City Council

June 11 , 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 11th day of June, 2024, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Roll call of members was taken by the City Clerk. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Richard (Rick) Garcia Sixth District Gia Deasy Seventh District Julia (Julie) Sole Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Absent: Fifth District Charles (Chuck) Warner Also present were: City Manager Travis L. Blosser City Attorney Kevin V. Sansalone City Clerk Janet L. Keller Finance Director Priscilla Hamilton Communications Manager David Kirk Planning Director Shae Strait IN RE: OPENING CEREMONIES Rev. Leo Riley gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Deasy. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on May 28, 2024. She asked if there were any corrections, deletions, or amendments. Councilmember Nuzum moved to approve the minutes as submitted. The motion was seconded by Councilmember Sole. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARING S IN RE: AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Pursuant to a notice duly published in the Times-West Virginian on May 31, 2024, a public hearing was convened to obtain citizen input on an ordinance to approve and adopt current replacement pages to the Fairmont City Code. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:04 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 178 HISTORIC LANDMARKS COMMISSION OF THE FAIRMONT CITY CODE TO PROVIDE FOR AN HONORARY STREET NAME PROGRAM; FEE SCHEDULE. Pursuant to a notice duly published in the Times-West Virginian on May 31, 2024, a public hearing was convened to obtain citizen input on an ordinance to provide for an Honorary Street Name Program through the Historic Landmarks Commission. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, spoke in favor of the proposed ordinance. He said that he met with the Historic Landmarks Commission and discussed the matter with them. He said that they have begun working toward the policy for this adoption. He noted that he was in favor of this and thought it would create a nice clear pathway for our community members to reach out and apply for this honorary street name program and raise awareness for these individuals. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. ANNOUNCEMENTS IN RE: PALATINE PARK Councilmember Rice mentioned all of the great events happening at Palatine Park. IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Moran reported the following:  Thanks to everyone who came out to the Cultivate Fairmont event. Special thanks to Erin Hager for her hard work. 2   Thanks to Hobi Leadership Group.  This week is Diversity Week. Saturday was Pride in downtown.  Pierpont and the Salvation Army are teaming up to do a fashion show on June 15th at 3:00 p.m.  The Sound of Music will kick off on June 14th at FSU. She encouraged everyone to get their tickets. IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Deasy made the following announcements:  Cultivate Fairmont was a pretty informative evening. There was a nice turn out.  She attended the Pride Festival on June 8th. The Human Rights Commission was there sharing information and education.  At the last Planning Commission meeting, residents from Jo Harry Drive attended regarding the proposed amendments that will help their situation. They came to a Council meeting a while back asking for consideration of rulings and what goes on in their neighborhood. What is coming out of the Planning Commission to City Council here shortly, everyone will be pleased with that.  One June 16th, 100 of WV’s brightest seniors will be coming to the FSU campus for the Governor’s Honor Academy. IN RE: FAIRMONT LITTLE LEAGUE Councilmember Sole gave a shout out and a thank you to Fairmont Little League Board of Directors for putting on a wonderful spring little league here in Fairmont. IN RE: HOBI WV Mayor Bolyard echoed her appreciation to Hobi WV for coming to Fairmont for their leadership conference. On Saturday, they had ten different service projects within Fairmont and 89 leaders came to the Friendly City and made a difference. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER ’S REPORT Mr. Blosser reported the following items:  Reminder – July 23rd work session at 5:00 p.m. for the Ad-Hoc Property and to go over the implementation of the recommendations.  Reminder – June 25th work session at 5:30 p.m. for staff to present the items coming from the Planning Commission. The proposed amendments will be placed on the July 9th agenda. 3   Reminder – July 9th work session at 5:00 p.m. regarding the Opioid Funds and start working through recommendations from staff related to the distributions of those funds.  Congratulations to our new firefighter, James Dye.  The paving contract is moving slow but making progress. Sands Drive was scheduled for paving, however, Hope Gas had to do some work first and we are working through that before paving starts on that street.  City Hall will be closed on June 19th and June 20th for Juneteenth Day and WV Day.  Loving WV should be opening their retail store on June 20th.  Attended a grand opening and ribbon cutting for Studio Z on East Side.  Staff has been looking at software for service requests on the City’s website. This will be through our online platform.  Met with the High Technology Foundation Director, Jim Estep, and toured the facility there and talked about a number of projects.  Went to the Fairmont Medical Center to look at some pedestrian improvements potentially on Village Way.  Shout out was given to Erin Hager and the Planning Department for the work that they have done on Cultivate WV program.  The new playground equipment was moved to Windmill Park and will be installed soon. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance to approve and adopt current replacement pages to the Fairmont City Code. Motion: 4 Councilmember McDaniel moved for the adoption 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. 2031 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 178 HISTORIC LANDMARKS COMMISSION OF THE FAIRMONT CITY CODE TO PROVIDE FOR AN HONORARY STREET NAME PROGRAM; FEE SCHEDULE The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 178 of the Historic Landmarks Commission to provide for an Honorary Street Name Program. Motion: Councilmember Deasy moved for the adoption 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. 2032 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF A CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY THE CITY OF FAIRMONT AMD (ACID MINE DRAINAGE) STORMWATER /MORGANTOWN AVENUE STORM SEWER REPLACEMENT PROJECT, TO BE LOCATED IN UNION CITY DISTRICT, MARION COUNTY, WEST VIRGINIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FAIRMONT AND THE WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION/OFFICE OF ABANDONED MINE LANDS AND RECLAMATION (DEP/AML) AND AUTHORIZING THE EXECUTION AND DELIVERY THEREOF, AND FURTHER AUTHORIZING THE ACCEPTANCE OF FUNDING FOR THE PROJECT FROM THE DEP/AML IN THE MAXIMUM AMOUNT OF $17,400,000.00, AND PROVIDING THE UTILITY MANAGER AND/OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RATIFICATION. The City Clerk read the proposed ordinance by synopsis for the first time. 5 Mayor Bolyard entertained a motion for the introduction of an ordinance approving the Memorandum of Understanding between the City of Fairmont and the WV Department of Environmental Protection for the construction of a Storm Sewer Replacement Project on Morgantown Avenue. Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for July 9, 2024. IN RE: ADOPTION, A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2023-2024 ANNUAL BUDGET: GENERAL FUND The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution providing for a General Fund Budget Revision. This will be the final budget revision for this current fiscal year. Motion: Councilmember Deasy 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. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING AND EMPOWERING TRAVIS L. BLOSSER, PRISCILLA A. HAMILTON AND JANET L. KELLER TO ACT ON BEHALF OF THE CITY OF FAIRMONT FOR PURPOSES OF CERTAIN OPERATING AND INVESTMENT ACCOUNTS AT HUNTINGTON NATIONAL BANK INC., FAIRMONT, WEST VIRGINIA The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution authorizing Travis L. Blosser, City Manager, to be added to the certain operating and investment accounts at Huntington National Bank. Motion: Councilmember Deasy moved for the adoption of the proposed resolution. Councilmember McDaniel seconded the motion. 6 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 AUTHORIZING AND EMPOWERING TRAVIS L. BLOSSER, PRISCILLA A. HAMILTON AND JANET L. KELLER TO ACT ON BEHALF OF THE CITY OF FAIRMONT FOR PURPOSES OF CERTAIN OPERATING ACCOUNTS AT MVB BANK INC., FAIRMONT, WEST VIRGINIA The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution authorizing Travis L. Blosser, City Manager, to be added to the certain operating accounts at MVB Bank. Motion: Councilmember Garcia 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: A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING AND EMPOWERING TRAVIS L. BLOSSER, PRISCILLA A. HAMILTON AND JANET L. KELLER TO ACT ON BEHALF OF THE CITY OF FAIRMONT FOR PURPOSES OF CERTAIN ACCOUNTS HELD AT WESBANCO BANK, INC. The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution authorizing Travis L. Blosser, City Manager, to be added to the certain accounts held at WesBanco Bank. Motion: Councilmember Sole 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 PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2023-2024 ANNUAL BUDGET: COAL SEVERANCE 7 The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution providing for a Coal Severance Budget Revision. This will be the final budget revision for this current fiscal year. Motion: Councilmember Nuzum 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: ONE RE-APPOINTMENT, FAIRMONT/MORGANTOWN HOUSING AUTHORITY, FIVE YEAR TERM TO END JUNE 30, 2029 Mayor Bolyard entertained a motion for one re-appointment to the Fairmont/Morgantown Housing Authority for a five-year term ending June 30, 2029. Motion: Councilmember Rice moved to re-appoint Marcella Yaremchuk to the Fairmont/Morgantown Housing Authority for a five-year term ending June 30, 2029. The motion was seconded by Councilmember McDaniel. The Mayor declared Marcella Yaremchuk re-appointed to the Fairmont/Morgantown Housing Authority for a five-year term ending June 30, 2029 by unanimous vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion for Council adjourn to Executive Session to consider pending litigation in the case of The City of Fairmont v. Naternicola’s Masonry, LLC, et al., Circuit Court Case CC-24-2024-P-24. Motion: Councilmember Sole moved for Council to adjourn to Executive Session. The motion was seconded by Councilmember McDaniel. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:30 p.m. She noted that no business will be conducted once Council reconvenes the meeting. 8 IN RE: MEETING RECONVENED Mayor Bolyard declared the meeting reconvened at 7:59 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Sole moved to adjourn the meeting. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned by voice vote of Council at 8:00 p.m. 9