City Council

February 13, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 13th day of February 2024, 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 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 Program Manager IN RE: OPENING CEREMONIES Rev. Wesley Dobbs gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. IN RE: PROCLAMATION FOR CATHERINE DOOLEY TAYLOR The mayor read a proclamation honoring the life and legacy of Cathrine Dooley Taylor, a life-long Fairmont resident who recently passed away. Her volunteerism, charity and professional service left a lasting impact on Fairmont as a whole. Receiving the proclamation was Mary Tate, daughter of Mrs. Taylor. IN RE: PROCLAMATION FOR ROSE AGNES ROLLS COUSINS The mayor read a second proclamation, this time in honor of the life of Rose 1 Agnes Rolls Cousins, a Black, female pilot from Fairmont, who was denied the opportunity to serve in the Airforce during World War II. Despite the obstacles set in her way, she persevered and was honored on many occasions throughout her life for her heroism and barrier-breaking moves in her life. Accepting her proclamation was Judy Bussey, a relative of Mrs. Cousins. IN RE: STATEMENT ON BLACK HISTORY MONTH The mayor publicly read a statement highlighting the importance of Black History Month. APPROVAL OF MINUTES IN RE: MINUTES FOR THE JANUARY 19, 2024 SPECIAL MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from Special Meeting held on January 19, 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 19, 2024, Special Meeting as submitted. The motion was seconded by Councilmember Nuzum. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: MINUTES FOR THE JANUARY 23, 2024 SPECIAL MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from Special Meeting held on January 23, 2024. 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 January 23, 2024, Special Meeting as submitted. The motion was seconded by Councilmember Deasy. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: MINUTES FOR THE JANUARY 23, 2024 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on January 23, 2024. She asked if there were any corrections, deletions, or amendments to be made to the minutes. 2 Councilmember Nuzum moved to approve the minutes for the January 23, 2024, Regular Meeting as submitted. The motion was seconded by Councilmember Moran. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: MINUTES FOR THE JANUARY 30, 2024 SPECIAL MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from Special Meeting held on January 30, 2024. 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 January 30, 2024, Special Meeting as submitted. The motion was seconded by Councilmember Garcia. 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 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. Pursuant to a notice duly published in the Times West Virginian on January 26, 2024, a public hearing was convened to obtain citizen input on an ordinance approving a limited easement over a portion of a right-of-way owned by the City of Fairmont. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. 3 FRANCESCA MULLEN, one of the property owners, spoke in favor of the ordinance, thanking Council for considering the easement. She gave a brief background as to why she is requesting the easement and thanked the Councilmembers again for their time. The mayor asked if there was any recommendation from City Staff regarding the ordinance. KEVIN SANSALONE, the City Attorney, spoke in favor of the ordinance, stating that it's written in such a way to protect all parties throughout the process and that this was the best course of action given the circumstances. He advised Council to pass the ordinance. There being no one else to speak, the public hearing was called to a close at 7:21 p.m. ANNOUNCEMENTS IN RE: EFHS STUDENTS IN WVU HONOR BAND Councilmember Moran congratulated several East Fairmont High School students who recently participated in the West Virginia University Honor Band. IN RE: SHOWING OF LOCAL MOVIE Councilmember Moran invited the public to attend the free screening of the small movie King Coal at the Fairmont State Folklife Center. IN RE: THANKING FAMILIES WHO CAME OUT FOR THE MEETING Councilmember Deasy thanked the families who came out to accept and support the proclamations given earlier in the meeting and said this was one of the more beautiful opening ceremonies. IN RE: MUNICIPAL LEAGUE Mayor Bolyard and Councilmembers Deasy and Nuzum, commented on their productive trip to the West Virginia Municipal League legislative conference. They each thanked the local representatives for making time to speak with them about upcoming votes and legislation. IN RE: NIGHT TO SHINE EVENT 4 Councilmember Sole gave her fellow Councilmembers a recap of the recent Night to Shine event at South Ridge Church where over 100 individuals with special needs for a fun night just for them. IN RE: UNITED WAY CAMPAIGN CELEBRATION Councilmember Sole updated the public and Council on the upcoming Tygart Valley United Way campaign celebration and thanked those who have donated so far. CITIZENS PETITIONS There were no citizen’s petitions. CITY MANAGER’S REPORT Interim City Manager Janet Keller told Council that the new street sweeper has arrived and will be put to use this spring for the street sweeping season and that the City has ordered 32 Christmas decorations. She also congratulated the two members of the Fairmont Fire Department who are scheduled to be promoted. Captain Dusty Lambert was promoted to the rank of Fire Prevention Training Officer and Lieutenant Richard King was promoted to the rank of Captain. She then yielded the remainder of her time to Brian Stewart to give an update on 220 Locust Avenue. BRIAN STEWART, Program Manager for the City’s Vacant Properties program, cleared up misunderstandings and rumors about the fate of 220 Locust Avenue. Mr. Stewart reiterated that the City’s plans for the building at 220 Locust are not to demolish the building, but to find an interested party to save the structure. He informed Council that he’s already fielded several inquires from individuals who have the capital to repair the structure. The City’s next step will likely be to set up an RFQ bid format to vet the interest on a more official scale. On a similar note, Mr. Stewart informed Council that they will soon be receiving a full report from the Ad Hoc committee tasked with creating a process to shed vacant properties from the City’s ownership. What was initially going to be a small memo has become a fully-fledged, multi-page report and the committee will meet one final time to review the document before it is passed to Council. 5  CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to provide a limited easement to a City-owned right-of-way. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2022 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT APPROVING THE FORM OF AN AGREEMENT AND ADDENDUM WITH TENNESSEE TECHNOLOGICAL UNIVERSITY, THE FAIRMONT MARION COUNTY TRANSIT AUTHORITY AND THE MARION COUNTY COMMISSION TO PROVIDE FOR THE CONSTRUCTION OF AN ELECTRIC VEHICLE CHARGING STATION AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF. 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. 6 Motion: Councilmember Warner moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. Roll call was taken by the Clerk. The Mayor declared the public hearing set for February 27th, 2024. IN RE: ADJOURN TO EXECUTIVE SESSION Councilmember McDaniel moved that Council adjourn to Executive Session under WV Code Section §6-9A-4 under Item #2 under 2.11 of the City Charter. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:45 p.m. IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 9:01 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember Nuzum moved to adjourn the meeting. The motion was seconded by Councilmember Warner. The Mayor declared the meeting adjourned by voice vote of Council at 9:01 p.m. 7