City Council

July 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 July, 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 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: City Manager Travis L. Blosser City Attorney Kevin V. Sansalone City Clerk Janet L. Keller Communications Manager David Kirk Planning Director Shae Strait Finance Director Priscilla Hamilton Utility Manager John Carson Stormwater Manager Mike Bragg IN RE: OPENING CEREMONIES Rev. Leo Riley’s wife, from the Agape Church, gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember McDaniel. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on June 25, 2024. She asked if there were any corrections, deletions, or amendments. Councilmember McDaniel 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 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. Pursuant to a notice duly published in the Times-West Virginian on June 21, 2024 and again on June 28, 2024, a public hearing was convened to obtain citizen input on 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. The Mayor asked if anyone present desired to speak to the proposed ordinance. JOHN CARSON , Utility Manager, spoke in favor of the proposed ordinance. He said this ordinance will enter into a memorandum of understanding with the WV DEP to perform a storm water project in the Morgantown Avenue area. He explained that it will start above Morgantown Avenue around Palatine Avenue. There was an abandoned mine in that area that the AML group had performed remediation on before and prior to that some acid mine drainage had been going into the system and has caused deterioration to that system. This project will be funded by the AML Funds and it will upgrade and replace the system that is there now. He said there will be roughly 2,000 feet of pipe ranging from 36” to 72” pipe and it is extremely deep in that area. He closed by saying that they will be working with The Thrasher Group to help design this, bid it out, and have a contractor do the work. The estimated work will be approximately $17,400,000. REV. LEO RILEY, with the Agape Church, also spoke in favor of the proposed ordinance. He said that over the last couple of years, this drainage problem has affected their church. They have been flooded out, at 410 Morgantown Avenue, several times which has caused structural problems to the building. He said that they have been very patient without getting this resolved and they are happy to get to this point and they definitely need some movement on this situation. 2 There being no one else to speak, the public hearing was called to a close at 7:08 p.m. ANNOUNCEMENTS IN RE: CITY MANAGER COMMENDED Councilmember Rice thanked Mr. Blosser for taking care of a complaint he had received from a resident on Blaine Street. Councilmember Garcia said he would like to thank the City Manager because Bellview is looking better from Miller School down to Bellview. Councilmember Deasy thanked the City Manager and everyone that came out earlier to the Opioid work session. She noted that she appreciated everyone’s time. IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Moran reported the following:  The firework display was spectacular this year.  The next workshop for Cultivate WV will be held on July 11th at 5:30 p.m. at Windmill Park.  The Run for Recovery is almost here and it benefits the Union Mission.  Free movie night to be held on Friday, July 12th, at the soccer field at 2nd Street and Walnut Avenue. IN RE: FAIRMONT LITTLE LEAGUE Councilmember Sole wished good luck to the Fairmont Little League 11-U All-Star Team that will be representing Fairmont in Ona/Milton starting Friday, July 12th. She noted that the 12-U All-Star Team will be traveling to Madison/Chapmanville on July 19th to represent Fairmont. IN RE: TURTLE ON A POST FARM Councilmember Nuzum reported that the 1st Annual Mountaineer Country Farm Crawl will take place on Saturday, July 27th and Sunday, July 28th from 10:00 a.m. to 4:00 p.m. both days. What is a Farm Crawl? It is a whole day dedicated to getting folks out and about, exploring the vibrant farming scene in Harrison, Marion, and Monongalia County. You will learn how and where your food is grown and about local agriculture. The event is free for the whole family. It is a self-directed event where you drive from farm to farm in any order you like. You choose how many farms you would like to see and how much time you would like to spend at each one. Some stops have demos, tours, workshops, yoga, food, activities, or products for sale. CITIZENS PETITIONS 3 IN RE: ECONOMIC DEVELOPMENT CHUCK SEXTON , Founder and CEO of Strategic Location Advisors, a site selection and economic development consulting firm, introduced himself to City Council. He went on to explain his company and what they do. He said that his company has been hired by MRDC to lay the foundation for new economic development. He added that he works with communities and states on how to make their communities more attractive. CITY MANAGER ’S REPORT Mr. Blosser reported the following items:  Mr. Blosser thanked Chuck Sexton for attending the Council meeting and said that he looks forward to his work over the next year in Fairmont.  He reported that the City moved to make changes to our Property Casualty and Excess Workers Compensation Coverages with a different firm with a significant savings to the City.  Staff met last week and had a discussion regarding the proposed PODA (Private Outdoor Designated Area) ordinance.  Held a pre-bid meeting for the Norwood Park Project. There was a significant turnout to the meeting and he gave a shout out to City Attorney Kevin Sansalone for his hard work on the project.  The Marion County Humane Society will have a presentation regarding feral cats at our July 23rd Council meeting as part of his City Manager’s Report.  Met with the DOH and had the following discussions:  The signalization project has a completion deadline of spring, 2025. It is a fairly extensive project replacing all signals within the City and no extension has been granted.  Paving for the downtown corridor is slated for summer of FY25. He encouraged and suggested that they take a deep look at significant patching so those roads are not like a washboard as they are now.  The State is scheduled to replace the Everest Drive Bridge, however, those bridges are handled out of the Charleston Office so he will be following up with the Charleston Office.  The Spanky Roberts Bridge is scheduled for deck replacement between FY25 and FY28.  The decorative street lights on the new 4th Street Bridge will be turned over to the City once the State does re-wiring and has the wiring issues taken care of. The majority of the lights are still not working since they have been installed by the State.  East Park Avenue is scheduled to be paved in FY27.  The Gateway Connector is scheduled for paving in FY27. He has asked the State to move this to a higher timeframe. 4 IN RE: FINANCE DIRECTOR COMMENDED Mr. Blosser commended Finance Director, Priscilla Hamilton, and the Finance Department for closing out year-end on June 30th. He noted that it was a big endeavor and he appreciated her and her dedicated team for their hard work. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption 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 adoption 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. 2033 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS OF THE PROVISIONS OF THE CITY’S CODIFIED PLANNING AND ZONING CODE TO AMEND AND 5 SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DRIVE- THROUGH FACILITIES CONDITIONALLY PERMITTED IN MAIN CORRIDOR COMMERCIAL DISTRICT, AND MAKE RESTAURANT WITH ALCOHOL SALES CONDITIONALLY PERMITTED IN NEIGHBORHOOD MIXED USE. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 3.0 of the Zoning Districts of the Planning and Zoning Code to make drive-through facilities conditionally permitted in Main Corridor Commercial District and make restaurant with alcohol sales conditionally permitted in Neighborhood Mixed Use. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. The Mayor declared the public hearing set for July 23, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 3.0 ZONING DISTRICTS , AND MORE PARTICULARLY SECTION 3.7 MAIN CORRIDOR COMMERCIAL, OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO PROVIDE FOR LOT STANDARDS FOR CIVIC USES, INCREASE MAXIMUM FRONT YARD SET BACKS TO 90 FEET FOR COMMERCIAL AND CIVIL DEVELOPMENTS, REQUIRE VEHICLE ACCESS IN SUCH A WAY AS TO REDUCE ITS IMPACTS ON ADJACENT RESIDENTIAL DISTRICTS, AND CREATE A 25-FOOT REAR AND SIDE YARD REQUIREMENT IN CERTAIN CIRCUMSTANCES; SAVINGS CLAUSE. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 3.0 of the Zoning Districts, particularly Section 3.7 Main Corridor Commercial, of the Planning and Zoning Code to provide for lot standards for civic uses, increase maximum front yard setbacks to 90 feet for commercial and civil developments, require vehicle access in such a way as to reduce its impacts on adjacent residential districts and create a 25-foot rear and side yard requirement in certain circumstances. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Rice seconded the motion. The Mayor declared the public hearing set for July 23, 2024. 6 IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 4.0 USE STANDARDS OF THE PROVISIONS OF THE CITY’S CODIFIED PLANNING AND ZONING CODE TO CREATE BUFFER YARD AND SCREENING REQUIREMENTS FOR CERTAIN COMMERCIAL USES, CERTAIN REQUIREMENTS AND RESTRICTIONS FOR DRIVE-THROUGHS, AND SITE PLAN REQUIREMENTS FOR RESTAURANT WITH ALCOHOL SALES . The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 4.0, Use Standards, of the Planning and Zoning Code to create buffer yard and screening requirements for certain commercial uses, certain requirements and restrictions for drive-throughs, and site plan requirements for restaurant with alcohol sales. Motion: Councilmember Warner moved for the introduction of the proposed ordinance. Councilmember Deasy seconded the motion. The Mayor declared the public hearing set for July 23, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.5 LANDSCAPING REQUIREMENTS TO PROVIDE FOR MINIMUM SPACING BETWEEN DECIDUOUS TREES, REMOVE REDUNDANCIES, AND PERMIT PEDESTRIAN PATHS IN TYPE-E BUFFER YARDS, CLARIFICATIONS. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 5.0 Site Standards, particularly Section 5.5 Landscaping Requirements, to provide for minimum spacing between deciduous trees, remove redundancies, and permit pedestrian paths in Type-E buffer yards. Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. The Mayor declared the public hearing set for July 23, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.6 LOT STANDARDS , TO PROVIDE FOR THE RELOCATION OF 7 CERTAIN MINIMUM LOT STANDARDS TO ARTICLE 7 OF THIS ZONING CODE, AND TO PROVIDE FOR CERTAIN STANDARDS FOR LOTS UNDER SINGLE OWNERSHIP. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 5.0 of the Site Standards, particularly Section 5.6 Lot Standards, of the Planning and Zoning Code, to provide for the relocation of certain minimum lot standards to Article 7 of this Zoning Code and to provide for certain standards for lots under single ownership. Motion: Councilmember Sole moved for the introduction of the proposed ordinance. Councilmember Nuzum seconded the motion. The Mayor declared the public hearing set for July 23, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE MINOR SUBDIVISION APPROVAL FOR ALREADY PLATTED LOT VIA DEED, AND TO ADD MINIMUM LOT STANDARDS TO THIS ARTICLE; SEVERABILITY; SAVINGS CLAUSE. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance amending Article 7.0 Subdivision Regulations, of the Planning and Zoning Code, to accommodate minor subdivision approval for already platted lot via deed, and to add minimum lot standards to this Article. Motion: Councilmember Warner moved for the introduction of the proposed ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for July 23, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 113, PURCHASING AND DISPOSITION OF PROPERTY, OF THE FAIRMONT CITY CODE, TO PROVIDE FOR PROHIBITED CONTRACT CLAUSES TO BE CODIFIED AS SECTION 113.05 OF SAID ARTICLE . The City Clerk read the proposed ordinance by synopsis for the first time. 8 Mayor Bolyard entertained a motion for the introduction of an ordinance amending and supplementing Article 113, Purchasing and Disposition of Property, to provide for prohibited contracts clauses to be codified as Section 113.05 of said Article. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. The Mayor declared the public hearing set for July 23, 2024. 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 ACCOUNTS HELD AT EDWARD JONES. 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 and empowering Travis L. Blosser, City Manager, Priscilla A. Hamilton, Finance Director, and Janet L. Keller, City Clerk, to act on behalf of the City of Fairmont for purposes of certain accounts held at Edward Jones. Motion: Councilmember Nuzum 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 PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2024-2025 ANNUAL BUDGET: COAL SEVERANCE. 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. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. 9 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, THREE-YEAR TERM TO END JUNE 30, 2027. Mayor Bolyard entertained a motion for one appointment to the Arts and Humanities Commission for a three-year term ending June 30, 2027. Motion: Councilmember Sole moved to appoint Natalie Feltz to the Arts and Humanities Commission for a three-year term ending June 30, 2027. The motion was seconded by Councilmember Deasy. The Mayor declared Natalie Feltz appointed to the Arts and Humanities Commission for a three-year term ending June 30, 2027 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Nuzum moved to adjourn the meeting. The motion was seconded by Councilmember Sole. The Mayor declared the meeting adjourned by voice vote of Council at 7:46 p.m. 10