FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 11, 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. Prayer/Meditation - Rev. Tony Jones Morningstar Baptist Church B. Pledge Of Allegiance - Councilmember Moran C. Statement on Black History Month IV. APPROVAL OF MINUTES Regular Meeting - January 28, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT 1. MRDC Update VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Providing For The Public Auction of Surplus Personal Property Of The City of Fairmont; Reservation of Rights. B. NEW BUSINESS 2. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Chapter Nine - Judicial, Article 189 Municipal Court OfThe Fairmont City Code To Implement And Provide For The Assessment Of Actual Costs To Reimburse The City Of Fairmont For Certified Mail Service Relating To The Enforcement Of The Provisions Of The Codified Ordinances Of The City Of 3. Adoption, A Resolution Of The Council Of The City Of Fairmont Approving The Goals, Objectives And Priorities Dated February Fairmont. 2025. IX. ADJOURNMENT MINUTES 1/28/25 January 28, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 28th 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 Grant Administrator Utility Manager IN RE: Joshua D. Rice Anne E. Bolyard Rebecca Moran Anthony T. Horton (arrived late) 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 Rene Graves John Carson communications Manager David Kirk EXCUSE COUNCILMEMBER HORTON Mayor Bolyard made a motion to excuse Councilmember Horton from this The Mayor declared Councimember Horton excused from this meeting by meeting. The motion was seconded by Councilmember Sole. voice vote of Council. IN RE: OPENING CEREMONIES A moment of prayer and meditation was held followed by the Pledge of Allegiance to the Flag led by Councllmember Rice. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Organizational Meeting held on January 14, 2025 and the Regular Meeting held on January 14, 2025. She asked if there were any Councimember Warner moved to approve the January 14, 2025 Organizational Meeting minutes as submitted. The motion was seconded by Councimember Sole moved to approve the January 14, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councilmember Warner. The Mayor declared the minutes approved as submitted by voice vote of corrections, deletions, or amendments. Councilmember McDaniel. Council. PUBLIC HEARINGS IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF 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; Pursuant to a notice duly published in the Times-West Virginian on January 17, 2025, a public hearing was convened to obtain citizen input on 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 The Mayor asked if anyone present desired to speak to the proposed RATIFICATION agreement on behalf of the City of Fairmont. ordinance. 2 JOHN CARSON, Utility Manager, spoke in favor of the proposed ordinance. Mr. Carson said that the City of Pleasant Valley approached the Utility Department about wanting to partner with the City of Fairmont on a project in their area. He said that they chose the 10-inch water line that runs along Pleasant Valley Road. He explained that this area has been plagued with a lot of leaks and a lot of issues over the time. This line affects the residents in the area, some businesses, East Fairmont High School, and the Dialysis Center. He said they took this opportunity to take advantage of this project since they had the funding to help fund a portion of the replacement. He said that we jumped at the opportunity and worked with Pleasant Valley. He noted that he wants to give them a lot of credit for reaching out to us and working with us to partner with this project. He added this is a good example of working with the community in these types of projects and this is a great step in moving forward and being able to work with them. He thanked Council for their support on There being no one else to speak, the public hearing was called to a close at this project. 7:06 p.m. ANNOUNCEMENTS IN RE: MARION COUNTY FOOD PANTRY Councilmember Moran reported that the Marion County Food Pantry will be held on Wednesday, January 29th, from 8:30 a.m. to 11:30 a.m. She noted that it will be located by the Union Mission. IN RE: WV LISTENING PROJECTS Councimember Moran announced that the WV Listening Projects Stories for Change is having a Marion County listening session on February 4th at 6:00 p.m. at the CVB. The goal is to address poverty, incarceration, and overdoes deaths. IN RE: ARTS AND HUMANITIES NOMINATIONS ACCEPTED councimember Moran reported that the deadline for the Arts and Humanities 2025 Awards is January 31st. She said if anyone knows an artist from the community or someone who has been influential in the community, please nominate them. IN RE: REQUEST TO DONATE TO LOS ANGELES HUMANE SOCIETY 3 Councimember Weber stated that he has friends and former students who live in Los Angeles and some were affected by the recent fires in Southern California. He said that he would like for the City of Fairmont to donate money to the Los Angeles County Humane Society because a lot of animals, dogs, cats, horses, and some pigs were injured trying to leave the fire areas. He noted that this would be a nice gesture to donate to the Humane Society of Los Angeles County and the amount of money would be decided by the Mayor and the City Manager. IN RE: TYGART VALLEY UNITED WAY INCOME TAX PREPARATION Councilmember Sole reported that the Tygart Valley United Way is offering free income tax preparation, every day, Monday through Friday from 9:00 a.m. to 4:00 p.m. and this Saturday from 9:00 a.m. to 3:00 p.m. She noted that there are some income guidelines and some simple forms to fill out and not have a very complicated tax return. She mentioned that it was free under the income guidelines and is a great service for individuals. IN RE: CITY MANAGER COMMENDED Counclmember Nuzum thanked the City Manager for his hard work on aggressively going after and working for our City with the goals that he came up with in the Strategic Planning work session. She said that it is going to make Fairmont greater by the things that he would like to implement. IN RE: GRANT ADMINISTRATOR COMMENDED Councimember Nuzum also thanked Rene Graves, Grant Administrator, for the hard work that she is doing for the grants that we have needed. IN RE: ROBERT EDDY, TRAFFIC SUPERVISOR, RETIRES Mayor Bolyard extended congratulations to Robert Eddy who is retiring from the Traffic Department as the Traffic Supervisor. She wished him all the best. IN RE: PASSING OF FORMER DELEGATE MICHAEL ANGELUCCI The Mayor stated that yesterday Michael Angelucci was laid to rest. He meant SO much to each and every member of the community and he truly embodied what we all strive to be as a public servant. CITIZENS PETITIONS There were no petitions for this meeting. 4 CITY MANAGER'S REPORT IN RE: STRATEGIC PLANNING PLAN Mr. Blosser extended his appreciation to City Council regarding the number of items included in his Strategic Plan because they are things that he has heard from Council and it will take all of us, not just the team and staff members at the City and the community, to implement those actions underneath those objectives. IN RE: STREET LIGHTS The City Manager reported that the first section of lights on the Gateway Connector are out. There is a significant electrical coil issue. We have ordered that coil and the Traffic Department will work aggressively to get that repaired. IN RE: WINTER WEATHER POTHOLES Mr. Blosser stated that the winter weather has given us a little bit of a reprieve but that is now leading to the potholes, more SO on the state routes within the City. He said that he had a conversation with Public Works and we intend to coordinate with DOH about our Public Works Department assisting with the patching of the potholes. He said that all state routes inside the city limits, our Public Works team will be working to try to catch up with those. IN RE: CHRISTMAS DECORATIONS The City Manager said that our crews will now focus on getting our Christmas décor taken down. That work will begin to happen this week and throughout the following week. IN RE: REPUBLIC SERVICES Mr. Blosser gave Council an update on Republic Services. He said that with us pushing on them about their communication issues, they are being a little bit more communicative with us about issues that occur. IN RE: PRESS RELEASE ISSUED ON PROPERTY DISPOSITION The City Manager reported that the City issued a press release regarding the Property Disposition process. He said those lots that we own across the City that have been secured through demolition, that map is now live on our website and folks can see the maps were the lots are located. He added that 5 the application is also available there for folks to do the application process that City Council implemented through a resolution. IN RE: BUDGET WORK SESSION The Manager announced that budget notebooks will be delivered to Council later this week along with his memo outlining the General Fund, Coal Severance Fund, and Capital Budgets. He then reminded Council of the budget work sessions scheduled for next week, February 5th at 4:00 p.m. for the General Fund, Coal Severance, and Capital and then on February 6th at 4:00 p.m., a work session will be held on Water, Sewer, and Stormwater. He said that both work sessions will be held in City Council Chambers. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT - CONTRACT1 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 The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption 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 on behalf of the City of Fairmont. Motion: Councimember McDaniel moved for the adoption of the proposed ordinance. Councimember Sole seconded the motion. Roll call was taken by the Clerk. 6 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2061 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance providing for the public auction of surplus personal property of the City of Fairmont. Motion: Councimember Sole moved for the introduction of the proposed ordinance. Councilmember Weber seconded the motion. The Mayor declared the public hearing set for February 11, 2025. IN RE: ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND Mayor Bolyard entertained a motion for the adoption of a resolution providing Councimember Rice moved for the adoption of the proposed resolution. for an amendment to the General Fund Budget. Councilmember 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. IN RE: ONE APPOINTMENT, FAIRMONT PARKING AUTHORITY, THREE- YEAR UNEXPIRED TERM ENDING SEPTEMBER 30, 2025 Mayor Bolyard entertained a motion for one appointment to the Fairmont Parking Authority for a three-year unexpired term ending September 30, 2025. Motion: 7 Councilmember Nuzum moved to appoint Madison Urse to the Fairmont Parking Authority for a three-year unexpired term ending September 30, The Mayor declared Madison Urse appointed to the Fairmont Parking Authority for a three-year unexpired term ending September 30, 2025 by unanimous 2025. The motion was seconded by Councilmember Sole. vote of Council. IN RE: ONE ALTERNATE APPOINTMENT, BOARD OF ZONING APPEALS, THREE-YEAR UNEXPIRED TERM ENDING JUNE 25, 2025 Mayor Bolyard entertained a motion for one alternate appointment to the Board of Zoning Appeals for a three-year unexpired term ending June 25, 2025. Motion: Councimember McDaniel moved to appoint Gia Deasy as an alternate to the Board of Zoning Appeals for a three-year unexpired term ending June 25, The Mayor declared Gia Deasy appointed as an alternate to the Board of Zoning Appeals for a three-year unexpired term ending June 25, 2025 by 2025. The motion was seconded by Councilmember Sole. unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion to adjourn to Executive Session to discuss pending litigation in Sears V. City of Fairmont. Motion: Councilmember Warner moved to adjourn to Executive Session. The motion The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:23 p.m. She noted that no business will be conducted after was seconded by Councimember Nuzum. reconvening the meeting. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 8:04 p.m. 8 ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember McDaniel moved to adjourn the meeting. The motion was The Mayor declared the meeting adjourned by voice vote of Council at 8:04 seconded by Councilmember Nuzum. p.m. 9 PUBLIC HEARINGS PUBLIC HEARING FEBRUARY 11, 2025 1. An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. ITEM I 1 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS SYNOPSIS This proposed ordinance authorizes the sale of certain personal property of the City of Fairmont which has been determined to be unnecessary, nappropriate, not required for the use of, unprofitable to, and not in the best interest of the City. The property is identified with particularity on the list entitled 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 - - 1 a a ITEM2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING CHAPTER NINE - JUDICIAL, ARTICLE 189 MUNICIPAL COURT OF THE FAIRMONT CITY CODE TO IMPLEMENT AND PROVIDE FOR THE ASSESSMENT OF ACTUAL COSTS TO REIMBURSE THE CITY OF FAIRMONT FOR CERTIFIED MAIL SERVICE RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRMONT SYNOPSIS By this proposed ordinance, the Council of the City of Fairmont provides for the assessment of a court cost of $17.56 or the actual cost of service of process by United States certified mail return receipt requested restricted delivery, whichever is greater, upon persons who are found guilty, plead guilty or plead no contest to a violation of any ordinance of the City of Fairmont. No law-abiding citizen will pay the fee. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING CHAPTER NINE - JUDICIAL, ARTICLE 189 MUNICIPAL COURT OF THE FAIRMONT CITY CODE TO IMPLEMENT AND PROVIDE FOR THE ASSESSMENT OF ACTUAL COSTS TO REIMBURSE THE CITY OF FAIRMONT FOR CERTIFIED MAIL SERVICE RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THE CODIFIED ORDINANCES OF THE CITY OF FAIRMONT NOW THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: (Matter to be deleted bracketed; New matter douDle-underined) CHAPTER NINE - JUDICIAL ARTICLE 189 MUNCIPAL COURT SECTION 189.08 CERTIFIED MAIL COURT COST In addition to paying any other cost which may be assessed and imposed, there is hereby imposed upon every person who is found guilty of orpleads guilty or nolo contendere to a violation of any ordinance of the City of Fairmont, a mandatory court cost of $17.56 or the actualcost of service of process by United States certified mail return receipt requested restricted delivery, whichever is greater. This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2025. MAYOR ATTEST: CITY CLERK ITEM3 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE GOALS, OBJECTIVES AND PRIORITIES DATED FEBRUARY 2025 SYNOPSIS By this proposed resolution, the Council for the City of Fairmont approves the goals, objectives and priorities formulated by Council and staff, at a work session held on January 28, 2025, that will guide Team Fairmont's vision, mission, and values over the next five (5) years. The goals, objectives and priorities are set out in the document entitled "City of Fairmont, 2025-2030 Strategic Plan dated February 2025, a copy of which is attached to and made a part of the resolution. Nothing contained herein shall be construed to modify, alter, or amend the City of Fairmont's duly adopted Comprehensive Plan, or any duly enacted ordinance or provision of any code of the City of Fairmont RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING THE GOALS, OBJECTIVES AND PRIORITIES DATED FEBRUARY 2025 WHEREAS, the Council for the City of Fairmont and staff met in work session on January 28, 2025, in an effort to develop goals, objectives and priorities for the City of Fairmont that will guide Team Fairmont's vision, mission and values over the next five (5) years. WHEREAS, the goals, objectives and priorities formulated by Council and staff are set out in the document attached hereto entitled "City of Fairmont, 2025-2030 Strategic Plan dated February 2025. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF The Council of the City of Fairmont does hereby approve the goals, objectives and priorities formulated by Council and staff and set out in the document entitled "City of Fairmont, 2025-2030 Strategic Plan dated February 2025, a copy of which is attached hereto and made a part hereof as if fully set FAIRMONT THAT: out verbatim herein. Nothing contained herein shall be construed to modify, alter, or amend the City of Fairmont's duly adopted Comprehensive Plan, or any duly enacted ordinance or provision of any code of the City of Fairmont. This RESOLUTION passed this the 11th day of February, 2025. MAYOR ATTEST: CITY CLERK - - 6 - E 6