FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, MAY 13, 2025 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGE N - DA I. CALL TO ORDER - Mayor Bolyard II. ROLL CALL OF MEMBERS = Janet L. Keller, City Clerk III. OPENING CEREMONIES A. rayer/Meditation = Jennifer Soltys B. Pledge Of Allegiance = Councilmember Weber C. Proclamation - EMS Week IV. APPROVAL OF MINUTES Regular Meeting - April 22, 2025 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Authorizing The Renewal Of A Certain Letter Of Credit, No 2001-525, In An Amount Not To Exceed $750,000.00, Issued By WesBanco Bank To The City Of airmont For Purposes Of Satisfying A Portion Of The Self- Insured Security And Insurance Requirements Of The West Virginia Workers' Compensation Act For Fiscal Year 2025- 2026. 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 Authorizing The Renewal Of A Certain Letter Of Credit, No 2001-525, In An Amount Not To Exceed $750,000.00, Issued By WesBanco Bank To The City Of Fairmont For Purposes Of Satisfying A Portion Of The Self- Insured Security And Insurance Requirements Of The West Virginia Workers' Compensation Act For Fiscal Year 2025-2026. B. NEW BUSINESS 2. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Authorizing And Regulating Private Outdoor Designated Areas In The City Of Fairmont. 3. Adoption, A Resolution Providing For An Amendment To The City Of Fairmont's 2024-2025 Annual Budget: General Fund. 4. Adoption, A Resolution Providing For An Amendment To The City Of Fairmont's 2024-2025 Annual Budget: Coal Severance. 5. Adoption, A Resolution Of The Council Of The City Of airmont Approving And Authorizing The City Of Fairmont To Convert The Method Of Financing The City Of Fairmont's Police Pension And Relief Fund From The Conservation Method Of Financing On A Pay-AS-You-GO Basis As Provided By West Virginia Code $8-22-20(F) To The Optional-II Method Of Financing As Provided By West Virginia Code $8-22-20(G). 6. Adoption, A Resolution Of The Council Of The City Of Fairmont Approving And Authorizing The City Of Fairmont To Convert The Method Of Financing The City Of Fairmont's Fire Pension And Relief Fund From The Conservation Method Of Financing On A Pay-As-You-Go Basis As Provided By West Virginia Code $8-22-20(F) To The Optional-II Method Of Financing As Provided By West Virginia Code $8-22-20(G). 7. Adoption, A Resolution Of The Council Of The City Of Fairmont Authorizing The Expenditure Of The Pfizer And Ranbaxy Atorvastatin (Lipitor) Settlement Funds In The Amount Of $25,000.00 For Public Recreational Opportunities And Equipment. 8. One Appointment, Marion County Public Library Trustee Board, Five-Year Term Ending June 30, 2030. EXECUTIVE SESSION Pursuant To WV Code $6-9A- 4(b)(2)(A) And City Charter 2.11 (a)(1)A To Consider Matters Arising From The Appointment, Employment, Retirement, Promotion, Transfer, Demotion, Disciplining, Resignation, Discharge, Dismissal or Compensation Of A City Officer. IX. ADJOURNMENT MINUTES 4/22/25 April 22, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 22nd day of April, 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. Counciimembers present were: 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 Absent: First District Joshua D. Rice Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Marketing Manager David A. Kirk IN RE: COUNCILMEMBER RICE EXCUSED Mayor Bolyard made a motion to excuse Councilmember Rice from tonight's meeting. The motion was seconded by Councimember McDaniel. The Mayor declared Councilmember Rice excused by voice vote of Council. IN RE: OPENING CEREMONIES Rev. Isaac Harman gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. IN RE: PROCLAMATION PRESENTED FOR CHILD ABUSE PREVENTION AWARENESS MONTH Mayor Bolyard presented a proclamation to Mike Baker and Jess Emery with CPS and DHHR recognizing April as Child Abuse Prevention Awareness Month. Mike Baker, Executive Director of the Marion County Child Advocacy Center, thanked City Council for the support they receive from the City and recognizing the importance of child abuse prevention. He said that unfortunately, they do not have a magic wand to change what has happened to these kids but what they can do is try to prevent other children from going through the things that some kids have gone through and to promote healing and help children and families recover. Jess Emery, with CPS, said it is a lot to have other agencies acknowledge them and help them out as a community. IN RE: PROCLAMATION PRESENTED FOR SEXUAL ASSAULT AWARENESS MONTH Mayor Bolyard presented a proclamation to Lt. Hall with the Police Department and to Sherry Wilson, an advocate for Hope, Inc., recognizing April as Sexual Assault Awareness Month. Ms. Wilson thanked Council for the proclamation. She said that domestic violence is a serious issue and Hope, Inc. supports efforts to prevent it and to help survivors and they would not be able to do the work they do without the City's support. Lt. Hall said that all three of these organizations are very helpful to the Police Department in how they do their jobs. He noted that they are very good people and are always there to help their agency when they need it and they make their job a lot smoother. He also thanked Council for supporting them for all of the years that they have been here in Marion County. APPROVAL OF MINUTES IN RE: MINUTES FOR THE APRIL 8, 2025 MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on April 8, 2025. She asked if there were any corrections, deletions, or amendments. Councilmember McDaniel moved to approve the April 8, 2025 Regular Meeting 2 minutes as submitted. The motion was seconded by Councimember Weber. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: MINUTES FOR THE APRIL 15, 2025 LEVY MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Levy Meeting held on April 15, 2025. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember Nuzum moved to approve the minutes for the April 15, 2025, Levy Meeting as submitted. The motion was seconded by Councimember Warner. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS No public hearings were scheduled for this meeting. ANNOUNCEMENTS IN RE: STAFF COMMENDED FOR CITY PARKS Councimember Moran thanked City staff for all of the work that they have been putting into our parks. She mentioned that she has visited most of them and they look better than she has ever seen them. IN RE: PASSING OF COUNCILMEMBER HORTON'S MOTHER Councimember Horton thanked City Council for the kind words and support during the recent passing of his mother. IN RE: LITERACY FAIR Councilmember Sole announced that the Marion County School's Family Literacy Fair will be held on Saturday, May 3rd and will include a student art exhibit. She noted that it will be held at the National Guard Armory and is free for everyone in the community. IN RE: NATIONAL DAY OF PRAYER 3 Councilmember Nuzum announced that National Day of Prayer will be held on Thursday, May 1st at Palatine Park. She said that it starts at 5:00 p.m. to 6:00 p.m. with a community fellowship with food and activities for the kids and the prayer will begin at 6:00 p.m. IN RE: WELCOME EXTENDED TO JACKSON AND JONNIE LEMONS Mayor Bolyard welcomed Jackson Lemons and Jonnie Lemons to City Council. They are working on and completing their Citizen in the Community Merit Badges. They are from Troop and Pack 16 from H&H Chapel. The Mayor noted that she had the privilege to spend some time with them last week when they interviewed her about what it means to be a citizen in this country, the Constitution, and what it means to be a Mayor and an active supporter and member of her community. CITIZENS PETITIONS JACKSON LEMONS, stated that he is a scout from Troop and Pack 16 from H&H Chapel and he is working toward his Citizenship in the Community Merit Badge and is also working on his first-class rank for boy scouts. JONNIE LEMONS said that he has finished his Webelo rank and is working toward Arrow of Light. He noted that he was moving up to boy scouts next year. He thanked the Mayor for talking to them last week. Mayor Bolyard said it was her pleasure talking with them. She said that they are both very impressive leaders now and future leaders in the community. On behalf of Council, she wished them the absolute best and looks forward to see what they will accomplish in the years to come. IN RE: CONDITION OF CLEVELAND AVENUE - ROUTE 250 DAVID KENNEDY, Wilson Street, addressed Council regarding the condition of Cleveland Avenue from Jackson Street to Crematory Hill. He said that this was the magic mile of trash that is the north entrance to Fairmont between the stop light at Cleveland Avenue and all the way to Crematory Hill. It is an embarrassment and he had no idea how bad it was until he had to drive to New Martinsville last night. He said that we need a clean-up project and suggested to take one of the people out of the Code Enforcement Department and put them in charge of all of the entrances to the City. He said with them, the labor force is certainly going to come from the Parks and Recreation people because they are mowing the Connector now. He commended whoever set it in motion that we use our people to clean the Connector but the fact remains that the approach to the north, Route 250, is a horrible eyesore. He said a 4 mattress has been there at the old Casa Blanca site for over a year. He went on to say that our City is more than that and it is the best effort we can give. He said that one thing is needed and that would be a notification to the property owners that this entity is coming out to clean up their property. This would be considered a limited use variance or a limited use ordinance for that property because its not going to be ongoing. Some of the people do not have the means or even care to clean it up but it is worth the look. He closed by saying that we owe it to ourselves to do better. Councimember Weber stated that Frank Yann, when he served on Council years ago, would talk about the entrance to the City from the Gateway Connector by McDonald's and Wendy's on the East Side that it was always filled with water, etc. over the sign that said about the organizations. He said the City sent someone out and cleaned that up for the time being but then the next year comes and we get more issues. He then said that he suggested several years ago, which no one has taken up on it, is that we put a sidewalk from Cleveland Avenue at least to the Fairmont Hills Apartments because people walk that road. He noted that our entrances to our city are horrendous. CITY MANAGER'S REPORT IN RE: CLEVELAND AVENUE Mr. Blosser reported that section of Cleveland Avenue needs to be addressed and it will be. Some of the property owners have been cited relative to some of the issues but because we know how that process plays out; we are also working actively at a contractor because there are a couple areas where we have some issues due to the left-over things from our nomeless-related issues that we have. We are going to address those areas but as for the clean-up and mow that area is on Public Work's radar, he will say that this is the first time our crews over the last several years are now back mowing the Connector. We have our staff handling that. The area that Councilmember Weber talked about on East Park Avenue exit, our crews are now regularly mowing that area as well. He asked people to be a little bit patient with us and our guys are working it. When we took over the Connector, our guys are trying to get themselves organized in a fashion to where they can get that knocked down in a day and then move on to other issues. IN RE: DEMO DAY EVENT The Manager thanked everyone from the public and Council that was able to make the Demo Day Event at the old Fairmont Box Factory. That facility will be on the ground at the end of May. 5 IN RE: DEMOLITION STRUCTURES Mr. Blosser reported that there are six current structures under imminent danger that are currently being demolished right now by Reclaim. There are seven additional structures that are going through the process of evaluation by CEC and we are working aggressively to try to target, based on the existing list that we have, and we have about 30 remaining structures on that list. We are also putting together our game plan as the discussions with DEP seemed favorable to the potential for additional funding through the DLAP program next year, outside of next year, we do not know what the funding is going to look like because there was not additional funding provided to that in this legislative session but we do believe there will be one more round of funding and we really want to target how we can get that list taken care of. We need to figure out what that strategy looks like in terms of investing in structures before they reach a dilapidated state. IN RE: PARK UPDATES The City Manager reported the following regarding the city parks: Windmill Park Pickleball courts will wrap up in May Plan to mobilize beginning next week on the construction of the new pavilion and corn hole board location. Beginning our discussions to prepare for next fiscal year for the restroom and concession stand replacement. This will also allow for us to build a patio area associated with this with benches and umbrellas for people who are utilizing the concession stand area. Turfing and lighting upgrades to the softball fields Norwood Park We are beginning to see significant amount of development. In May, we will see things to come up out of the ground on that site. We are very hopeful that we can do a walk though that will be at substantial completion hopefully toward the end of May. Morgantown Avenue Mini Park We are aggressively working to plan for that park facility. We were able to lock in pricing for the park equipment that will go in this park as well as in Bellview. We are also trying not to close Morgantown Avenue Mini Park until school lets out. It may be closing the first week of June and while it closes in June, hopefully, the Norwood Park ribbon cutting will take place and for the kids to play there throughout the summer. 6 He has a meeting next week with Fairmont Rotary about their potential investment in that project as well. Bellview Park We have already been able to lock in that pricing around the playground equipment. This project will kick off in the fall SO that we do not have to remove playground equipment for the kids during the summer. We are also looking at changes to the additional parking ayout that we plan to put into that park. Currently, it has parking limitations. IN RE: CLEARWELL TANK Mr. Blosser reported that the new Clearwell Tank has the second ring of steel on it. The third ring of steel will be going up next and then it will be capped off. We intend that the Clearwell Tank will be back in service by the end of May. IN RE: PLEASANT VALLEY ROAD LINE REPLACEMENT The Manager stated that the Pleasant Valley Road line replacement is expected to break ground in the next month or SO. IN RE: CONGRESSIONAL DIRECTED SPENDING SUBMITTED Mr. Blosser announced that, officially today, we have submitted our first of two congressional Directed Spending requests. He said that $3.5 million for the replacement and renovation of the Watson Fire Station as well as $500,000 to further our Façade Improvement Program across the City. This brings, based on our existing grants that are still pending, it somewhere close to about $9 million dollars in submissions that we have submitted over the last year. He added that we are hopeful that EPA and the Assistance to Firefighters that we will be receiving news within the next couple of months around those two projects. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS' COMPENSATION ACT FOR FISCAL YEAR 2025-2026 7 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 renewal of the Letter of Credit for Workers Compensation. Motion: Councilmember Sole moved for the introduction of the proposed ordinance. Councilmember McDaniel seconded the motion. The Mayor declared the public hearing set for May 13, 2025. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE DISPOSITION OF CERTAIN PERSONAL PROPERTY OF THE CITY OF FAIRMONT, NAMELY A GREEN AND TAN DOG PARK KIT, BY TRANSFER OF SAME TO THE MARION COUNTY PARKS AND RECREATION COMMISSION (MCPARC), AN INSTRUMENTALITY OF THE MARION COUNTY COMMISSION, A STATUTORY PUBLIC CORPORATION, FOR USE AT THE EAST MARION DOG PARK, WHICH IS LOCATED IN THE CORPORATE LIMITS OF THE CITY OF FAIRMONT The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution authorizing the disposition of a dog park kit by transferring it to the Marion County Parks and Recreation Commission (MCPARC). Motion: Councilmember Sole moved for the adoption of the proposed resolution. Councimember Nuzum seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE ADOPTION OF THE CITY OF FAIRMONT FLEXIBLE BENEFIT PLAN (CAFETERIA PLAN) TO BE EFFECTIVE JULY 1, 2025; RATIFICATION The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution 8 authorizing the adoption of the Flexible Benefit Plan (Cafeteria Plan) effective July 1, 2025. Motion: Councilmember Nuzum 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. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPOINTING JEFFERY W. LILLY, ESQ., MUNICIPAL. JUDGE FOR THE CITY OF FAIRMONT FOR A TERM OF FOUR YEARS COMMENCING JULY 1, 2025, AND UNTIL JUNE 30, 2029 The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution appointing Jeffery W. Lilly, Esq. as Municipal Judge for a term of four years commencing July 1, 2025 and until June 30, 2029. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember Sole seconded the motion. Discussion: Councimember Weber asked for a copy of Mr. Lilly's packground. Mr. Blosser noted that he can share a copy in his Weekly Report. 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: 9 Councimember McDanie! moved to adjourn the meeting. The motion was seconded by Councilmember Warner. The Mayor declared the meeting adjourned by voice vote of Council at 7:37 p.m. 10 PUBLIC HEARINGS PUBLIC HEARINGS May 13, 2025 1. An Ordinance Authorizing The Renewal Of A Certain Letter Of Credit, No 2001-525, In An Amount Not To Exceed $750,000.00, Issued By WesBanco Bank To The City Of airmont For Purposes Of Satisfying A Portion Of The Self- Insured Security And Insurance Requirements Of The West Virginia Workers' Compensation Act For Fiscal Year 2025- 2026. ITEM 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS' COMPENSATION ACT FOR FISCAL YEAR 2025-2026 SYNOPSIS By this proposed ordinance, the Council for the City of airmont authorizes and approves the renewal of the WesBanco Bank Irrevocable Letter of Credit, No. 2001-525, in amount not to exceed $750,000.00, and further authorizes the City Manager, or his designee, to do all things reasonable and necessary to in connection therewith, including full power and authority to execute and deliver, on behalf of the City of Fairmont, any and all necessary documents and to pay any and all necessary premiums. The Irrevocable Letter of Credit fulfills a portion of the City's self- insurance requirements under the West Virginia Workers' Compensation Act to provide security and insurance to protect against the risks associated with injuries arising in the course and scope of employment, including the risk of catastrophic injury. The final amount of the letter of credit will be fixed by supplemental resolution of Council as directed by the State of West Virginia Worker's Compensation Division predicated upon an audit of the City's account. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS' COMPENSATION ACT FOR FISCAL YEAR 2025-2026. WHEREAS, the City of Fairmont, hereinafter City, employs on an average of approximately 200 full time employees. WHEREAS, the City is an "employer" within the meaning of and as defined by West Virginia Code $23-2-1, the West Virginia Workers' Compensation Act, and is required to subscribe to the Workers' Compensation Fund for the protection of its employees. WHEREAS, in order to fulfill its obligation under West Virginia Code $23- 2-1, the City in 1986, pursuant to the provisions of West Virginia Code $23- 2-9, applied for and received permission from the Fund and has continuously been self-insured regarding its workers' compensation risk, including the risk of catastrophic injury. WHEREAS, after the payment of all claims, premiums and costs, the City's self-insurance practices have resulted in average annual surpluses for many years. WHEREAS, the City, in order to satisfy a portion of the self-insurance requirements of the Fund, has historically provided an irrevocable letter of credit issued by WesBanco Bank, being Irrevocable Letter of Credit No. 2001- 525, the amount of which letter of credit is subject to annual determination by the State of West Virginia Worker's Compensation Division predicated upon an audit of the City's account. WHEREAS, West Virginia Code $8-11-3 provides that the action of a governing body which authorizes the issuance of any form of indebtedness shall be by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT: SECTION 1. The Council for the City of Fairmont does hereby authorize and approve the renewal of WesBanco Bank Irrevocable Letter of Credit No. 2001-525, upon its maturity date of June 30, 2025, in an amount not to exceed $750,000.00. SECTION 2. The City Manager or his designee, on behalf of the City of Fairmont, be and is hereby authorized and empowered to act in accordance with law and to do all things reasonable and necessary to in connection with said Irrevocable Letter of Credit, including full power and authority to execute and deliver, on behalf of the City of Fairmont, any and all necessary documents and to pay any and all necessary premiums relating thereto. SECTION 3. The final amount of the letter of credit shall be fixed by supplemental resolution of Council as directed by the State of West Virginia Worker's Compensation Division predicated upon an audit of the City's account. Passed this the day of 2025. MAYOR ATTEST: CITY CLERK ITEM 2 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING AND REGULATING PRIVATE OUTDOOR DESIGNATED AREAS IN THE CITY OF FAIRMONT SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont creates a private outdoor designated area in the City of Fairmont City Center as set forth on the attached map pursuant to the provisions of West Virginia Code W. Va. Code SS 8-12-26 and 60-7-8g. ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING AND REGULATING PRIVATE OUTDOOR DESIGNATED AREAS IN THE CITY OF FAIRMONT WHEREAS, the West Virginia legislature has authorized municipalities to establish Private Outdoor Designated Areas, as defined by W. Va. Code SS 8-12-26 and 60-7-8g, where customers of West Virginia Alcohol and Beverage Control Administration Class A license holders can carry their drinks with them outside oft the bar, restaurant, or other establishment where it was purchased and socialize and visit other businesses within the area; and WHEREAS, similar programs, in other jurisdiction have been implemented successfully to encourage community activities and promote local businesses; and WHEREAS, the City of Fairmont intends to establish a designated area for these purposes; NOW THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: A new article, being Article 907 within Part Nine Streets, Utilities and Public Services Code, Chapter One - Streets and Sidewalk Areas and Police Protection is established within the City Code entitled "Private Outdoor Designated Areas," as follows: Sec. 907.01. Purpose and Intent. Pursuant to the provisions ofWest Virginia Code sections $8-12-26 and $60-7-8g, one or more private outdoor designated areas may be created within the City. Sec. 907.02. Definitions. Commissioner means the West Virginia Alcohol Beverage Control Commissioner. PODA Permit means the permit issued by the City to Class A Licensees allowing them to participate in the private outdoor designated area and to apply for an S4 license from the Commissioner. Private Outdoor Designated Area means public property that has become a legally demarcated area established by a municipal ordinance as set forth in W. Va. Code $8-12-26 for the consumption of liquor, wine, nonintoxicating beer, and nonintoxicating craft beer. Special Event Location(s) means a location within a private outdoor designated area in which the private outdoor designated area maybe suspended for the purpose ofholding a special event or events that do not participate in the private outdoor designated area. Qualified Permil Holder means the holder of a Class A license or Class S2 license that elects to operate within a private outdoor designated area that has been issued a Class S4 license pursuant to the W. Va. Code SS 60- 7-1 et seq. Sec. 907.03. Private Outdoor Designated Areas. (a) The following area(s) is/are established as Private Outdoor Designated Areas (PODAs) in accordance with applicable state law and the provisions ofthis Article: (I) Fairmont Private Outdoor Designated Area ("PODA"). (A) Boundary The entire width ofthe portions of ROWs described shall be included, unless explicitly stated otherwise. Beginning at the intersection Washington St and Madison St, go north to Adams St, then east on Adams St to Quincy St, then north to Jackson St, then west to Cleveland Ave, then south to Adams St, then southwest down Fairmont Ave to Ist St, then northwest the alley between Fairmont Ave and Walnut Ave, then through the alley southwest to 2nd St, then southeast to the alley between Fairmont Ave and Gaston Ave, then northeast through the alley to Ist Street, then northwest to Fairmont Ave, then northeast back across the South Side bridge to Adams St, then east on Adams St to Monroe St, then south on Monroe St to Washington St, and then east on Washington St to the point of beginning. In addition to the prior, beginning at the intersection of Jefferson St and Washington St, go south-east on Jefferson St across the "Million Dollar Bridge" to Merchant St, then south-east on the Gateway Connector to include only the northern side past the curb ofthe street to Diamond St, then east on Diamond St to Morgantown Ave, then north-west on Morgantown Ave to Everest Dr, then along the southern boundary ofl Everest Dr, but not to include the Everest Dr right-of-way, west to Jefferson St, AKA the "Million Dollar Bridge". This boundary is shown on the PODA District Map. (B) Map. A map of the PODA, including the street addresses of all included structures, is Table 907.03.1 ofthis Article. (C) Zoning, The zoning classification for all properties within the PODA is City Center District, and consumption of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer is consistent with the zoning ordinances applicable to this area. (D) Personnel. The PODA is regularly patrolled by at least one (1) uniformed member of the City of Fairmont Police Department. and on an as needed basis, the Fairmont Fire Department personnel will respond from Central Station which within the PODA. In addition, at least two (2) Public Works employees regularly collect waste or debris left in public areas in the PODA and operate a street sweeper in the area. (E) Sanitation, Republic Services is the contracted solid waste hauler for the City of Fairmont. Public Works Department for the City of Fairmont provides collection services as needed in the downtown area. Any commercial hauler can provide contracted dumpster service to all commercial customers. S. Regular waste collection includes public trash receptacles within the PODA. Participating businesses within the PODA will make available adequate restroom facilities, permanent or portable, to serve their members and guests during all hours the area is open, consistent with W. Va. Code S 60-7-8g(c)(7). All businesses operating within the PODA must comply with all requirements of the Marionn County Health Department. (F) Operating Times. The PODA will operate Monday through Friday from 4 p.m. to 10 p.m. and Saturday and Sunday from 10 a.m. to 10 p.m. The City Manager is authorized to limit or expand the operating hours when appropriate to address events, public safety, or other business or community needs, but all expansions or limitations must be made in writing and delivered to the City Clerk to be kept with the official records of the City, and the City will make reasonable efforts to advise the public of any such changes by taking measures such as posting information on its website and/or posting signs in public areas noting the change. Sec. 907.04. Permit Required for Class A Licensees. (a) Any restaurant, bar, or other business with a valid Class A license issued under W. Va. Code 88 60-7-1 et seq. may apply for a PODA Permit to participate in the Private Outdoor Designated Area by submitting an application on forms supplied by the City. (b) Applicants for a PODA Permit must meet the following minimum requirements: (I) Located in a Private Outdoor Designated Area; (2) Submit a floor plan showing the Class A license area for the operator; (3) Possess a valid City business license; (4) Possess a valid Class A or Class S2 license from Commissioner; (5) Agree to use cups and/or other indicators such as wristbands to identify permitted PODA patrons, which may include purchasing authorized merchandise from the City or its affiliate; (6) Identify all areas from which you propose to serve drinks that may be consumed in the PODA, and the entrances and exits to your Class A license area; (7) Identify the location ofall tables, chairs, or other items you propose to place in any public right ofway or on any City property in connection with PODA operations and, upon request, provide dimensions of the area and location of nearby facilities such as curbs and fire hydrants, as well as a plan to place and remove the items during and after PODA operating hours. (8) Satisfy all other requirements of the State code, any ordinance, rules or regulations (c) Applications, except applications for permits for a fairs and festival licensee, will be reviewed by a committee composed as follows: one representative of Main Street Fairmont, designated by Main Street Fairmont, Inc.; one member of City Council, designated by City Council; two representatives of businesses that serve alcohol and are located within the PODA, appointed by City Council; and two representatives ofbusinesses that do not serve alcohol and are located within the PODA, appointed by City Council. Each member of the committee shall serve at two-year term beginning January I and ending December 31 ofthe following year; provided that the initial term ofeach member shall begin on the date of appointment and end on December 31, 2026. Members shall continue in office after expiration of their term and until a new member is appointed except in the event oftheir resignation, death, or removal. Members may be removed by City Council for failure to vote on two or more consecutive applications for PODA permit. The committee shall determine whether to grant or deny applications in its reasonable discretion by majority vote of the members then serving. In determining whether to grant or deny an application, the committee may review the application matérials and other materials relevant to participation in the PODA including records of the West Virginia Alcohol Beverage Control Administration and/or criminal citations, if available to the committee. Applications for a permit for a fair and festival licensee will be reviewed by the City Manager, or designee, who will grant or deny the application in their reasonable discretion. In determining whether to grant or deny an application, the City Manager or designee may review the application materials and other materials relevant to participation in the PODA, including records of the West Virginia Alcohol Beverage Control Administration and/or criminal citations ifavailable. Sec. 907.05. Signs. At minimum, every point where a pedestrian may exit the PODA by way of a public sidewalk shall have one sign placed designating the end of the PODA, The sign must be mounted in such a way and be made ofa a material that will ensure it is clearly visible to patrons of the PODA. Sec. 907.06. Rules. (a) The rules in this section, and all other provlslons of this Article, establish requirements for the purpose of ensuring compliance with all state and municipal laws, and public health and safety within a private outdoor designated area. All persons entering and/or participating in a private outdoor designated area shall comply with applicable laws. (b) Liquor, wine, nonintoxicating beer, and nonintoxicating craft beer that is taken outside ofa Class A licensed premises into the private outdoor designated area shall be served in non-glass containers, not greater than 18 fluid ounces, approved by the City and the Commissioner in accordance with W. Va. Code $ 60-7-8g. (c) Notwithstanding any other provision ofthis Code to the contrary, a person may possess an opened container of liquor, wine, nonintoxicating beer, or nonintoxicating craft beer within a private outdoor designated area during the operating hours of the area when (1) the open container was purchased from a Qualified Permit Holder duly licensed to operate in the private outdoor designated area; and (2) the beverage is in a container authorized by this ordinance, except that this provision does not authorize possession or consumption of any liquor, wine, nonintoxicating beer, or nonintoxicating craft beer while operating or traveling in a motor vehicle. (d) No liquor, wine, nonintoxicating beer, or nonintoxicating craft beer may be taken outside of the private outdoor designated area. (e) All cups, containers, and other trash or litter must be disposed ofi in trash, recycling, or compost receptacles available within the private outdoor designated area. (f) Businesses in the private outdoor designated area may choose to allow or prohibit alcohol consumption in their business. Liquor, wine, nonintoxicating beer, or nonintoxicating craft beer may only be brought into structures or businesses that have indicated by a posted sign that they are participating in the private outdoor designated area, whether or not they hold a Class A license from the Commissioner. (g) Establishment of a Private Outdoor Designated Area does not authorize any establishment to create or maintain an Outdoor Dining area on the public right-of-way except with a permit issued by the City pursuant to the City Code. (h) The City Manager is authorized to adopt any and all regulations necessary and convenient in implementing this Article, and to issue authoritative interpretations of any questions ori inquiries regarding application ofthis Article to a particular situation. Any such regulations or interpretations shall become effective upon being filed in writing with the City Clerk, who shall maintain such records along with the other public records ofthe City. (i) The City Manager may, at any time, suspend the operation ofa private outdoor designated area, or portion thereof, when determined necessary in the interest of public safety or convenience. () Within special event locations, the City Manager, or designee, may suspend operation ofthe PODA in accordance with these rules. (1). Announce the date(s) and time(s) that the PODA will be partially suspended in the special event location(s), and identify the special event location(s) by posting on the City website used to publish PODA information, provide the WVABCA a copy of any suspension notice, and other means determined helpful to notify the public (2) During the suspension, place at least two (2) additional signs at the special event location(s) affected by the suspension notifying the public that they are leaving the PODA and entering a special event location and that PODA beverages may not be brought into the special event location, and beverages purchased at the special event location may not be brought into the PODA. The person or entity holding the special event must also make its patrons aware that PODA beverages may not be brought into the special event location, and that the alcoholic beverages, including nonintoxicating beer, wine, and liquor purchased at the special event location may not be carried outside the special event location. 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. SAVINGS: Nothing in this Ordinance shall be construed to affect any other ordinance or code ofthe City of Fairmont, or any suit or proceeding pending in any court, or right or rights acquired or liability incurred, or any cause or causes under any other ordinance or code ofthe City ofFairmont, including any act or ordinance repealed; nor shall any. just or legal cause, right or remedy of any character be lost, impaired or affected by this Ordinance, and all such other ordinances, codes, causes, rights and remedies are. hereby saved. EFFECTIVE DATE: This ordinance shall become effective thirty (30) days after adoption. Adopted this the day of ? 2025. MAYOR ATTEST: CITY CLERK a a - a - - a y e 0 9 5 à CENPY C a & E - - 0 59 S S & ds 2 Br9 & S Marv e * oN a - S o ) ve - a 0 * p d - o itaro, 9 - OAp 1 à VE a & Table 907.03. PODA District Addresses 409 1st St 87 Fairmont Ave 211 Monroe St 504 1st St 120 Fairmont Ave 319 Monroe St 98 Adams St 117 Fairmont Ave 320 Monroe St 104 Adams St 115 Fairmont Ave 217 Monroe St 110 Adams St 109 Fairmont Ave 219 Monroe St 126. Adams St 100 Fairmont Ave 221 Monroe St 200 Adams St 111 Fairmont Ave 216 Monroe St 218 Adams St 92 Fairmont Ave 204 Morgantown Ave 210 Adams St 94 Fairmont Ave 401 Quincy St 312 Adams St 93 Fairmont Ave 405 Quincy St 219 Adams St 213 Guffey St 221 Washington St 301 Adams St 215 Guffy St 300 Washington St 323 Adams St 120 Jackson St 314 Washington St 325 Adams St 400 Jackson St 327 Adams St 107 Jefferson St 419 Adams St 207 Jefferson St 328 Adams St 200 Jefferson St 211 Adams St 320 Jefferson St 208 Adams St 219 Jefferson St 206 Adams St 227 Jefferson St 216 Adams St 225 Jefferson St 222 Adams St 229 Jefferson St 228 Adams St 331 Madison St 234 Adams St 320 Madison St 236. Adams St 209 Market St 300 Adams St 205 Market St 302 Adams St 201 Market St 304 Adams St 307 Merchant St 310 Adams St 303 Merchant St 320 Adams St 308 Merchant St 323 1/2. Adams St 304 Merchant St 327 Adams St 201 Merchant St 132. Adams St 214 Merchant St 103 Adams St 109 Merchant St 307 Cleveland Ave 112 Merchant St 309 Cleveland Ave 110 Merchant St 311 Cleveland Ave 100 Merchant St 317 Cleveland Ave 310 Merchant St 114 Diamond St 312 Merchant St 112 Diamond St 316 Merchant St 110 Diamond St 318 Merchant St 108 Diamond St 306 Merchant St 106 Diamond St 306 1/2 Merchant St 95 Fairmont Ave 300 Merchant St 91 Fairmont Ave 302 Merchant St 89 Fairmont Ave 214 Monroe St ITEM 3 RESOLUTION A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND SYNOPSIS This resolution provides for a General Fund budget revision for the 2024-2025 annual budget. This revision will be the fourth revision for this current fiscal year. RESOLUTION A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITYOF FAIRMONT'S 2024-2025 ANNUAL BUDGET: GENERAL FUND WHEREAS, City Charter for the City of Fairmont at Section 5.09 Subsection (a) SUPPLEMENTAL APPROPRIATIONS: provides that the Council by Resolution may make supplemental appropriations for the year up to the amount ofsuch excess and (d) TRANSFER OF APPROPRIATIONS: provides that Council may by Resolution transfer part or all of any unencumbered balance from one department to another; and WHEREAS, It is deemed necessary and appropriate to amend the City's 2024-2025 Annual Budget. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. That subject to approval of the State Auditor as ex officio chiefinspector, the City of Fairmont does hereby direct that the budget be revised prior to the expenditure or obligation of funds for which no appropriation or insufficient appropriation currently exists. SECTION 2. AMENDMENT: The proposed amendment, being Amendment Number Four to the City's 2024-2025 Annual Budget: General Fund, as hereafter set forth, shall be, and the same be hereby amended. SECTION 3. PROPOSED BUDGET AMENDMENT: The heretofore attachment outlining the proposed amendments to the 2024-2025 Budget be and the same are hereby approved and authorized. In accordance with the Charter ofthe City of Fairmont, Section 5.09 (a) and Section 5.09 (d), this Resolution shall become effective immediately upon adoption. Passed this the 13th day of May, 2025. MAYOR ATTEST: CITY CLERK 6 6 3 f o o o o 0 / / a : à e Y K Y 5 5 à 0 3 0 8 8 8 3 8 8 8 3 0 6A €A 6A 6 6 e s 6 e s 6 6 6A V 8 8 8 N 8 S € 9 6A 6A 6A 6A 6A 6 6A 6A 6A 6 6 6 6A 6 e 6 6 6 @ e - 6 $ 6 $ $ 6 a 3 8 0 of s 6 6 6A s s s s 6 $A 3 8 3 8 B 8 8 3 8 o 3 e 6 6A e e e 6 e 6A 6 6A 6A $ 6 6 eA 6A $ 6A 6 6 6 6 - - - - 0 5 3 8 0 5 6 6A 6 6 $ 6 s e s e $A s e s 6 A 6 6 6A 6A 6 6 5 8 3 3 3 8 3 8 8 3 8 8 o - 1 $ 6A 6A s 6 6A tA e e e s e 6A - / 6A 6A 6 A 8 - 6 6 6 6 e 6A 6 A 6 6 S 5 6 6 3 % 8 8 8 3 3 8 3 3 8 3 3 8 3 3 3 3 2 S W € 1 3 6 s s s s e s $A 6 eA s $ $ $ $A $ 6A 6 D 0 - 0 a 2 - 0 8 0 0 a 3 6A $A $ s D 6 6 $ 8 a ITEM 4 RESOLUTION A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: COAL SEVERANCE SYNOPSIS This resolution provides for a Coal Severance budget revision for the 2024-2025 annual budget. This revision will be the second revision for this current fiscal year. RESOLUTION A RESOLUTION PROVIDING FOR AN AMENDMENTTO THE CITY OF FAIRMONT'S 2024-2025 ANNUAL BUDGET: COALSEVERANCE WHEREAS, City Charter for the City of Fairmont at Section 5.09 Subsection (a) SUPPLEMENTAL APPROPRIATIONS: provides that the Council by Resolution may make supplemental appropriations for the year up to the amount ofsuch excess and (d) TRANSFER OF APPROPRIATIONS: provides that Council may by Resolution transfer part or all of any unencumbered balance from one department to another; and WHEREAS, It is deemed necessary and appropriate to amend the City's 2024-2025 Annual Budget. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. That subject to approval of the State Auditor as ex officio chiefinspector, the City of Fairmont does hereby direct that the budget be revised prior to the expenditure or obligation of funds for which no appropriation or insufficient appropriation currently exists. SECTION 2. AMENDMENT: The proposed amendment, being Amendment Number Two to the City's 2024-2025 Annual Budget: Coal Severance, as hereafter set forth, shall be, and the same be hereby amended. SECTION 3. PROPOSED BUDGET AMENDMENT: The heretofore attachment outlining the proposed amendments to the 2024-2025 Budget be and the same are hereby approved and authorized. In accordance with the Charter of the City of Fairmont, Section 5.09 (a) and Section 5.09 (d), this Resolution shall become effective immediately upon adoption. Passed this the 13th day of May, 2025. MAYOR ATTEST: CITY CLERK 6 $ 6A ITEM 5 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING AND AUTHORIZING THE CITY OF FAIRMONT TO CONVERT THE METHOD OF FINANCING THE CITY OF FAIRMONT'S POLICE PENSION AND RELIEF FUND FROM THE CONSERVATION METHOD OF FINANCING ON A PAY-AS-YOU-GO BASIS AS PROVIDED BY WEST VIRGINIA CODE $8-22-20(f) TO THE OPTIONAL-II METHOD OF FINANCING AS PROVIDED BY WEST VIRGINIA CODE $8-22-20(9). SYNOPSIS By this proposed resolution, the Council for the City of Fairmont manifests its approval of the conversion of the method of financing the City of Fairmont's Police Pension and Relief Fund from the conservation method of financing on a pay-as-you-go basis as provided by West Virginia Code $8-22- 20(f) to the Optional-II method of financing as provided by West Virginia Code $8-22-20(9). In addition, by this proposed resolution, the Council for the City of Fairmont authorizes the City Manager to take all actions and to do all things reasonable and necessary to effect the conversion. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING AND AUTHORIZING THE CITY OF FAIRMONT TO CONVERT THE METHOD OF FINANCING THE CITY OF FAIRMONT'S POLICE PENSION AND RELIEF FUND FROM THE CONSERVATION METHOD OF FINANCING ON A PAY-AS-YOU-GO BASIS AS PROVIDED BY WEST VIRGINIA CODE $8-22-20(f) TO THE OPTIONAL-II METHOD OF FINANCING AS PROVIDED BY WEST VIRGINIA CODE 58-22-20(9). WHEREAS, by Resolution duly adopted October 24, 2017, effective January 1, 2018, the City of Fairmont elected to close the City of Fairmont's exiting Police Pension and Relief Fund to new hires and further elected to join the Municipal Police Officers and Firefighters Retirement System (MFERS) pursuant to Chapter 8, Article 22A, Section 28 of the West Virginia Code thereby placing all newly hired police officers into said system. WHEREAS, as a result of said closure, the City of Fairmont has the opportunity to convert the method of financing the City of Fairmont's Police Pension and Relief Fund from the conservation method of financing on a pay- as-you-go basis as provided by West Viriginia Code $8-22-20(f) to the Optional-II method of financing a provided by West Virginia Code $8-22- 20(g). WHEREAS, the City of Fairmont on January 14, 2025, was advised by Bolton, its actuary, that the conservation method of financing does not meet the requirements for a reasonable funding method under standard actuarial principles, and converting to the Optional-II method of funding will, in fact, be in line with standard actuarial principles for funding. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Fairmont hereby manifests its approval of the conversion of the method of financing the City of Fairmont's Police Pension and Relief Fund from the conservation method of financing on a pay-as-you-go basis as provided by West Virginia Code 58-22-20(f) to the Optional-II method of financing as provided by West Virginia Code $8-22-20(9). BE IT FURTHER RESOLVED, that the City Manager or his designee be and is hereby authorized to take all actions and to do all things reasonable and necessary to convert the method of financing the City of Fairmont's Police Pension and Relief Fund from the conservation method of financing on a pay- as-you-go basis as provided by West Virginia Code $8-22-20(f) to the Optional-II method of financing as provided by West Virginia Code $8-22- 20(g). This Resolution shall become effective upon acceptance of this Resolution by the West Virginia Municipal Pension Oversight Board or July 1, 2025, whichever shall last occur. Passed this 13th day of May, 2025. MAYOR ATTEST: CITY CLERK ITEM 6 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING AND AUTHORIZING THE CITY OF FAIRMONT TO CONVERT THE METHOD OF FINANCING THE CITY OF FAIRMONT'S FIRE PENSION AND RELIEF FUND FROM THE CONSERVATION METHOD OF FINANCING ON A PAY-AS-YOU-GO BASIS AS PROVIDED BY WEST VIRGINIA CODE $8-22-20(f) TO THE OPTIONAL-II METHOD OF FINANCING AS PROVIDED BY WEST VIRGINIA CODE $8-22-20(9). SYNOPSIS By this proposed resolution, the Council for the City of Fairmont manifests its approval of the conversion of the method of financing the City of Fairmont's Fire Pension and Relief Fund from the conservation method of financing on a pay-a5-you-go basis as provided by West Virginia Code $8-22- 20(f) to the Optional-II method of financing as provided by West Virginia Code 58-22-20(9). In addition, by this proposed resolution, the Council for the City of Fairmont authorizes the City Manager to take all actions and to do all things reasonable and necessary to effect the conversion. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT APPROVING AND AUTHORIZING THE CITY OF FAIRMONT TO CONVERT THE METHOD OF FINANCING THE CITY OF FAIRMONT'S FIRE PENSION AND RELIEF FUND FROM THE CONSERVATION METHOD OF FINANCING ON A PAY-AS-YOU-GO BASIS AS PROVIDED BY WEST VIRGINIA CODE 38-22-20(f) TO THE OPTIONAL-II METHOD OF FINANCING AS PROVIDED BY WEST VIRGINIA CODE $8-22-20(9). WHEREAS, by Resolution duly adopted October 24, 2017, effective January 1, 2018, the City of airmont elected to close the City of Fairmont's exiting Fire Pension and Relief Fund to new hires and further elected to join the Municipal Police Officers and Firefighters Retirement System (MFERS) pursuant to Chapter 8, Article 22A, Section 28 of the West Virginia Code thereby placing all newly hired firefighters into said system. WHEREAS, as a result of said closure, the City of Fairmont has the opportunity to convert the method of financing the City of Fairmont's Fire Pension and Relief Fund from the conservation method of financing on a pay- as-you-go basis as provided by West Viriginia Code $8-22-20(f) to the Optional-II method of financing a provided by West Virginia Code $8-22- 20(g). WHEREAS, the City of Fairmont on January 14, 2025, was advised by Bolton, its actuary, that the conservation method of financing does not meet the requirements for a reasonable funding method under standard actuarial principles, and converting to the Optional-II method of funding will, in fact, be in line with standard actuarial principles for funding. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Fairmont hereby manifests its approval of the conversion of the method of financing the City of Fairmont's Fire Pension and Relief Fund from the conservation method of financing on a pay-as-you-go basis as provided by West Virginia Code $8-22-20(f) to the Optional-II method of financing as provided by West Virginia Code $8-22-20(9). BE IT FURTHER RESOLVED, that the City Manager or his designee be and is hereby authorized to take all actions and to do all things reasonable and necessary to convert the method of financing the City of Fairmont's Fire Pension and Relief Fund from the conservation method of financing on a pay- as-you-go basis as provided by West Virginia Code $8-22-20(f) to the Optional-II method of financing as provided by West Virginia Code $8-22- 20(g). This Resolution shall become effective upon acceptance of this Resolution by the West Virginia Municipal Pension Oversight Board or July 1, 2025, whichever shall last occur. Passed this 13th day of May, 2025. MAYOR ATTEST: CITY CLERK ITEM 7 RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE EXPENDITURE OF THE PFIZER AND RANBAXY ATORVASTATIN (LIPITOR) SETTLEMENT FUNDS IN THE AMOUNT OF $25,000.00 FOR PUBLIC RECREATIONAL OPPORTUNITIES AND EQUIPMENT. SYNOPSIS Upon recommendation of the City Manager, by this proposed resolution the Council of the City of Fairmont hereby approves the expenditure of the City's share of the proceeds from State ex rel., McCuskey V, Pfizer, Inc., et al. in the amount $25,000.00 to create additional or enhance existing recreational opportunities and other such amenities at existing municipal facilities. By adoption of this resolution, the Council of the City of Fairmont does not intend to authorize the expenditure of public moneys of the City of Fairmont, except in compliance with Article V Financial Procedure of the Charter of the City of Fairmont, the State of West Virginia Constitution and the West Virginia Code. RESOLUTION A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT AUTHORIZING THE EXPENDITURE OF THE PFIZER AND RANBAXY ATORVASTATIN (LIPITOR) SETTLEMENT FUNDS IN THE AMOUNT OF $25,000.00 FOR PUBLIC RECREATIONAL OPPORTUNITIES AND EQUIPMENT. WHEREAS, the City of Fairmont received $25,000.00 from the West Virginia Attorney General's Office as the City of Fairmont's share of the proceeds of a $17,000,000.00 settlement from a lawsuit filed by the Attorney General against Pfizer and Ranbaxy alleging the companies conspired to delay the availability of generic Lipitor (Atorvastatin), thus keeping prices artificially high. WHEREAS, the City of Fairmont's share of the proceeds is based on population classification, the use of same appears unrestricted, and the City of Fairmont has been directed by the West Virginia State Auditor's Office to deposit same in the General Fund. WHEREAS, given the City of Fairmont's efforts to enhance the health and well-being of its residents, the City Manager recommends expending the proceeds to create additional or enhance existing recreational opportunities and other such amenities at existing municipal facilities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FAIRMONT THAT: SECTION 1. PURPOSE/APPROVAL: Upon recommendation of the City Manager, the Council of the City of Fairmont hereby approves the expenditure of its share of the proceeds from State ex rel., McCuskey V, Pfizer, Inc., et al. in the amount $25,000.00 to create additional or enhance existing recreational opportunities and other such amenities at existing municipal facilities. SECTION 2. INTENT: By the adoption of this resolution, the Council of the City of Fairmont does not intend to authorize the expenditure of public moneys of the City of Fairmont, and that all such expenditures must comply with the provisions of Article VFinancial Procedure of the Charter of the City of Fairmont, the State of West Virginia Constitution, and the West Virginia Code. Passed this the 13th day of May, 2025. MAYOR ATTEST: CITY CLERK ITEM 8 Board and Commission Application Submitted On: Apr 23, 2025, 07:30AM EDT City of Fairmont Çity,pf Fairmont Board and Commission Application By completing this form, you are indicating your interest to serve on a city board, commission, or committee. The Fairmont City Council and/or the City Manager make the appointments. All appointments remain at the discretion of the City Council and/or the City Manager. This application is a public document and will be on file for two (2) years. Full Name First Name: Adrin Last Name: Fisher Full Address Street Address: City: Fairmont State: W Zip: 26554 Phone Number Email Occupation: Employer: Do you reside within the city limits of Fairmont? If yes, how long? Education: Degree/Major: Certifications or Vocational Training: Other relevant skills: Volunteer experience and community involvement (please give dates): Df appointed, could you meet: Please select up to three (3) of the following City Boards, Commissions, or Committees for which you would like to be considered for appointment: How did you hear about this board or commission? (Ex. Word. of mouth, social media, from a current looard or commission member, etc.) Have you served on any boards, commissions, or committees in the past? If 5o, please list: Signature Data First Name: Adrin Last Name: Fisher Email Address: