FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 25, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGE NDA I. CALL TO ORDER - Mayor Bolyard II. ROLL CALL OF MEMBERS = Janet L. Keller, City Clerk III. OPENING CEREMONIES A. Prayer/Meditation = Dr. John Polis B. Pledge Of Allegiance = Councilmember Horton C. Recognize FSU Men's and Women's Basketball Teams IV. APPROVAL OF MINUTES Regular Meeting March 11, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 131 Police Department Of Chapter Five Officers And Departments Of Part One Administrative Code Of The Fairmont City Code, And More Particularly Section 131.01 Organization, Personne! And Purposes Thereof, To Provide For The Creation Of The Position Of Deputy Police Chief. 2. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2050 Duly Adopted August 27, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, Among Others, To Provide For The Following: 1. Increasing The Base Pay For All Class Pay Grades And Class Pay Titles By 4% With Limited Exceptions; 2. Creating Certain New Positions, Eliminating Certain Obsolete Positions, And Making Certain Stylistic Changes; And 3. Providing For Certain Increases To Additional Compensation Provided By The Fraternal Order Of Police Pay Plan. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS VII. CITY MANAGER'S REPORT - Travis L. Blosser, City Manager VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 131 Police Department Of Chapter Five Officers And Departments Of Part One Administrative Code Of The Fairmont City Code, And More Particularly Section 131.01 Organization, Personnel And Purposes Thereof, To Provide For The Creation Of The POSition Of Deputy Police Chief. 2. Adoption, An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2050 Duly Adopted August 27, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, Among Others, To Provide For The Following: 1. Increasing The Base Pay For All Class Pay Grades And Class Pay Titles By 4% With Limited Exceptions; 2. Creating Certain New Positions, Eliminating Certain Obsolete Positions, And Making Certain Stylistic Changes; And 3. Providing For Certain Increases To Additional Compensation Provided By The Fraternal Order Of Police Pay Plan. B. NEW BUSINESS 3. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Purchase Of A Certain Parcel Of Real Estate Situate In The City Of Fairmont, Union District, Marion County, West Virginia, To-Wit: 0.067 AC Merchant St (Wm Gray Pur) (PLAT 1122-80) Map 7 Parcel 0008 J - U U 0000 From Stanley M. Sears; Approving The Form Of The Transactional Documents; And Authorizing The City Manager To Execute And Deliver Them On Behalf Of The City Of Fairmont. 4. Adoption, A Resolution Of The Council For The City Of Fairmont Re-Establishing An Ad Hoc Committee For Purposes Of Reviewing Grant Applications And Recommending Funding Decisions Relating To The City Of Fairmont's Opioid Settlement Funds. IX. ADJOURNMENT MINUTES 3/11/25 March 11, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 11th day of March, 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 Joshua D. Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Anthony T. Horton Fifth District Charles "Chuck" Warner Sixth District Daniel "Dan" Weber Seventh District Julia "Julie" Sole Eighth District Bruce McDaniel Ninth District Kandice "Kandi" Nuzum Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Communications Manager David A. Kirk Finance Director Priscilla A. Hamilton IN RE: OPENING CEREMONIES Sean Moore of South Ridge Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Horton. IN RE: PROCLAMATION PRESENTED Mayor Bolyard presented a proclamation to Retired Sgt. David Tucker in honor of the 106th Birthday of American Legion Post 17. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on February 25, 2025. She asked if 1 - there were any corrections, deletions, or amendments. Councilmember Weber moved to approve the February 25, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councimember Nuzum. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: FISCAL YEAR 2025-2026 GENERAL FUND BUDGET Pursuant to a notice duly published in the Times West Virginian on February 28, 2025 and March 7, 2025, a public hearing was convened to obtain citizen input on the 2025-2026 City Budget. The Mayor asked if there was anyone present to speak in favor of the proposed budget. PRISCILLA HAMILTON, Director of Finance, spoke in favor of the budget. She thanked City Council, the City Manager, and Department Heads for all of the collaboration and hard work that they put into bringing this budget to fruition. As stated in the City Manager's budget message, the property tax evaluations were received from the County on March 5th. The Ad Valorum revenue and the Contingency expense lines were adjusted to account for the increase of $62,376.00. She noted that number was calculated in higher than what we estimated our budget would be. This puts the fiscal year 2025-2026 budget at $22,661,340.00. The budget is due to the State by March 28th and Council's approval tonight will let her meet that deadline. Mayor Bolyard asked if there was anyone present to speak against the budget. No one spoke against the budget. Discussion: Councilmember Moran said thank you to all of staff for preparing the budget. Councimember Weber said that he went over the budget again this past weekend and he is concerned with the amount of money the City pays to Republic Services and the amount they charge for recycling. He said that he has a problem with the recycling. He explained that when it is time on the date for the recycling (he held up a calendar from Republic Services) of when 2 they are supposed to be picking up the recycling. He said the last of February and first of March they missed again, twice, and he is concerned about how much we pay them for recycling and if they actually do recycle. The Mayor said that she understood his concerns, however, the City Manager has addressed them in his previous reports. Mr. Blosser said that the City is looking at putting out a new bid for services while that line pays for Republic Services that is essentially, if there would be another company selected that would be within the same line for them and specifically the concerns over recycling that is something that needs to be looked at when that new RFP is put out because of the fact, based on the statistics, that he has seen provided to him by Republic Services is that we are seeing that out of entire residents population about a 20% utilization of that. Councimember Weber asked if it is possible to bring a representative from Republic Services to a Council meeting SO we can ask about these things. Mr. Blosser said that he can inquire with Republic Services of their schedule and whether or not a representative can attend a Council meeting. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. IN RE: AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Pursuant to a notice duly published in the Times-West Virginian on February 28, 2025, a public hearing was convened to obtain citizen input on an ordinance to approve and adopt current replacement pages to the Fairmont City Code. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:13 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO DEFINE, REDEFINE, RELOCATE AND/OR COMBINE CERTAIN 3 DEFINITIONS, NAMELY ACCESSORY DWELLING UNIT, BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES, DWELLING TYPE, FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT, GROUP RESIDENTIAL HOME, HOUSEKEEPING UNIT, TOWNHOUSES, CONSUMER FIREWORKS, CONSUMER FIREWORKS RETAIL SALES ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT CONSUMER FIREWORKS. Pursuant to a notice duly published in the Times-West Virginian on February 28, 2025, a public hearing was convened to obtain citizen input on an ordinance amending Article 2.0 Definitions of the Planning and Zoning Code to define or redefine certain definitions. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager said that this is one of a set that was forwarded to us by the Planning Commission based on the work that they had done and that we also discussed on February 11th at the work session. He said that he encouraged its passage. George Boyle, with Compassion Central Recovery House, stated that he understood recovery houses, Compassion Central is a recovery house for drug and alcohol renabilitation, and that they would fall under the category of boarding house. Currently there is no space in the Code for recovery housing and he thought this was some of the fuel behind these changes. He went on to say that State Code, if you look at the definition of hotel, it says that a hotel is a boarding house. He said that recovery houses have nothing to do with boarding house and he was not concerned with the Code but he is concerned with the lack of language for recovery houses, recovery residence in the Code because it is left undefined and they will fall under the category, as per Shae Strait, of boarding houses, which they are not. He added that they are transient, our clients will be for a year to two years, they do not pay rent, they do pay a program fee, they share space. He did not know how to advise Council concerning this Code but this Code leaves them dangling out there as something that they are not. He said again that they do not qualify as a boarding house. There being no one else to speak, the public hearing was called to a close at 7:17 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO 4 AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, AS SET FORTH BELOW: 1. TO REFLECT CLARIFIED LANGUAGE REGARDING DETACHED DWELLING, ATTACHED DWELLING (SINGLE-FAMILY DUPLEX), ATTACHED TOWNHOUSE DWELLING, BOARDING HOUSES, LODGING HOUSES, AND CONGREGATE FACILITIES; 2. TO REFLECT CERTAIN STYLISTIC CHANGES FROM CHILD CARE HOME, CHILD CARE FACILITY, AND CHILD CARE CENTER TO DAY CARE HOME, DAY CARE FACILITY, AND DAY CARE CENTER; AND 3. TO ADD CONSUMER FIREWORKS RETAIL SALE ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT, CONSUMER FIRE WORKS. Pursuant to a notice duly published in the Times-West Virginian on February 28, 2025, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to supplement the Use Chart. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager said that this is one of a set that you will see before you that was forwarded to us by the Planning Commission based on the work that they had done and that we also discussed on February 11th at the work session. He said that he encouraged its passage. He mentioned that back on August 13, 2024, Council adopted several changes related to child care centers based upon our forthcoming projects and a change did not get made into that was changing basically three different words within the section SO this is a stylistic change to correct that and to incorporate the overall changes that Council made on August 13, 2024. Councilmember Horton said that he is not in agreement with changing child care facility definition. He said if it is not broken, you should not fix it. He said that his daughter runs a day care center and that is the name of the service that she provides, a day care center, and he did not think the name should be changed. Mayor Bolyard said that is what we are changing it to, from a child care to day care and it will not affect anybody's business title and the way they can conduct their business. This will not affect the title. 5 There being no one else to speak, the public hearing was called to a close at 7:20 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.4 NEIGHBORHOOD RESIDENTIAL (NR) OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR SUPPLEMENTAL REGULATIONS WITH REGARD TO PEDESTRIAN PATHWAYS AND TOWNHOUSE PARKING IN SAID DISTRICT. Pursuant to a notice duly published in the Times-West Virginian on February 28, 2025, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.4 Neighborhood Residential of the Planning and Zoning Code to provide for supplemental regulations with regard to pedestrian pathways and townhouse parking. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Blosser said again that the Planning Commission forwarded these changes and ultimately Council had a work session on February 11th regarding those. He said, on behalf of staff, he encouraged its passage. He added that there are several different developments and these changes would help with facilitating those. Councilmember Moran said that, on behalf of the Planning Commission, she said that during the meeting this was discussed at length and they got to a really good point that is going to meet the needs of the existing community and (inaudible, could not be heard). There being no one else to speak, the public hearing was called to a close at 7:22 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING AND MORE PARTICULARLY SECTION 4.18 FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT AND 4.35 TEMPORARY USES TO ESTABLISH AND/OR MODIFY THE USE STANDARDS RELATING THERETO. Pursuant to a notice duly published in the Times-West Virginian on February 28, 2025, a public hearing was convened to obtain citizen input on an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code and more particularly Section 4.18 Family Functional and Factual Equivalent and Section 4.35 Temporary Uses to establish and/or modify the 6 Use Standards relating thereto. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager said the Planning Commission forwarded this these items to Council based on their work and Council had a work session on February 11th and he is speaking to encourage the passage. George Boyle, Compassion Central, spoke against the proposed ordinance. He said that the Fair Housing Act protects people with handicaps. The term handicap is defined broadly and includes those individuals with physical or mental impairments which substantially limit one or more of their major life activities. Persons who are recovering from substance abuse are also considered to have a disability under the FHA. The FHA prohibits a broad range of discriminatory activities, for example, under the Act, it is unlawful to refuse to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling. The legislative history of the FHA makes plain that Congress sought to prohibit the application of state and local zoning and land use laws when they limit access to housing for people with disabilities. While the Act prohibits intentional discrimination, it also prohibits zoning laws which, although neutral on their race, have a discriminatory effect on persons with disabilities and requires municipal officials to reasonably accommodate the needs of these individuals. One type of zoning law that often has been held to be discriminatory on people with disabilities is a definition of the term "family" that allows any number of related persons to live together but limits the number of unrelated persons who may live together. Although such laws apply to groups of unrelated, non-disabled persons, such as college students, nuns, etc., such laws may be deemed to have a discriminatory impact on persons with disabilities because usually such individuals need to live in group settings for both programmatic and financial reasons. Mr. Boyle went on to say that cities need to provide reasonable accommodations to such individuals. Failure for zoning officials to allow for reasonable accommodations in policies allow persons with disabilities to live in communities will violate FHA regulations whether the official act of has official intent or not. The failure to provide reasonable accommodations is an independent form of discrimination under FHA. The reasonable accommodation requirement of the Act mandates the officials change, waive, or make exceptions in zoning rules to afford people with disabilities the same opportunity of housing to those without disabilities. Until 1995, many municipalities defended FHA challenges to the limited number of unrelated persons who may live together by arguing that such restrictions were exempt from the FHA because they constituted maximum occupancy limitations. In 7 1995, the Supreme Court settled the dispute and definitively ruled that such zoning ordinances were not exempt from the FHA's search and reach. Therefore, individuals in a recovery house are living as a functional family in a single-family dwelling. They are not a group home, a boarding house, or any other type of commercial property. They are a family according to the FHA and the ADA and need accommodations accordingly. Mr. Boyle went on to say that there is a bad taste in the City of Fairmont from the former Oxford House that did not go well here. He appreciated that bad taste but they are being defined as something they are not and there is danger of discrimination even though it is not the City's intent. He said that he would like to have further conversation and would like for Council to afford that accommodation and he knows that comes after today. The City needs to re- examine what it means to open a recovery house and change the drug cultural that is in Fairmont and seek change in dealing a life instead of death, sadness, and despair. He stated that they are not here to be adversarial, they want to see Fairmont change for the better. They want to follow the FHA and ADA guidelines. Councilmember Horton asked if he was saying that the service they provide is covered under the American Disabilities Act. Mr. Boyle replied yes, correct. He said that substance abuse disorder is a covered disability. Councilmember Weber asked Mr. Boyle if he would consider non-English speakers under the Disability Act. Mr. Boyle said that he cannot speak to that, he does not have enough expertise in that area. Jerry Dooley, assistant professor of counseling at Marshall University, spoke against the proposed ordinance. He said that he lost an older brother to alcohol addiction. He said that substance abuse disorder, disability, functional family, reasonable accommodations and single-family. He asked Council not to adopt this ordinance and lead rather than follow. He said according to the American Society of Addiction Medicine, this is a treatable addiction, addiction is treatable and zoning is the foundation not code and we work with zoning and move forward when it comes to recovery houses. When we look at recovery itself through the substance or recover authority, we see the functional family though support peers, through relationships, and through culturally based influenced relationships that happen in the house. That is the definition of a functional family. It involves individual family and community strengths and responsibility, functional family. That is why it is covered under 8 the Americans Disabilities Act. Itis a disability and they can assemble to work on recovery as a family and are not limited to four persons or less. He said that they are asking for a reasonable accommodation because they are not a boarding house. A reasonable accommodation is an exception and an adjustment to rule, policy, or practice. He said that they do not care what Buffalo, NY or Morgantown, WV or other municipalities do. What he cares is that West Virginia, sadly, has led in the toll taken by substance use disorder across the nation per capita. He closed by saying do something and not follow Buffalo, NY or Morgantown, WV and to stand up for what is right and accept reasonable accommodations. He asked Council to put rubber where it meets the road and do something. Jim Davis, 1128 South Park Drive, stated that he works in the school system in the Alternative Learning Center. He works with at-risk students in the specialty of students with special needs. In that capacity, he gets to deal with families. They have a need to belong and one of the reasons people go into addictions is because they do not feel they belong. The addiction takes over and you do things that you would never do and usually this happens in the teenage years while they are developing. They never have the opportunity to pursue things, like how do you get a drivers license, how do you deal with anything along those lines, where is your I.D., where is your birth certificate but yet all of those things are needed in order to function in the world. The best solution according to the Marguette Benefits and social welfare review is simply it is best to have an environment single-family dwelling with 8 to 12 residents in that dwelling. He noted that this has shown the best results and the best outcome to correct the addiction. They are looking for a single-family dwelling unit and we adhere to two years to assist them and as the people come, they will help each other. He then asked Council to not limit the most effective means for recovery by allowing only four people. Kathy Boyle, stated that she cares deeply for people. She said that they are asking the recovery housing be allowed to remain or be identified as a single- family dwelling, a house and not be zoned as a boarding house or anything else, just single-family dwelling without the limit of four unrelated people. They have a house located at 114 Walnut Avenue that is being renovated and ready to open. It is zoned for four unrelated people as a single-family dwelling. If they would put in a pastor and his four, five, six children, they would be allowed to live there, that is a family, however, they are not allowed to put a functional family above four in that space. The best outcomes are to put between eight and twelve people in a house. She said for that location, they are asking to put eight in there and maybe one more with a house manager. They plan to be WV Recovery Alliance certified and they plan to abide and do this well. She went on to say that when you put eight men in a house, they are in various states of recovery. If you just put four, maybe they 9 are all at the beginning and maybe they are not as helpful to each other. That number allows people to be at various stages in their recovery and this allows them to do the support together. They are asking that Council figure out how to do this whether it is changing the zoning laws, whether it allows us the accommodation, whatever, they are here to try to make Fairmont a better place and be part of the solution and not to be part of the problem. They are asking Council to see no difference in a regular family and in this family and remove the limit. David Eats, a resident of Fairmont, stated that he is a recovering alcoholic, a couple times. He said that he is familiar with zoning and understands on paper that is what we are talking about tonight. He said that he knows our history and struggles with addiction and what this organization is talking about is an opportunity for hope, healing, and help. He asked Council to give all of Fairmont an opportunity to thrive. He asked Council to consider this and remember the family members and friends that they may know. Councilmember Sole stated that Council spent a lot of time at the work session reviewing the changes as well as the Planning Commission. She said that she walked away after reading this that we did a pretty good job of redefining things in a way that will still allow recovery housing. There is still opportunity there for recovery housing if it were to be under the lodging or under the congregate living facility. She said that we are not determining that we do not want sober living housing in the City of Fairmont, rather, that it might fit with our zoning and fire codes better in other categories than what it is. She understood their need and desire to be under single-family dwelling unit, but she truly believes there is room in what Planning has come up with, with the definitions, that there is still an avenue for them to accomplish the sober living but within the definitions that we have. She asked the group in attendance if they were a licensed behavioral health provider, could you then classify under the group residential facility. She then asked them if they feel like there is no opportunity for them to provide sober living under the lodging or the congregate living guidelines that are set forth. George Boyle, responded by saying there are opportunities but they are more restrictive and prohibitive and do not define who they are and what they are doing. In State Code, if you look up the definition of recovery houses it begins with words a single-family dwelling. He said again, it is a single-family dwelling and the State Code says it is a single-family dwelling; however, Shae Strait says that is not what they meant when they wrote that, but that is what is written. He said that changes a lot of things for them in the cost of the building. When he was working on the fire suppression plan, which Scott Jolliff told him that he would need, and when he got to the end, his architect got a meeting with the State Fire Marshall that said he had no jurisdiction here 10 because recovery houses are single-family dwellings. He said after this, he thought they were done. They then said that you can be a single-family dwelling but you cannot have more than four unrelated people in the house. He went on to say that has been their journey and he is not trying to avoid but he does not want to spend money he does not have to. He noted that it keeps mounting and keeps changing and he keeps fighting this battle. Kathy Boyle, spoke again and said they are providing a housing opportunity that has a program inside of it. They are not health care providers, they are not a mental health service, they are a group that is providing a safe, drug- free, substance-free place for people to live, a house, where a program is also happening. Once you step off that single-family dwelling, there are other restrictions that are required. It is simply a house where they can live with enough space to function and live together where there is also some programming that is done to keep them on the straight and narrow but they are peer supporting each other. Coundilmember Sole said that person in recovery would not know when they stepped on to Walnut Avenue that was a boarding house. They would be moving into housing and they would be in a congregate living. She asked if we can accomplish it just because we are defining under boarding or congregate living. That person in recovery does not know that. They are still living in a unit together. That is what she is trying to define, can it be accomplished because they do not know what the zoning is? Ms. Boyle replied it is our program and our place. The people would not know but it is not doable right now financially and it is not sustainable to be able to open these homes under that model if they have to change it. We are also talking about financial; we are also talking about sustainability. It changes the dynamic and does need to happen that way. The Mayor said that we understand change but just to educate everyone, we had the work session with the ordinance that we would be voting on later. Councilmember Moran stated that she appreciated Councimember Sole's points but we have a preconceived notion of what a boarding house looks like, it looks like a hotel. However, the reality is that they can look like a home and she feels like this code, where our code stands now, she does not feel it has pass forward, not just for Compassion Central, but for any other recovery organization that would want to open. She said that the code is never perfect and there has to be a compromise. Councilmember Warner stated that he sees a lot of gray area and there is a lack of definition. It should either be yes or no. 11 Councilmember Rice stated that he sees where they are coming from. He knows what it is like to be in a home like that and you are a family. They may be from different families but they come there to continue life and learn how to get back what you failed like work ethic and you have to be a family and work off each other. Councilmember Weber asked about the possibility of tabling the ordinance for more work and more information. Mr. Blosser said yes, you would be able to table the ordinance and come back and have additional dialogue but the ordinance that has been presented would not be up for amendment. He said that you would have to vote it down. City Attorney Kevin Sansalone pointed out other items in the ordinance related to consumer fireworks, wholesale establishments and townhouses were part of the same ordinance and tabling it would scrap those changes as well. They are all co-dependent on each other. All of the items fall under the confines of the same ordinance. He said all of the other items that the Planning Commission dealt with at the same time are in the confines with that particular ordinance. He explained that if Council tables the one and pass all of the others, it is not . Councilmember Weber asked if he was suggesting Council vote down the ordinance and The Mayor replied no. Mr. Sansalone said that his suggestion would be that this ordinance was done through the Planning Commissions to accommodate the suggestions that Mr. Boyle had previously made at Council when his use was precluded. It was to allow or to accommodate the use that they were suggesting. He said his position would be that you pass all of these ordinances, and if at some point in the future they need to be tweaked, they can be tweaked and present another ordinance. He said that this particular ordinance was to eliminate what a household unit was because before it was three unrelated persons and four at max and in some instances two. It was to accommodate this use in particular as a result of their conçerns on prior occasions. It has been through Planning and Planning had a work session on it and recommended it. His suggestion would be to adopt all of them and if the one definition needs to be tweaked, then to tweak it later SO that their use, if precluded, can be accommodated to the extent that it can be. He told Council to understand that there were fire issues and there were separate and unrelated issues to zoning that existed at the location that Mr. Boyle mentioned SO it was not just 12 the fact that it was this ordinance. He then said that he would ask Council to adopt all of them, too much work has gone into this to recommit it to the Planning Commission and then if we have to tweak it later. The Mayor noted that it is an ongoing conversation. Mr. Sansalone said that passing the ordinance creates a pathway that will eventually lead to the type of ordinance the Boyles see. Without having the language available on paper, there would be nothing to refer back to and the City would be back at square one. There being no one else to speak, the public hearing was called to a close at 8:12 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5,0 SITE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5,4.E PARKING REQUIREMENTS BY USE TO PROVIDE FOR MINIMUM PARKING REQUIREMENTS FOR DETACHED DWELLING, ATTACHED DWELLINGS (SINGLE-FAMILY DUPLEX) ATTACHED TOWNHOUSE DWELLINGS, AND BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES. Pursuant to a notice duly published in the Times-West Virginian on February 28, 2025, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 Site Standards of the Planning and Zoning Code and more particularly 5.4.E Parking Requirements by Use to provide for minimum parking requirements for detached dwelling, attached dwellings, attached townhouse dwellings, boarding houses, lodging houses and congregate living facilities. The Mayor asked if anyone present desired to speak to the proposed ordinance. Mr. Blosser said that this is ordinance was forwarded to Council by the Planning Commission and a work session was held on February 11th. He said that he encouraged its passage. There being no one else to speak, the public hearing was called to a close at 8:13 p.m. ANNOUNCEMENIS IN RE: ARTS AND HUMANITIES COMMISSION AWARD CEREMONY 13 Councilmember Moran announced that the Arts and Humanities Commission will presenting their annual awards on April 13th at 2:00 p.m. at Central Christian Church. IN RE: CONGRATULATIONS TO FSU MEN'S AND WOMEN'S BASKETBALL Councilmember Sole extended congratulations to Fairmont State University's men's and women's basketball team for winning the MEC tournament. It was the first time since 1984 that both the men's and women's team have won the MEC tournament. Mayor Bolyard also extended congratulations to the MEC Champions. IN RE: OPERATION SPRING CLEANING Councilmember Nuzum said thank you to the Police Department for the drug bust that we had last week. The Mayor extended her deepest appreciation for Operation Spring Cleaning. It was a collaborative effort and each one on the Fairmont Police Department as well as the Three Rivers Drug Task Force should be commended. IN RE: BETTER HOPE BRUNCH Councilmember Nuzum reminded everyone of the Better Hope Brunch on Saturday, April 12th at 10:00 a.m. at the Whitehall Event Center. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER'S REPORT Mr. Blosser reported the following: He extended his appreciation to the Police Department for Spring Cleaning. The new police officer written exam will be held on April 23rd. Thanked the WV DOH and Mr. Gaskins, District Manager, for making the streets in Fairmont a priority for patching. He said that he felt comfortable that the DOH has moved the East Side paving into FY26 from FY27. He mentioned that the downtown streets will be paved this summer. 14 This Council meeting will be adjourned to April 15th at 4:30 p.m. to Lay the Levy Rates. It will be a two-minute meeting and we will need a quorum to attend. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance providing to approve and adopt current replacement pages to the Fairmont City Code. 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. 2064 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO DEFINE, REDEFINE, RELOCATE AND/OR COMBINE CERTAIN DEFINITIONS, NAMELY ACCESSORY DWELLING UNIT, BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES, DWELLING TYPE, FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT, GROUP RESIDENTIAL HOME, HOUSEKEEPING UNIT, TOWNHOUSES, CONSUMER FIREWORKS, CONSUMER FIREWORKS RETAIL SALES ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT CONSUMER FIREWORKS. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 2.0 Definitions of the Planning and Zoning Code to define or redefine certain definitions. 15 Motion: Councimember McDaniel moved for the adoption of the proposed ordinance. Councilmember Weber 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. 2065 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO AMEND AND SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, AS SET FORTH BELOW: 1. TO REFLECT CLARIFIED LANGUAGE REGARDING DETACHED DWELLING, ATTACHED DWELLING (SINGLE-FAMILY DUPLEX), ATTACHED TOWNHOUSE DWELLING, BOARDING HOUSES, LODGING HOUSES, AND CONGREGATE FACILITIES; 2. TO REFLECT CERTAIN STYLISTIC CHANGES FROM CHILD CARE HOME, CHILD CARE FACILITY, AND CHILD CARE CENTER TO DAY CARE HOME, DAY CARE FACILITY, AND DAY CARE CENTER; AND 3. TO ADD CONSUMER FIREWORKS RETAIL SALE ESTABLISHMENT, WHOLESALE ESTABLISHMENT, AND WHOLESALE ESTABLISHMENT, CONSUMER FIRE WORKS. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to supplement the Use Chart. Motion: Councimember 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. 2066 was duly adopted. 16 IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.4 NEIGHBORHOOD RESIDENTIAL (NR) OF THE CITY'S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR SUPPLEMENTAL REGULATIONS WITH REGARD TO PEDESTRIAN PATHWAYS AND TOWNHOUSE PARKING IN SAID DISTRICT. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 3.4 Neighborhood Residential of the Planning and Zoning Code to provide for supplemental regulations with regard to pedestrian pathways and townhouse parking. Motion: Councimember 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. 2067 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING AND MORE PARTICULARLY SECTION 4.18 FAMILY FUNCTIONAL AND FACTUAL EQUIVALENT AND 4.35 TEMPORARY USES TO ESTABLISH AND/OR MODIFY THE USE STANDARDS RELATING THERETO. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code and more particularly Section 4.18 Family Functional and Factual Equivalent and Section 4.35 Temporary Uses to establish and/or modify the Use Standards relating thereto. Motion: Councilmember Nuzum moved for the adoption of the proposed ordinance. Councilmember Moran seconded the motion. Roll call was taken by the Clerk. 17 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2068 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY'S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY SECTION 5.4.E PARKING REQUIREMENTS BY USE TO PROVIDE FOR MINIMUM PARKING REQUIREMENTS FOR DETACHED DWELLING, ATTACHED DWELLINGS SINGLE-FAMILY DUPLEX) ATTACHED TOWNHOUSE DWELLINGS, AND BOARDING HOUSES, LODGING HOUSE AND CONGREGATE LIVING FACILITIES. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards of the Planning and Zoning Code and more particularly 5.4.E Parking Requirements by Use to provide for minimum parking requirements for detached dwelling, attached dwellings, attached townhouse dwellings, boarding houses, lodging houses and congregate living facilities. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. Councilmember Moran seconded the motion. Discussion: Councimember McDaniel stated that he was going to vote for this ordinance, however, he would expect or at least ask the Planning Commission and the City Planner to work this out to where their uses can be accommodated and where this thing works for everybody. 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. 2069 was duly adopted. IN RE: INTRODUCTION, FIRST READING SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 131 POLICE DEPARTMENT OF CHAPTER FIVE OFFICERS AND DEPARTMENTS OF PART ONE ADMINISTRATIVE CODE OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 131.01 18 ORGANIZATION, PERSONNEL AND PURPOSES THEREOF, TO PROVIDE FOR THE CREATION OF THE POSITION OF DEPUTY POLICE CHIEF. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance to provide for the creation of the position of Deputy Police Chief. Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. The Mayor declared the public hearing set for March 25, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2050 DULY ADOPTED AUGUST 27, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, AMONG OTHERS, TO PROVIDE FOR THE FOLLOWING: 1. INCREASING THE BASE PAY FOR ALL CLASS PAY GRADES AND CLASS PAY TITLES BY 4% WITH LIMITED EXCEPTIONS; 2. CREATING CERTAIN NEW POSITIONS, ELIMINATING CERTAIN OBSOLETE POSITIONS, AND MAKING CERTAIN STYLISTIC CHANGES; AND 3. PROVIDING FOR CERTAIN INCREASES TO ADDITIONAL COMPENSATION PROVIDED BY THE FRATERNAL ORDER OF POLICE PAY PLAN. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance which provides for the City of Fairmont's current Pay Plan and List of Occupational Classes for all class titles and employees. Motion: Councilmember: Weber moved for the introduction of the proposed ordinance. Councilmember McDaniel seconded the motion. 19 The Mayor declared the public hearing set for March 25, 2025. IN RE: A RESOLUTION APPROVING THE CITY OF FAIRMONT'S FISCAL YEAR 2025-2026 CITY BUDGETS: GENERAL FUND AND COAL SEVERANCE. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution to approve the 2025-2026 Budget for the City of Fairmont. Motion: Councilimember Sole moved for the adoption of the proposed resolution. Councimember Warner seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember McDaniel moved at 8:35 p.m. to adjourn this meeting to Tuesday, April 15, 2025, at 4:30 p.m. in order to approve the Levy Rates. The motion was seconded by Councilmember Horton. The Mayor declared this meeting adjourned until 4:30 p.m., Tuesday, April 15, 2025 by unanimous vote of Council. 20 PUBLIC HEARINGS PUBLIC HEARINGS March 25, 2025 1. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Article 131 Police Department Of Chapter Five Officers And Departments Of Part One Administrative Code Of The Fairmont City Code, And More Particularly Section 131.01 Organization, Personnel And Purposes Thereof, To Provide For The Creation Of The Position Of Deputy Police Chief. 2. An Ordinance Of The Council Of The City Of Fairmont Amending And Supplementing Ordinance No. 2050 Duly Adopted August 27, 2024, Which Ordinance Provides For The City Of Fairmont's Current Pay Plan And List Of Occupational Classes For All Class Titles And Employees, Among Others, To Provide For The Following: 1. Increasing The Base Pay For All Class Pay Grades And Class Pay Titles By 4% With Limited Exceptions; 2. Creating Certain New Positions, Eliminating Certain Obsolete Positions, And Making Certain Stylistic Changes; And 3. Providing For Certain Increases To Additional Compensation Provided By The Fraternal Order Of Police Pay Plan. ITEM 1 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 131 POLICE DEPARTMENT OF CHAPTER FIVE OFFICERS AND DEPARTMENTS OF PART ONE ADMINISTRATIVE CODE OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 131.01 ORGANIZATION, PERSONNEL AND PURPOSES THEREOF, TO PROVIDE FOR THE CREATION OF THE POSITION OF DEPUTY POLICE CHIEF SYNOPSIS By this proposed ordinance, the Council of the City of Fairmont provides for the creation of the position of Deputy Police Chief within the City of Fairmont Police Department. Because the position of Deputy Police Chief is created by council by ordinance it is a non-civil service position as provided by West Virginia Code $8-14-6. The creation of the position of Deputy Police Chief will promote public safety and provide for the more efficient operation of the City of Fairmont Police Department. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 131 POLICE DEPARTMENT OF CHAPTER FIVE OFFICERS AND DEPARTMENTS OF PART ONE ADMINISTRATIVE CODE OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 131.01 ORGANIZATION, PERSONNEL AND PURPOSES THEREOF, TO PROVIDE FOR THE CREATION OF THE POSITION OF DEPUTY POLICE CHIEF WHEREAS, the provisions of Chapter 8, Article 14, Part V, Section 6 of the West Virginia Code provide that "[a]il appointments and promotions to all positions in all paid police departments of Class I and Class II cities shall be made only according to the qualifications and fitness to be ascertained by examinations, which, SO far as is practical shall be competitive. . . .except the chief or deputy chiefs of police, if the position of deputy chief of police has been previously created by the city council of that Class I or Class II may be appointed, promoted, reinstated, removed, discharged, suspended, or reduced in rank or pay as a paid member of a paid police department, regardless of rank or position of any Class I or Class II city in any manner or by any means other than those prescribed in the following sections of this article . 1 WHEREAS, the City of Fairmont is a Class II City. WHEREAS, Section 131.01 of the Fairmont City Code provides for the organization, personnel and purposes of the City of Fairmont Police Department. WHEREAS, the Council for the City of Fairmont finds it desirable and necessary for the promotion of public safety and the efficient operation of the City of Fairmont Police Department to create the position of Deputy Police Chief within the City of Fairmont Police Department. NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Section 131.01 Organization, Personnel and Purpose of Article 131 Police Department of Chapter Five Officers and Departments of Part One Administrative Code of the Fairmont City Code be and is hereby amended and supplemented as follows: (Old matter bracketed; new matter double underlined) PART ONE ADMINISTRATIVE CODE CHAPTER FIVE OFFICERS AND DEPARTMENTS ARTICLE 131 POLICE DEPARTMENT SECTION 131.01 ORGANIZATION, PERSONNEL AND PURPOSE The Police Department shall comprise the Chief of Police, Deputy Chief and such other personnel, having such ranks and grades, as may from time to time be authorized by Council. The organization shall be as prescribed by the City Manager, in consultation with the Chief of police, and SO constituted as to effectively and economically accomplish its purpose. The purposes of the Police Department shall be to protect persons and property within the City, to preserved law and order therein, and to enforce therein the criminal laws of the State and the provisions of this Code and other ordinances, and resolution of Council without fear or favor. All provisions of this article are subject to State law and state and local civil service provisions relative to policemen EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2025. MAYOR ATTEST: CITY CLERK ITEM 2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2050 DULY ADOPTED AUGUST 27, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, AMONG OTHERS, TO PROVIDE FOR THE FOLLOWING: 1. INCREASING THE BASE PAY FOR ALL CLASS PAY GRADES AND CLASS PAY TITLES BY 4% WITH LIMITED EXCEPTIONS; 2. CREATING CERTAIN NEW POSITIONS, ELIMINATING CERTAIN OBSOLETE POSITIONS, AND MAKING CERTAIN STYLISTIC CHANGES; AND 3. PROVIDING FOR CERTAIN INCREASES TO ADDITIONAL COMPENSATION PROVIDED BY THE FRATERNAL ORDER OF POLICE PAY PLAN SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont provides for modifications to the City's existing pay plan which was adopted by Ordinance No. 2050. The proposed changes and modifications are as follows: 1. A 4% base pay increase for all Class Pay Grades and Class Pay Titles except Auto Heavy Equipment Mechanic, Vacant Structure Manager and Deputy Building Inspector. 2. Reclassification/increases relative to the following positions as noted: a. Auto Heavy Equipment Mechanic from a Class Pay Grade of 150 to a Class Pay Grade of 165. b. Deputy Building Inspector, which is a Class Pay Grade 445, received an additional 2% base pay increase. C. Program Manager was separated into two distinct positions being Communications Manager and Vacant Structure Manager. Vacant Structure Manager is reclassified from a Class Pay Grade 420 to a Class Pay Grade 436. Communications Manager remains at a Class Pay Grade 420. 3. Creating the new position of Information Technology Technician - Class Pay Grade 530. 4. Creating the new position of Deputy Police Chief - Class Pay Grade 738. 5. Stylistically changing the Class Title of Information Technology Technician - Class Pay Grade 561 to Information Technology Manager at the same Class Pay Grade. 6. Eliminating the following obsolete positions: Accounting Clerk 315 Deputy City Clerk 325 Purchasing Assistant 330 Delinquent Accounts Clerk 331 Senior Accounting Clerk 335 Parks and Recreation Coordinator 532 7. Increasing base pay in lieu of shift differential for the Fraternal Order of Police Pay Plan from $.45/hour to $1.00/hour. 8. Increasing the Annual Uniform Cleaning Allowance for the Fraternal Order of Police Pay Plan from $605.80 to $650.00. These changes have been recommended by the City Manager. If adopted, the increases and changes provided for by this ordinance shall become effective on July 7, 2025. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2050 DULY ADOPTED AUGUST 27, 2024, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, AMONG OTHERS, TO PROVIDE FOR THE FOLLOWING: 1. INCREASING THE BASE PAY FOR ALL CLASS PAY GRADES AND CLASS PAY TITLES BY 4% WITH LIMITED EXCEPTIONS; 2. CREATING CERTAIN NEW POSITIONS, ELIMINATING CERTAIN OBSOLETE POSITIONS, AND MAKING CERTAIN STYLISTIC CHANGES; AND 3. PROVIDING FOR CERTAIN INCREASES TO ADDITIONAL COMPENSATION PROVIDED BY THE FRATERNAL ORDER OF POLICE PAY PLAN WHEREAS, pursuant to the provisions of West Virginia Code $8-5-12, the salary and compensation of the officers, positions, and employees of the City of Fairmont has been fixed by ordinance, being Ordinance No. 2050. WHEREAS, the City Manager has recommended the modifications to the City's existing pay plan as set forth in the ordinance title. WHEREAS, Council finds it reasonable and necessary to amend and supplement Ordinance No. 2050 to provide for the changes recommended by the City Manager. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Ordinance No. 2050 shall be and the same is hereby amended and supplemented as follows: (Matter to be deleted bracketed; new matter double underlined) Remainder of page blank CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES STEELWORKERS PAY PLAN EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY7, 2025 Class Pay [Class Base Class Base Grade Class Pay Title Pay] Pay 100 Auto Service Person [$ 28,361.00] 29,495.00 105 Utility Accounting Clerk [$ 32,457.00] 4 33,755.00 107 Inventory Control Clerk [$ 37,853.00] D 39,367.00 110 Plumber/Pipefitter [$ 38,508.00] b 40,048.00 120 Equipment Operator II [$ 38,508.00] 40,048.00 125 Customer Service Representative [$ 38,508.00] 40,048.00 130 Equipment Operator III [$ 39,658.00] $ 41,244.00 135 Customer Service Representative I [$ 39,658.00] $ 41,244.00 140 Utility Equipment Operator [$ 39,658.00] f 41,244.00 145 Mechanic Operator [$ 39,658.00] $ 41,244.00 [150] Auto-Heavy Equipment Mechanic) [$ 40,629.00] h 160 Traffic Skilled Technician [$ 40,629.00] 42,254.00 165 Auto-Heavy Equipment Mechanic [$ 40,629.00] $ 45,000.00 170 Wastewater Treatment Plant Operator [$ 44,252.00] $ 46,022.00 175 Water Treatment Plant Operator [$ 44,252.00] $ 46,022.00 177 Wastewater Treatment Plant Mechanic [$ 44,252.00] $ 46,022.00 180 Wastewater Treatment Plant Electrician [$ 44,252.00] $ 46,022.00 185 Water Treatment Plant Electrician [$ 44,252.00] $ 46,022.00 190 Lift Station Maintenance Technician [$ 44,252.00] $ 46,022.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service PSC Meter Certification - $.39/hour Position Description Mandated CDL Certification -$0.75/hour WVDOH Roads Scholar - $0.85/hour Class I - IVI Water/Wastewater - $0.85/hour (passing exam $0.43/hr, required hours $0.42/hr) State of WV Lab Certification (Microbiology) Water/Wastewater - $0.85/hour WVBPH Water Distribution System Certification - $0.85/hour WVBPH Wastewater Collection System Certification - $0.85/hour Position Description Mandated Backflow Coordinator Certification - $0.85/hour Shift Differential - $1.65/hour for the third (afternoon) shift Shift Differential - $1.85/hour for the first (midnight) shift Shift Differential - $1.85/hour for the 6:00 p.m. - 6:00 a.m. shift Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES FRATERNAL ORDER OF POLICE PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7, 2025 Class Pay [Class Base Grade Class Pay Title Pay] Class Base Pay 200 Probationary Patrol Officer [$ 51,536.00] $ 53,597.00 205 Patrol Officer [$ 57,699.00] $ 60,007.00 210 Detective [$ 57,699.00] $ 60,007.00 225 Sergeant [$ 63,116.00] $ 65,641.00 230 Detective Sergeant [$ 63,116.00] $ 65,641.00 235 Lieutenant [$ 69,787.00] $ 72,578.00 240 Detective Lieutenant [$ 69,787.00] $ 72,578.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Police Officer Canine Pay-Minimum wage as established from time to time by West Virginia Code $21-5C-2 with a maximum pay based on 10 hours per pay Base pay in lieu of Shift Differential - [$0.45/hour) $1.00/hour Annual Uniform Cleaning Allowance of [$605.80] $650.00 - not included in base pay Police Officer with a Bachelor's Degree from Accredited College or University - $0.34/hour Officer in Charge - hourly pay difference from Patrol Officer First Class to Sergeant for hours worked as Sergeant OIC Officer in Charge - hourly pay difference from Sergeant to Lieutenant for hours worked as Lieutenant OIC Alternative Health Care Benefit - $3,500.00 annually One time monetary incentive of $10,000.00, payable on the first payday following the date of hire, for recruitment of a newly hired Probationay Patrol Officer with an active and valid West Virginia Law Enforcement Certification; subject to reimbursement on a prorated basis within the first three years of employment for voluntary termination West Virginia Law Enforcement Certification Pay - $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (WVLEC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS EFFECTIVE DATE: [SEPTEMBER 30, 2024] JULY7.2025 Class Pay [Class Base Class Base Grade Class Pay Title Pay] Pay 250 Probationary Firefighter [$ 45,676.00] $ 47,503.00 255 Firefighter Apprenticeship I [$ 47,934.00] $ 49,851.00 260 Firefighter Apprenticeship II [$ 49,113.00] $ 51,078.00 265 Firefighter [$ 51,678.00] $ 53,745.00 270 Fire Lieutenant [$ 55,506.00] $ 57,726.00 275 Fire Captain [$ 60,848.00] $ 63,282.00 ADDITIONAL COMPENSATION Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Alternative Health Care Benefit - $3,500.00 annually Base pay in lieu of Shift Differential - $0.40/hour Firefighter who holds a degree in Fire Science from Accredited College or University or a Firefighter with a Bachelor's Degree from Accredited College or University- $0.34/hour Fire Prevention and Training Officer Special Assignment Pay - $10,000/annually Officer in Charge - hourly pay difference from Firefigher to Fire Lieutenant for hours worked as Fire Lieutenant OIC in Central Station Officer in Charge - hourly pay difference from Fire Lieutenant to Fire Captain for hours worked as Fire Captain OIC in Central Station JATC Certification (Joint Apprenticeship Training Committee) - $500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7, 2025 Class Pay [Class Base Grade Class Pay Title Pay] Class Base Pay 305 Parking Enforcement Officer [$33,996.00] 35,356.00 310 Police Records Clerk [$33,996.00] $ 35,356.00 [315] [Accounting Clerk] [$36,037.00] $ 321 Staff Assistant [$36,037.00] $ 37,478.00 [325] [Deputy City Clerk] [$36,037.00] 5 [330] [Purchasing Assistant] [$36,037.00] $ [331] [Delinquent Accounts Clerk] [$39,110.00] f [335] [Senior Accounting Clerk] [$39,993.00] 340 Senior Staff Assistant [$40,440.00] $ 42,058.00 345 Executive Accounting Clerk [$40,440.00] $ 42,058.00 355 Executive Staff Assistant [$41,651.00] $ 43,317.00 360 Customer Relations Manager/Auditor [$41,651.00] $ 43,317.00 361 Office Manager [$42,617.00] 44,322.00 362 Purchasing Coordinator [$42,617.00] 44,322.00 370 Accounts Payable [$43,616.00] $ 45,361.00 371 Payroll Clerk [$43,616.00] $ 45,361.00 400 Engineering Technician [$44,051.00] $ 45,813.00 405 Construction Inspector [$44,051.00] $ 45,813.00 410 Code Enforcement Officer [$44,051.00] f 45,813.00 415 Customer Service Supervisor [$44,051.00] 45,813.00 [420] [Program Manager] [$44,572.00] 420 Communications Manager 46,355.00 425 Municipal Court Clerk [$45,074.00] $ 46,877.00 430 B&O Tax Manager [$45,074.00] $ 46,877.00 435 Utility Billing Manager ($45,074.00] $ 46,877.00 440 Code/Housing Officer [$45,074.00] $ 46,877.00 441 Assistant IT Technician [$45,074.00] $ 46,877.00 436 Vacant Structure Manager $ 47,355.00 442 Maintenance Superintendent [$46,207.00] $ 48,055.00 443 Administrative Assistant [$46,312.00] $ 48,164.00 444 Assistant Planner (Planner I) [$46,918.00] $ 48,795.00 445 Deputy Building Inspector [$47,192.00] $ 50,080.00 450 Assistant Field Services Supervisor [$49,147.00] $ 51,113.00 455 Assistant Supervisor/Meter CSR [$49,147.00] $ 51,113.00 456 Assistant SupenysorSlorWater [$49,147.00] $ 51,113.00 460 Traffic Supervisor [$49,147.00] $ 51,113.00 470 Seasonal Crossing Guards Hourly Hourly 475 Part-time Parking Enforcement Officer Hourly Hourly 480 Part-time Seasonal Employees Hourly Hourly 481 Part-time Seasonal Code Enforcement Hourly Hourly 485 Summer/Student Intern Appointment Hourly Hourly 486 Part-Time Legal Assistant Hourly Hourly CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, NON-EXEMPT EMPLOYEES' PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7, 2025 A. Position Related Certification Pay i. Utility & Public Works Positions PSC Meter Certification - $0.39/hour Position Description Mandated CDL Certification -$0.75/hour WVDOH Roads Scholar -$0.79/hour Class I - IV Water/Wastewater - $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ii. Building Inspection & Code Enforcement Positions Certification in any discipline by passage of ICC exam - $0.45/hour Asbestos Certification - $0.45/hour WV State Journeyman Electrical License - $0.45/hour Building Code Official - $1.95/hour (replaces $0.39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) B. Other Additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit - $3,500.00 annually Unclassified Groups/Positions ADA Coordinator Special Assignment Pay $1,500.00 Part Time and Seasonal Employees - Federal Minimum Wage Hourly to $15.00 per hour; Summer/Student Intern Appointment - $8.75 to $15.00 per hour Other Part-time positions calculated and paid at hourly rate for Class Pay Title Base Rate CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES NON-REPRESENTED, EXEMPT EMPLOYEES PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7.2025 Class Pay [Class Base Class Base Class Pay Title Grade Pay] Pay 530 Information Technology Technician $ 51,113.00 [532] [Parks and Recreation Coordinator) [$ 50,047.00] $ 533 Accountant [$ 50,626.00] $ 52,651.00 535 Environmental Technician Pretreatment Coordinator [$ 52,818.00] $ 54,931.00 540 Secretary/Treasurer [$ 55,160.00] $ 57,366.00 545 Public Works Operations Supervisor [$ 57,076.00] $ 59,359.00 546 Grant Administrator [$ 58,296.00] $ 60,628.00 549 Human Resource Manager [$ 61,179.00] $ 63,626.00 550 Assistant Finance Director [$ 61,179.00] $ 63,626.00 555 City Planner (Planner II) [$ 61,373.00] $ 63,828.00 560 Assistant Engineer [$ 61,960.00] $ 64,438.00 561 Information Technology [Technician] Manager [$ 62,289.00] $ 64,781.00 570 WWTP Superintendent [$ 67,584.00] $ 70,287.00 575 Water Pumping & Treatment Supervisor [$ 67,584.00] $ 70,287.00 580 Wet Weather Program Manager [$ 67,584.00] $ 70,287.00 585 Field Services Supervisor [$ 67,584.00] $ 70,287.00 590 Senior Engineer [$ 71,999.00] $ 74,879.00 Position-related Certification Pay Utilities: Class I- IV Water/Wastewater: - $0.79/hour State of WV Lab Certification (Microbiology) Water/Wastewater: - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour ADDITIONAL COMPENSATION: Longevity Pay - $155 per year of service beginning on the first full pay period of the year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Position Description Mandated CDL Certification - $0.75/hour Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7, 2025 Class Pay [Class Base Class Base. Grade Class Pay Title Pay] Pay 700 Building Inspector [$ 71,520.00] $ 74,381.00 720 City Clerk [$ 72,982.00] $ 75,901.00 725 Utility Controller [$ 74,382.00] $ 77,357.00 730 Public Works Director [$ 75,060.00] $ 78,062.00 735 Dir of Planning & Development [$ 80,080.00] $ 83,283.00 738 Deputy Police Chief $ 86,000.00 740 Finance Director [$ 85,793.00] $ 89,225.00 745 Police Chief [$ 87,274.00] $ 90,765.00 750 Fire Chief [$ 87,274.00] $ 90,765.00 755 Professional Engineer [$ 88,891.00] $ 92,447.00 760 Utility Manager [$ 93,254.00] $ 96,984.00 765 City Manager [$ 125,000.00] $ 125,000.00 770 City Attorney [$ 107,347.00] $ 111,641.00 775 Municipal Judge (Part Time) [$ 27,295.00] $ 28,387.00 A. Position-related Certification Pay Building Inspection, Code Enforcement and Utilities, Excludes Professional Engineer: Certification in any discipline by passage of ICC exam - $0.45/hour Asbestos Certification - $0.45/hour WV State Journeyman Electrical License - $0.45/hour Building Code Official - 1.95/hour (replaces $0.39/hour individually) Electrical Code Official - $1.95/hour (replaces $0.39/hour individually) Mechanical Code Official - $1.95/hour (replaces $0.39/hour individually) Plumbing Code Official - $1.95/hour (replaces $0.39/hour individually) Fire Prevention Code Official - $1.95/hour (replaces $0.39/hour individually) Certified Building Official - $1.95/hour (replaces $0.39/hour individually) Certified Municipal Clerk HIMC (International Institute of Municipal Clerks) - $1.10/hour Class I - VWater/Wastewater - $0.79/hour State of WV Lab Certification Microbiology) Water/Wastewater: - $0.79/hour WVBPH Water Distribution System Certification - $0.79/hour WVBPH Wastewater Collection System Certification - $0.79/hour AICP Certification - American Institute of Certified Planners - $.79/hour B. Other additional Compensation Longevity Pay - $155 per year of service beginning on the first full pay period of the fiscal year of the first anniversary and continuing for each subsequent year of service Bachelor's Degree from Accredited College or University - $0.34/hour Alternative Health Care Benefit - $3,500.00 annually CITY OF FAIRMONT, WEST VIRGINIA CLASSIFIED SERVICES OCCUPATIONAL LIST OF CLASSES ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN EFFECTIVE DATE: SEPTEMBER 30, 2024] JULY7, 2025 West Virginia Law Enforcement Certification Pay - $500.00 per year of service beginning on the first full pay period following presentation of a valid West Virginia Law Enforcement certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (WVLEC Certification pay is from date on certificate, not retroactive to date of hire.) JATC Certification (Joint Apprenticeship Training Committee) - $500.00 per year of service beginning on the first full pay period following presentation of a valid JATC Certification and continuing for each subsequent year of service, beginning on the first full pay period of the subsequent fiscal year. (JATC Certification pay is from date on certificate, not retroactive to date of hire.) SEVERABILITY: If any provision of this ordinance is invalidated by any court, commission or board of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption; provided however, notwithstanding the effective date the increases and changes provided for herein shall not become effective until July 7, 2025. Adopted this the day of 2025. MAYOR ATTEST: CITY CLERK ITEM 3 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 0.067 AC MERCHANT ST (WM GRAY PUR) (PLAT 1122-80)) MAP 7 PARCEL 0008 0000 0000 FROM STANLEY M. SEARS; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT. SYNOPSIS By this proposed ordinance, the Council of the City of Fairmont provides for and authorizes the City Manager to do all things necessary to provide for the purchase of the parcel of real estate described in the ordinance title from Stanley M. Sears. The purpose of the purchase is to provide for the abatement of an abandoned, dilapidated, and vacant structure, resolve pending litigation, being Stanley M. Sears V. The City of Fairmont, Marion County Civil Action No. 23-C-72, and to enhance the Merchant Street streetscape and the area surrounding Palatine Park The total consideration to be paid for the property is One Hundred and Twenty-Five Thousand Dollars, ($125,000.00), no more no less. The consideration shall be in the following format: (a) At closing, the City shall pay to Stanley M. Sears One Hundred and Ten Thousand Dollars ($110,000.00), in immediately available funds, less any amounts identified in the Agreement; and (b) At closing, the City shall provide to Stanley M. Sears an IRS Form 8283, together with a letter representing that an interest in real property was donated to the City. This ordinance specifically provides that it shall not give rise to any actionable cause whatsoever, including any action for extraordinary relief or breach of contract, by any person, firm, corporation, or entity, including S. Scott Sears and/or Stanley M. Sears against the City of Fairmont with regard to the transaction contemplated hereby, whether at law of in equity or by way of complaint, petition, counterclaim, crossclaim, or third-party complaint. A copy of the Purchase Agreement is attached. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 0.067 AC MERCHANT ST (WM GRAY PUR) (PLAT 1122-80)) MAP 7 PARCEL 0008 0000 0000 FROM STANLEY M. SEARS; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT. WHEREAS, the City of Fairmont desires to provide for and authorize the purchase of the hereinafter described real estate from Stanley M. Sears. WHEREAS, the purpose of said transfer is to provide for the abatement of an abandoned, dilapidated, and vacant structure, resolve pending litigation, being Stanley M. Sears V. The City of Fairmont, Marion County Civil Action No. 23-C-72, and to enhance the Merchant Street streetscape and the area surrounding Palatine Park; WHEREAS, West Virginia Code $8-11-3(6) and Section 2.12 subpart (6) of the Charter, or the conveyance of real estate or lands possessed to the City must be authorized by Council by ordinance. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING AND APPROVAL: The transaction relating to the following described parcel of real as expressed in the above recitals will serve public purposes to include the abatement of a dilapidated, abandoned, and vacant structure; resolve pending litigation, being Stanley M. Sears V. The City of Fairmont, Civil Action No. 23-C-72; and enhance the Merchant Street streetscape and the area surrounding Palatine Park, and the transaction is in the best interest of the City of Fairmont and the same is approved. SECTION 2. AVTHORIZATONAPPROVAL 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 transactional documents which are necessary to provide for the transfer of the real estate from Stanley M. Sears to the City of Fairmont, including the Purchase Agreement and Release of All Claims, which is attached hereto and made a part hereof, and to execute and deliver any other agreements, documents, instruments, certificates, and other papers and 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, all with such change or changes from the respective form of any such document, approved hereunder, as the City Manager executing the same may approve, such approval and the propriety and necessity of said changes to be conclusively evidenced by the execution thereof. SECTION 3. DESCRIPTION OF PROPERTY TO BE CONVEYED: All that certain parcel of real estate, together with the improvements thereon and the appurtenances thereunto belonging situate in Union City District, Marion County, West Virginia, described in that certain deed form Jimmy C. Null to S. Scott Sears and Stanley M. Sears, which deed is dated April 7, 2005, and of record in the West Virginia, in Deed Book 1002, at page 205, and as thereafter conveyed to by S. Scott Sears to Stanley M. Sears by general warranty deed dated April 13, 2018, and of record in said Clerk's Office in Deed Book 1227, at page 221, together with all right, title and interest of said S. Scott Sears and Stanley M. Sears to that certain 0.197 acres as shown on a plat prepared by Wolfe & Associates entitle "Plat Showing Property of Jimmy C. Null Situate Along Merchant Street", dated September 16, 1997, and of record in said Clerk's Office in Deed Book 1002, at page 207. Conveyance of the subject real estate shall be made subject to all such reservations, exceptions, covenants, restrictions, limitations, easements, agreements, and rights of way by which the City of Fairmont is bound in the ownership of the real estate herein conveyed, insofar as the same are now in force and effect. SECTION 4 CONSIDERATION: The total consideration to be paid for the property is One Hundred and Twenty-Five Thousand Dollars, ($125,000.00), no more no less. The consideration shall be in the following format: (a) At closing, the City shall pay to Stanley M. Sears One Hundred and Ten Thousand Dollars ($110,000.00), in immediately available funds, less any amounts identified in Paragraph 6 of this Agreement; and (b) At closing, the City shall provide to Stanley M. Sears an IRS Form 8283, together with a letter representing that an interest in real property was donated to the City. SECTION 5. RESERVATION OF RIGHTS. Nothing herein shall require or obligate nor compel the City of Fairmont or the City Manager to take any action in furtherance of the transaction contemplated hereunder, or to execute or deliver any document approved hereunder or any other document, contract, or agreement which may be deemed necessary to consummate the transaction contemplated hereby, and in that regard all rights are resaved to the City of Fairmont. Nothing herein shall be construed to give rise to any actionable cause whatsoever, including any action for extraordinary relief or breach of contract, by any person, firm, corporation, or entity, including S. Scott Sears and/or Stanley M. Sears against the City of Fairmont with regard to the transaction contemplated hereby, whether at law of in equity or by way of complaint, petition, counterclaim, crossclaim, or third-party complaint. SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after adoption. Adopted this day of 2025. MAYOR ATTEST: CITY CLERK IN THE CIRCUIT COURT OF MARION COUNTY, WEST VIRGINIA STANLEY M. SEARS, Plaintiff, V. CIVIL ACTION NO. 23-C-72 JUDGE MATTHEW S. DELLIGATTI THE CITY OF FAIRMONT, A municipal corporation, Defendant. PURCHASE AGREEMENT AND RELEASE OF ALL CLAIMS This Purchase Agreement and Release of AIl Claims (hereafter Agreement") is made and entered into as of this day of February 2025, between Plaintiff Stanley M. Sears (hereinafter "Plaintiff"), and the City of Farimont, and any and elected officials, officers, employees, and/or representatives of the City of Fairmont (hereinafter the "City"), (collectively referred to hereinafter as the "Parties"). RECITALS The above-styled civil action was filed by Plaintiff, on or about May 24, 2023, wherein Plaintiff sought, among others, a declaration pursuant to the provisions of West Virginia Code S 55-13-1 et. seq., that he was the sole and lawful owner of a certain parcel of property (hereinafter the "Property") situate in Union City District, Fairmont, Marion County, West Virginia, and described in that certain deed dated April 5, 2005, from Jimmy C. Null, which deed is of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1002, at page 205. Plaintiff alleges that the quantity of land represented by said deed is 0.197 acres Page 1 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont as shown on a plat prepared by Wolfe & Associates entitled "Plat Showing Property of Jimmy C. Null Situate Along Merchant Street," dated September 16, 1997, and of record in said Clerk's Office in Deed Book 1002, at page 207. The City denies Plaintiff's allegations as to the quantity of said land and asserts that the quantity of land represented by the aforementioned deed is 0.0668 acres as shown on a plat prepared by Norman Kronjaeger entitled Norfolk Southern Parcels 18, 20, Through 36, etc., Union City District, City of Fairmont, Marion County, West Virginia, dated April 2012, and of record in said Clerk' s Office in Deed book 1112, at page 80. As a result of settlement negotiations conducted between counsel for the respective Parties, the Parties now desire to forever compromise, discharge, and resolve any and all issues and claims of Plaintiff to the Property, or any portion thereof, which have been asserted or could have been asserted in this civil action by entering into this Agreement as set forth below, AGREEMENT NOW, THEREFORE, in consideration of the covenants contained herein, and the above- recited premises, and in full and final settlement of any and all claims which have been asserted or could have been asserted, by Plaintiff to the Property, or any portion thereof, and as otherwise alleged in Plaintiff's Complaint, including any claim to monetary damages, any claim to attorney fees and costs associated with bringing said action, and/or any other claim related in anyway whatsoever thereto and/or to the Property, Plaintiff agrees as follows: 1. Purchase of Property: For a full and complete release of all claims, demands, and causes of action which have been asserted or could have been asserted by Plaintiff against the City, and any of its elected officials, officers, employees, and/or representatives, in consideration of the mutual promises and covenants hereinafter set forth, and the mutual advantage and benefits accruing hereunder, the Plaintiff hereby agrees to transfer, sell and/or convey, and City hereby Page 2 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont agrees to purchase and acquire, on the terms and conditions hereinafter stated, all that certain parcel of real estate, together with the improvements thereon, and the appurtenances thereunto belonging described in that certain deed from Jimmy C. Null to S. Scott Sears and Stanley M. Sears, which deed dated April 7, 2005, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 1002, at page 205, and as thereafter conveyed by S. Scott Sears to Stanley M. Sears by general warranty deed dated April 13, 2018, of record in said Clerk's Office in Deed Book 1227, at page 221, together with any interest of Plaintiff whatsoever to that certain 0.197 acres as shown on a plat prepared by Wolfe & Associates entitled "Plat Showing Property of Jimmy C. Null Situate Along Merchant Street, 9 dated September 16, 1997, and of record in said Clerk's Office in Deed Book 1002, at page 207. The property to be conveyed is depicted on the Marion County Tax Maps for Union City District as Parcel 0008 0000 0000 of Marion County Tax Map 05-07, and assessed as 0.067 AC MERCHANT ST (WM GRAY PUR). The Property has a physical address of Merchant Street. 2. Consideration and Terms of Payment: The total consideration for the Property to be transferred is One Hundred and Twenty-Five Thousand Dollars, $125,000.00), no more no less. The consideration shall be in the following format: (a) At closing, the City shall pay Plaintiff One Hundred and Ten Thousand Dollars $110,000.00), in immediately available funds, less any amounts identified in Paragraph 6 of this Agreement; and (b) At closing, the City shall provide to Plaintiff an IRS Form 8283, together with a letter representing that an interest in real property was donated to the City. Page 3 of 13 Purchase Agreement and Release ofAll Claims Sears V. City of Fairmont 3. Time of Closing: This transaction shall be completed and all necessary papers executed and delivered on or before unless this closing deadline is agreed in writing by the Parties to be extended, Upon closing, the City shall take possession of the Property, unless otherwise agreed upon in writing by the parties. 4. Nature and Condition of Property: Plaintiff states that he is has no knowledge of any release or threatened release of a any hazardous substance as defined by the Comprehensive Environmental Response Compensation and Liability Act 42 USC $9601 et seq., The West Virginia Underground Storage Tank. Act WV Code 8822-17-1 et seq., or the. Hazardous Waste. Management Act WV Code 22-18-3 et seq., or any other federal, state or local law, rule or regulations resulting from actions or environmental conditions on the Property prior to the date of closing, or any asserted, pending or threatened actions or claims by any governmental entity or regulatory agency relating to any environmental condition of any kind on or with regard to the Property, or any other asserted, pending or threatened claims, assertions, actions or litigation relating to any environmental condition of any kind on or with regard to the Property. All buildings, improvements, and fixtures on the subject real estate are to be delivered to the City in "as is" condition as they are on the date of the execution of this agreement. Plaintiff shall not commit or permit any additional waste. 5. Title to Property: Plaintiff covenants and agrees that he will at the time of closing execute and deliver a general warranty deed, in recordable form, conveying to the City good and marketable title to the Property free and clear of all liens and encumbrances. It is understood that the conveyance contemplated herein is contingent upon and subject to the ability of Plaintiff to Page 4 of 13 Purchase Agreement and Release ofAlI Claims Sears V. City of Fairmont convey good and marketable title to the Property and Plaintiff, at his sole cost and expense, will remove all liens and encumbrances against said Property prior to or simultaneously with closing. If it appears or is revealed from an examination of title that Plaintiff is unable to deliver good and marketable title, the City's attorney will notify Plaintiff's attorney in writing of the defects constituting an objection to title, in which event, this Agreement shall remain in full force and effect and Plaintiff shall have days from such notice within which to cure or remove such defects. If Plaintiff is unwilling or unable to cure or remove such defects, then the City shall have the right and option to declare this Agreement void. If all matters are satisfied and performed, Plaintiff shall be responsible for the preparation of the general warranty deed, and said deed shall delivered to be titled in the name of the City of Fairmont, a West Virginia municipal corporation. 6. Closing: At the closing: (a) The City shall deliver to Plaintiff a check representing immediately available funds in the amount of the One Hundred and Ten Thousand Dollars ($110,000.00) less all prorated expenses as set forth herein, and all amounts necessary to remove any liens and encumbrances against said Property, which are to be paid out of closing. (b) The City shall provide Plaintiff an IRS Form 8283, together with a letter representing that an interest in real property was donated to the City, at closing. (c) Plaintiff shall execute and deliver to the City a General Warranty Deed and any and all other necessary agreements or documents representing the interests in the Property to be conveyed which are in recordable form and which are generally in use. in the State of West Virginia and acceptable to the City, which transfers, sells and conveys to the City all necessary and pertinent Page 5 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont interests of Plaintiff in and to the Property together with all appurtenant improvements, rights, privileges and easements. (d) Real estate taxes and assessments for the Property, if any, shall be prorated on a calendar year (January 1 to December 31) basis between the City and Plaintiff as of the date of closing. If the amount of taxes assessed for the current year cannot be ascertained, taxes will be estimated from the taxes assessed for the preceding year. For the purposes of this agreement, taxes fori the current calendar year shall be those taxes which were assessed as of July 1st of the preceding calendar year. (e) Each party shall pay his/its own attorney's fees and costs. (f) The City agrees to pay for the examination of title and recording fees for the deed and any other necessary document conveying the contemplated interests. (g) Document Preparation Costs and Responsibility: Plaintiff agrees to be responsible for the cost of preparation of the deed of conveyance. (h) The City will not pay and Plaintiff will not receive any monies, which constitute any form of claimed damage in whatever form or extent. Instead, the only monies to be paid by the City to Plaintiff under this Agreement are for the purchase of the Property as aforesaid. 7. Representations, Warranties and Covenants: Plaintiff hereby represents and warrants as follows: (a) Plaintiff agrees to transfer, sell and convey, on the terms and conditions herein stated, the Property and all appurtenant improvements, rights, privileges and easements. Plaintiff agrees and covenants that he will not sell, lease, convey or mortgage the Property or any interest therein during the term of this Agreement or any extension thereof, without the prior written consent of the City. Plaintiff further agrees to execute and deliver to the City any customary Page 6 of 13 Purchase Agreement and Release ofAlI Claims Sears V. City of Fairmont affidavit or other document normally required by a national title insurance company as a condition for the issuance of a title insurance policy to the City at closing. (b) There are no leases, licenses or other agreements, written or oral, granting or allowing any person or entity any right to use or occupy all or any portion of the Property, and Plaintiff shall not enter into any such lease or agreement during the term of this Agreement without the City's prior written consent. (c) Except as specifically set forth herein, Plaintiff has no knowledge of any defects or problems of any nature relating to the Property. 8. Condition Precedent: As condition precedent to closing, this Agreement and the City of Fairmont's obligation hereunder are contingent upon the Council for the City of Fairmont adopting an authorizing ordinance pursuant to the provisions of West Virginia Code S 8-11-3(6) and the Charter of the City of Fairmont and said ordinance becoming effective, which will not occur until thirty (30) days after adoption. 9.Full and Final Release of All Claims Concerning the Complaint: Except for breaches of this Agreement, and in good faith consideration of the covenants, payments and promises set forth in this Agreement, the receipt and sufficiency of which is hereby acknowledged, Plaintiff hereby releases, acquits, and forever discharges any claims that have been asserted or could have been asserted against the City related to the allegations in Plaintiff's Complaint, as well as any past, present and future elected officials, officers, partners, members, agents, attorneys, employees, directors, divisions, affiliates, related entities, insurers, suçcessors and assigns of the City, of any and all past, present, or future claims, cross-claims, counterclaims, third-party claims, liabilities, demands, obligations, actions, causes of action, suits, rights, covenants, contracts, contract obligations, agreements (but not this Agreement), judgments, attorneys' fees, liquidated damages, Page 7 of 13 Purchase Agreement and Release of AlL Claims Sears V. City of Fairmont punitive damages, indemnification, damages, costs, losses of services, losses of opportunities or contracts, expenses, any liability of any kind or nature whatsoever, and any compensation of any nature whatsoever, whether based upon a tort, contract, or other theory of recovery, including, but not limited to, any claims under the West Virginia law and/or federal law, whether known or unknown, foreseen or unforeseen, which he now has, or which may hereafter accrue or otherwise be acquired, on account of the claims asserted in the Plaintiff's S Complaint. 10. Disclaimer ofLiability: It is understood and agreed that this Agreement memorializes a compromise and settlement to avoid the expenses and uncertainty of litigation. It is specifically understood and agreed that the execution of this Agreement is not an admission of liability on the part of the City, or any elected officials, officers, employees and/or representatives of the City. By entering into this Agreement, the City does not admit any legal or factual position or allegation that is or may be asserted in any pending or future action or matter, Purchase of the Property by the City shall not be construed or interpreted in any manner whatsoever as an admission of fault or liability on the part of the City its elected officials, officers, employees and representatives, or any agreement with regard to the damages claimed by Plaintiff. It is expressly understood and agreed that the settlement represented by this Agreement is a compromise of a claim in which the claims, allegations and the damages asserted and sought by Plaintiff are vigorously disputed and are still wholly denied. 11. Dismissal of the Lawsuit, with Prejudice: Following the closing, the Parties agree to enter into an Agreed Dismissal Order and submit the same to the Circuit Court of Marion County, West Virginia providing for the dismissal of the claims asserted by Plaintiff with prejudice. Plaintiff further agrees to fully execute and deliver any and all supplemental documents, and to Page 8 of 13 Purchase Agreement and Release of AUL Claims Sears V. City of Fairmont take all additional actions, which are necessary and appropriate to give full effect to the terms and intent of this Agreement. 12. Warranty of Capacity to Execute Agreement: Plaintiff represents and warrants that no other person or entity has, or has had, any interest in the Property or the claims, demands, obligations, or causes of action referred to in this Agreement, and that he has the sole right and exclusive authority to execute the Agreement and the deed of conveyance, and that he has not sold, assigned, transferred, conveyed or otherwise disposed of the Property or any of the claims, demands, obligations or causes of action referred to in this Agreement. 13. Attorneys' fees/costs: Plaintiff agrees that he is responsible for and shall bear all attorney fees and costs arising from this matter of his own counsel in connection with the dispute and the lawsuit, which are the subject of this Agreement, and hereby releases and waives any claims he has, or may have had, against the City, and any elected officials, officers, employees and/or representatives of the City, for attorneys' fees or costs. 14. Any other liens: Plaintiff agrees and understands that he is responsible for any and all liens, including any liens from the State or Federal government, related to the settlement represented by this Agreement. Plaintiff further agrees to indemnify the City, and any elected officials, officers, employees and/or representatives of the City, and any of its representatives, insurers, heirs executors, administrators, successors, and assigns from whom payment is sought for any unpaid amounts which Plaintiff has failed to pay in accordance with or as a result of this Agreement or any of its terms. 15. Headings and Interchangeability The headings of paragraphs and sub-paragraphs contained in this Agreement are merely for convenience of reference and shall not affect the interpretation of any of the provisions of this Agreement. Whenever the context SO requires, the Page 9 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont singular shall include the plural and vice versa. Whenever the term "include, * including,' or "included" is used in this Agreement, it shall mean including without limiting the foregoing. The recitals contained in this Agreement are, and shall be construed to be, an integral part of this Agreement. This Agreement is deemed to have been drafted jointly by the Parties, and any uncertainty or ambiguity shall not be construed for or against any party as an attribution of drafting to any party. The validity, construction, and enforceability of this Agreement shall be governed in all respects by the internal laws of the State of West Virginia, without regard to principles of conflicts of law. 16. Counse!: THIS AGREEMENT REFLECTS THE AMICABLE SETTLEMENT OF HONEST DIFFERENCES BETWEEN AND AMONG THE PARTIES. PLAINTIFF ACKNOWLEDGES AND AGREES THAT HE HAS READ THIS AGREEMENT IN ITS ENTIRETY, THAT HE UNDERSTANDS THE TERMS AND THAT THE TERMS ARE FAIR AND LEGALLY ENFORCEABLE, THAT HE HAS HAD AMPLE OPPORTUNITY TO NEGOTIATE THROUGH COUNSEL WITH REGARD TO ALL OF THE TERMS, THAT HE HAS ENTERED INTO THIS AGREEMENT FREELY AND VOLUNTARILY, THAT HE HAS CONSULTED WITH COUNSEL CONCERNING THIS AGREEMENT, AND HE HASTHE FULL RIGHT, POWER,AUTHORITY, AND CAPACITY TO ENTER INTO AND EXECUTE THIS AGREEMENT. 17. Enforcement of Agreement: Plaintiff agrees that the Court identified above shall retain jurisdiction to enforce the terms of this Agreement. Plaintiff also agrees that this Agreement may be used as evidence in a subsequent legal proceeding in which either party alleges a breach of the Agreement. Page 10 of 13 Purchase Agreement and Release of AIl Claims Sears V. City of Fairmont 18. Good Faith Settlement: Plaintiff specifically warrants and agrees that this settlement represents a good faith settlement within the contemplation of Board of Education ofMcDowell County V. Zando, Martin and Milstead, Inc., 390 S.E.2d 796 (W.Va. 1990) and Smith V. Monongahela Power Company, 429 S.E.2d 643 (W.Va. 1993). This Agreement is intended to extinguish any pending or potential claim or cross-claim for contribution or indemnity, which any other party may assert against the Parties related to the subject of the Lawsuit. 19. Successors and Assigns: The terms of this Agreement shall be binding upon and enforceable against Plaintiff, and his successors and assigns. 20. Controlling Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of West Virginia. 21. Effectiveness and Severability: This Agreement shall become effective immediately following complete execution hereof by Plaintiff. If any provision of this Agreement shall for any reason be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Agreement shall, in such event, be construed as if such invalid or unenforceable provision had never been contained herein. 22. Disclaimer of Extra Contractual Warranties: Plaintiff expressly represents and warrants that he assumes the risk that the facts or law may be or may become different than the facts or law as presently understood and acknowledges that the parties' adversary relationship precludes any obligation of disclosure except as specifically provided in this Agreement. In executing this Agreement, Plaintiff represents and warrants neither he, nor his attorney(s), have relied upon any statement or representation, other than those expressly contained in this Agreement, pertaining to this matter made by persons and entities who are hereby released. Plaintiff acknowledges he has his own legal counsel of his choice, that this Agreement has been Page 11 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont explained by his legal counsel, that he understands this Agreement, and that he agrees to all terms contained in this Agreement. Further, Plaintiff acknowledges that he has entered into this Agreement of his own free will. Plaintiff acknowledges that neither the City, nor counsel for the City, have made any representations regarding the tax consequences resulting from the payment of the purchase price for the Property, and it is further agreed that the Plaintiff is responsible for determining the tax consequences of this Agreement. Plaintiff represents and warrants that he is not relying on the advice of the City, or anyone associated with the City, including its legal counsel, as to the legal and income tax or other consequences of any kind arising out of this Agreement. Plaintiff agrees and understands that any tax obligations which may arise from any monies or other valuable consideration paid and/or received by and through this Agreement, shall be the sole obligation of the Plaintiff and whatever tax professionals he may choose to consult. Plaintiff agrees that the City shall not be responsible for any potential tax liability that Plaintiff may have related to the payments made hereunder. 23. Entire Agreement: This Agreement contains all of the terms of the settlement between the Parties with regard to the matters set forth herein. The terms of this Agreement are contractual, and not mere recital. There are no other understandings or agreements, verbal or otherwise, in relation thereto, between these parties, except as herein expressly set forth. 24. Reading of Agreement: In entering into this Agreement, Plaintiff represents that he has completely read all terms hereof and that such terms are fully understood and are voluntarily accepted and that he has had the opportunity to consult the counsel of his choice. Page 12 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont IN WITNESS WHEREOF, Plaintiff, Stanley Sears, has hereunto set his hand and seal on this the day of ? 2025. Stanley Sears STATE OF WEST VIRGINIA, COUNTY OF to-wit: The foregoing instrument was acknowledged before me on this the day of 2025, by Stanley Sears. My commission expires: (AFFIX SEAL HERE) NOTARY PUBLIC [Remainder of page intentionally left blank] Page 13 of 13 Purchase Agreement and Release of All Claims Sears V. City of Fairmont ITEM 4 RESOLUTION A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT RE-ESTABLISHING AN AD HOC COMMITTEE FOR PURPOSES OF REVIEWING GRANT APPLICATIONS AND RECOMMENDING FUNDING DECISIONS RELATING TO THE CITY OF FAIRMONT'S OPIOID SETTLEMENT FUNDS SYNOPSIS By this resolution, the Council of the City of Fairmont creates an ad hoc advisory committee to be appointed by the City Manager, whose responsibility it is to review applications for grant funds and to make funding recommendations relating to the use of the City of Fairmont's Opioid Settlement Funds. The committee will consist of four persons = two of whom are full time employees of the City of Fairmont, one from each of the Police and Fire Departments, and two members of the community, which said members of the community must have ties to the City of Fairmont but who may reside outside the corporate limits but within the boundaries of Marion County, West Virginia, all of whom by education, experience, knowledge and/or training have the ability to be provide a meaningful objective review and recommendation relative to the grant applications. The committee members designated by the City Manager are as follows: Jack Frost Ryan Talbert Gerry Schmidt Kevin Sansalone In addition, the City Manager shall serve as ex-officio non-scoring member of the committee. By this resolution, the Council of the City of Fairmont approves the form of the grant application, and the scoring rubric, which provides objective criteria by which the committee will score each application. Upon recommendation of funding by the committee, Council will be presented with the opportunity to confirm or reject each proposed award by resolution. Said resolution further provides for dissolution of the committee, without further action by Council. RESOLUTION A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT RE-ESTABLISHING AN AD HOC COMMITTEE FOR PURPOSES OF REVIEWING GRANT APPLICATIONS AND RECOMMENDING FUNDING DECISIONS RELATING TO THE CITY OF FAIRMONT'S OPIOID SETTLEMENT FUNDS WHEREAS, to date, the City of Fairmont has received two distributions in the aggregate sum of $626,159.28, from the West Virginia First Qualified Settlement Fund (the Fund) resulting from the Opioid Consolidated Litigation before the West Virginia Mass Litigation Panel. WHEREAS, the City of Fairmont has entered into a Memorandum of Understanding with the Fund which constrains the use of the distributions, to include: Supplying Naloxone and other drugs to reverse opioid overdoses; Providing Medication Assisted Treatment Expanding Treatment for Neonatal Abstinence Treating Incarcerated Creating Prevention Programs Evidence Based Data Collection and Analysis Conducting Research Treating Opioid Disorders; and Supporting People in Treatment and Recovery WHEREAS, in order to provide for a meaningful objective review and recommendation relating to the use of the fund consistent with the terms of the Settlement and the Memorandum of Understanding, the City of Fairmont has developed a grant application and a scoring rubric in the forms attached to this resolution. In addition, the City of Fairmont recommends the establishment of an ad hoc committee to review and score the applications consistent therewith and make a recommendation regarding funding same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: SECTION 1. CREATION: There is hereby created an advisory committee to be known as the "the City of Fairmont Opioid Fund Review Committee" which committee shall consist of four persons - two of whom are full time employees of the City of Fairmont, one from each of the Police and Fire Departments, and two members of the community, which said members of the community must have ties to the City of Fairmont but who may reside outside the corporate limits but within the boundaries of Marion County, West Virginia, all of whom by education, experience, knowledge and/or training have the ability to be provide a meaningful objective review and recommendation relative to the grant applications. All committee members shall be designated by the City Manager. Each committee member hereinafter designated shall serve for an indeterminate term and until their replacement is appointed. The City Manager shall serve as ex-officio non-scoring member of the committee. SECTION 2. PURPOSE, DISSOLUTION; LIMITATION (a) The City of Fairmont Opioid Fund Review Committee shall be charged with conducting a meaningful objective review and recommendation relative to each grant application filed with the City of Fairmont relating to the proposed use of the City of Fairmont's Qualified Opioid Settlement Funds. Upon recommendation of funding by the Committee, Council shall be presented with the opportunity to confirm or reject each proposed award by resolution. (b) Roberts Rules of Order shall regulate the conduct of the meetings of such committee. (c) Unless sooner dissolved by subsequent resolution, the City of Fairmont Opioid Fund Review Committee shall be dissolved and shall cease to exist, without any further action by Council, upon having fulfilled the purpose for which it is created. SECTION 3. APPROVAL OF FORM OF APPLICATION AND SCORING RUBRIC: The Opioid Settlement Funds Grant Proposal Application and the Grant Proposal Scoring Rubric in the forms attached are hereby approved; provided however, that the Committee shall be vested with the authority to make changes to said forms as the Committee by a majority vote may approve. SECTION 4. INTENT: It is the intent of Council by the adoption of this resolution to create an ad hoc advisory committee for the limited herein stated and this resolution should not be construed and there is purposes no intent on the part of Council by the adoption of this resolution to create a permanent or temporary municipal department, office, board or agency or to authorize the expenditures of public moneys of the City of Fairmont except as provided in Article V Financial Procedure of the Charter of the City of Fairmont, the State of West Virginia Constitution and the West Virginia Code. Passed this the 25th day of March, 2025. MAYOR ATTEST: CITY CLERK 1 3 2 > 3 E 2 a A Opioid Settlement Funds Please complete the application below in its entirety. You attach additional pages as needed. Applications will be may accepted for up to $100,000.00 for direct services and $50,000.00for indirect service projects. Funds are limited due to the amount of settlement received and projects may not receive full request. A 20% match of funds will be required for all projects; however, a waiver of match waiver may be requested and will be evaluated on a case-by-case basis. Waiver Request forms are available upon request. Funding decisions are at the sole discretion oft the City and the City reserves the right to deny any request for funds and/or waivers of match for any reason. Once submitted, this application and any supporting documents are considered a public record and will be posted on the City's website and made available to the public and the media upon request. PLEASE CERTIFY THAT YOU HAVE REVIEWED EXHIBIT A, SCHEDULE CORE STRATEGIES and SCHEDULE B APPROVED USES A a - PLEASE CERTIFY THAT YOU UNDERSTAND THAT A THE CITY MAY MAKE VISITS DURING THE APPLICATION REPRESENTATIVEIS) OF DURING THE GRANT PERIOD FOR MONITORING PROCESS AND NOTICE. PURPOSES WITHOUT PRIOR Section One: Contact Information Name of Organization and Contact Persons Name for application* Address* Website, if applicable: Phone Number* Email address* FEIN* UE!* Registration in SAM.gov Yes No *Hf yes, please list expiration date Are you in good standing Yes No Section Two: Project Summary Executive summary of the proposal* Please include details regarding the design and strategy of your proposal. 3.5 page maximum Which of the following Core Strategies and Approved Uses will be met? Please check all that apply: Schedule A Core Strategies * Naloxone or other FDA Approved Drug to reverse opioid overdoses. Medication Assisted Treatment ("MAT") Distribution and other opioid related treatment Pregnant & postpartum women. Expanding treatment for Neonatal Abstinence Syndrome Expansion ofy warm hand-off programs and recovery services Treatment of incarcerated population Prevention Programs Evidence based data collection and research analyzing the effectiveness of the abatement strategies Law Enforcement Research Schedule B Approved Uses* Treat opioid use disorder (OUD) Support people in treatment and recovery. Other Provide specific information on how your project will meet the Core Strategies and Approved Uses. * 3.5 page maximum Key anticipated outcomes* Individuals or communities served* Describe your organization's connection to the City of Fairmont* Amount of funding requested* $ Amount of matching funds raised or committed by your organization* $ Source of matching funds raised or committed by your organization" Project timeline' * Include how long it will take you to implement and complete the project if awarded funding. The project period is 12- months. 3.5 page maximum Section Three: Proposal Details Describe the problem or need that your project seeks to address* 3.5 page maximum Total proposed budget* *AInclude the following: 60 A detailed proposed budget Example: Category Amount Source(s) of funding Purpose Personnel Contracts Travel/Training Equipment Other 60 Proposed budget narrative * Describe how you will use the requested funding to complete the proposed project. 3.5 page maximum List any partners in this proposal, the partners' roles, and your with them. * relationship 3.5 page maximum List leadershiplkey personnel* Identify the anticipated leadership/key personnel of the proposal and attach resumes for each person. 3.5/ page maximum Describe your plan for sustainability after the grant award has been exhausted. * 3.5 page maximum Section Four: Organization Information Provide your organization's mission statement. * Describe the history of your organization. * Tell us about your current programs and activities:* Describe three significant accomplishments of your organization within the last three years. * All sources of funding Please list all funds received by your organization from any federal, state, local or private grant awards or funding received in the last year and the current status of those funds. Organization Members* List your Organization's Owner(s), Board of Directors, senior staff members, and other key members of your organization. List the staff involved with this project and describe their roles and responsibilities: Attach the Following: Certifications * Certifications of good standing with the Secretary of State All licensures required from the city All licensures and certifications for all individuals that will be working on this project. All special licensures and certifications required by the state Audited financial statements" Attach one year of the most recent audited financial statements. Statement of Expenditures, Encumbrances, & Appropriations and Cash Flow* Attach your organization's most current monthly Statement of Expenditures, Encumbrances, & Appropriations and Cash flow statement Current operating budget* Attach your organization's current operating budget. *lf) you have made an application for funding for this project from other sources (city, state, private or non-profit organizations) please list the same here. Section Five: Supplementary Information Third-party reference * Please enter contact information for at least one outside third-party reference. NAME EMAILAD PHONE NUMBER TITLEORGANZATION RELATONSHIP1 TOY YOUR ORGANIZATION Supplementary information or documentation Attach any supplementary information or documentation (such as letters of support) that you feel will be essential to the City's review. Signature Name (Print) Title Date While we are unable to help you complete this application, we are more than happy to provide you with clarification. Please contact Rene Graves, Grant Administrator, with any questions at yravslaimonhwgov or. 304-366-6212. X. 321. All projects will run for 12 months from the time of the. signed contract with the ability to apply for a one-year no cost extension. CITY A An FAIRMONT 3 Opioid Settlement Fund Grant Application Attachment A VERIFICATION STATE OF WEST VIRGINIA, COUNTY OF TO - WIT: of Name Title Entity who on behalf of applicant, signed the foregoing, Application for Opioid Settlement Funds, being first duly swor says that the facts and statements therein contained are true except SO far as the facts and statements are therein stated to be on information, and that, SO far as the facts and statements are therein stated to be upon information, the facts and statements are believed to be true. AFFIANT Taken subscribed and sworn to before me this day of 20 Notary Public My Commission Expires: CITy A 0 Attachment B FAIRMONT a a Affidavit of Ownership Beforeme, the undersigned authority, personally: appeared and after being duly sworn, deposes and says: L hereby attest to ownership of thel business entity below: (Owner or LegalRepresentalve- PrintName) Legal Name of Business Entity: Legal Type Sole Proprietorship Partnership Limited Liability Company Corporation Nonprofit Corporation Other Ift the entity is a coporation.parinershp. or LLC, list eachi individual owner and percent of ownership. Owner (Print Name) % Owned Owner (Print Name) % Owned If the business applyingi is owned by a corporation or another legal entity, please specify its name as well: Ihaveread the foregoing. Affidavit, and to the best of myknowledge iti is true and correct. Wlonnemstsgnbobw) PaintName Signature Date Print Name Signature Date Print Name Signature Date Print Name Signature Date Pcint Name. Sigoature Date Priot Name Signature Date Notary Public State of inthe countryof on day. of the month, in the year of before me appeared (name) and stated that he/she is the (title) of (name of organization) and that thei information provided on this form is true and correct. My commissiont expires on (date) otaryPublic: 03/11/2025 1 CITY A 6 Attachment C Opioid Settlement Fund Grant Application FAIRMONT LEITT & - VIRCS Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions A. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, or proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within a 3-year period preceding this proposal been convicted of or had a civil rendered against judgment them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen properly; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (A.2.) of this certification; and 4. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ORGANIZATION NAME /PROJECT NAME: NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVEIS): Prefix: First Name: Middle Name: Last Name: Suffix: Title: SIGNATURE(S): DATE: CITY A 9 Attachment D Opioid Settlement Fund Grant Application FAIRMONT ART 3 NON-DISCRIMINATION IN WORKPLACE CONFORMANCE AFFIDAVIT STATE OF COUNTY OF To Wit: I, after being duly sworn, depose and state as follows: I am an employee, principal or duly authorized agent of and, I do hereby attest that Company/Organizaiotn Name) does not (Company/Name) discriminate against any employee or applicant for employment because ofrace, color, creed, sex, or national origin, or any other form of discrimination in hiring, placement, upgrading, transfer or demotion, recruitment, advertising, or solicitation for employment, training, rates of or other forms of compensation, selection for apprenticeship layoff or termination. pay The above statements are sworn to under penalty of false swearing. By: Name Title: Date: Taken, subscribed and sworn to before me this day of 20 by of Name Title Company Name Notary Public My commission expires: CITY 9 Attachment E FAJIRI MONT 2 GIRTERED3 Opioid Settlement Funds Grant Application E DRUG FREE WORKPLACE CONFORMANCE AFFIDAVIT WEST VIRGINIA CODE $21-1D-5 STATE OF COUNTY OF To Wit: I, after being duly sworn, depose and state as follows: I am an employee, principal or duly authorized agent of (Company/ Name) and, I do hereby attest that maintains (Company Name) a valid written drug free workplace policy and that such policy is in compliance with the provisions of West Virginia Code $21-1D-5. The above statements are swomn to under penalty of false swearing. By: Name Title: Date: Taken, subscribed and sworn to before me this day of 20 by > of Name Title Company Name Notary Public My commission expires: CITY AE AA TAES A FAIRMONT BID Attachment F 1 3 Opioid Settlement Funds CERTIFICATION AND SIGNATURE PAGE By signing below, I on behalf of hereinafter Company, I certify that have reviewed the City of Fairmont's solicitation for the Opioid Settlement Grant Funds in its entirety; that the requirements, terms and conditions, and otheri information contained therein are clearly understood; that the Company is submitting the application to the City ofFairmont and if awarded understands the time period stated in the solicitation; and that I am authorized by the Company to execute this certification and any documents relating thereto on the Company's behalf. Company Representative Name & Title (Print) Representative Signature Date Contact Phone Contact Fax Email Address CITY Attachment F a A 3 4 9n Opioid Settlement Fund Grant Application FAIRMONT 3 NON-LITIGATION CERTIFICATE By signing below, I on behalf of hereinafter Company, do hereby certify that Company has not within the past three (3) years been a party and is currently not aj party to any actual or threatened litigation, mediation or arbitration arising out of performance of any contract with any local, state or federal government entity. Dated this day of 20 Company Name By: Name Printed Name of Authorized Representative Title: Date: Match Waiver Request Sample Letter Subrecipient Agency Letterhead Date To: Opioid Settlement Fund Grant Program Manager Address RE: Match Waiver Request for Grant number 20 Dear Program Manager: In reference to; Opioid Funding number: 20xx Name of Subrecipient Agency: Subgrant Number: Project Period: TOTAL Award Amount: Match required (before waiver): Subrecipient Agency can meet: $ amount Subrecipient Agency Requests to be waived: $ amount Percent of Waiver request: amount % Justification: Sincerely, Qualified signatory Executive Director, President, CFO, CEO Revised 3/2025