representing the Fourth District, elected for a term of four years, commencing January 1, 2025 and Daniel K. "Dan" Weber, a resident of 1290 Hillcrest Road, representing the Sixth District, elected for a term of four years, commencing January 1, 2025 Julia "Julie" Sole, a resident of 1230 Westwood Lane, representing the Seventh District, elected for a term of four years, commencing on January 1, 2025 and The City Clerk administered the Oath of Office, to-wit: "Do you, and each of you, having been duly elected to serve as a Councilmember of the City of Fairmont, solemnly swear, that you will support the Constitution of the United States, the Constitution of the State of West Virginia, and the Charter of the City of Fairmont, and that you will faithfully and impartially perform the duties of a Councilmember of the City of Fairmont, SO long as you shall continue therein, to the best of your skill and judgment, sO help you God. Councimembers-tlect Bolyard, Horton, Weber, and Sole replied: "Ido." Non-Partisan General Election held November 5, 2024. and expiring December 31, 2028. expiring December 31, 2028. and expiring December 31, 2028. expiring December 31, 2028. Thereupon, the City Clerk declared Anne E. Bolyard, Anthony T. Horton, Daniel K. "Dan" Weber, and Julia "Julie" Sole duly sworn in as members of the Council The City Clerk called the roll of Councimembers present to determine the of the City of Fairmont and extended congratulations to them. representation of the Council Districts: First District Second District Third District Fourth District Fifth District Sixth District Seventh District Eighth District Ninth District Also present were: City Manager City Clerk City Attorney Finance Director Planning Director IN RE: Joshua D. Rice Anne E. Bolyard Rebecca Moran Anthony T. Horton Charles "Chuck" Warner Daniel "Dan" Weber Julia "Julie" Sole Bruce McDaniel Kandice "Kandi" Nuzum Travis L. Blosser Janet L. Keller Kevin V. Sansalone Priscilla Hamilton Shae Strait Communications Manager David Kirk ELECTION OF MAYOR Mayor Bolyard called for nominations for the Office of Mayor. councimember McDaniel nominated Anne Bolyard to serve as Mayor. Motion: There being no other nominations, Councilmember Weber moved that nominations be closed. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk to close the nominations. The Mayor declared the nominations closed by unanimous vote of Council. Roll call was taken on the nomination of Anne Bolyard as Mayor and the following votes were recorded: 2 Councilmember Nuzum Councimember Weber Councimember Rice Councimember Horton Councimember McDaniel unanimous vote of Council. Yes Councilmember Warner Yes Councilmember Bolyard Yes Councimember Moran Yes Councilmember Sole Yes Yes Yes Yes Yes Thereupon, the Mayor Bolyard declared herself duly elected as Mayor by IN RE: OATH OF OFFICE - MAYOR BOLYARD The Clerk administered the Oath of Office of Mayor, to-wit: "Do you, Anne Bolyard, having been duly elected to serve as Mayor of the City of Fairmont, solemnly swear, that you will support the Constitution of the United States, the Constitution of the State of West Virginia, and the Charter of the City of Fairmont, and that you will faithfully and impartially perform the duties of Mayor, to the best of your skill and judgment, sO help you God?" Mayor Bolyard replied "I do." IN RE: ELECTION OF DEPUTY MAYOR Mayor Bolyard entertained nominations for the Office of Deputy Mayor. Mayor Bolyard nominated Josh Rice to serve as Deputy Mayor. Motion: There being no other nominations, Councilmember McDaniel moved that nominations be closed. The motion was seconded by Councimember Warner. Roll call was taken by the Clerk to close the nominations. The Mayor declared the nominations closed by unanimous vote of Council. Roll call was taken on the nomination of Josh Rice as Deputy Mayor and the following votes were recorded: Councimember Weber Councimember Nuzum Councimember Sole Councilmember Horton Mayor Bolyard Yes Councilmember Warner Yes Councimember McDaniel Yes Councllmember Moran Yes Councimember Rice Yes Yes No Yes Yes 3 Mayor Bolyard declared Josh Rice duly elected as Deputy Mayor by majority vote of Council. IN RE: OATH OF OFFICE - DEPUTY MAYOR RICE The Clerk administered the Oath of Office of Deputy Mayor, to-wit: "Do you, Josh Rice, having been duly elected to serve as Deputy Mayor of the City of Fairmont, solemnly swear, that you will support the Constitution of the United States, the Constitution of the State of West Virginia, and the Charter of the City of Fairmont, and that you will faithfully and impartially perform the duties of Deputy Mayor, to the best of your skill and judgment, SO help you God?" Deputy Mayor Rice replied "I do." IN RE: PROCEDURE ADOPTION, A RESOLUTION BY HE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, ADOPTING COUNCIL'S RULES OF ORDER AND Mayor Bolyard entertained a motion for the adoption of a resolution adopting Councimember McDaniel moved for the adoption of the proposed resolution. Council's Rules of Order and Procedure. Councimember Sole seconded the motion. The Clerk read the proposed resolution by synopsis. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council and stated that the Council's Rules of Order and Procedure are officially adopted. ADJOURNMENT Mayor Bolyard entertained a motion for the adjournment of the Organizational Meeting. Motion: Councilmember Nuzum moved to adjourn the meeting. Councimember Mayor Bolyard declared the Organizational Meeting adjourned by voice vote Warner seconded the motion. of Council at 7:09 p.m. 4 January 14, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:10 p.m. on the 14th day of January, 2025, 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 Clerk City Attorney Director of Planning Finance Director INF RE: Joshua D. Rice Anne E. Bolyard Rebecca Moran Anthony T. Horton Charles "Chuck" Warner Daniel "Dan" Weber Julia "Julie" Sole Bruce McDaniel Kandice "Kandi" Nuzum Travis L. Blosser Janet L. Keller Kevin V. Sansalone Shae Strait Priscilla Hamilton communications Manager David Kirk OPENING CEREMONIES Rev. Leo Riley gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember 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 December 17, 2024. She asked if Councilmember Sole moved to approve the minutes as submitted. The motion there were any corrections, deletions, or amendments. was seconded by Councilmember McDaniel. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF Pursuant to a notice duly published in the Times-West Virginian on December 13, 2024, a public hearing was convened to obtain citizen input on an ordinance approving the terms and conditions of the agreement between the City of Fairmont and FOP Lodge 69 to be effective for the period from January The Mayor asked if anyone present desired to speak to the proposed SGT. ADRIAN HAYHURST, representing the FOP, spoke in favor of the proposed ordinance. He said that the FOP and the Chief of Police are in favor There being no one else to speak, the public hearing was called to a close at FAIRMONT 1, 2025 to December 31, 2029. ordinance. of this contract. 7:14 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING: Description District / Fairmont City Fairmont City Map/ Parcel 6/0143.0001.0000 6/0144.0000.0000 6/01690002.0000 8015 SQ FT 10th & MINOR 0.07 AC (3026 SQ FT)10th ST 25158 SQ FT (0.578 AC) 10th ST Fairmont City FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT'S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING 2 THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; Pursuant to a notice duly published in the Times-West Virginian on December 13, 2024, a public hearing was convened to obtain citizen input on an ordinance authorizing the purchase of real estate from Robert J. Williams, III to the City of Fairmont to assist in providing the essential public services The Mayor asked if anyone present desired to speak to the proposed City Manager Blosser spoke in favor of the proposed ordinance on behalf of the Public Works Department. He said that the building sits next door to the existing facility. He said that the current building is nice and gave them an improved facility but it also caused issues around how much space they had. The entire back section of the existing Public Works building has storage buildings that have been added that are taking up space of where we try to store other equipment related to snow removal. It also causes some of our equipment that is not utilized during the winter time are not built to be sat outside in the freezing cold and could cause issues with those, then they have tos sit in the existing Public Works facility and that causes issues when we work tor mobilize our crews and have as many trucks as possible ready to go as soon as the weather hits. When equipment sits out in significant low temperatures, that equipment is going to have problems and freeze up. He explained that the former East Side Fire Station and the Monroe Street Fire Station, those two areas have become offshoots of storage for Public Works and it would be nice to have everything centralized on campus. This building will be turn key when we take ownership of it and we will be able to walk in There being no one else to speak, the public hearing was called to a close at RESERVATION OF RIGHTS. conducted by the Department of Public Works. ordinance. and immediately start using it. 7:18 p.m. ANNOUNCEMENTS IN RE: WELCOME TO NEW COUNCILMEMBERS Councimember Rice welcomed Councimembers Horton and Weber. He said Councimember Warner also welcomed Councimembers Horton and Weber. he looks forward to working with both of them. 3 Councilmember McDaniel also extended his welcome to Councimembers Councllmember Nuzum welcomed Anthony Horton and Dan Weber. She noted Mayor Bolyard also extended her welcome to Councilmember Horton and Councimember Weber to City Council. She looks forward to serving them and she knows that this Council will do great things that are already in progress. Horton and Weber. that she is glad to have them with us. IN RE: PUBLIC WORKS COMMENDED Councimember Rice commended the Public Works Department for their Councimember Moran said thanks to Public Works for moving the giant piles of snow and helping to clear the sidewalks. She also expressed her appreciation to every resident and business owner for shoveling their councimember Warner also extended his appreciation to all of the Public Councilmember Weber stated that the Street Department has done a wonderful job in keeping the streets cleaned and without snow and ice. Councilmember McDaniel said that he was contacted by a constituent about the garbage service and after their discussion, she was satisfied but she also said that she has lived here for 50 years and she has never seen the streets Councilmember Nuzum thanked the Public Works Department for cleaning the Mayor Bolyard extended her deepest appreciation for the unfeeling dedication of Public Works and all other departments since the snow started to fall on efforts in snow removal the last couple of weeks. sidewalks. Works personnel dealing with this mess. cleaned as well as they are this time. roads and noted that they have a good crew. January 6th. IN RE: COMPASSION CENTRAL Councilmember Moran stated that Compassion Central has started a new neighborhood nursing program. She said that it was free nursing and it is the second and fourth Saturday of each month from 11:00 a.m. to 2:00 p.m. at the Nazarene Church on Walnut Avenue and Second Street. 4 IN RE: CULTIVATE WV Councilmember Moran said that Cultivate will start meeting again on Monday, January 27th at 5:30 p.m. at FSU at Hardway Hall. IN RE: THANK YOU TO CITY RESIDENTS FOR RE-ELECTION Councilmember Weber thanked the citizens of Fairmont for re-electing him to City Council. He has always enjoyed his Council time in the past. He thanked Gia Deasy for her work that she did previously. IN RE: REPUBLIC SERVICES Councimember Nuzum stated that she has received several calls regarding the lack of garbage service. She noted that she was pleased to say that we have a City Manager who is on it and who is fighting this for us. She thanked Mr. Blosser for being on top of the situation. CITIZENS PETITIONS There were no petitions for this meeting. CITY MANAGER'S REPORT IN RE: the dais. IN RE: WELCOME NEW COUNCILMEMBERS Mr. Blosser extended his welcome to councimembers Horton and Weber to MAYOR AND DEPUTY MAYOR RE-ELECTION The City Manager congratulated Mayor Bolyard and Deputy Mayor Rice on their re-election to their posts. IN RE: PUBLIC WORKS COMMENDED Mr. Blosser said that the weatherman was right this time and we did get hit with the snowfall that was projected and he has worked in a number of communities and has visited a number of communities when he worked for the Municipal League during the winter and he has never met a crew of folks that are as dedicated as the Public Works employees that we have. He said that they all understand that is their paycheck and they certainly value that but they also care deeply about the community and when they get on that 5 road, they understand what they are doing is a matter of public safety for our residents. He stated that he appreciates and applauds everything that those guys do. IN RE: REPUBLIC SERVICES Mr. Blosser said that he is extremely disappointed in the operations from Republic Services. He went on to say that our community pays a significant amount of money for trash service and he does not think that we have received that. He added that he is continuing to have discussions with them and pressuring them to get trash picked up. He said that this week they are supposed to be on a regular schedule but he is not optimistic with the snow that he has already seen this evening. He is concerned with the management practices of Republic and how they determine whether or not trucks should go down a street. He noted that we have issues with Republic Services but wanted to say that he is someone that is solutions-oriented in figuring out solutions while we continue to work to try to keep those streets clear and stay ahead of them while also making other recommendations to Republic, one of the things he felt that we need to take a deep look at was whether or not we need to get back in the trash operations business and start providing that service. He said at one point, privatizing municipal services was financially lucrative and beneficial for both the local government as well as the service providing was beneficial because you were dealing with more localized companies. Now that those companies have started to be gobbled up and become more larger corporate companies with shareholders that they have to answer to, there are different dynamics that face them that do not face local governments when we provide the service. He said that it was his commitment to have some recommendations to Council in 2025 as to how we need to proceed and to show the financial picture to City Council in how we would make that work. He stated that, not just for City Council's benefit but also for the public that we serve, to understand that we are looking at it and he is bound and determined to work to keep rates where they are currently at and making changes to our service to provide better service. He did not think, currently at the moment, Republic Services can do that nor is he optimistic that any private carrier can handle that. That is a service that is best left to usas a municipal government to provide from a public benefit not a private for-profit benefit. IN RE: STRATEGIC PLANNING DOCUMENT The City Manager presented Council with a draft copy of his Strategic Planning document and Council's Goals. This meeting will be held on Tuesday, January 28th at 5:00 p.m. in City Council Chambers, prior to the start of the regular 6 City Council meeting. He noted that we have tried, as staff, in drafting this to make sure we are incorporating things that we have heard from City Council. IN RE: UPCOMING BUDGET WORK SESSIONS Mr. Blosser reported the following budget work session dates: Wednesday, February 5th at 4:00 p.m. for the General Fund Budget and Coal Severance Fund and on Thursday, February 6th at 4:00 p.m. for Water, Sewer, and Stormwater Funds on their existing fiscal year budget. He thought it was important for City Council to be informed on their budget given that they do have some involvement. He said that both work sessions will be held in the City Council Chambers. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance approving the terms and conditions of the agreement between the City of Fairmont and FOP Lodge 69 to be effective for the period from January 1, 2025 to December 31, 2029. Motion: Councimember McDaniel moved for the adoption of the proposed ordinance. Councilmember Sole seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2059 was duly adopted. IN RE: BEING: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THE FOLLOWING REAL ESTATE 7 Description District/ / Fairmont City Fairmont City Map/ Parcel 6/0143.0001-0000 6/0144.0000.0000 6/01690002.0000 8015 SQ FT 10th & MINOR 0.07 AC 30265QFP)10"ST 25158 SQ FT (0.578 AC) 10th ST Fairmont City FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT'S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RESERVATION OF RIGHTS. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance authorizing the purchase of real estate from Robert J. Williams, III to the City of Fairmont to assist in providing the essential public services conducted by the Department of Public Works. Motion: Councilmember Weber moved for the adoption of the proposed ordinance. Councilmember Sole seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2060 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT - CONTRACT 1 TO BE FUNDED THROUGH A GRANT FROM THE CITY OF PLEASANT VALLEY; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN THE CITY OF FAIRMONT AND THE CITY OF PLEASANT VALLEY DATED DECEMBER 20, 2024; AUTHORIZING AND EMPOWERING THE CITY'S UTILITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; AND FURTHER PROVIDING THE UTILITY 8 MANAGER WITH THE AUTHORITY TO DO ALL THINGS REASONABLE 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 construction of a Pleasant Valley Waterline Replacement Project to be funded through a grant from the City of Pleasant Valley and authorizing the City's Utility Manager to execute and deliver said agreement NECESSARY IN CONNECTION THEREWITH; RATIFICATION on behalf of the City of Fairmont. Motion: Councilmember Weber moved for the introduction of the proposed ordinance. Councimember Warner seconded the motion. Discussion: Councimember Weber asked if this project will cost the City of Fairmont much Mr. Blosser responded by saying that the City of Fairmont Utility system will be involved in the cost of some of the engineering and it would be significantly under this amount. He added that they way we designed it, given the utility system paying for the design of that line, we will continue to retain the design of the entire line segment and we will only construct or replace as much of that line as that $400,000 will allow until we would plan a much longer-term along with this or is the grant covering the total cost. project down the road. The Mayor declared the public hearing set for January 28, 2025. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion to adjourn to Executive Session as per WV Code $6-9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A - to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal, or compensation of a City Officer. Motion: Councilmember McDaniel moved to adjourn to Executive Session. The motion was seconded by Councilmember Nuzum. 9 The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:36 p.m. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 7:47 p.m. IN RE: ONE COUNCILMEMBER APPOINTMENT, CONVENTION AND VISITORS BUREAU OF MARION COUNTY, TERM TO END DECEMBER 31, 2026 Mayor Bolyard entertained a motion for one Councilmember appointment to the Convention and Visitors Bureau of Marion County for a two-year term ending December 31, 2026. Motion: Councimember Rice moved to appoint Councimember Kandi Nuzum to the Convention and Visitors Bureau of Marion County for a two-year term ending December 31, 2026. The motion was seconded by Councilmember McDaniel. The Mayor declared Councimember Kandi Nuzum appointed to the Convention and Visitors Bureau of Marion County for a two-year term ending December 31, 2026 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, PLANNING AND ZONING COMMISSION, TERM TO END WHEN COUNCIL TERM EXPIRES. Mayor Bolyard entertained a motion for one Councilmember appointment to the Planning and Zoning Commission for a term to end when their Council term expires. Motion: Councimember McDaniel moved to appoint Councilmember Rebecca Moran to the Planning and Zoning Commission for a term to end when her Council term The Mayor declared Councilmember Rebecca Moran appointed to the Planning and Zoning Commission for a term to end when her Council term expires by expires. The motion was seconded by Councilmember Sole. unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, FAIRMONT AUDIT COMMITTEE, TWO YEAR TERM TO END JANUARY 10, 2027. 10 Mayor Bolyard entertained a motion for one Councilmember appointment to the Fairmont Audit Committee for a two-year term ending January 10, 2027. Motion: Councimember Nuzum moved to appoint Councilmember Bruce McDaniel to the Fairmont Audit Committee a two-year term ending January 10, 2027. The Mayor declared Councilmember Bruce McDaniel appointed to the Fairmont Audit Committee for a two-year term ending January 10, 2027 by unanimous The motion was seconded by councimember Sole. vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, MARION COUNTY RESCUE SQUAD, THREE-YEAR TERM TO END DECEMBER 31, 2027. Mayor Bolyard entertained a motion for one Councilmember appointment to the Marion County Rescue Squad for a three-year term ending December 31, 2027. Motion: Councilmember Warner moved to appoint Mayor Anne Bolyard to the Marion County Rescue Squad a three-year term ending December 31, 2027. The The Mayor declared Mayor Anne Bolyard appointed to the Marion County Rescue Squad for a three-year term ending December 31, 2027 by unanimous motion was seconded by Councilmember Rice. vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, STAFF TIF ADVISORY COMMITTEE, TERM TO END WHEN COUNCIL TERM EXPIRES. Mayor Bolyard entertained a motion for one Councimember appointment to the Staff TIF Advisory Committee for a term to end when their Council term expires. Motion: Councimember Warner moved to appoint Mayor Anne Bolyard to the Staff TIF Advisory Committee for a term to end when her Council term expires. The motion was seconded by Councilmember Sole. 11 The Mayor declared Mayor Anne Bolyard appointed to the Staff TIF Advisory Committee for a term to end when her Council term expires by unanimous vote of Council. IN RE: ONE CITIZEN APPOINTMENT, FAIRMONT AUDIT COMMITTEE, TWO-YEAR TERM TO END JANUARY 10, 2027. Mayor Bolyard entertained a motion for one citizen re-appointment to the Fairmont Audit Committee for a two-year term ending January 10, 2027. Motion: Councimember McDaniel moved to re-appoint Jamie Greene to the Fairmont Audit Committee for a two-year term ending January 10, 2027. The motion The Mayor declared Jamie Greene re-appointed to the Fairmont Audit Committee for a two-year term ending January 10, 2027 by unanimous vote was seconded by Councilmember Warner. of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Rice moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 7:52 seconded by Councilmember Nuzum. p.m. 12 PUBLIC HEARINGS PUBLIC HEARINGS JANUARY 28, 2025 1. An Ordinance Of The Council For The City Of Fairmont Authorizing, Approving And Providing For The Acquisition, Establishment And Construction Of A Certain Public Improvement Project, Namely Pleasant Valley Waterline Replacement Project - Contract 1 To Be Funded Through A Grant From The City Of Pleasant Valley; Approving The Terms And Conditions Of That Certain Agreement Between The City Of Fairmont And The City Of Pleasant Valley Dated 12/20/24; Authorizing And Empowering The City's Utility Manager To Execute And Deliver Said Agreement On Behalf Of The City Of Fairmont; And Further Providing The Utility Manager With The Authority To Do All Things Reasonable And Necessary In Connection Therewith; Ratification. ITEM 11 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT - CONTRACT 1 TO BE FUNDED THROUGH A GRANT FROM THE CITY OF PLEASANT VALLEY; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN THE CITY OF FAIRMONT AND THE CITY OF PLEASANT VALLEY DATED DECEMBER 20, 2024; AUTHORIZING AND EMPOWERING THE CITY'S UTILITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; AND FURTHER PROVIDING THE UTILITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont authorizes, approves, provides for, and directs the acquisition, establishment and/or construction of the public improvement project identified in the ordinance title. The cost of the project is to be funded by a grant from the City of This ordinance approves the form of the agreement between the City of Fairmont and the City of Pleasant Valley attached to the ordinance, provides for the execution and delivery thereof, and further authorizes all other actions which may be reasonable and necessary in connection therewith. Pleasant Valley in the amount of $400,000.00. In addition, this ordinance ratifies, confirms, and approves all acts taken by the City of Fairmont or the City of Fairmont Water Board in furtherance of such public improvement prior to the effective date of this ordinance. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT - CONTRACT 1 TO BE FUNDED THROUGH A GRANT FROM THE CITY OF PLEASANT VALLEY; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN THE CITY OF FAIRMONT AND THE CITY OF PLEASANT VALLEY DATED DECEMBER 20, 2024; AUTHORIZING AND EMPOWERING THE CITY'S UTILITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; AND FURTHER PROVIDING THE UTILITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION WHEREAS, the City of Fairmont and its Water Board propose to provide WHEREAS, the cost of such project is to funded by a grant from the City of Pleasant Valley in the amount of $400,000.00. The terms and conditions of the grant are set out in the attached agreement. No revenue bonds or other for the public improvement project identified in the ordinance title. financing is involved. WHEREAS, West Virginia Code $8-11-3(5) requires that the City of Fairmont provide by ordinance for the construction and acquisition of public improvements. WHEREAS, West Virginia Code 98-11-3(10) requires that contractual agreements with other jurisdictions be authorized by Council by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY SECTION 1. The Council for the City of Fairmont hereby authorizes, approves, provides for, and directs the construction, establishment, and/or acquisition of a public improvement project, namely, Pleasant Valley Waterline OF FAIRMONT THAT: Replacement Project - Contract 1. The project is to be funded through a grant from the City of Pleasant Valley. The terms and conditions of the grant are set out in that certain Agreement Between the City of Pleasant Valley and the City of Fairmont, dated December 20, 2024, a copy of which is attached hereto and made a part hereof. SECTION2. The City's Utility Manager, on behalf of the City of Fairmont, be and is hereby authorized and empowered to act in accordance with law and to do all things reasonable and necessary to provide for the construction, establishment, and/or acquisition of the aforementioned project, including full power and authority to negotiate, enter into, execute, and deliver any and all necessary documents, contracts or agreements, including but not limited to the Agreement Between the City of Pleasant Valley and the City of Fairmont, dated December 20, 2024, and any other documents, which may be necessary and desirable to consummate the transaction authorized herein and otherwise carry out the purpose and intent of this Ordinance, all with such change or changes as the person executing the same may approve, such approval and the propriety and necessity said changes to be conclusively evidenced by the execution and delivery thereof. SECTION! 5. All actions heretofore taken by the City of Fairmont or the City of Fairmont Water Board in furtherance of this public improvement prior to the effective date of this ordinance are hereby ratified, confirmed and approved. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK AGREEMENT BETWEEN THE CITY OF PLEASANT VALLEY AND THE CITY OF FAIRMONT This Agreement is made on this dotiday of Nevmier 2024, between the City ofPleasant Valley and the City of Fairmont for the Pleasant Valley project; and WHEREAS, the City of Pleasant Valley is in possession of certain funds allocated to it by the Federal Government, specifically identified as State and Local Fiscal Recovery Funds (SLFRF) as authorized by the American Rescue Plan Act (ARPA); and WHEREAS, the City ofl Fairmont maintains the water system int the City of Pleasant Valley and has proposed a plan to make repairs to the infrastructure of said system; and WHEREAS, the final plan and specifications for the project are attached to this agreement as exhibits; and WHEREAS, the City of Pleasant Valley and its residents benefit from the objectives of the project; and WHEREAS, funding for this type of project is permitted by the provisions of $31 C.F.R. 35; THE PARTIES HEREBY AGREE. AS FOLLOWS: 1.R RESPONSIBILITIES OF THE CITY OF PLEASANT VALLEY A. The City of Pleasant Valley is responsible for ensuring that SLFRF funds are used in accordance with all program requirements. The City of] Pleasant Valley will provide such assistance and guidance to the City of] Fairmont as may be required to accomplish the objectives and conditions set forth in this agreement. 2.] RESPONSIBILITIES OF THE CITY OF FAIRMONT A. The City ofl Fairmont will complete in a satisfactory and proper manner the objectives ofthe project. B. The City of Fairmont will keep the City ofPleasant Valley informed ofi its progress and provide documentation as: requested by the City ofPleasant Valley within a reasonable period oftime. 3. TIME OF PERFORMANCE A. The effective date oft this agreement will be the date that the parties sign and complete execution of this agreement and will be in effect for the duration of the project. the parties. 4. PROJECTI DETAILS A. Project Name: Pleasant Valley Waterline Replacement Project - Contract 1 B. Period of] Performance start date: Design Complete, ready to bid 02/21/2025 C.J Period of Performance end date: Construction completed: 08/31/2025 D. Unique Entity Identifier (EUI): from US GSA:LUGMF9P6ASS E. Grantee Tax Identification No.: (TIN) 55-60000171 F.P Project Engineer: Civil and Environmental Consultants, Inc., 120 Genesis Boulevard. Bridgeport, WV: 26330, C. Ryan Hawes, E.I, Project Manager, 304-848-7107. 5. SCOPE OF WORK The project includes the design and construction ofa approximately 2, 100 linear feet of abandonment of existing 10-inch cast iron water line and replacement with 12" C-900 PVC water line. The scope of work includes reconnecting approximately 10 customers and two (2) main lines and reconnection oft two (2) existing fire hydrants. Additional tasks include driveway repairs, WVDOH trenching, road crossings utilizing various construction methods, and the acquisition of rights of way/easement. The project willi improve distribution ofv water to customers including several businesses, ad dialysis center, high school, hotels, among others, in the Pleasant Valley, Kingmont, Bentons Ferry and the surrounding territory. In addition, the project will provide improved fire protection and reduce lost water. The project area is depicted on the map attached. 6. SCHEDULEOF WORK Action Proposed Completion Date TBD Design Phase Complete Bids Let Bids Closed Contract Award 02/2025 02/2025 03/2025 03/2025 02/2025 04/2025 08/2025 04/2025 -8 8/2025 08/2025 09/2025 09/2025 10/2025 Field Engineering & Survey Complete Excavation Work Start Date Excavation Work Complete Date Pipeline Installation Dates Final Inspection Punch List Reinspection Final Certification Date 7. CONSIDERATION AND METHOD OF PAYMENT The City ofFairmont has submitted or will submit an estimate/opinion ofprobable costs associated with the project. The estimate will be incorporated and made a part oft this agreement. Upon the City of] Fairmont's information and belief, a materials list has been prepared or will be prepared and incorporated and made part ofthis agreement. Both the estimate ofj probable costs and the materials list were prepared in good faith by the project engineer from all information reasonably available. Inc consideration for the work and services to be performed and provided by the City of Fairmont, the City ofl Pleasant Valley will allocate and pay the City of] Fairmont a maximum amount of Four) Hundred Thousand Dollars ($400,000.00): ("the Funds"). Payment oft the full amount ofthel Funds shall be obligatory upon the City ofl Pleasant Valley. Toapply for disbursement of the appropriate portion oft the Funds, the City of Fairmont shall perform the following actions: A. Conduct meetings monthly, or as otherwise warranted, with the project engineer, any contractor, Pleasant Valley City Officials, and any appropriate personnel from the City of] Fairmont; B. Submit applications for payment on a 30-day cycle, or as otherwise agreed to in writing by the parties, using the following procedure: i. Each contractor or consultant performing work shall submit its application to the appropriate representative of the City ofl Fairmont, along with documentation supporting the application; ii. After completing the internal approval and signature process, the City shall submit to the City of Pleasant Valley an application for payment for the work performed by each contractor or consultant. iii. Upon receipt, revie and acceptance by the City ofPleasant Valley, Funds shall be disbursed as appropriate4 for reasonable costs to the City of Fairmont applicable to project related costs. 8. GENERAL CONDITIONS A. General Compliance The City of Fairmont agrees to comply with thei requirements of all applicable Federal, State and Local laws, regulations and policies, governing the funds provided under this agreement. B. Contractual Relationship Nothing contained in this agreement isi intended to or will be construed in any manner, as creating or establishing the relationship ofemployelemployee between the parties. The City of Fairmont will at all times remain an "independent contractor" with respect to the services tol be performed under this agreement. C.F Funding Source Recognition The City of] Fairmont will ensure recognition oft the: receipt of the funds from the City of Pleasant Valley. D. Amendments The City ofPleasant Valley or the City of] Fairmont may amend this agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization and approved by the governing body ofboth Cities. Such amendments will not invalidate this Agreement nor relieve and release the City of] Pleasant Valley or the City ofFairmont from its obligation under this agreement. E. Suspension or Termination The City of] Pleasant Valley may suspend or terminate this Agreement ifthe City of Fairmont materially fails to comply with any terms of this Agreement which include, but are not limited to the following: 1. Failure to comply with any oft the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders and other guidelines as may become applicable at any time; 2. Failure, for any reason, oft the City ofFairmont to fulfill in a timely and proper manner its obligations under this Agreement; 3.1 Ineffective or improper use of funds provided under this agreement; or 4. Submission by the City of Fairmont to the City ofPleasant Valley ofreports that are: incorrect or incomplete in any material respect. 9. ADMINISTRATIVEREQUREMENTS A. Financial Management .Accounting Standards - the City ofFairmont agrees to comply with the requirements set forth by federal law and the applicable provisions of version 8.0 ofthe Compliance and Reporting Guidance for the SLFRF and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Duplication ofCosts - The City ofl Fairmont certifies that work to be performed under this Agreement does not duplicate any work tol be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. The City ofl Fairmont will maintain all records required by the Federal Regulations specified in the compliance guide referenced above that are pertinent to the activities to be funded under this Agreement. Such records will include, but not be limited to: I.R Records providing a full description of each activity undertaken; II. Records demonstrating that each activity undertaken meets one ofthe objectives set forth by the rules and guidelines oft the SLFRF; II. Records required to demonstrate the eligibility ofactivities; IV. Records required to document the acquisition, improvement, useor disposition of real property acquired or improved with SLFRF assistance; V. Financial records as required by Federal, State and Local law; VI. All other records necessary to document compliance with all applicable rules and laws. 2. Access to Records and Retention LAIl such records pertinent to this agreement and work undertaken under this agreement will be retained by the City of Fairmont for aj period of_ 10 years after the project has been finalized. 3. Audits and Inspections IAll City of] Fairmont records with respect to any matters covered by this Agreement will be made available to the City of] Pleasant Valley and all duly authorized officials of the State and Local government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. II. Any deficiencies in audit reports must be cleared by the City of Fairmont within 30 days after receipt by the City of Fairmont. Failure oft the City of Fairmont to comply with the above audit requirements will constitute a violation of this agreement and may result in withholding of future payments, ifany. C.R Reporting 1.The City ofFairmont, at such times and in such forms as the City ofP Pleasant Valley may require, will furnish Pleasant Valley such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 10.PERSONNEL, AND PARICPANICONDITONS A. Civil Rights 1. Title VIofthe Civil Rights Actof1964 Under Title VI oft the Civil Rights Actof1964, no person will, on1 the grounds of race, color, creed, religion, sex or national origin, by excluded from participationi in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. B. Conduct 1.A Assignability The City ofl Fairmont will not assign or transfer any interest in this agreement without the prior written consent oft the City of Pleasant Valley thereto; provided, however, that claims for money due or to become due to the City ofl Fairmont from the City of Pleasant Valley under this agreement may be assigned to al bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the City of] Pleasant Valley. 2. Conflict ofI Interest No member oft the City ofPleasant Valley'sg governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out oft the project, will have any personal financial interest, direct or indirect, in this agreement; and the City ofl Fairmont will take appropriate steps to assure compliance. The City of] Fairmont agrees to abide by all applicable codes and provisions, which may include a written code or standards of conduct that will govern the performance ofits officers, employees or agents engaged ini the award and administration of contracts supported by Federal funds. The City ofFairmont covenants that its employees have no interest and will not acquire interest, direct ori indirect, in the subject area or any otheri interest which would conflict in any manner or degree with the performance ofs services hereunder. The City of Fairmont further covenants that ini the performance oft this Agreement, no person having such interest will be employed. .SEVERABLITY A. Ifany provision oft this agreement is held invalid, the remainder of the Agreement will not be affected thereby and all other parts oft this Agreement will nevertheless be in full force and effect. 12. PERFORMANCE WAIVER A. The City of Pleasant Valley's failure to act with respect to a breach by the City of Fairmont does not waive its right to act with respect to subsequent or similar breaches. The failure oft the City of] Pleasant Valley to exercise and enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT A. This agreement constitutes the entire agreement between the City of Pleasant Valley and the City of Fairmont for the use off funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City of Pleasant Valley and City of! Fairmont with respect to this agreement. IN WITNESS WHEREOF, the City of Pleasant Valley and the City of] Fairmont have executed this agreement. as oft the date and year last written below, CITY OF PLEASANTVALLEY By: fmaghadday Title: Mawoy Date:12/19/24 CITY OF FAIRMONT mfahs Title: U4llty Munager Date:_ 12-19-2024 MAP CITYOFF FAIRMONT PLEASANTY VALLEY WATERLINE UPGRADE 120Geness Boulevard MELEY Endgport wv: 26330 Civil& Environmental Fh 304.931.3119 Consuktants, Inc. CITYOFFAIRMONT PLEASANT VALLEY WATER LINE UPGRADE CECI PROJECT! NO.346-355 CITYOFI FAIRMONT PROJECTNO.FY7522 DACEMBERAMA-ARNSVE OPINION OF AOFABLECOASTRUCTION COST (PLEASANTVALLEY CONTRIBUTION: $400,000) Civil&E Environmental Consultants, Inc. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT TOTALPRICE PRICE $15,000 $3,000 $20,000 $4 $17,500 $85 $90 $I $7,500 $9:000 $3:000 $3,500 $3.000 $4,500 $8,000 $1,000 $500 SUBTOTAL TOTAL USE MobiliamtiaDemahliztion 2 Preconstruction Video Recording 3 Traffic Control 4 Restoration ofI Disturbed. Area 5 Erosion and Sedimentation Controls 6 WVDOH Type" "B"1 Trench Repair LS LS LS LF 2,200 LS LF LF A4180% LB 2.200 1,000 EA 2 EA EA EA EA IO EA EA EA EA $15,000 $3,000 $20,000 $8,800 $17,500 $15,300 $198,000 $1,000 $15,000 $9,000 $3,000 $3,500 $30,000 $22,500 $16,000 $2,000 $500 $380,100 $38,010 $418,110 $419,000 7 12" AWWA C900 DR 14 (Pressure Class 305 PSI) PVC Water Line 8 Fittings and Concrete Thrust Blocks Not Showni in Drawings 9 Tie-In New 12" Water Linet to Existing 6" Water Line Including One (I)6" 10 Tie-In New 12" Water Line tol Existing 8" Water Line Including One (1)8" Gate Valve Gate Valve 11 Cuta and Plug/Cap Existing 6" Water Line 12 Cut and Plug/Cap) Existing 8" Water Line 13 Existing Water Meter Setting) Reconnection 14 12" Gate Valve 15 Fire Hydrant Assembly 16 Fire Hydrant Removal Per Detail 17 Gate Valve Demolition Per Detail 10%0 CONSTRUCTION CONTINGENCY ITEM2 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS SYNOPSIS This proposed ordinance authorizes the sale of certain personal property of the City of Fairmont which has been determined to be unnecessary, inappropriate, not required for the use of, unprofitable to, and not in the best interest of the City. The property is identified with particularity on the list entitled City of Fairmont Inventory Declared Surplus Property Dated as of January 2025, attached to the ordinance. Subject to any stated reserve, the Finance Director, or her designee, is authorized by this ordinance to fix, or cause to be fixed, the time, terms, manner, and place of said public auction or to provide for sale by an internet- based auction with the stipulation that the sale of all of such property shall be "AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. Notice of the auction shall be published as a Class II Legal Advertisement in a newspaper in general circulation in the City of Fairmont as required by the provisions of West Virginia Code $8-12-18. This proposed ordinance requires that all City decals, insignia, and other evidence of City ownership shall be removed from each and every item of personal property prior to sale. This proposed ordinance reserves unto the City the right, without further notice, to remove any item from the sale, immediately halt the sale, or take any other action regarding the sale deemed in the best interest of the City. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS WHEREAS, the City of Fairmont is the owner of certain items of personal property identified on the attachment entitled City of Fairmont Inventory Declared Surplus Property Dated. as of January 2025, WHEREAS, it has been estimated that certain of said items have an WHEREAS, West Virginia Code $8-11-3(6) requires the adoption of an ordinance prior to the sale of personal property belonging to a municipality. WHEREAS, West Virginia Code $8-12-18(b) requires the sale of such property for fair and adequate consideration at public auction or by an individual value in excess of $1,000.00. internet-based auction. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING: The continued ownership of the items of personal property identified on the City of Fairmont Inventory Declared Surplus Property Dated as of. January 2025, attached hereto and made a part hereof as if fully set out verbatim herein, is no longer necessary, appropriate, required for the use of, profitable to, or in the best interest of the City and the same should be sold. SECTION 2. SALE AUTHORIZED: The Finance Director, or her designee, be and is hereby authorized to conduct, or otherwise cause to be conducted, a public auction or to provide for sale by an internet-based auction said personal property of the City of Fairmont. Subject to any stated reserve or starting bid, the Finance Director, or her designee, is hereby authorized to accept from the highest bidder a sum found to be fair and adequate consideration in their sole discretion. All City decals, insignia and other evidence of City ownership shall be removed from each and every item of personal property prior to sale. SECTION 3. TERMS OF SALE: The Finance Director, or her designee, shall fix, or cause to be fixed, the time, terms, manner, and place of said auction consistent with the provisions of West Virginia Code $8-12-18(b) however, the sale of any item of such property shall be "AS IS WITHOUT WARRANTY, EXPRESS OR IMPLIED". SECTION 4. RESERVATION OF RIGHTS: The City of Fairmont hereby reserves the right, without further notice, to remove any item of property identified above prior to sale, immediately halt any sale, or take any other action with regard to any item of said property or such sale in the entirety which it deems necessary in the best interest of the City of Fairmont. No reservation of rights hereunder by the City of Fairmont shall imply an obligation on the part of the City of Fairmont to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of the City of Fairmont's right to exercise same at a later date. SECTION 5. NOTICE: The Finance Director, or her designee, shall cause a Class II Legal Advertisement to be published advertising the place, time, and terms of such sale together with a brief description of the property to be sold in accordance with the provisions of West Virginia Code $8-12-18(b). This Ordinance shall be effective thirty (30) days after adoption. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK 3 a - 3513a ITEM3 RESOLUTION A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND SYNOPSIS This resolution provides for a General Fund budget revision for the 2024-2025 annual budget. This revision will be the third revision for this current fiscal year. RESOLUTION Al RESOLUTIONF PROVIDING FOR AN AMENDMIENTTOTHE CITY OF FAIRMONTS20242925 ANNUAL BUDGET: GENERALFUND WHEREAS, City Charter for the City of Fairmont at Section 5.09 Subsection SUPPLEMENTAL APPROPRIATIONS: provides that the Council by Resolution may make (a) supplemental appropriations for the year up tot the amount ofsuch excess and ()TRANSFEROF APPROPRIATIONS: provides that Council may by Resolution transfer part or all of unencumbered balance from one department to another; and any 2024-2025 WHEREAS, It is deemed necessary and appropriate to amend the Annual Budget. City's NOW,THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINSTHAT: SECTION 1. That subject to approval of the State Auditor as ex officio chiefinspector, the City of Fairmont does hereby direct that the budget be revised prior to the expenditure or obligation of funds for which no appropriation or insufficient appropriation currently exists. SECTION: 2. AMENDMENT: The proposed amendment, being Amendment Number Three to the City's 2024-2025 Annual Budget: General Fund, as hereafter set forth, shall be, and the same bel hereby amended. SECTION 3. PROPOSED BUDGET AMENDMENT: The heretofore attachment outlining the proposed amendments to the 2024-2025: Budget be and the same arel hereby approved and authorized. In accordance with the Charter of the City of Fairmont, Section 5.09 (a) and Section 5.09 (d), this Resolution shall become effective immediately upon adoption. Passed this the 28th day of January,2025. MAYOR ATTEST: CITY CLERK 6 6 6 8 $ $ 6 AA e 00, $ 6 8 6 6A 6 6 6 $A 6 6 6 e eeealealeac el ITEM 14 Board and Commission Application Submitted On: Jan 10, 2025, 03:49PM EST City of Fairmont Çity,pf 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: Madison Last Name: Urse 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? Yes Education: Degree/Major: Training: Certifications or Vocational Other relevant skills: Volunteer experience and community involvement (please Ifa appointed, could you meet: Please select up to three (3) of the following City Boards, give dates); Commissions, or Committees forFairmont Parking Authority which you would like to be considered forappointment: How did you hear about this board or commission? (Ex. Word of mouth, social media, from a current board or commission Have you served on any boards, commissions, or committees in the past? If so, please list: Signature Data member, etc.) First Name Last Name: Email Address: Madisor EUpse Signed at: January 10, 2025 3:47pm America/New.York ITEM5 Board and Commission Application Submitted On: Jan 20, 2025, 02:44PM EST City of Fairmont City,pf 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: gia Last Name: deasy Street Address: City: FAIRMONT State: W Zip: 26554-2535 Phone Number Email ccupation: 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 give dates): Afternoon Evening Please select up to three (3)of the following City Boards, Commissions, or Committees for which you would like to be considered for appointment: How did you hear about this board or commission? (Ex. Word of mouth, social media, from a current board or commission Have you served on any boards, commissions, or committees in the past? If so, please list: Signature Data member, etc.) First Name: gia Last Name: deasy Email Address: Signed at: January 20, 2025 2:44pm America/New.York