City Council

August 27, 2024 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 27th 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: 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 Absent: First District Joshua D. (Josh) Rice Also present were: City Manager Travis L. Blosser City Attorney Kevin V. Sansalone City Clerk Janet L. Keller Communications Manager David Kirk Finance Director Priscilla Hamilton Planning Director Shae Strait Utility Manager John Carson Utility Controller Mark Moore IN RE: EXCUSE COUNCILMEMBER RICE Mayor Bolyard moved to excuse Councilmember Rice from this meeting. The motion was seconded by Councilmember Warner. The Mayor declared Councilmember Rice excused from this meeting by voice vote of Council. IN RE: OPENING CEREMONIES Councilmember Sole gave the invocation followed by the Pledge of Allegiance to the Flag 1 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 August 13, 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 Nuzum. 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 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. Pursuant to a notice duly published in the Times-West Virginian on August 16, 2024, a public hearing was convened to obtain citizen input on 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. 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 that we need to keep our utilities fully-staffed. Utilities provide a service to the residents and we need qualified and skilled individuals to do that and these qualifications and skills are developed with time and the longer we keep our employees and we can maintain them, the better service we can provide. He added that we have several individuals retiring over the next several years and we need individuals to replace those positions. He also mentioned that during the utility budget process in May, we calculated what this raise 2 would do to our budgets and we passed those in the budget through the Water and Sewer Boards so the increase is considered in our budgets. He thanked Council for their support of these essential workers. BOB SLIGER , IAFF Local 318 President, also spoke in favor of the proposed ordinance. He said that he appreciates the City Manager finding stuff within the budget and listening to all of the concerns that they have had. He said that, hopefully, it turns out well. PRISCILLA HAMILTON , Finance Director, spoke in favor of the pay increases. She said that the increases were found within the budget passed by Council back in March, 2024 for the fiscal year that began July 1st. As Council knows, the budget process begins in December with six months estimated cost in advance of the new fiscal year, therefore, it is an estimate. She and the City Manager did an evaluation of the expenses that we had for this current fiscal year and it revealed a reduction in benefit payments and personnel costs. She said that with Council’s consent, we would like to pass the savings on to our valuable employees. BRIAN STARN, Fire Chief, also spoke in favor of the proposed ordinance. He said that the value and appreciation goes along with what this means. It shows Council’s commitment to us as public servants and your vision for the future is how you see us continue to maintain our employment and retaining our employees. It means a lot to the department and they appreciate it. There being no one else to speak, the public hearing was called to a close at 7:07 p.m. IN RE: 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. Pursuant to a notice duly published in the Times-West Virginian on August 16, 2024, a public hearing was convened to obtain citizen input on an ordinance amending the Street Sweeping Charge to provide for the elimination of the monthly Street Sweeping Charge. 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 7:08 p.m. ANNOUNCEMENTS IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Moran reported the following:  Welcome back to school, everybody from the Board of Education to FSU to 3  Pierpont.  Commended the Family Resource Network for distributing over 600 backpacks in Marion County. They are having a ribbon cutting on Friday, September 20th at noon, at 200 Fairmont Avenue in the old post office building.  The next Cultivate workshop is September 12th at 5:30 p.m. at the FRN. They will be talking about mini-grants. IN RE: MAIN STREET FAIRMONT ANNUAL MEETING Councilmember Warner noted that he attended the annual meeting of Main Street Fairmont. He said it was quite enlightening of what they are doing. Councilmember McDaniel also stated that the meeting was held and it was a very nice affair. He said that awards were given out to some very deserving people on that board and community volunteers. IN RE: MISCELLANEOUS ANNOUNCEMENTS Councilmember Sole made the following announcements:  She thanked John Carson, Utility Manager, and the Water Department for getting water to the Fairmont Catholic School annex building before school started.  The MCPLS Foundation is hosting an after-hours fundraiser. It will be held on Tuesday, September 10th from 5:30 p.m. to 7:00 p.m. at 321 Monroe Street. She said this is for newly-formed Marion County Public Library Foundation and this foundation will allow the Library to write grants and receive donation and do fundraisers to further expand the services that they offer.  The United Way Day of Action will be held next Friday, September 6th. The hours are 12:00 noon to 4:00 p.m. 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: WELCOME BACK STUDENTS Mayor Bolyard welcomed back students to the first week of school to all the children and students at Marion County Schools as well as the students at Fairmont State University and Pierpont Community Technical College. CITIZENS PETITIONS IN RE: WASHINGTON STREET LLOYD FARRELL , a resident of Washington Street, addressed Council regarding the 4 condition of Washington Street. He reported that he has reported about homeless people living on his road and trashing it up. He said that the City did clean it up and made it look nice but you should see it today. It does not even look like they did anything. He also said that regarding the street service, he did not think he had to pay for it because his road is dead end and he cannot even get to his house from Washington Street. He also mentioned that the street fell in 35 years ago and had a contractor fix it and he asked why they cannot do that again. He said that it needs to be fixed. CITY MANAGER ’S REPORT IN RE: PRESENTATION FROM FAIRMONT FEDERAL CREDIT UNION Mr. Blosser reported that Stacey Harvey with the Fairmont Federal Credit Union is here as well as the CEO of the Credit Union, Cindy Dickie, who is here for a presentation. We are all excited about Norwood Park and what a better way to continue that excitement and help push folks to RSVP to be at the groundbreaking on September 5th at 10:30 a.m. Cindy Dickie said that in recognition of their 85th anniversary, Fairmont Federal Credit Union is honored to show their laboring commitment to the community that they serve by donating $1,939.00 which is significant because that is the year that they were organized to the Norwood All Inclusive Park Project. They are pleased to see this park come to a reality for the community. She then presented the check to the City Council. IN RE: POLICE AND FIRE PENSION FUND REPORTS Mr. Blosser reported that the annual Police and Fire Pension Fund Reports were presented to City Council. He noted that this was a yearly thing that we are required to do under the statute. IN RE: MORGANTOWN AVENUE STORM SEWER PROJECT The City Manager reported that Utilities had a meeting on the Abandoned Mine Lands Project on Morgantown Avenue. The $17.5 million project is now officially moving forward after getting contract approval from the Attorney General’s Office. The engineering company is currently finishing up the design. IN RE: TRESPASS ENFORCEMENT AUTHORIZATION FORM Mr. Blosser announced that the Trespass Enforcement Authorization is an updated form that we are encouraging the business community and folks to sign up for. Our trespass enforcement authorization prior was for business hours and this will change to be 24/7. We are working with Main Street Fairmont and the Chamber of Commerce to push that out and that is in relation to the some of the unhoused issues that we have been dealing with. He reported that our Police Department has been, for the past several weeks now, pushing increased downtown foot patrols, and he thanked them for that effort. IN RE: SECURITY CAMERAS 5 The Manager said that a meeting was held regarding security cameras that several larger cities, Bridgeport and Clarksburg, nearby us, have already moved forward with. These cameras would provide technology that would potentially add as an asset to our police department as we confront some of these issues. IN RE: WINDMILL PARK COMMUNITY EVENT Mr. Blosser reported that the Windmill Park community event was very successful, about 18-20 folks showed up. Some of the suggested items we heard were: concrete corn hole boards, additional lighting, water fountain replacements as well as additions, pickle ball courts, refurbishing two softball fields, exercise equipment, additional grills, and an ATV path outside the park. He noted that the City is moving forward on 90%-95% of these items. IN RE: PROPOSED PAY PLAN Regarding the proposed Pay Plan, Mr. Blosser reported that he shared a lengthy explanation to Council for their review. He said that the priority is our workforce and the workforce is the backbone of our municipal operations. We are a service entity and it is what provides the services to our residents. He noted that he appreciated the feedback that he has received from Council over the Pay Plan memo and, hopefully, looks forward to their decision around that item when pending business is reached. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption of an ordinance amending the current 6 Pay Plan to provide for certain base pay increases and certain increases in certification pay for certain classes of employees. 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. 2050 was duly adopted. IN RE: ADOPTION, 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 title. Mayor Bolyard entertained a motion for the adoption 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 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. 2051 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AMENDING & SUPPLEMENTING CHAPTER FIVE OFFICERS AND DEPARTMENTS, ARTICLE 143 DEPARTMENT OF FINANCE, SECTION 143.05 REPRODUCTION FEES, TO PROVIDE FOR AND CREATE A FEE OR CHARGE FOR THE PRODUCTION AND/OR REPRODUCTION OF AUTOMOBILE CRASH/TRAFFIC ACCIDENT REPORTS 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 143.05 to provide for and create a fee or charge for the production and/or reproduction of 7 automobile crash/traffic accident reports. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. The Mayor declared the public hearing set for September 10, 2024. 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 CERTAIN PUBLIC IMPROVEMENT PROJECTS, NAMELY: COAL RUN STRUCTURAL EVALUATION & REPAIR WORK BUFFALO CREEK LIFT STATION & FORCE MAIN REPLACEMENT CHLORINE ROOM (WWTP) STRUCTURAL EVALUATION & REPAIR WEST FORK LIFT STATION FORCE MAIN REPLACEMENT NEW CHLORINE BUILDING (WWTP) DESIGN & CONSTRUCTION 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 synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance authorizing the construction of certain public improvement projects to be funded from the City’s ARPA Funds allocated for such purposes. Motion: Councilmember Sole moved for the introduction of the proposed ordinance. Councilmember Garcia seconded the motion. The Mayor declared the public hearing set for September 24, 2024. IN RE: ADOPTION , A RESOLUTION PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2024-2025 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. Motion: 8 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, MARION COUNTY, WEST VIRGINIA, ADOPTING THE REGION VI PLANNING AND DEVELOPMENT COUNCIL ’S MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE FOR CITY OF FAIRMONT The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution adopting the Region VI Planning and Development Council’s Multi-Jurisdictional Hazard Mitigation Plan Update for the City of Fairmont. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember Moran seconded the motion. Discussion: Councilmember Moran stated that she was glad that we have staff that is managing all 400 pages of that plan. She said that she sat in a flood plan management session during the Municipal League Conference and a lot of municipalities do not have the staff so she is really grateful that we have skilled and educated folks that are keeping tabs on all of those things to keep us safe. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT PARKING AUTHORITY, THREE-YEAR TERM TO END SEPTEMBER 20, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Parking Authority a three-year term ending September 20, 2027. Motion: Councilmember Sole moved to re-appoint Laura Candell to the Fairmont Parking Authority for a three-year term ending September 20, 2027. The motion was seconded by Councilmember Deasy. 9 The Mayor declared Laura Candell re-appointed to the Fairmont Parking Authority for a three-year term ending September 20, 2027 by unanimous vote of Council. Councilmember McDaniel asked Mr. Blosser about the Parking Authority saying that it has been dormant for several years. He asked if the Parking Authority was going to get started again. Mr. Blosser said yes, they will be having a meeting relatively shortly. IN RE: ONE APPOINTMENT, FAIRMONT AIRPORT AUTHORITY, THREE- YEAR UNEXPIRED TERM TO END OCTOBER 1, 2025. Mayor Bolyard entertained a motion for one appointment to the Fairmont Airport Authority for an unexpired term ending October 1, 2025. Motion: Councilmember Warner moved to appoint Franklin Washenitz to the Fairmont Airport Authority for an unexpired term ending October 1, 2025. The motion was seconded by Councilmember Sole. The Mayor declared Franklin Washenitz appointed to the Fairmont Airport Authority for an unexpired term ending October 1, 2025 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Warner moved to adjourn the meeting. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned by voice vote of Council at 7:35 p.m. 10