City Council

December 19, 2023 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 19th day of December 2023, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Richard (Rick) Garcia Fifth District Charles (Chuck) Warner Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Also present were: Interim City Manager Janet L. Keller City Attorney Kevin V. Sansalone Interim City Clerk David A. Kirk Planning Director Shae Strait Human Resources Paula Friend IN RE: OPENING CEREMONIES Mayor Bolyard led a moment of silent reflection followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. IN RE: FAIRMONT SENIOR FOOTBALL TEAM City Councilmembers welcomed several members and coaches from the Fairmont Senior Football Team, who recently won the 2023 West Virginia State Championship in their division. APPROVAL OF MINUTES IN RE: MINUTES FOR THE DECEMBER 12, 2023 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the 1 minutes from Regular Meeting held on December 12, 2023. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember Warner moved to approve the minutes for the December 12, 2023, Regular Meeting as submitted. The motion was seconded by Councilmember Nuzum. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings. ANNOUNCEMENTS IN RE: WREATHS ACROSS AMERICA Councilmember Rice thanked Marcella Yaremchuk and all involved in the Wreaths Across America celebration held at Maple Grove Cemetery and congratulated them on a successful ceremony. IN RE: CELEBRATION OF LIGHTS Councilmember Moran thanked all the volunteers who worked to make the Celebration of Lights happen in Morris Park. She spoke about how encouraging it is to see so many people from around the region travel to Fairmont to take part in the lights. IN RE: ARTS & HUMANITIES AWARDS Councilmember Moran mentioned that the Fairmont Arts and Humanities Commission is taking nominations for its annual awards. A form to submit nominations is available on the commission’s Facebook page. Nominations will be open until January 31st. IN RE: MERRY CHRISTMAS AND HAPPY NEW YEAR Several Councilmembers wished the public a Merry Christmas and a Happy New Year. IN RE: DONATE TO FOOD BANKS Councilmember Nuzum encouraged the public to donate food items to the 2 Union Mission as well as the Soup Opera for their holiday food drives and giveaways. IN RE: RECOGNITION OF PUBLIC SERVANTS Mayor Anne Bolyard congratulated her fellow mayor, Johnboy Palmer of Monongah, for being named “Best Mayor in West Virginia.” Mayor Bolyard also congratulated Interim City Manager Janet Keller, who began her career with the City of Fairmont 45 years ago on December 26th. CITIZENS PETITIONS There were no citizen’s petitions. CITY MANAGER’S REPORT The Interim City Manager had nothing to report. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, UNION DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: PT LOT 7 REEVES AVENUE MAP / PARCEL 1 / 0105 0000 0000 121 REEVES AVENUE, FAIRMONT, WV 26554 FROM THOMAS STANLEY DAVIS, ROGER LEE DAVIS, DEBORAH L. DAVIS, AND ELIZABETH PETERMAN TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL OF REAL ESTATE FROM THE CITY OF FAIRMONT IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER ALL TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT. The Interim City Clerk read the proposed ordinance by synopsis for the first time. 3 Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Deasy seconded the motion. The Mayor declared the public hearing set for January, 9th 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF A CERTAIN PARCEL OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 1 AC 56 ½ SQRDS & 1300 SQ FT (EXC PCL) LOCUST AVE MAP / PARCEL 26 / 0274 0000 0000 220 LOCUST AVENUE, FAIRMONT, WV FROM EVERETT W. COCHRAN TO THE CITY OF FAIRMONT; APPROVING THE FORM OF THE TRANSACTIONAL DOCUMENT(S); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THEM ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION. The Interim City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for January, 9th 2024. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT ACKNOWLEDGING THAT CERTAIN EMPLOYEES OF 4  THE CITY OF FAIRMONT WHO SERVE AS POLICE OFFICERS AND ARE MEMBERS OF THE MUNICIPAL POLICE AND FIREFIGHTERS RETIREMENT SYSTEM (MPFRS) ON DECEMBER 18, 2023, VOTED WHETHER TO HAVE EXTENDED TO THEM THE SOCIAL SECURITY PROGRAM EMBODIED IN THE SOCIAL SECURITY ACT. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the establishment of a nondiscrimination policy for services provided by the City of Fairmont. Motion: Councilmember Warner moved for the adoption of the proposed resolution. Councilmember McDaniel 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 ACKNOWLEDGING THAT CERTAIN EMPLOYEES OF THE CITY OF FAIRMONT WHO SERVE AS FIREFIGHTERS AND ARE MEMBERS OF THE MUNICIPAL POLICE AND FIREFIGHTERS RETIREMENT SYSTEM (MPFRS) ON DECEMBER 18, 2023, VOTED WHETHER TO HAVE EXTENDED TO THEM THE SOCIAL SECURITY PROGRAM EMBODIED IN THE SOCIAL SECURITY ACT. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the establishment of a nondiscrimination policy for services provided by the City of Fairmont. Motion: Councilmember Deasy moved for the adoption of the proposed resolution. Councilmember Warner seconded the motion. 5 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT-MARION COUNTY TRANSIT AUTHORITY, THREE YEAR TERM TO END DECEMBER 31, 2026. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont- Marion County Transit Authority for a three-year term ending December 31, 2026. Councilmember McDaniel moved to appoint Jeff Carpenter to the Fairmont- Marion County Transit Authority for a three-year term ending December 31, 2026. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Jeff Carpenter to the Fairmont-Marion County Transit Authority for a three-year term ending December 31, 2026 by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion to adjourn to Executive Session for matters pursuant to WV Code 6-9A-4(b)(2)(A) and City Charter 2.11 (a)(l)A - to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal, or compensation of a City Officer. The motion to adjourn to Executive Session was made by Councilmember Nuzum and seconded by Councilmember Garcia. The Mayor declared the meeting adjourned to Executive Session at 7:21 p.m. She noted that no other business would be conducted following the Executive Session. IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 8:36 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment 6 Motion: Councilmember Rice moved to adjourn the meeting. The motion was seconded by Councilmember Deasy. The Mayor declared the meeting adjourned by voice vote of Council at 8:36 p.m. 7