City Council

January 23, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 23rd day of January 2024, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. IN RE: OATH OF OFFICE – JULIA “JULIE” SOLE The Interim City Clerk administered the Oath of Office of Councilmember to Julia “Julie” Sole, the Councilmember appointed to service the unexpired term of the 7th District until the canvass is completed after the November 5, 2024 Municipal Election. The vacancy was created by the resignation of Nicholas “Nicky” Cinalli on January 9, 2024. After administering the Oath of Office, the Interim City Clerk declared Councilmember Sole duly sworn in as a member of the Council of the City of Fairmont and extended congratulations to her. 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 Julia (Julie) Sole 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 IN RE: OPENING CEREMONIES Mayor Bolyard led a moment of silent reflection followed by the Pledge of Allegiance to the Flag led by Councilmember Rice. 1 IN RE: HUMAN TRAFFICKING AWARENESS PROCLAMATION Mayor Bolyard presented a proclamation to a representative from HOPE, Inc., which proclaimed January as Human Trafficking Awareness Month. The representative was joined by members of local law enforcement. The Mayor thanked the representative and local law enforcement for their collaboration with organizations like HOPE, Inc. IN RE: STALKING AWARENESS PROCLAMATION The mayor read a second proclamation, again received by a representative from HOPE, Inc., this time proclaiming January as Stalking Awareness Month. The mayor again thanked HOPE, Inc. and local law enforcement for all the work they do to help individuals affected by the heinous acts. APPROVAL OF MINUTES IN RE: MINUTES FOR THE JANUARY 9, 2024 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on January 9, 2024. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember McDaniel moved to approve the minutes for the January 9, 2024, Regular Meeting as submitted. The motion was seconded by Councilmember Rice. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings. ANNOUNCEMENTS IN RE: WELCOMING COUNCILMEMBER SOLE Every Councilmember expressed their warm welcomes to their newest compatriot, Councilmember Sole, who was sworn in at the start of the meeting, several stating that her experience will make her a wonderful addition to Council. 2 IN RE: THANKING HOPE, INC. FOR ALL THEY DO Councilmember Rice thanked the HOPE, Inc. representative for attending the meeting and thanked her and law enforcement for all they do to make the area safer. IN RE: MEETING WITH NEW UNION MISSION DIRECTOR Councilmember Moran spoke about a recent meeting she took part in with the Union Mission’s new director, Jeff Benedict, who shared with her his vision for the future of the Union Mission. IN RE: MID-CITY BRIDGE SIDEWALKS Councilmember Garcia asked the Interim City Manager if she could look into clearing off the sidewalks on the Mid-City bridge when they’re covered in snow. The Interim City Manager said she’d look into it with Public Works. IN RE: THANKS TO ALL APPLICANTS FOR 7TH COUNCIL DISTRICT Councilmember Deasy thanked all those who applied for the council vacancy and said that the applicants were a very energetic and qualified group, making it tough for Council to decide who should be appointed. IN RE: EXPRESSING GRATITUDE Councilmember Sole thanked her fellow Councilmembers for their decision to appoint her to the vacant council seat and that she’s excited to serve the City of Fairmont in this new capacity. IN RE: DISCOVER MARION COUNTY Councilmember McDaniel shared that he’s involved with plans to organize the second Discover Marion conference, tentatively scheduled for April 17th, 2024. IN RE: NIGHT OF HOPE BANQUET Councilmember Nuzum invited her fellow Councilmembers to attend the Union Mission’s Night of Hope Banquet, an annual fundraiser for the nonprofit. CITIZENS PETITIONS IN RE: KUDOS TO THE SNOWPLOW DRIVERS 3 TERRY BURTON, a Fairmont resident, gave a shoutout to the employees of the City who kept the roads clear throughout the recent snowstorm and invited all in the community to voice their appreciation for the workers who are out in the cold early in the morning so the citizens can get to work safe. 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 THE CONVEYANCE OF A CERTAIN LIMITED EASEMENT OVER AND ALONG A CERTAIN PORTION OF THE RIGHTS OF WAY OF CACAPON CIRCLE AND AN UNOPENED UNNAMED 40’ STREET SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO PROVIDE FOR AN EXISTING ENCROACHMENT RELATING TO A STRUCTURE (FRAME GARAGE) SITUATE ON PARCEL 67 OF MARION COUNTY TAX MAP 03-31, KNOWN AS 8 CACAPON CIRCLE, FAIRMONT, TO BE CONVEYED TO BRIAN M. MULLEN AND FRANCESCA S. MULLEN; RESERVATION OF UTILITY RIGHTS. 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 Nuzum moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. The Mayor declared the public hearing set for February 13th, 2024 IN RE: ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT’S 2023-2024 ANNUAL BUDGET: GENERAL FUND. 4 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 an amendment to the City of Fairmont’s annual budget. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember 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 FOR THE CITY OF FAIRMONT APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE POLICE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT, WHICH AMENDMENT WAS ADOPTED BY THE COMMISSION ON JANUARY 10, 2024, TO AMEND AND SUPPLEMENT SUBPART (N)(B) OF RULE §7.02 EXAMINATIONS FOR ORIGINAL APPOINTMENT TO FACILITATE THE HIRING OF OFFICERS WITH CURRENT ACTIVE LAW ENFORCEMENT CERTIFICATIONS. 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 changes to the Police Civil Service Rules. Motion: Councilmember Deasy moved for the adoption of the proposed resolution. Councilmember 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 FOR THE CITY OF FAIRMONT APPROVING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE POLICE CIVIL SERVICE COMMISSION OF THE CITY OF FAIRMONT, WHICH AMENDMENT WAS ADOPTED BY 5  THE COMMISSION ON JANUARY 10, 2024, TO AMEND AND SUPPLEMENT RULE §4.07 FORM OF APPLICATIONS FOR ORIGINAL APPOINTMENT TO FACILITATE THE APPLICATION PROCESS AND APPROVING THE FORM OF THE REVISED APPLICATION. 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 changes to the Police Civil Service Rules. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember 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 SUBMISSION OF AN APPLICATION TO THE UNITED STATES DEPARTMENT OF ENERGY FOR AN ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) THROUGH THE STATE AND COMMUNITY ENERGY PROGRAM IN THE AMOUNT OF $75,670.00 TO PROVIDE FUNDING FOR THE INSTALLATION OF ELECTRIC VEHICLE (EV) CHARGING STATIONS IN DOWNTOWN FAIRMONT, AND IF SUCH GRANT IS AWARDED FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION. 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 an application for a grant. Motion: Councilmember Moran moved for the adoption of the proposed resolution. Councilmember Warner seconded the motion. 6 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember Deasy moved to adjourn the meeting. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned by voice vote of Council at 7:26 p.m. 7