City Council

August 13, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 13th day of August, 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 Fourth District Richard (Rick) Garcia Fifth District Charles (Chuck) Warner Sixth District Gia Deasy Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Absent: Third District Rebecca Moran Seventh District Julia (Julie) Sole 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 Utility Manager John Carson Utility Controller Mark Moore Program Manager Brian Stewart IN RE: EXCUSE COUNCILMEMBERS MORAN AND SOLE Mayor Bolyard moved to excuse Councilmembers Moran and Sole from this meeting. The motion was seconded by Councilmember McDaniel. The Mayor declared Councilmembers Moran and Sole excused from this meeting by voice vote of Council IN RE: OPENING CEREMONIES 1 Rev. Nici Masters, of the Gateway United Methodist Church, gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Nuzum. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on July 23, 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 Warner. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARING S IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE JUNKYARD AS JUNKYARD OR SALVAGE CENTERS. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code to redefine Junkyard as Junkyard or Salvage Centers. 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 it was heard on June 5, 2024 by the Planning Commission and forwarded to City Council with unanimous favorable recommendation. This particular ordinance redefines the terms. There being no one to speak, the public hearing was called to a close at 7:05 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.4 PARKING TO CREATE MAINTENANCE STANDARDS FOR DRIVEWAYS AND PARKING LOTS, AND TO CREATE REGULATIONS AND STANDARDS FOR PARKING ON LANDSCAPED AREAS. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 Site Standards, particularly Section 5.4 Parking, of the Planning and Zoning Code, to create standards for driveways and parking lots and to create regulations and standards for parking on Landscaped Areas. 2 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 explained that this ordinance does create maintenance standards for driveways, creates standards for loop driveways within the front yard, updates the graphics related to driveways to be more consistent, creates a standard for a type of gravel that may be used in driveways, and expands upon the parking on landscaping standards to reflect a ruling on an earlier case by the Board of Zoning Appeals. This was also heard on June 5, 2024 and was forwarded to City Council with a unanimous favorable recommendation. Councilmember Deasy mentioned that since she is on the Planning Commission, it was pretty impressive the work that the Planning Commission did. These ordinances were pretty thoughtfully and carefully reviewed. There being no one to speak, the public hearing was called to a close at 7:06 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENT TO REPEAL AND REPLACE CERTAIN REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10 ACCESSORY BUILDINGS AND STRUCTURES TO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS UNDER THE CIRCUMSTANCES AS DESCRIBED. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 5.0 Site Standards, particularly Section 5.9 Refuse Containment and Mechanical Equipment, of the Planning and Zoning Code, relating to garbage and refuse container enclosures and Section 5.10 Accessory Buildings and Structures, to permit accessory structures in certain yards. The Mayor asked if anyone present desired to speak to the proposed ordinance. Shae Strait, Director of Planning, said on June 5, 2024, the Planning Commission heard this item as well. He went on to say that they forwarded it to Council with a unanimous favorable recommendation and does exactly what is stated in the synopsis. It also helps to clarify structures which are exempt from permit requirements. There being no one to speak, the public hearing was called to a close at 7:07 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE CHILD CARE CENTER, CHILD CARE FACILITY, AND CHILD CARE 3 HOME AS DAY CARE CENTER, DAY CARE FACILITY, AND DAY CARE HOME, RESPECTIVELY. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code, particularly Section 2.2, to redefine Child Care Center, Child Care Facility and Child Care Home as Day Care Center, Day Care Facility and Day Care Home. The Mayor asked if anyone present desired to speak to the proposed ordinance. Shae Strait, Director of Planning, spoke to this ordinance and the next two ordinances. These were also heard on June 5, 2024 by the Planning Commission and were forwarded to Council with unanimous favorable recommendations to City Council. They pertain to day care facilities. The first one updates our definitions and language in the ordinance to have more inclusive and universal language pertaining to these types of businesses. The next one also changes the permitted use chart to create more permissive nature for these businesses to accommodate the needs for our community and various zoning districts and then the last one is a small adjustment to the use standards, which is item #6 on the agenda, to place our standards more in line with State Code. He added that this was initiated by a local business owner and then brought forth to the Planning Commission and then brought to City Council. There being no one to speak, the public hearing was called to a close at 7:10 p.m. IN RE: 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 SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DAY CARE FACILITY A PERMITTED USE IN NEIGHBORHOOD MIXED USE (NMU) DISTRICT; AND MAKE CHILD CARE CENTER CONDITIONALLY PERMITTED THEREIN. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to make Day Care Facility a permitted use in Neighborhood Mixed Use and make Child Care Center conditionally permitted. 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 7:11 p.m. IN RE: 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 AND MORE 4 PARTICULARLY SECTION 4.7 DAY CARE BUSINESSES TO MODIFY THE USE STANDARDS RELATING THERETO. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code, particularly Section 4.7 Day Care Businesses, to modify the Use Standards relating thereto. 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 7:12 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 July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance providing for the public auction of surplus personal property of the City of Fairmont. 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 7:13 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, NAMELY: CERTIFICATION # DESCRIPTION 2023-C-000031 LT CLEVELAND AVE, FAIRMONT FAIRMONT CORP 2023-C-000038 BLK BLT 2 WALNUT AVE (PLAT 59-A-E), FAIRMONT FAIRMONT CORP 2023-C-000080 LT 24A FENNIMORE ST (PLAT 743-162), FAIRMONT FAIRMONT CORP 2023-C-000095 BLK 5 LT 1 WATSON AVE (PLAT 509-485), FAIRMONT FAIRMONT CORP 2023-C-000097 BLK 6 LT 4 CLIFF AVE (PLAT 171-362),FAIRMONT FAIRMONT CORP 2023-C- 000103 PT LT HIGH ST, FAIRMONT FAIRMONT CORP 2023-C-000105 LT MONROE ST, FAIRMONT FAIRMONT CORP 2023-C-000140 PT LS 25-26 HOWARD ST, FAIRMONT FAIRMONT CORP 5  2023-C-000141 PT LT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP 2023-C-000154 BLK 20 LOT 2 ELK AVE (PLAT 424-351), FAIRMONT FAIRMONT CORP 2023-C-000185 12701 SQFT OR 0.3014 AC HAYMOND ST, FAIRMONT UNION CORP 2023-C-000186 PT LT STEVENS ALLEY, FAIRMONT UNION CORP 2023-C-000199 LOT 32 OREGON AVE, FAIRMONT WINFIELD CORP 2023-C-000200 LOT 31 OREGON AVE, FAIRMONT WINFIELD CORP BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASER(S) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance providing for and authorizing the purchase of certain parcels of real estate situate in the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. Brian Stewart, Program Manager for Vacant Buildings, spoke in favor of the proposed ordinance. He said that the City bid on all of these buildings at the state tax sale. He noted that the first and last one on the list are vacant properties, however, all others have dilapidated structures on them. He said that just because we bid on them does not mean we are going to get them; some of them may be redeemed. There being no one to speak, the public hearing was called to a close at 7:15 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF THAT CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY THE POTABLE WATER STORAGE TANKS COATING, REPAIR AND MODIFICATION PROJECT, TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT ’S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. Pursuant to a notice duly published in the Times-West Virginian on July 26, 2024, a public hearing was convened to obtain citizen input on an ordinance approving the coating, repair, and modification to the potable water storage tanks to be funded from the City of Fairmont’s ARPA Funds. 6 The Mayor asked if anyone present desired to speak to the proposed ordinance. John Carson, Utility Manager, spoke in favor of the ordinance. He stated that this project is a needed project and will paint the potable water tanks that serve our system. He added that it is much needed and is in part of the ARPA funding and Water funding as well. Councilmember McDaniel asked what tanks are getting painted. Mr. Carson replied the Watson tank, the Sterling tank, and the Clearwell. There being no one to speak, the public hearing was called to a close at 7:17 p.m. ANNOUNCEMENTS IN RE: SCHOOL STARTING Councilmember Garcia reminded everyone that school will be starting on August 21st. Councilmember Deasy also mentioned for everyone to remember that the school buses are running next week and the stop signs they put out are very important. IN RE: NATIONAL NIGHT OUT Councilmember Warner stated that he enjoyed the National Night Out sponsored by the Police Department. IN RE: MVA EVENT Councilmember Warner announced that MVA had a carnival-like atmosphere and was well attended. IN RE: WVML CONFERENCE Councilmember Deasy mentioned some of the training sessions that were held at the WV Municipal League Conference last week in Huntington. Some of the seminars were very similar to the concerns that we have here in Fairmont. She mentioned that a lot of towns and cities are concerned about their water supply and what they have to do to keep their water viable and up-to-date. She added that we are not the only ones addressing homelessness and the concern of drug addiction and what that does to the community. IN RE: MARION COUNTY CONVENTION AND VISITORS BUREAU Councilmember Nuzum passed out a little booklet from the CVB and it is a tour on pepperoni rolls. It tells you all about pepperoni rolls and every place you can buy one around here. 7 IN RE: NEED FOR POLL WORKERS Councilmember Nuzum also mentioned that there is a need for poll workers. If anyone would like to be a poll worker, please contact the Marion County Clerk’s Office, and let them know. IN RE: RECOGNITIONS ANNOUNCED Mayor Bolyard announced the following:  Congratulations to the two members of the Fairmont Fire Department that were promoted this week. Bob Sliger was promoted to the rank of Captain and Eric Brubaker was promoted to the rank of Lieutenant.  Congratulations to Captain Sliger with 24 years of service.  Congratulations to Lieutenant Brubaker with 17 years of service.  Congratulations to Paula Friend with 25 years of service.  Congratulations to Michael Bragg with 32 years of service.  Congratulations to Gary Moore who will be retiring from Utility Field Services as Supervisor after 31 years of service. CITIZENS PETITIONS IN RE: WINDMILL PARK Bennie and Elise Kyle, 139 Bourbon Street, addressed Council for not installing playground equipment at Windmill Park. He said that for the past four months he has called the City about the park telling them how dangerous it is and how the workers brought their equipment there in May and still come everyday for eight hours and sit around. He went on to say that he called the City Manager and does not receive a call back. He added that all summer is done. He said that the area is unsafe for children to play in and that the site has holes and other dangers. He stated that nobody cares about that neighborhood. After a lengthy presentation, Mr. Blosser responded. Mr. Blosser explained that the playground equipment should have been installed a long time ago. He said that he has had a couple conversations with Councilmember Garcia and other members of City Council, that is unacceptable. He said that our workers, given how large that equipment is, were not capable of installing that equipment in a timely manner. He went on to say that the City made a mistake by not having the equipment supplier do the installation as well. He added that the City is moving forward with that company to have it installed by September and that the City would learn from the mistake. He said that he cannot fix was happened in the past and he understood the frustration, it should have been installed. Councilmember Rice agreed to meet with Mr. Kyle at the park to look at the situation. IN RE: FERAL CAT ISSUE AND PARKING ISSUE 8 Jerry Pinson, 331 Marion Street, addressed Council regarding a feral cat issue in the Marion Street neighborhood. He said that the feral cats are getting worse. The people on May Street and Lee Street baits them in and feeds them and the people on Marion Street has to suffer for it. The landscape looks like a cat litter box. He would like to get some help from the City or for the Humane Society to try to trap them like they did about three years ago and take them away. He stated that he asked one lady to stop feeding them and she told him that they are her cats. He said, if so, put them in the house. He said there are about 40+ cats in the neighborhood. Mr. Pinson said that another issue they have in the neighborhood is about parking. He said that if someone is parked at the corner of Marion and Euclid Street, cars cannot get through. He said that first responders will not be able to get through if they had a call in that area. Mayor Bolyard told Mr. Pinson that the City will look into it and get back with him. CITY MANAGER ’S REPORT Mr. Blosser reported the following items:  He was thrilled to attend the WV Municipal League Conference last week in Huntington. The conference is always scheduled the same week as National Night Out so, hopefully, next year the conference will be up this way so that he and Council can attend the National Night Out.  Congratulations to Mayor Bolyard for being appointing to the WVML Board of Directors.  There is a resolution on tonight’s agenda for MVA Clinic which is similar to what has been done in the past.  Agenda Item #11 is an ordinance for a reduction or elimination of the street sweeping charge. The charge is currently .63 cents per month and that fee was originally, when imposed, was .90 cents per month and then lowered to .63 cents per month. We have made a determination that based on our existing contractual relationships with Republic Services, this fee came into existence in order to dispose of the materials from the street sweeper in an environmentally friendly manner but Republic Services is handling that for us now.  Agenda Item #10, Pay Plan Ordinance, when he came on board as City Manager, one of his first tasks was to review the budget. He said that he listened back to tapes of budget work session that City Council had to get some familiarity with certain issues. One in particular, was we massively took care of issues we had around police officers and law enforcement and dramatic changes were made on the pay scale front of which they needed to be. There were some other items, after talking with Department Heads, that did not get into that same line and we moved forward with a 3% pay increase for everybody else. After hearing from Department Heads, it all centered around from recruitment and retention and 9 those two departments in particular were Utilities as well as Inspections but then quickly identified a number of deficiencies in our Finance Department and that started broadening the picture in terms of what we were looking at. We were not just looking at selective departments. Mr. Blosser said that he received correspondence from the IAFF about issues and discrepancies around certification pay between them and the law enforcement department and the changes made through the budgetary process. He mentioned that he has looked at a comparison of different positions across different cities in WV, particularly we targeted our communities close by to us and it was very difficult to do a really accurate comparison of salary figures because positions are all different, what is required of those jobs is different from city to city and they will have different names to those positions. He said that he provided a memo to Council with various positions and where those numbers were at. He then looked at the JATC certification for the fire department and how they can line that up with the WVLE that the police officers saw increases of. He went on to say that they provided certain options to the Union and they chose to increase the JATC to the level of which is there for law enforcement. He said that he saw their perspective around the fact that both entities value significantly from a public safety perspective their certification and the work that goes into getting that certification. He then said that he looked at finding the money and part of working to be fiscally prudent and to stay within the confines of the existing budget that was set by Council, we found two vacancies within the FY25 budget of which had not been filled for a number of years and our intention is that if these changes would be implemented, we will zero those positions out within the existing budget. Other changes were around public employees’ retirement and employer contributions. We were budgeting 13% for that and the requirement under PERS is 9.5%. We then lowered that to 11% rather than 13%. Then we moved on to the Property Casualty and Insurance changes that we implemented that saved us $664,000 across the board with all of our funds. Once we did that, we started looking at all of the changes and implementing those and based on those changes of the existing items that were budgeted, not including the Property Casualty and Insurance changes, the effective change to the existing line item of the salary line item was only a $20,000 to implement all of the changes of which is being recommended. Mr. Blosser said that after talking with a number of Department Heads, our collective bargaining units, what we have proposed is not solving everything. We have to stay up-to- date with what the costs of having exceptional employees that are giving all of their time to this city. While we provided a 3% raise, that got eaten into by inflation and by those PEIA changes and that had an effect that a 3% raise then really was not fully a 3% raise. He went on to say that he had heard from Council issues around trying to ensure that our employees are making living wages, wages that they can take care of their family members and come to work as productive members of our work force. We are trying to accomplish that by making a mid- year change and going forward, we will continue to evaluate how we can make sure that we are keeping up with where the market is headed so that we have the best, most qualified work force. He highlighted that if we pull statistics, based on looking at the numbers, more than 50% of our work force in the next three to five years will be eligible for retirement. That is a scary factor losing that kind of 10  institutional knowledge and the work that they do for the City. He said that we are working to try to make steps in the right direction and he is certainly looking forward to the public hearing at the next Council meeting.  He and Councilmember Deasy have been asked to serve as judges for the upcoming Tomato Festival this coming weekend. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE JUNKYARD AS JUNKYARD OR SALVAGE CENTERS The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code to redefine Junkyard as Junkyard or Salvage Centers. Motion: Councilmember Deasy 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. 2041 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.4 PARKING TO CREATE MAINTENANCE STANDARDS FOR DRIVEWAYS AND PARKING LOTS, AND TO CREATE REGULATIONS AND STANDARDS FOR PARKING ON LANDSCAPED AREAS The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards, particularly Section 5.4 Parking, of the Planning and Zoning Code, to create standards for driveways and parking lots and to create regulations and standards for parking on Landscaped Areas. Motion: 11 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. 2042 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL EQUIPMENT TO REPEAL AND REPLACE CERTAIN REGULATIONS RELATING TO GARBAGE AND REFUSE CONTAINER ENCLOSURES, AND 5.10 ACCESSORY BUILDINGS AND STRUCTURES TO PERMIT ACCESSORY STRUCTURES IN CERTAIN YARDS UNDER THE CIRCUMSTANCES AS DESCRIBED The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 5.0 Site Standards, particularly Section 5.9 Refuse Containment and Mechanical Equipment, of the Planning and Zoning Code, relating to garbage and refuse container enclosures and Section 5.10 Accessory Buildings and Structures, to permit accessory structures in certain yards. Motion: Councilmember Warner 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. 2043 was duly adopted. IN RE: ADOPTION , AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO REDEFINE CHILD CARE CENTER, CHILD CARE FACILITY, AND CHILD CARE HOME AS DAY CARE CENTER, DAY CARE FACILITY, AND DAY CARE HOME, RESPECTIVELY The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 2.0 Definitions and Measurements of the Planning and Zoning Code, particularly Section 12 2.2, to redefine Child Care Center, Child Care Facility and Child Care Home as Day Care Center, Day Care Facility and Day Care Home. Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember Warner 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. 2044 was duly adopted. IN RE: ADOPTION, 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 SUPPLEMENT THE USE CHART, TABLE 3-A PERMITTED PRINCIPAL USES, TO ACCOMMODATE THE FOLLOWING USES AS SET FORTH: MAKE DAY CARE FACILITY A PERMITTED USE IN NEIGHBORHOOD MIXED USE (NMU) DISTRICT; AND MAKE CHILD CARE CENTER CONDITIONALLY PERMITTED THEREIN The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 3.0 Zoning Districts of the Planning and Zoning Code to make Day Care Facility a permitted use in Neighborhood Mixed Use and make Child Care Center conditionally permitted. Motion: Councilmember Nuzum moved for the adoption of the proposed ordinance. Councilmember Rice 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. 2045 was duly adopted. IN RE: ADOPTION, 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 AND MORE PARTICULARLY SECTION 4.7 DAY CARE BUSINESSES TO MODIFY THE USE STANDARDS RELATING THERETO The City Clerk read the proposed ordinance by title. 13 Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 4.0 Use Standards of the Planning and Zoning Code, particularly Section 4.7 Day Care Businesses, to modify the Use Standards relating thereto. Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. Councilmember Warner 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. 2046 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 City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance providing for the public auction of surplus personal property of the City of Fairmont. Motion: Councilmember Warner moved for the adoption 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. 2047 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE PURCHASE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, NAMELY: CERTIFICATION # DESCRIPTION 2023-C-000031 LT CLEVELAND AVE, FAIRMONT FAIRMONT CORP 2023-C-000038 BLK BLT 2 WALNUT AVE (PLAT 59-A-E), FAIRMONT FAIRMONT CORP 2023-C-000080 LT 24A FENNIMORE ST (PLAT 743-162), FAIRMONT FAIRMONT CORP 2023-C-000095 BLK 5 LT 1 WATSON AVE (PLAT 509-485), FAIRMONT 14  FAIRMONT CORP 2023-C-000097 BLK 6 LT 4 CLIFF AVE (PLAT 171-362),FAIRMONT FAIRMONT CORP 2023-C- 000103 PT LT HIGH ST, FAIRMONT FAIRMONT CORP 2023-C-000105 LT MONROE ST, FAIRMONT FAIRMONT CORP 2023-C-000140 PT LS 25-26 HOWARD ST, FAIRMONT FAIRMONT CORP 2023-C-000141 PT LT 10 OGDEN AVE, FAIRMONT FAIRMONT CORP 2023-C-000154 BLK 20 LOT 2 ELK AVE (PLAT 424-351), FAIRMONT FAIRMONT CORP 2023-C-000185 12701 SQFT OR 0.3014 AC HAYMOND ST, FAIRMONT UNION CORP 2023-C-000186 PT LT STEVENS ALLEY, FAIRMONT UNION CORP 2023-C-000199 LOT 32 OREGON AVE, FAIRMONT WINFIELD CORP 2023-C-000200 LOT 31 OREGON AVE, FAIRMONT WINFIELD CORP BY THE CITY OF FAIRMONT FROM THE STATE OF WEST VIRGINIA AUDITOR AS A RESULT OF THE NON-PAYMENT OF THE REAL ESTATE TAXES, AND PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL(S) OF REAL ESTATE FROM THE CITY OF FAIRMONT TO SUBSEQUENT PURCHASER(S) IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND RESOLUTIONS ADOPTED THEREUNDER; RATIFICATION. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance providing for and authorizing the purchase of certain parcels of real estate situate in the City of Fairmont. Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember Warner 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. 2048 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING, APPROVING AND PROVIDING FOR THE ACQUISITION, ESTABLISHMENT AND CONSTRUCTION OF THAT CERTAIN PUBLIC IMPROVEMENT PROJECT, NAMELY THE POTABLE WATER STORAGE 15 TANKS COATING, REPAIR AND MODIFICATION PROJECT, TO BE FUNDED IN PART FROM THE CITY OF FAIRMONT ’S AMERICAN RESCUE PLAN (ARPA) FUNDS ALLOCATED FOR SUCH PURPOSES, AND PROVIDING THE CITY MANAGER OR HIS DESIGNEE WITH AUTHORITY TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance approving the coating, repair, and modification to the potable water storage tanks to be funded from the City of Fairmont’s ARPA Funds. Motion: 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. 2049 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ORDINANCE NO. 2025 DULY ADOPTED APRIL 9, 2024, 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 THE FOLLOWING: 1. $3,500.00 BASE PAY INCREASE FOR STEEL WORKERS. 2. CLARIFICATION OF THE PAYMENT DATE FOR WVLE CERTIFICATION PAY FOR POLICE OFFICERS. 3. INCREASE IN THE JATC CERTIFICATION PAY FOR FIREFIGHTERS TO $500.00 PER YEAR. 4. $3,500 BASE PAY INCREASE FOR ALL NON-REPRESENTED NON- EXEMPT AND EXEMPT EMPLOYEES PAY PLANS. 5. 2,500.00 BASE PAY INCREASE FOR CERTAIN POSITIONS COVERED BY THE ALL EMPLOYEES NOT OTHERWISE PROVIDED FOR PAY PLAN. 6. INCREASES IN CERTIF ICATION PAY FOR CERTAIN CLASSES OF EMPLOYEES. 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 the current Pay Plan to provide for certain base pay increases and certain increases in certification pay for certain classes of employees. 16 Motion: Councilmember Deasy moved for the introduction of the proposed ordinance. Councilmember Nuzum seconded the motion. Discussion: Councilmember Deasy made a comment. She said that she was a public servant for 40 years of her life and sometimes we feel that we are not appreciated and pay is not commensurate with some other areas. She said that she would hope our city employees feel that they are valued and she really appreciated the effort that went through looking and finding the money. She added that some of these raises may not be the biggest raises in the world but she would hope that everyone knows they are appreciated. We value everyone that works for the City and we hope this is type of opportunity that other people would want to come in to the field. The Mayor declared the public hearing set for August 27, 2024. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE CITY OF FAIRMONT AMENDING SUBSECTION (A) – STREET SWEEPING CHARGE OF SECTION 3 - SPECIAL CHARGES ESTABLISHED AND IMPOSED , OF ARTICLE 920 STREET SWEEPING, AND STREET MAINTENANCE AND IMPROVEMENT AND POLICE PROTECTION CHARGES TO PROVIDE FOR THE ELIMINATION OF THE MONTHLY STREET SWEEPING CHARGE. 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 the Street Sweeping Charge to provide for the elimination of the monthly Street Sweeping Charge. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. The Mayor declared the public hearing set for August 27, 2024. IN RE: ADOPTION, RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE LIBRARY AFTER HOURS EVENT SPONSORED BY THE MARION COUNTY PUBLIC LIBRARY SYSTEM FOUNDATION TO BE HELD AT THE MARION COUNTY PUBLIC LIBRARY, 321 MONROE STREET, FAIRMONT, WEST VIRGINIA, ON TUESDAY, SEPTEMBER 10, 20 24 AT 5:30 P.M. The City Clerk read the proposed resolution by synopsis for the first time. 17 Mayor Bolyard entertained a motion for the adoption of a resolution endorsing the Library After Hours event on Tuesday, September 10, 2024. Motion: Councilmember McDaniel 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 OF THE CITY OF FAIRMONT, WEST VIRGINIA, SUPPORTING THE JOHN MANCHIN SR., HEALTH CARE CENTER AND OPPOSING ANY PLAN OR RECOMMENDATION THAT WILL CAUSE THE LOSS OF ACCESS TO THE CENTER OR THE HEALTHCARE SERVICES IT PROVIDES The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution supporting the John Manchin Sr. Health Care Center and opposing any plan or recommendation that will cause the loss of access to the Center or the Healthcare Services it provides. Motion: Councilmember Warner moved for the adoption of the proposed resolution. Councilmember Deasy 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 IN SUPPORT OF MONONGAHELA VALLEY ASSOCIATION OF HEALTH CENTERS, INC’S EFFORTS TO RECEIVE FEDERAL GRANT FUNDING TO PROVIDE UNCOMPENSATED PRIMARY HEALTH CARE TO THE RESIDENTS OF NORTH CENTRAL WEST VIRGINIA, INCLUDING THE RESIDENTS OF THE CITY OF FAIRMONT AND MARION COUNTY, 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 supporting Monongahela Valley Association of Health Centers’ efforts to receive federal grant funding to provide uncompensated primary health care to the residents of North Central WV. 18 Motion: Councilmember McDaniel 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: ONE CITY MANAGER APPOINTMENT, MARION REGIONAL DEVELOPMENT CORPORATION, (MRDC), INDEFINITE TERM, TO BE CONFIRMED BY COUNCIL Mayor Bolyard entertained a motion for one City Manager appointment to Marion Regional Development Corporation (MRDC) for an indefinite term. Motion: Councilmember Rice moved to appoint Travis Blosser to the MRDC for an indefinite term. The motion was seconded by Councilmember Nuzum. The Mayor declared Travis Blosser appointed to the MRDC for an indefinite term by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ICC BOARD OF APPEALS, FIVE-YEAR TERM TO END AUGUST 24, 2029 Mayor Bolyard entertained a motion for one re-appointment to the ICC Board of Appeals for a five-year term ending August 24, 2029. Motion: Councilmember Deasy moved to re-appoint James Sonnenberg to the ICC Board of Appeals for a five-year term ending August 24, 2029. The motion was seconded by Councilmember Rice. The Mayor declared James Sonnenberg re-appointed to the ICC Board of Appeals for a five-year term ending August 24, 2029 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 Rice. 19 The Mayor declared the meeting adjourned by voice vote of Council at 8:10 p.m. 20