City Council

FAIRMONT CITY COUNCIL REGULAR MEETING TUESDAY, APRIL 23, 2024 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGENDA I. CALL TO ORDER – Mayor Bolyard II. ROLL CALL OF MEMBERS – David A. Kirk, Interim City Clerk III. OPENING CEREMONIES A. Prayer/Meditation – B. Pledge Of Allegiance – Councilmember Warner IV. APPROVAL OF MINUTES Regular Meeting – April 9, 2024 Levy Meeting – April 16, 2024 V. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS 1. An Ordinance Authorizing The Renewal Of A Certain Letter Of Credit, No 2001-525, In An Amount Not To Exceed $750,000.00, Issued By WesBanco Bank To The City Of Fairmont For Purposes Of Satisfying A Portion Of The Self- Insured Security And Insurance Requirements Of The West Virginia Workers’ Compensation Act For Fiscal Year 2024-2025. 2. An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. B. ANNOUNCEMENTS  VI. CITIZENS PETITIONS VII. CITY MANAGER’S REPORT VIII. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS 1. Adoption, An Ordinance Of An Ordinance Authorizing The Renewal Of A Certain Letter Of Credit, No 2001-525, In An Amount Not To Exceed $750,000.00, Issued By Wesbanco Bank To The City Of Fairmont For Purposes Of Satisfying A Portion Of The Self-Insured Security And Insurance Requirements Of The West Virginia Workers’ Compensation Act For Fiscal Year 2024-2025. 2. Adoption, An Ordinance Providing For The Public Auction Of Surplus Personal Property Of The City Of Fairmont; Reservation Of Rights. B. NEW BUSINESS No new business. EXECUTIVE SESSION – Pursuant to WV Code 6-9A-4(2)(9) and City Charter Section 2.11(a)(3) – To consider matters involved or affecting the purchase, sale, conveyance, or lease of real property. IX. ADJOURNMENT MINUTES 4/9/2024  April 9, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 9th day of April 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 Building Inspector Scott Jolliff Utility Manager John Carson Program Manager Brian Stewart IN RE: OPENING CEREMONIES Mayor Bolyard led a moment of silence followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. IN RE: FAIR HOUSING MONTH Mayor Bolyard read a proclamation for Fair Housing Month, committing Council and the City of Fairmont toward the equitable and fair treatment of those requiring housing. IN RE: SEXUAL ASSUALT AWARENESS MONTH 1 Mayor Bolyard presented another proclamation, recognizing April as Sexual Assault Awareness Month. A staff member of HOPE, Inc. attended the meeting and received the proclamation on behalf of the organization. IN RE: CHILD ABUSE PREVENTION AWARENESS MONTH Mayor Bolyard presented a third proclamation recognizing April as Child Abuse Prevention Awareness Month. Sgt. Hayhurst of the Fairmont Police Department accepted the proclamation. APPROVAL OF MINUTES IN RE: MINUTES FOR THE MARCH 26, 2024 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on March 26, 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 26, 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 IN RE: 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. Pursuant to a notice duly published in the Times West Virginian on March 29, 2024, a public hearing was convened to obtain citizen input on the City Manager Contract between the City of Fairmont and Travis L. Blosser. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. 2 TOM MAINELLA, Fairmont resident and former member of Fairmont City Council, spoke in favor of the City’s decision to hire Travis Blosser. Mr. Mainella spoke at length about his experiences with Mr. Blosser, citing his own time as Fairmont’s Mayor and as a board member for the West Virginia Municipal League while Mr. Blosser served as Executive Director. MIKE DEVAULT, Marion County Delegate and local business owner, spoke in favor of the City’s decision to hire Travis Blosser. Mr. DeVault cited his experiences in Charleston and how Mr. Blosser educated him on the inner workings of municipal governments. TAYLOR BENNETT, director of the West Virginia Land Stewardship Corporation, spoke in favor of the City’s decision to hire Travis Blosser. Ms. Bennett spoke from her experiences collaborating with Mr. Blosser in Charleston and within municipalities around the state. JAY ROGERS, former Fairmont City Manager and local business owner, spoke in favor of the City’s decision to hire Travis Blosser. He spoke from the perspective as Mr. Blosser’s mentor, saying he’s known Mr. Blosser since he was a high schooler coming to City Council for mock council meetings. He watched him be elected to serve on council and he encouraged Council to approve the final hiring of Mr. Blosser. There being no one else to speak, the public hearing was called to a close at 7:20 p.m. IN RE: 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. Pursuant to a notice duly published in the Times West Virginian on March 29, 2024, a public hearing was convened to obtain citizen input on the 2024- 2025 Pay Plan for City employees. 3 The mayor asked if there was anyone present to speak in favor of the proposed ordinance. PRISCILLA HAMILTON, Director of Finance, spoke in favor of the pay plan and thanked Council and her fellow staff for their help and patience in the overall budget process. ADRIAN HAYHURST, Sargent of the Fairmont Police Department, spoke in favor of the pay plan and thanked the parties involved for the pay increases that are planned for the Police Department. Mayor Bolyard asked if there was anyone present to speak against the budget. Being none, she asked if Council had any comments. Councilmembers Deasy and Moran both thanked staff, specifically Ms. Hamilton and Ms. Keller, for their work on the budget and for making these pay raises possible. There being no one else to speak, the public hearing was called to a close at 7:23 p.m. IN RE: 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: 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. Pursuant to a notice duly published in the Times West Virginian on March 29, 2024, a public hearing was convened to obtain citizen input on a property transfer to the City of Fairmont. 4 The mayor asked if there was anyone present to speak in favor of the proposed ordinance. BRIAN STEWART, Program Manager of the City’s Vacant Buildings program, spoke in favor of the ordinance. He spent most of his time dispelling rumors about the property, specifically, that the structure needed to be torn down, when the City had already removed the structure. There being no one else to speak, the public hearing was called to a close at 7:25 p.m. ANNOUNCEMENTS IN RE: EAST FAIRMONT UNIFORM DRIVE Councilmember Moran mentioned that the East Fairmont High School Busy Bee Band is expecting a large influx of freshmen band members this coming school year and they are raising money for the uniforms that will need purchased. She encouraged interested parties to sponsor part of or an entire uniform for an incoming student. IN RE: MOUNTAINEER FOOD BANK Councilmember Moran informed Council and the public that the Mountaineer Food Band will be having a food distribution event at Palatine Park on April 24th. IN RE: FAIR HOUSING MONTH Councilmember Moran mentioned an upcoming fair housing training being conducted by the Fairmont-Morgantown Housing Authority that will help inform housing providers on how they can be fairer in their housing provisions. IN RE: MARION COUNTY SCHOOLS LITERACY FAIR Councilmember Deasy reminded Council and the public that April 27 th is the annual Literacy Fair for the school district, where parents can bring their children to have some free fun and learn about the district and literacy. It will be located at the Board of Education offices on Mary Lou Retton Drive. IN RE: DISCOVER MARION Councilmember McDaniel invited Council to attend the second annual Discover Marion event which will be held on April 17th at Fairmont State University. IN RE: NIGHT OF HOPE 5 Councilmember Nuzum invited the public and Council to participate in the Night of Hope fundraiser for the Union Mission. IN RE: POLICE OFFICER ANNIVERSARIES Mayor Bolyard congratulated Sgt. Tyler Hall on 12 years and Officer Reed Moran for 10 years of service to the Fairmont Police Department and lead the room in applause for the two officers. CITIZENS PETITIONS There were no citizens petitions. CITY MANAGER’S REPORT The Interim City Manager informed the public that the City of Fairmont was still accepting Police Officer applications. She also mentioned that the City of Fairmont was named one of two communities in the state to be names Cultivate Communities for 2024-2025. She also reminded Council of the Levy Meeting to be held April 16 th at 4:30 p.m. to lay the levy. Ms. Keller turned the remainder of her time to Brian Stewart to discuss the demolition list. Mr. Stewart addressed Council regarding a misunderstanding about the Fire Department using a vacant property for training. He clarified what exactly the firefighters were doing in these buildings and when these sorts of trainings happen. Mr. Stewart also wanted to clear rumors about 315 Wilson Street. He assured Council that that structure is next on his list for demolition as soon as a grant from the West Virginia Department of Environmental Protection is approved to be spent. His final bit of information was regarding 220 Locust Avenue. He said he could not divulge too much information, but that the property was sold to another private individual and has already begun work on renovating and restoring the home. City of Fairmont’s code department has already conducted preliminary inspections and the project is making slow but sure progress. CONSIDERATION OF COUNCIL BUSINESS 6 IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the agreement between the City and Travis L. Blosser to hire Mr. Blosser as City Manager. Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Nuzum 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. 2024 was duly adopted. IN RE: ADOPTION, 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 title. 7 Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the 2024-2025 Pay Plan for City employees. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Sole 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. 2025 was duly adopted. IN RE: ADOPTION, 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: 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve transfer of a property to the City of Fairmont. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. 8 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 2026 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT FOR FISCAL YEAR 2024-2025. 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 McDaniel moved for the introduction of the ordinance. Councilmember Deasy seconded the motion. The Mayor declared the public hearing set for April 23rd, 2024 by voice vote of Council. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF 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 ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for April 23rd, 2024 by voice vote of Council. 9 IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE STATE OF WEST VIRGINIA FOR A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TO PROVIDE ENHANCEMENTS TO THE CITY’S PARKS AND RECREATIONAL FACILITIES IN THE AMOUNT OF $500,000.00, 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 CDBG grant. Motion: Councilmember Rice moved for the adoption of the proposed resolution. Councilmember Warner seconded the motion. Discussion: Councilmember Deasy commended the City’s grant administrator, Rene Graves, for the hard work in bringing so many grant applications before Council and thanked her for her work. There being no more discussion, the Mayor asked for a roll call vote. 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, WEST VIRGINIA, MANIFESTING ITS SUPPORT AND ENDORSEMENT OF A PLAN TO REMEDIATE AND REDEVELOP THE MONROE STREET FIRE HOUSE BY STONE TOWER JOE, LLC, IN COLLABORATION WITH THE WEST VIRGINIA LAND STEWARDSHIP CORPORATION. The Interim City Clerk read the proposed resolution by synopsis for the first time. 10 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 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 ADOPTION OF THE CITY OF FAIRMONT FLEXIBLE BENEFIT PLAN (CAFETERIA PLAN) TO BE EFFECTIVE JULY 1, 2024; 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 the Cafeteria Plan. Motion: Councilmember Nuzum 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. IN RE: ADOPTION, A RESOLUTION IN SUPPORT OF FAIR HOUSING IN 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 supporting fair housing. Motion: 11 Councilmember Sole 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. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: Councilmember McDaniel moved to adjourn the meeting. The motion was seconded by Councilmember Deasy. The Mayor declared the meeting adjourned by voice vote of Council at 7:51 p.m. 12 MINUTES 4/16/2024  April 16, 2024 The Adjourned Meeting of the City Council of the City of Fairmont was held at 4:30 p.m. on the 16th day of April, 2024, at the Public Safety Building located at 500 Quincy Street, Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call was taken by the Clerk. Councilmembers present were: Second District Anne E. Bolyard Fourth District Richard (Rick) Garcia Fifth District Charles (Chuck) Warner Sixth District Gia Deasy Seventh District Julia (Julie) Sole Eighth District Bruce McDaniel Councilmembers absent were: First District Joshua D. (Josh) Rice Third District Rebecca Moran Ninth District Kandice (Kandi) Nuzum Also present were: Interim City Manager Janet L. Keller Interim City Clerk David A. Kirk Finance Director Priscilla Hamilton PUBLIC HEARING IN RE: ADOPTION, A RESOLUTION APPROVING RATES OF LEVY LAID BY CITY OF FAIRMONT, MARION COUNTY, AND APPROVED BY THE STATE TAX COMMISSIONER FOR MUNICIPAL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 2024 IN ACCORDANCE WITH CHAPTER 11, ARTICLE 8 OF THE WEST VIRGINIA CODE, AS AMENDED. Pursuant to a notice duly published in the Times-West Virginian, on March 30, 2024 and April 6, 2024, Mayor Bolyard convened a public hearing to obtain 1 citizen input on a resolution to approve the levy rates for July 1, 2024. Mayor Bolyard asked if anyone present wished to speak in favor of or in opposition to the proposed resolution. Ms. Hamilton spoke in favor of the proposed resolution. She said this resolution is the culmination of around 5 months of work and she thanked Council for their help with the process and asked that they support the resolution. Ms. Keller spoke in favor of the proposed resolution. She asked Council to approve the resolution. She explained that this resolution sets the Levy Rates for the Ad Valorum Taxes and finalizes the Budget for FY25. There being no one else to speak to the proposed Levy, the public hearing was called to a close at 4:32 p.m. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, A RESOLUTION APPROVING RATES OF LEVY LAID BY CITY OF FAIRMONT, MARION COUNTY, AND APPROVED BY THE STATE TAX COMMISSIONER FOR MUNICIPAL PURPOSES FOR THE FISCAL YEAR BEGINNING JULY 1, 2024 IN ACCORDANCE WITH CHAPTER 11, ARTICLE 8 OF THE WEST VIRGINIA CODE, AS AMENDED. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of the proposed Resolution. Motion: Councilmember Warner moved for the adoption of the resolution and Councilmember McDaniel seconded the motion. Roll call was taken by the Clerk. Mayor Bolyard declared the resolution adopted by unanimous vote of those Councilmembers present. 2  ADJOURNMENT Mayor Bolyard entertained a motion for adjournment. Motion: Councilmember Deasy moved to adjourn the meeting. Councilmember Sole seconded the motion. Mayor Bolyard declared the meeting adjourned by voice vote of Council at 4:33 p.m. 3 ITEM 1  ORDINANCE NO. ________ AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT FOR FISCAL YEAR 2024-2025. SYNOPSIS By this proposed ordinance, the Council for the City of Fairmont authorizes and approves the renewal of the WesBanco Bank Irrevocable Letter of Credit, No. 2001-525, in amount not to exceed $750,000.00, and further authorizes the City Manager, or their designee, to do all things reasonable and necessary to in connection therewith, including full power and authority to execute and deliver, on behalf of the City of Fairmont, any and all necessary documents and to pay any and all necessary premiums. The Irrevocable Letter of Credit fulfills a portion of the City’s self-insurance requirements under the West Virginia Workers’ Compensation Act to provide security and insurance to protect against the risks associated with injuries arising in the course and scope of employment, including the risk of catastrophic injury. The final amount of the letter of credit will be fixed by supplemental resolution of Council as directed by the State of West Virginia Worker’s Compensation Division predicated upon an audit of the City’s account.  ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE RENEWAL OF A CERTAIN LETTER OF CREDIT, NO 2001-525, IN AN AMOUNT NOT TO EXCEED $750,000.00, ISSUED BY WESBANCO BANK TO THE CITY OF FAIRMONT FOR PURPOSES OF SATISFYING A PORTION OF THE SELF-INSURED SECURITY AND INSURANCE REQUIREMENTS OF THE WEST VIRGINIA WORKERS’ COMPENSATION ACT FOR FISCAL YEAR 2024-2025. WHEREAS, the City of Fairmont, hereinafter City, employs on an average of approximately 200 full time employees. WHEREAS, the City is an “employer” within the meaning of and as defined by West Virginia Code §23-2-1, the West Virginia Workers’ Compensation Act, and is required to subscribe to the Workers’ Compensation Fund for the protection of its employees. WHEREAS, in order to fulfill its obligation under West Virginia Code §23-2-1, the City in 1986, pursuant to the provisions of West Virginia Code §23-2-9, applied for and received permission from the Fund and has continuously been self-insured regarding its workers’ compensation risk, including the risk of catastrophic injury. WHEREAS, the self-insurance practices of the City have resulted in an average annual surplus after the payment of all claims, premiums and costs. WHEREAS, the City, in order to satisfy a portion of the self-insurance requirements of the Fund, has historically provided an irrevocable letter of credit issued by WesBanco Bank, being Irrevocable Letter of Credit No. 2001-525, the amount of which letter of credit is subject to annual determination by the State of West Virginia Worker’s Compensation Division predicated upon an audit of the City’s account. WHEREAS, West Virginia Code §8-11-3 provides that the action of a governing body which authorizes the issuance of any form of indebtedness shall be by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council for the City of Fairmont that: SECTION 1. The Council for the City of Fairmont does hereby authorize and approve the renewal of WesBanco Bank Irrevocable Letter of Credit No. 2001-525, upon its maturity date of June 30, 2024, in an amount not to exceed $750,000.00. SECTION 2. The City Manager or their designee, on behalf of the City of Fairmont, be and is hereby authorized and empowered to act in accordance with law and to do all things reasonable and necessary to in connection with said Irrevocable Letter of Credit, including full power and authority to execute and deliver, on behalf of the City of Fairmont, any and all necessary documents and to pay any and all necessary premiums relating thereto.  SECTION 1. The final amount of the letter of credit shall be fixed by supplemental resolution of Council as directed by the State of West Virginia Worker’s Compensation Division predicated upon an audit of the City’s account. Passed this the __________ day of ________________, 2024. _________________________________ MAYOR ATTEST: ______________________________ INTERIM CITY CLERK ITEM 2  ORDINANCE NO. ______ AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS SYNOPSIS This proposed ordinance authorizes the sale of certain personal property of the City of Fairmont which has been determined to be unnecessary, inappropriate, not required for the use of, unprofitable to, and not in the best interest of the City. The property is identified with particularity on the list entitled Inventory of City of Fairmont Declared Surplus Property, dated as of March 2024, attached to the ordinance. Subject to any stated reserve, the Finance Director, or her designee, is authorized by this ordinance to fix, or cause to be fixed, the time, terms, manner, and place of said public auction or to provide for sale by an internet-based auction with the stipulation that the sale of all of such property shall be “AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. Notice of the auction shall be published as a Class II Legal Advertisement in a newspaper in general circulation in the City of Fairmont as required by the provisions of West Virginia Code §8-12-18. This proposed ordinance requires that all City decals, insignia and other evidence of City ownership shall be removed from each and every item of personal property prior to sale. This proposed ordinance reserves unto the City the right, without further notice, to remove any item from the sale, immediately halt the sale, or take any other action regarding the sale deemed in the best interest of the City.  ORDINANCE NO. _________ AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS WHEREAS, the City of Fairmont is the owner of certain items of personal property identified on the attachment entitled Inventory of City of Fairmont Declared Surplus Property Dated as of March 2024. WHEREAS, it has been estimated that certain of said items may have an individual value in excess of $1,000.00. WHEREAS, West Virginia Code §8-11-3(6) requires the adoption of an ordinance prior to the sale of personal property belonging to a municipality. WHEREAS, West Virginia Code §8-12-18(b) requires the sale of such property for fair and adequate consideration at public auction or by an internet-based auction. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING: The continued ownership of the items of personal property identified on the Inventory of City of Fairmont Declared Surplus Property Dated as of March 2024, attached hereto and made a part hereof as if fully set out verbatim herein, is no longer necessary, appropriate, required for the use of, profitable to, or in the best interest of the City and the same should be sold. SECTION 2. SALE AUTHORIZED: The Finance Director, or her designee, be and is hereby authorized to conduct, or otherwise cause to be conducted, a public auction or to provide for sale by an internet-based auction said personal property of the City of Fairmont. Subject to any reserve or starting bid, the Finance Director, or her designee, is hereby authorized to accept from the highest bidder a sum found to be fair and adequate consideration in their sole discretion. All City decals, insignia and other evidence of City ownership shall be removed from each and every item of personal property prior to sale. SECTION 3. TERMS OF SALE: The Finance Director, or her designee, shall fix, or cause to be fixed, the time, terms, manner, and place of said auction consistent with the provisions of West Virginia Code §8-12-18(b) however, the sale of any item of such property shall be “AS IS WITHOUT WARRANTY, EXPRESS OR IMPLIED”.  SECTION 4. RESERVATION OF RIGHTS: The City of Fairmont hereby reserves the right, without further notice, to remove any item of property identified above prior to sale, immediately halt any sale, or take any other action with regard to any item of said property or such sale in the entirety which it deems necessary in the best interest of the City of Fairmont. No reservation of rights hereunder by the City of Fairmont shall imply an obligation on the part of the City of Fairmont to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of the City of Fairmont’s right to exercise same at a later date. SECTION 5. NOTICE: The Finance Director, or her designee, shall cause a Class II Legal Advertisement to be published advertising the place, time, and terms of such sale together with a brief description of the property to be sold in accordance with the provisions of West Virginia Code §8-12-18(b). This Ordinance shall be effective thirty (30) days after adoption. Passed this the _____ day of __________________, 2024. ________________________________ MAYOR ATTEST: ____________________________________ INTERIM CITY CLERK