FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 8, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGEND A I. CALL TO ORDER = Mayor Bolyard II. ROLL CALL OF MEMBERS = Janet L. Keller, City Clerk III. OPENING CEREMONIES A. Prayer/Meditation = Ken Wright B. Pledge Of Allegiance = Councilmember Warner C. Proclamation Fair Housing Month IV. APPROVAL OF MINUTES Regular Meeting March 25, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Purchase Of 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. B. ANNOUNCEMENTS VI. CITIZENS PETITIONS 1. Larissa Cason, Director of the Marion County Public Library VII. CITY MANAGER'S REPORT - Travis L. Blosser, City Manager 1. Audit Report = Priscilla Hamilton, Finance Director VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Purchase Of 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. B. NEW BUSINESS 2. Adoption, A Resolution Of The Council For The City Of Fairmont Endorsing The Frank-N-Stein Craft Beer And Hot Dog Festival Sponsored By Main Street Fairmont, In Conjunction With The Marion County Chamber Of Commerce, To Be Held In The City Of Fairmont's Downtown Historic District On Saturday, November 1, 2025. IX. ADJOURNMENT MINUTES 3/25/25 March 25, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 25th 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. Councilmembers present were: First District Joshua D. Rice Second District Anne E. Bolyard Third District Rebecca Moran Fifth District Charles "Chuck" Warner Sixth District Daniel "Dan" Weber Seventh District Julia "Julie" Sole Eighth District Bruce McDaniel Ninth District Kandice "Kandi" Nuzum Absent: Fourth District Anthony T. Horton Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Marketing Manager David A. Kirk Director of Planning Shae Strait Finance Director Priscilla A. Hamilton Grant Administrator Rene Graves Utility Manager John Carson Police Chief Steve Shine Police Lieutenant Tyler Hall IN RE: EXCUSE COUNCILMEMBER HORTON Mayor Bolyard made a motion to excuse Councilmember Horton. The motion was seconded by Councimember McDaniel. The Mayor deciared Councilmember Horton excused by voice vote of Council. 1 IN RE: OPENING CEREMONIES Dr. John Polis gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Rice. IN RE: FSU MEN AND WOMEN'S BASKETBALL TEAMS RECOGNIZED Mayor Bolyard recognized the women's basketball team from Fairmont State University, ranked No. 19, for defeating Glenville State University for the Mountain East Conference Championship. This is the second year in a row they have won the MEC Championship. The Mayor announced that Coach Stephanie Anderson was named Coach of the Year. The Mayor also recognized the FSU's men's pasketball team, ranked No. 11, for defeating 5th-ranked West Liberty in triple overtime to win the Mountain East Conference Championship. Coach Tim Koenig said a few words and introduced each player. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on March 11, 2025. She asked if there were any corrections, deletions, or amendments. Councilmember Sole moved to approve the March 11, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councilmember McDaniel. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on March 14, 2025, a public hearing was convened to obtain citizen input on an ordinance to provide for the creation of the position of Deputy Police Chief. 2 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 7:12 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on March 14, 2025, a public hearing was convened to obtain citizen input on an ordinance which provides for the City of Fairmont's current Pay Plan and List of Occupational Classes for all class titles and employees. The Mayor asked if anyone present desired to speak to the proposed ordinance. Priscilla Hamilton, Finance Director, spoke in favor of the proposed ordinance. She said that the changes that are in the Pay Plan are in agreement with the FY25 Budget that Council passed on March 11th. This Pay Plan will also show your support for City staff as they continue to provide excellent skills and services to the residents of the City of Fairmont. Mr. Blosser also spoke in favor of the proposed ordinance. He noted that it encompasses the changes and what we have budgeted for the forthcoming fiscal year. He then gave thanks to the Finance Director, the Finance team, and the Department Heads on the production of the budget as well as the Pay Plan ordinance that encompasses the changes associated with that budget. Councilmember McDaniel thanked the City Manager and City staff for coming 3 up with a Pay Plan that rewards our employees and meets the needs of both the budgetary process and the employees. There being no one else to speak, the public hearing was called to a close at 7:14 p.m. ANNOUNCEMENTS IN RE: CONDOLENCES TO THE FAMILY OF BUTCH TENNANT Councilmember Rice extended his sympathy and condolences to the family of Butch Tennant who passed away last week. He noted that Butch was a big part of his life. He said his passing was a big loss for the City and the County. IN RE: MARION COUNTY FOOD PANTRY Councimember Moran announced that tomorrow will be the Marion County Food Pantry from 8:30 a.m. to 11:30 a.m. She said that donations are always accepted from anyone who would like to donate to the food pantry. IN RE: BETTER HOPE BRUNCH Councimember Nuzum reminded everyone of the Better Hope Brunch on Saturday, April 12th at 10:00 a.m. at the Whitehall Event Center. IN RE: POLICE DEPARTMENT PROMOTIONS The Mayor announced a well-deserved congratulations to the following officers being promoted to Lieutenant last week: Lt. Eric Hudson, Lt. Jack Frost, Lt. Tyler Hall, Lt. Jared Martin, and Lt. Adrian Hayhurst. IN RE: FAIRMONT FIRE DEPARTMENT RECOGNIZED The Mayor extended her appreciation to the Fairmont Fire Department for participating in the WVU Medicine Children's Fill the Helmet fundraiser last week. She noted this was a fundraiser for WVU Medicine Children's. She thanked the department for serving the City in SO many ways that go beyond the emergency calls and the protection of lives. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER'S REPORT 4 IN RE: WV MUNICIPAL LEAGUE CONFERENCE Mr. Blosser reported that he and a couple members of City Council as well as city staff attended the WV Municipal League Conference last week in Charleston. He noted that it was their Legislative Conference. The meetings with the Legislative delegation were extremely productive and he thought we had leadership that is cognitive of our thoughts and our feelings and is hearing things that we have to say as a community specifically around DOH related work as well as support towards the DLAP funding from DEP that the City has received to take care of blight. He said that he appreciated their support and being able to talk with them about various projects that we are working on. He mentioned that he left feeling that everything we talked to them about, they were very receptive to. IN RE: FY25-26 BUDGET The Manager said that the new FY25-26 Budget is on the City's website including his budget message. IN RE: CONGRATULATIONS TO POLICE LIEUTENANTS Mr. Blosser extended his congratulations to our promoted lieutenants. He noted that we have a Sergeant's exam forthcoming and he looks forward to the promotions associated with that. IN RE: DOH PATCHING ROADS The Manager shared that the WV DOH has patched potholes on Locust Avenue and Country Club Road. He said that the state is continuing to keep their word that they are focusing and prioritizing DOH maintained roads within the City of Fairmont. He noted that they are actually milling out sections that are issues and patching those. He mentioned that he appreciates the relationship with the DOH. CONSIDERATION OF COUNCIL BUSINESS IN RE: 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. 5 The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to provide for the creation of the position of Deputy Police Chief. Motion: Councilmember 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 those Councilmembers present and the ordinance designated as Ordinance No. 2070 was duly adopted. IN RE: 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. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption 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: Councimember Nuzum moved for the adoption of the proposed ordinance. Councilmember Sole seconded the motion. 6 Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of those Councilmembers present and the ordinance designated as Ordinance No. 2071 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF 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. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance authorizing the purchase of real estate located on Merchant Street from Stanley M. Sears. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councllmember Warner seconded the motion. The Mayor declared the public hearing set for April 8, 2025. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT 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 The Clerk read the proposed resolution by synopsis. Mayor Bolyard entertained a motion for the adoption of a resolution establishing an Ad Hoc Committee for purposes of reviewing grant applications and recommending funding decisions relating to the City's Opioid Settlement 7 Funds. councimember McDaniel moved for the adoption of the proposed resolution. Councilmember Sole seconded the motion. Discussion: Mr. Blosser stated that should this be adopted this evening, we intend that the portal on our website will be available for application submissions beginning May 1st and we will do work to make sure that is put out in the news and in the media around that date. He is also working on being able to share those approved applications that City Council ultimately approves. He said during the work session, Council said that wanted to see the data that we are actually seeing tangible results with this money and it is actually going where it needs to. He gave thanks to Rene Graves, Grant Administrator, for doing a lot of work around this and to Kevin Sansalone, City Attorney, which is why he thought it was extremely prudent that he be on this Ad Hoc Committee reviewing the applications. Councilmember Rice asked if the meetings will be open to the public. Mr. Blosser replied yes. He said the meetings are required to be open to the public as it is an Ad Hoc Committee. The Mayor noted that the grant application and all of that information is public information. She also thanked Kevin and Rene for their work that went into this to make a difference in our community. Councilmember Rice asked if anyone from the City can help people fill out the applications. The Manager said yes, as much as is appropriate, they will be able to contact Rene. He added that we want to see everybody getting access to grant dollars and funds that are available SO, yes, Rene, will be available. He noted that is also why she is not a scoring member of this group, SO she can help provide the last thing we want to get stuck in is that someone submitting an application is not even reviewed because they failed to provide certain basic documentation. Rene will be able to serve that purpose and if they have a question, they will be able to reach out to her. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present. 8 ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember McDaniel moved to adjourn the meeting. The motion was seconded by Councilmember Sole. The Mayor declared the meeting adjourned by voice vote of Council at 7:31 p.m. 9 PUBLIC HEARINGS PUBLIC HEARINGS April 8, 2025 1. An Ordinance Of The Council Of The City OfFairmont 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. ITEM 1 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 dentified 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. AUTHORIZATION/APPROVAL: 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 All 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 1S 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 AII 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,' * 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 of AlI 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 of AUl 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. Ifa 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 for the current calendar year shall be those taxes which were assessed as ofJuly Ist 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 of All 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, successors 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 Agrememt.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 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 ofAII 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 AUI 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. Counsel: TAIS 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 ENTHRETY, 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 HIS AGREEMENT, AND HE HAS THE FULL RIGHT, POWER, AUTHORITY, AND CAPACITYTO ENTER INTO AND EXECUTE THIS AGREEMENT. 17. Enforcement of Agreement: Plaintiff agrees that the Court identified above shall retainj 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 AllI Claims Sears V. Cily 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 of McDowell 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 Iaw 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 Apreement: 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 AII Claims Sears V. City of Fairmont IN WITNESS WHEREOF, Plaintiff, Stanley Sears, has hereunto set his hand and seal on this the day of 9 2025. Stanley Sears STATE OF WEST VIRGINIA, COUNTY OF to-wit: The foregoing instrument was acknowledged before me on this the of 2025, by Stanley Sears. day 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 2 RESOLUTION RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE FRANK-N-STEIN CRAFT BEER AND HOT DOG FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, IN CONJUNCTION WITH THE MARION COUNTY CHAMBER OF COMMERCE, TO BE HELD IN THE CITY OF FAIRMONT'S DOWNTOWN HISTORIC DISTRICT ON SATURDAY, NOVEMBER 1, 2025. SYNOPSIS This proposed resolution provides for the City of Fairmont's support for Main Street Fairmont's Frank-N-Stein Craft Beer and Hot Dog Festival to be held in the City of Fairmont's Downtown Historic District on Saturday, November 1, 2025. This resolution contains a disclaimer that by supporting this event no relationship is created between the City of Fairmont and the event sponsors. RESOLUTION RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE FRANK-N-STEIN CRAFT BEER AND HOT DOG FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, IN CONJUNCTION WITH THE MARION COUNTY CHAMBER OF COMMERCE, TO BE HELD IN THE CITY OF FAIRMONT'S DOWNTOWN HISTORIC DISTRICT ON SATURDAY, NOVEMBER 1, 2025. WHEREAS, Main Street Fairmont and the Marion County Chamber of Commerce have slated Saturday, November 1, 2025, as the date for the Frank-N- Stein Craft Beer and Hot Dog Festival to be held in the City of Fairmont's Downtown Historic District. WHEREAS, Council for the City of Fairmont, recognizing that such public events play an important role in the development of a sense of community, finds that it is in the City's best interest to support and endorse said event. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FAIRMONT THAT: SECTION 1. ENDORSEMENT. The City of Fairmont does hereby support and endorse Main Street Fairmont's Frank-N-Stein Craft Beer and Hot Dog Festival to be held in the City of Fairmont's Downtown Historic District on Saturday, November 1, 2025. SECTION 2. DISCLAIMER. By supporting/endorsing this event, the City of Fairmont does not intend to create any relationship by and between it and the event sponsor, Main Street Fairmont or the Marion County Chamber of Commerce, and nothing herein contained shall be construed SO as to create any such relationship, whether in the nature of a partnership, joint venture, joint enterprise, or any other relationship, or as constituting Main Street Fairmont or the Marion County Chamber of Commerce as the agent or representative of the City of Fairmont for any purpose, and any such relationship is hereby disclaimed. SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately. Passed this the 8th day of April, 2025. MAYOR ATTEST: CITY CLERK