City Council

FAIRMONT CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 15, 2024 7:00 P.M. COUNCIL CHAMBERS PUBLIC SAFETY BUILDING 500 QUINCY STREET FAIRMONT, WEST VIRGINIA AGENDA I. CALL TO ORDER – Mayor Bolyard II. OATH OF OFFICE – Travis L. Blosser, City Manager III. ROLL CALL OF MEMBERS – Janet L. Keller, City Clerk IV. OPENING CEREMONIES A. Prayer/Meditation – Dr. Mark Staples B. Pledge Of Allegiance – Councilmember Sole C. Proclamation – National Police Week - May 12-18, 2024 D. Proclamation – EMS Week - May 19-25, 2024 V. APPROVAL OF MINUTES Regular Meeting – April 23, 2024 VI. PUBLIC HEARINGS AND ANNOUNCEMENTS A. PUBLIC HEARINGS – no public hearings are scheduled B. ANNOUNCEMENTS VII. CITIZENS PETITIONS VIII. CITY MANAGER’S REPORT IX. CONSIDERATION OF COUNCIL BUSINESS A. PENDING BUSINESS No Pending Business B. NEW BUSINESS 1. Introduction, First Reading, Set Public Hearing, An Ordinance Of The Council Of The City Of Fairmont Providing For And Authorizing The Execution And Delivery Of A Waiver Or Release Of Right Of First Refusal To Purchase Fifth Street Gym From The Board Of Education Of The County Of Marion. 2. Introduction, First Reading, Set Public Hearing, An Ordinance Amending And Supplementing That Portion Of Ordinance No. 403, As Amended, Which Is Codified As Part 15 Fire Prevention Code, Article 1507, Bureau For Fire Prevention, Section .07 State Code And Fire Marshal Rules, Of The Code Of The City Of Fairmont, To Provide For The Adoption Of The Standards And Requirements Set Out In Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, Established And Adopted By The State Of West Virginia, To Be Effective May 1, 2024, Exclusions. 3. 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 May 1, 2024, To Amend And Supplement Subpart (A) Of Rule 4.05 Applicants For Original Appointment To Facilitate The Hiring Of Officers Given The Changes To West Virginia Code §8-14-12, Which Eliminated The Maximum Age Based Restriction For New Hires. X. ADJOURNMENT  MINUTES 4/23/2024  April 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 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: 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 Councilmembers absent were: First District Joshua D. (Josh) Rice 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 Dr. John Polis gave the invocation followed by the Pledge of Allegiance led by Councilmember Warner. APPROVAL OF MINUTES IN RE: MINUTES FOR THE APRIL 9, 2024 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on April 9, 2024. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Mayor Bolyard asked that the minutes be amended to show her recognition of 1 the Fairmont Police Officers in their handling of a high-stress situation. Councilmember Sole moved to approve the minutes for the April 9, 2024, Regular Meeting as amended. The motion was seconded by Councilmember McDaniel. The Mayor declared the minutes approved as amended by voice vote of Council. IN RE: MINUTES FOR THE APRIL 16, 2024 LEVY MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Levy Meeting held on April 16, 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 April 16, 2024, Levy 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 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. Pursuant to a notice duly published in the Times West Virginian on April 12, 2024, a public hearing was convened to obtain citizen input on the WesBanco letter of credit for the City’s Workers’ Compensation policy. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. KEVIN SANSALONE, city attorney, spoke in favor of the ordinance, saying that the City of Fairmont is self-insured with regard to workers' compensation claims and that this letter of credit is a required piece of the 2 guidelines set forth for municipalities that are self-insured. He gave a brief overview of how the system works and that it’s his recommendation that council adopt this ordinance. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. IN RE: AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Pursuant to a notice duly published in the Times West Virginian on April 12, 2024, a public hearing was convened to obtain citizen input on the sale of surplus property owned by the City of Fairmont, namely, an out-of-date street sweeper which has been replaced. The mayor asked if there was anyone present to speak in favor of the proposed ordinance. Interim City Manager Janet Keller spoke in favor of this ordinance. She said that this street sweeper still works but was replaced with a newer model using funds from the American Rescue Plan. She recommended Council adopt this ordinance so that the sweeper can be auctioned while the weather is still warm. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. ANNOUNCEMENTS IN RE: CULTIVATEWV Councilmember Moran congratulated the City of Fairmont for being named a 2024-25 CultivateWV community. She invited the public to join the upcoming monthly forums and the Kick-off Party to be held on June 6th. IN RE: MOUNTAINEER FOOD BANK Councilmember Moran informed Council and the public that the Mountaineer Food Bank will be having a food distribution event at Palatine Park on April 24th. IN RE: CELEBRATE TRAILS DAY 3 Councilmember Moran invited the public to join City Staff at the MCTrail Trailhead on April 27th to take part in Celebrate Trails Day. IN RE: JO HARRY DRIVE UPDATE Councilmember Deasy delivered an update to Council regarding the citizen concerns from Jo Harry Drive. She said that the Planning Commission will likely make some changes that will be beneficial to both the neighboring properties to 1 Jo Harry Drive as well as to any potential commercial development that may locate at that address. IN RE: LEADERSHIP MARION/YOUNG LEADERS Councilmember Sole mentioned that applications for the Leadership Marion and Young Leaders classes are still open and invited students and local businesses to send apply. IN RE: WELCOME TRAVIS Councilmember McDaniel welcomed incoming city manager Travis Blosser and thanked him for the commitment to Fairmont. IN RE: NATIONAL DAY OF PRAYER Councilmember Nuzum invited the public and Council to participate in the National Day of Prayer to be held at Palatine Park on May 4. CITIZENS PETITIONS IN RE: FAIRMONT FREE METHODIST CHURCH Carl Radcliff, Pastor of the Fairmont Free Methodist Church at 910 Morgantown Ave, came to inform Council about issues his church has been experiencing for the last few years. A sewer line broke in the basement of their building and the City’s insurance paid a settlement for the cleanup and repairs. However, the sewage leak caused the asbestos tiles in the basement to need to be replaced, which the claim did not cover. This cost the church around $20,000 out of pocket to remove and replace the tiles. Pastor Radcliff said he was not there to complain, but just to ask Council to see if there is any support they can give to the church. 4  CITY MANAGER’S REPORT The Interim City Manager reported the Madison Street Stormwater project would be concluded by the end of the week, freeing up the street to traffic. Ms. Keller also thanked Council for the opportunity to serve as Interim City Manager for the last several months as this meeting would be her final meeting serving in the position before Mr. Blosser is officially hired. She also thanked all the employees for their work and collaboration. She said that the City is very lucky to have the employees it has. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve the renewal of the WesBanco letter of credit. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember McDaniel 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. 2027 was duly adopted. IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance to 5 approve the sale of surplus property. 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. 2028 was duly adopted. IN RE: ADJOURN TO EXECUTIVE SESSION Councilmember Warner 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 Sole. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:18 p.m. IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 7:41 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 7:41 p.m. 6 ITEM 1  ORDINANCE NO. _______ AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE EXECUTION AND DELIVERY OF A WAIVER OR RELEASE OF RIGHT OF FIRST REFUSAL TO PURCHASE FIFTH STREET GYM FROM THE BOARD OF EDUCATION OF THE COUNTY OF MARION SYNOPSIS By this proposed ordinance the City of Fairmont desires to manifest its intent not to exercise the right of first refusal to purchase Fifth Street Gym, set out in that certain deed by and between the Board of Education and the City of Fairmont, which deed is dated June 7, 1974, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 781, at page 580. In addition, by this proposed ordinance Council authorizes the City Manager to execute and deliver the “Waiver of First Refusal Right to Purchase” in the form attached.  ORDINANCE NO. _______ AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE EXECUTION AND DELIVERY OF A WAIVER OR RELEASE OF RIGHT OF FIRST REFUSAL TO PURCHASE FIFTH STREET GYM FROM THE BOARD OF EDUCATION OF THE COUNTY OF MARION WHEREAS, by deed dated June 7, 1974, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 781, at page 580, the Board of Education of the County of Marion, hereinafter “Board of Education” agreed that the City of Fairmont “shall have the right of first refusal of the purchase of the [Fifth Street Gym] for a nominal fee.” WHEREAS, the Board of Education has notified the City of Fairmont of the sale of Fifth Street Gym, and by this Ordinance, the City of Fairmont desires to manifests its intent not to exercise its right of first refusal and provide for the execution and delivery of the “Waiver of First Refusal Right to Purchase” in the form attached. WHEREAS, the right of first refusal is a vested real property right, and West Virginia Code §8-11-3(6) and Section 2.12 subpart (6) of the City Charter provide that the sale or conveyance of any interest in real property possessed or owned by the City must be authorized by Council by ordinance. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: SECTION 1. FINDING AND WAIVER: The purchase of the Fifth Street Gym from the Board of Education is not in the best interest of the City of Fairmont, and the City of Fairmont hereby waives the right of first refusal set out in that certain deed dated June 7, 1974, and of record in the Office of the Clerk of the County Commission of Marion County, West Virginia, in Deed Book 781, at page 580, and dees hereby release same. SECTION 2. AUTHORIZATION/APPROVAL: The City Manager for the City of Fairmont be and is hereby authorized, empowered and directed to execute and deliver for and in the name of and on behalf of the City of Fairmont the “Waiver of First Refusal Right to Purchase”, in the form attached, together with any other transactional document which may be necessary and to do all acts and things as may be reasonable, necessary and desirable to consummate the transaction contemplated hereby and otherwise carry out the purpose and intent of this ordinance, as the City Manager executing the same may approve, such approval and the propriety and necessity of said documents and acts to be conclusively evidenced by the execution, delivery and undertaking thereof. SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after adoption. Adopted this ____________ day of _______________, 2024. _____________________________ MAYOR ATTEST: ___________________________ CITY CLERK ITEM 2  ORDINANCE NO. _________ AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF ORDINANCE NO. 403, AS AMENDED, WHICH IS CODIFIED AS PART 15 FIRE PREVENTION CODE, ARTICLE 1507, BUREAU FOR FIRE PREVENTION, SECTION .07 STATE CODE AND FIRE MARSHAL RULES, OF THE CODE OF THE CITY OF FAIRMONT, TO PROVIDE FOR THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT IN TITLE 87 LEGISLATIVE RULE, FIRE COMMISSION, SERIES 1 FIRE CODE, AND ESTABLISHED AND ADOPTED BY THE STATE OF WEST VIRGINIA, TO BE EFFECTIVE MAY 1, 2024, EXCLUSIONS SYNOPSIS This proposed ordinance provides for and establishes the standards and requirements set out and established in Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, passed by the State of West Virginia on March 8, 2024, to be effective on May 1, 2024, excluding any standards and requirements directed to the operation of local fire department, and providing that nothing in the rule may be construed to permit or establish standards for the outdoor storage of used tires in the City of Fairmont, the outdoor storage of used tires being otherwise prohibited by ordinance. A copy of the legislative rule is attached.  ORDINANCE NO. _________ AN ORDINANCE AMENDING AND SUPPLEMENTING THAT PORTION OF ORDINANCE NO. 403, AS AMENDED, WHICH IS CODIFIED AS PART 15 FIRE PREVENTION CODE, ARTICLE 1507, BUREAU FOR FIRE PREVENTION, SECTION .07 STATE CODE AND FIRE MARSHAL RULES, OF THE CODE OF THE CITY OF FAIRMONT, TO PROVIDE FOR THE ADOPTION OF THE STANDARDS AND REQUIREMENTS SET OUT IN TITLE 87 LEGISLATIVE RULE, FIRE COMMISSION, SERIES 1 FIRE CODE, ESTABLISHED AND ADOPTED BY THE STATE OF WEST VIRGINIA, TO BE EFFECTIVE MAY 1, 2024, EXCLUSIONS WHEREAS, it is the desire and intent of the City of Fairmont by the adoption of this ordinance to provide for and establish the standards and requirements as set out and established in Title 87, Legislative Rule, Fire Commission, Series I Fire Code, established and adopted by the West Virginia Legislature, and to be effective May 1, 2024; provided that all standards and requirements directed to the operation of local fire departments, if any, are excluded, and further provided that nothing in said rule, including the provisions of Section 87-1-10, Outdoor Storage of Used Tires, shall permit or be deemed to permit the outdoor storage of used tires in the City of Fairmont, or establish or be deemed to establish standards for the outdoor storage of used tires in the City of Fairmont, the outdoor storage of used tires being otherwise prohibited by ordinance. NOW, THEREFORE, THE CITY OF FAIRMONT HEREBY ORDAINS THAT: Ordinance No. 403, as amended and supplemented, codified as City of Fairmont Code Part 15 FIRE PREVENTION CODE, Article 1507 BUREAU FOR FIRE PREVENTION, and particularly Section 1507.07 STATE CODE AND FIRE MARSHAL RULES thereof, be and is hereby amended and supplemented as follows: (matter omitted strikethrough; new matter double underlined.) PART 15 - FIRE PREVENTION CODE ARTICLE 1507 BUREAU FOR FIRE PREVENTION SECTION 1507.07 STATE CODE AND FIRE MARSHAL RULES (a) In addition to the sections of this Fire Prevention Law there are hereby adopted for the purpose of prescribing regulations for fire prevention and safety, the provisions of the West Virginia Code, and the Regulations of the State Fire Marshal and the State Fire Code. (b) The standards and requirements as set out and established in Title 87 Legislative Rule, Fire Commission, Series 1 Fire Code, adopted by the State of West Virginia effective on [August 1, 2022], May 1, 2024, be and are hereby adopted and incorporated in and made a part of this section as if fully set out herein; provided that all standards and requirements directed to the operation of local fire departments are excluded and deemed inapplicable to the City of Fairmont Fire Department; and further provided that nothing in said rule, including the provisions of Section 87-1-10, Outdoor Storage of Used Tires, shall permit or be deemed to permit the outdoor storage of used tires in the City of Fairmont, or establish or be deemed to establish standards for the outdoor storage of used tires in the City of Fairmont, the outdoor storage of used tires being otherwise prohibited by ordinance. This Ordinance shall become effective thirty (30) days after adoption. Adopted this the __________ day of ____________________, 2024. _______________________________ MAYOR ATTEST: ______________________________ CITY CLERK ITEM 3  RESOLUTION 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 MAY 1, 2024, TO AMEND AND SUPPLEMENT SUBPART (a) OF RULE 4.05 APPLICANTS FOR ORIGINAL APPOINTMENT TO FACILITATE THE HIRING OF OFFICERS GIVEN THE CHANGES TO WEST VIRGINIA CODE §8-14-12, WHICH ELIMINATED THE MAXIMUM AGE BASED RESTRICTION FOR NEW HIRES SYNOPSIS By this proposed Resolution the Council of the City of Fairmont manifests its approval of a certain amendment to Subpart (a) Of Rule 4.05 Applicants for Original Appointment, of the Rules and Regulations of the Police Civil Service Commission of the City of Fairmont. The proposed change eliminates the maximum age-based restriction for new hires. This change was approved by the Police Civil Service Commission following a duly noticed meeting held May 1, 2024. A copy of the amendment is made part of this resolution.  RESOLUTION 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 MAY 1, 2024, TO AMEND AND SUPPLEMENT SUBPART (a) OF RULE 4.05 APPLICANTS FOR ORIGINAL APPOINTMENT TO FACILITATE THE HIRING OF OFFICERS GIVEN THE CHANGES TO WEST VIRGINIA CODE §8-14-12, WHICH ELIMINATED THE MAXIMUM AGE BASED RESTRICTION FOR NEW HIRES WHEREAS, West Virginia Code §8-14-1 et seq., provides a comprehensive civil service system for paid police departments. WHEREAS, on January 13, 2000, the Commission adopted rules and regulations pursuant to the provisions of West Virginia Code §8-14-10 and which rules and regulations were approved by City Council on February 22, 2000, which rules and regulations have been amended from time to time. WHEREAS, following a meeting held May 1, 2024, the Commission proposed an amendment to the rule identified in the title to facilitate the hiring and appointment of police officer by eliminating the maximum age-based restriction for new hires as provided by West Virginia Code §8-14-12. WHEREAS, West Virginia Code §8-14-10 provides that all such rules and regulations and any changes or amendments thereto must be submitted to the mayor and governing body for approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL FOR THE CITY OF FAIRMONT THAT: The amendment to Subpart (a) of Rule 4.05 Applicants for Original Appointment, of the Rules and Regulations of the Police Civil Service Commission, a copy of which amendment to said Rules is attached hereto and made a part hereto, be and is hereby approved and adopted by the Council of the City of Fairmont, This resolution shall become effective upon adoption.  Adopted this the 15th day of May, 2024. ______________________________ MAYOR ATTEST: ____________________________ CITY CLERK 4.05 Applicants for Original Appointment (matter to be deleted bracketed; new matter double underline) (a) Applicants for original appointments shall not be less than eighteen (18) years [nor more than forty (40) years] of age on the date of his or her application [, provided however, persons qualifying for appointment by reinstatement under the provision of Section 4.6 may be over forty (40) years of age]. There shall be no other age-based restrictions on application for original appointment.