City Council

March 26, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 26th day of March 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 Finance Director Priscilla A. Hamilton Planning Director Shae Strait Fire Chief Brian Starn Building Inspector Scott Jolliff IN RE: OPENING CEREMONIES Mayor Bolyard led a moment of silence followed by the Pledge of Allegiance to the Flag led by Councilmember Garcia. IN RE: VIETNAM VETERANS DAY Mayor Bolyard read a proclamation for Vietnam Veterans Day, recognizing the veterans and their families for their sacrifices made throughout the Vietnam War. Receiving the proclamation was David Tucker, who gave a speech recognizing the unfair treatment given to Vietnam Veterans upon their return home from war. 1  APPROVAL OF MINUTES IN RE: MINUTES FOR THE March 12, 2024 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on March 12, 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 March 12, 2024, Regular Meeting as submitted. The motion was seconded by Councilmember McDaniel. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings. ANNOUNCEMENTS IN RE: FAIRMONT STATE EVENTS Councilmember Moran spoke about several events and happenings at Fairmont State University. The Community Wind Ensemble held an impressive concert and Councilmember Moran encouraged the public and her fellow councilmembers to attend these sorts of events to grow a relationship with Fairmont State. She also gave a shout out to the university’s herb garden and upcoming Middle College initiative. IN RE: FIFTH STREET GYM Councilmember Deasy informed Council that the Board of Education successfully auctioned off Fifth Street Gym to a nonprofit that the Board hopes will continue to use the space for community activities and athletics. IN RE: CHAMBER OF COMMERCE EVENTS Councilmember Sole thanked the Marion County Chamber of Commerce for its work in organizing the Legislative Wrap-up Luncheon and the Women’s Expo and that she enjoyed her time at both events. 2  CITIZENS PETITIONS IN RE: DOWNTOWN INVESTMENTS JAMES KANE, local business owner and Fairmont resident, informed Council of his business, Stone Tower Coffee Roasters, applying for the City’s Façade Grant program. If awarded the funds, he hopes to use the money to improve his business’s location on Washington Street next to Yann’s Hotdogs to build a sidewalk and improve accessibility. He petitioned Council to consider continue the sidewalk across the vacant city- owned lot next door and to improve the safety of the neighboring lot, as it contains a sheer drop just a few feet away from the street. He also encouraged Council to consider the use of meters in the Post Office parking lot, citing their presence as nothing but wasted money and a deterrent for downtown shoppers. He urged council to pressure for the reactivation of the Parking Authority. CITY MANAGER’S REPORT The Interim City Manager informed Council of upcoming smoke tests to be conducted in downtown sewers. She also informed the public of the 2023 Audit Report’s availability on the City’s website. CONSIDERATION OF COUNCIL BUSINESS IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT APPOINTING TRAVIS L. BLOSSER AS THE CITY MANAGER FOR THE CITY OF FAIRMONT AND APPROVING AND FIXING THE TERMS AND CONDITIONS OF THAT CERTAIN CITY MANAGER EMPLOYMENT AGREEMENT DATED ____ DAY OF _______ , 2024, BY AND BETWEEN THE CITY OF FAIRMONT AND TRAVIS L. BLOSSER, AND PROVIDING THE MAYOR WITH THE AUTHORITY TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT. 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. 3 Motion: Councilmember Warner moved for the introduction of the ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for April 9th, 2024 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 1933 DULY ADOPTED APRIL 11, 2023, WHICH ORDINANCE PROVIDES FOR THE CITY OF FAIRMONT'S CURRENT PAY PLAN AND LIST OF OCCUPATIONAL CLASSES FOR ALL CLASS TITLES AND EMPLOYEES, TO PROVIDE FOR: A 3% BASE PAY INCREASE FOR ALL EMPLOYEES WITH CERTAIN EXCEPTIONS; VARYING BASE PAY INCREASES FOR POLICE PATROL DIVISION; AN INCREASE IN WV LAW ENFORCEMENT CERTIFICATION PAY; CLARIFICATION, WITHOUT INCREASE, OF CERTAIN CERTIFICATION PAYS; FIXING CITY MANAGER PAY; AND OTHER CERTAIN STYLISTIC CHANGES TO REFLECT CURRENT TERMINOLOGY. 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 Warner moved for the introduction of the ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for April 9th, 2024 by voice vote of Council. 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, WINFIELD DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: 4  LT 4 CLAY ST. MAP/ PARCEL 8 / 0033 0002 0000 1709 CLAY AVENUE, FAIRMONT, WV 26554 FROM ARDELLA L. COTTRILL TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL O REAL ESTATE FROM THE CITY OF FAIRMONT IN ACCORDANCE WITH TH CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND TH ORDINANCES ADOPTED THEREUNDER; AND AUTHORIZING THE CIT 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. Mayor Bolyard entertained a motion to introduce the ordinance and set a public hearing. Motion: Councilmember Deasy moved for the introduction of the ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for April 9th, 2024 by voice vote of Council. IN RE: ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT'S 2023-2024 ANNUAL BUDGET: GENERAL FUND. 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 budget amendment. Motion: Councilmember Warner moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. Roll call was taken by the Clerk. 5 The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT RE-ESTABLISHING AN AD HOC ADVISORY COMMITTEE FOR PURPOSE OF DEVELOPING A PROPOSED POLICY FOR THE DISPOSITION OF REAL ESTATE OWNED BY THE CITY OF FAIRMONT. 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 re-establishing of an Ad-Hoc advisory committee. Motion: Councilmember Sole 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 FOR THE CITY OF FAIRMONT CONSENTING TO AN OUTDOOR WRESTLING EVENT TO BE CONDUCTED BY LUMBERJAXE, LLC., WHICH EVENT IS TO BE HELD ON A PORTION OF THE MERCHANT STREET PARKING LOT ON JUNE 13, 2024; DISCLAIMER. 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 consenting to an outdoor wrestling event. Motion: Councilmember Rice moved for the adoption of the proposed resolution. Councilmember Garcia seconded the motion. Discussion: KEVIN SANSALONE, City Attorney, explained why this item is before Council, saying that Special Event approvals usually don’t come before Council, but in 6 order for the business to obtain a license to sell alcohol outside of its usual footprint, it needs a special license from the West Virginia Alcohol Beverage Control Administration which requires special recognition from City Council. Several Councilmembers took issue with the content of the event in question. Councilmembers Moran, Sole and Deasy all made known their reservations about manifesting their support of an event with content they deemed morally questionable. There being no further discussion, the Mayor asked for a roll call vote. Roll call was taken by the Clerk and the following votes were recorded: Councilmember McDaniel No Councilmember Nuzum No Councilmember Warner No Councilmember Deasy No Councilmember Sole No Councilmember Moran No Councilmember Rice Yes Councilmember Garcia Yes Mayor Bolyard No The Mayor declared that the resolution failed to pass by a majority vote of council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT, WEST VIRGINIA, MANIFESTING ITS SUPPORT FOR MARION COUNTY'S PROPOSED CFS H2 FACILITY AND AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER THE LETTER OF SUPPORT IN THE FORM ATTACHED. 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. 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. 7 IN RE: ONE APPOINTMENT, FAIRMONT HUMAN RIGHTS COMMISSION, UNEXPIRED TERM TO END NOVEMBER 15, 2024. Mayor Bolyard entertained a motion for one appointment to the Fairmont Human Rights Commission for an unexpired term ending November 15, 2024. Councilmember Warner moved to appoint Sue Montgomery to the Fairmont Human Rights Commission for an unexpired term ending November 15, 2024. The motion was seconded by Councilmember Sole. Roll call was taken by the Clerk The Mayor declared Sue Montgomery appointed to the Fairmont Human Rights Commission for an unexpired term ending November 15, 2024 by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Councilmember Nuzum moved that Council adjourn to Executive Session under WV Code Section §6-9A-4 and under 2.11 of the City Charter. The motion was seconded by Councilmember McDaniel. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:51 p.m. IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 9:17 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember McDaniel moved to adjourn the meeting. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned by voice vote of Council at 9:17 p.m. 8