City Council

February 27, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th 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 Building Inspector Scott Jolliff Fire Chief Brian Starn IN RE: OPENING CEREMONIES Councilmember Nuzum gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. APPROVAL OF MINUTES IN RE: MINUTES FOR THE FEBRUARY 13, 2024 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on February 13, 2024. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember Deasy moved to approve the minutes for the February 13, 1 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 IN RE: 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. Pursuant to a notice duly published in the Times West Virginian on February 16, 2024, a public hearing was convened to obtain citizen input on an ordinance approving an agreement for the construction of an EV charging station. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. SHAE STRAIT, Director of Planning, spoke in favor of the ordinance. While the project is to be overseen by the Fairmont-Marion County Transit Authority, Mr. Strait said he’d answer Council’s questions to the best of his ability. He said that the charger is a level three, universal EV charger that will be installed at an on-street parking spot across Monroe Street from the Bus Station in downtown and that the only commitment needed from the City is $5,000. There being no one else to speak, the public hearing was called to a close at 7:05 p.m. ANNOUNCEMENTS IN RE: UPCOMING SPRING AND SUMMER EVENTS Councilmember Rice informed Council and the public that the Marion County Youth Fishing Pond is slated to be restocked and ready for the warm weather. 2 He also expressed his excitement for the upcoming summer concert series at Palatine Park and thanked the organizers for their work. IN RE: MARY LOU RETTON PARK Councilmember Rice informed Council of the upcoming projects slated for Mary Lou Retton Park that will begin this spring, including improvements to the baseball field and storage areas. IN RE: MARION COUNTY PUBLIC LIBRARY AUTHOR SHOWCASE Councilmember Moran invited the public to attend the Marion County Public Library author showcase on March 4th from 5 p.m. to 7 p.m. IN RE: FAMILY RESOURCE NETWORK MEET AND GREET Councilmember Moran mentioned a meet-and-greet being hosted by the Marion County Family Resource Network at its new location in the old City Center building on Fairmont Avenue on March 14th, 11 a.m. to 7 p.m. IN RE: DAC MISSION TRANSITION Councilmember Deasy reminded the public about the yearly collaboration between Marion County Schools and the Disability Action Center for Mission Transition, which helps individuals with disabilities transition into post- secondary education options. IN RE: SPORTS HIGHLIGHTS Councilmember Sole and Councilmember Garcia gave several shoutouts to the various sports teams around the county for recent accomplishments. Councilmember Sole specifically highlighted the boys and girls basketball teams from Fairmont Catholic, who both won the Mason-Dixon Championships for the first time in the school’s 100-year history. CITIZENS PETITIONS IN RE: DISCONTENT WITH THE CITY MANAGER SEARCH PROCESS SHAWNA SANTEE, local resident and business owner, addressed Council and expressed her discontent and mistrust of the process to hire a new City Manager. She accused Council of violating the West Virgina Open Meeting Laws, she accused Council of making the decision prior to the official vote, 3 and she read aloud emails from the City’s Human Resources office to the candidates who were turned down. CITY MANAGER’S REPORT The Interim City Manager had nothing to report. CONSIDERATION OF COUNCIL BUSINESS IN RE: 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the agreement between the City and the Fairmont-Marion County Transit Authority for the construction of an EV charging station. Motion: Councilmember Warner moved for the introduction of the proposed ordinance. Councilmember Deasy 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. 2023 was duly adopted. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE WEST VIRGINIA DIVISION OF HOMELAND SECURITY, EMERGENCY MANAGEMENT DIVISION FOR A STATE AND LOCAL CYBERSECURITY PROGRAM GRANT IN THE AMOUNT OF $40,000.00 PER YEAR FOR ALL ELIGIBLE YEARS TO CONDUCT A RISK ASSESSMENT, TO FUND TECHNOLOGICAL ENHANCEMENTS, AND TO FUND SALARY NEEDS FOR A PART- TIME IT SPECIALIST INTERN, AND IF SUCH GRANT IS AWARDED, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL 4  THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. 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 application for a grant. Motion: Councilmember Deasy moved for the adoption of the proposed resolution. Councilmember Sole 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 FEDERAL HIGHWAY ADMINISTRATION (FHWA) FOR A SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT IN THE AMOUNT OF $200,000.00 TO FUND THE DEVELOPMENT OF A COMPREHENSIVE SAFETY ACTION PLAN, 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. 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 application for a grant. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember Moran seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. 5 IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO MCPARC FOR A COMMUNITY GRANT PROGRAM GRANT IN THE AMOUNT OF $4,500.00 TO FUND THE CONSTRUCTION WATER FOUNTAIN, BARBEQUE GRILL, AND SIGN AT 5TH STREET PARK, FURTHER AUTHORIZING THE ACCEPTANCE THEREOF, AND PROVIDING THE CITY MANAGER WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. 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 application for a grant. Motion: Councilmember Rice 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 OF THE CITY OF FAIRMONT, WEST VIRGINIA, SUPPORTING FAIRMONT STATE UNIVERSITY'S FY25 CONGRESSIONALLY DIRECTED SPENDING REQUEST TO RENOVATE MORROW HALL. 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 letter of support for Fairmont State University’s request. Motion: Councilmember Garcia moved for the adoption of the proposed resolution. Councilmember Deasy seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. 6 IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF TUESDAY, MAY 14, 2024 TO WEDNESDAY, MAY 15, 2024 AS PER SECTION 1.3 OF COUNCIL'S RULES OF ORDER AND PROCEDURE. 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 to reschedule the May 14th meeting to May 15th. Motion: Councilmember Warner moved for the adoption of the proposed resolution. Councilmember Deasy seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: CITY ATTORNEY TAKES THE FLOOR Mayor Bolyard invited City Attorney Kevin Sansalone to take the floor and address council concerning the accusations of wrongdoing by Council throughout the City Manager search process. KEVIN SANSALONE, Fairmont’s City Attorney, addressed Council and laid out all the proof and documentation that Council followed the guidelines and regulations concerning the West Virginia’s Open Meeting Laws. All meetings were advertised and disseminated to the public in accordance with the law and all executive sessions held were done so in accordance with the law at the state level and within the bounds of the City Charter, which Mr. Sansalone said was more stringent than the state guidelines regarding executive sessions. Mr. Sansalone was questioned by Council regarding his opinion on the matter as to whether a vote was taken, and a consensus was reached in a closed meeting. Mr. Sansalone said that while Council did discuss the candidate, not poll or vote was taken, and staff were able to ascertain which candidate had the majority support of council just by the discussion held in the executive session. 7 IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT NOMINATING A CITY MANAGER FOR APPOINTMENT AND PROVIDING THE CITY ATTORNEY AND THE MAYOR WITH THE AUTHORITY TO NEGOTIATE A TENTATIVE EMPLOYMENT AGREEMENT. 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 to nominate Travis Blosser as the City Manager of the City of Fairmont and to empower the Mayor and the City Attorney to negotiate a contract with Mr. Blosser. Motion: Councilmember Warner moved for the adoption of the proposed resolution. Councilmember Moran seconded the motion. Roll call was taken by the Clerk and the following votes were recorded: Councilmember McDaniel Yes Councilmember Nuzum Yes Councilmember Warner Yes Councilmember Deasy Yes Councilmember Sole Yes Councilmember Moran Yes Councilmember Rice No Councilmember Garcia Yes Mayor Bolyard Yes The Mayor declared the resolution adopted by majority vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT ARTS AND HUMANITIES COMMISSION, THREE-YEAR UNEXPIRED TERM TO END JUNE 30, 2027. Mayor Bolyard entertained a motion for one appointment to the Fairmont Arts and Humanities Commission for a three-year term ending June 30, 2027. Councilmember Deasy moved to appoint Marianne Moran to the Fairmont Arts and Humanities Commission for a three-year term ending June 30, 2027. The motion was seconded by Councilmember Nuzum. Roll call was taken by the Clerk and the following votes were recorded: 8 Councilmember McDaniel Yes Councilmember Nuzum Yes Councilmember Warner Yes Councilmember Deasy Yes Councilmember Sole Yes Councilmember Moran Abstain Councilmember Rice Yes Councilmember Garcia Yes Mayor Bolyard Yes The Mayor declared Marianne Moran appointed to the Fairmont Arts and Humanities Commission for a three-year term ending June 30, 2027 by majority 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 Rice. The Mayor declared the meeting adjourned by voice vote of Council at 7:50 p.m. 9