City Council

January 14, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:10 p.m. on the 14th day of January, 2025, 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. Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Anthony T. Horton Fifth District Charles “Chuck” Warner Sixth District Daniel “Dan” Weber Seventh District Julia “Julie” Sole Eighth District Bruce McDaniel Ninth District Kandice “Kandi” Nuzum Also present were: City Manager Travis L. Blosser City Clerk Janet L. Keller City Attorney Kevin V. Sansalone Director of Planning Shae Strait Communications Manager David Kirk Finance Director Priscilla Hamilton IN RE: OPENING CEREMONIES Rev. Leo Riley gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Rice. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on December 17, 2024. She asked if there were any corrections, deletions, or amendments. Councilmember Sole moved to approve the minutes as submitted. The motion was seconded by Councilmember McDaniel. The Mayor declared the minutes approved as submitted by voice vote of Council. 1  PUBLIC HEARING S IN RE: AN ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT Pursuant to a notice duly published in the Times-West Virginian on December 13, 2024, a public hearing was convened to obtain citizen input on an ordinance approving the terms and conditions of the agreement between the City of Fairmont and FOP Lodge 69 to be effective for the period from January 1, 2025 to December 31, 2029. The Mayor asked if anyone present desired to speak to the proposed ordinance. SGT. ADRIAN HAYHURST , representing the FOP, spoke in favor of the proposed ordinance. He said that the FOP and the Chief of Police are in favor of this contract. There being no one else to speak, the public hearing was called to a close at 7:14 p.m. IN RE: AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING: Description District / Map/ Parcel 8015 SQ FT 10 th & MINOR Fairmont City 6 / 0143 0001 0000 th 25158 SQ FT (0.578 AC) 10 ST Fairmont City 6 / 0144 0000 0000 0.07 AC (3026 SQ FT) 10 th ST Fairmont City 6 / 0169 0002 0000 FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT ’S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RESERVATION OF RIGHTS. Pursuant to a notice duly published in the Times-West Virginian on December 13, 2024, a public hearing was convened to obtain citizen input on an ordinance authorizing the purchase of real estate from Robert J. Williams, III to the City of Fairmont to assist in providing the essential public services conducted by the Department of Public Works. The Mayor asked if anyone present desired to speak to the proposed ordinance. 2 City Manager Blosser spoke in favor of the proposed ordinance on behalf of the Public Works Department. He said that the building sits next door to the existing facility. He said that the current building is nice and gave them an improved facility but it also caused issues around how much space they had. The entire back section of the existing Public Works building has storage buildings that have been added that are taking up space of where we try to store other equipment related to snow removal. It also causes some of our equipment that is not utilized during the winter time are not built to be sat outside in the freezing cold and could cause issues with those, then they have to sit in the existing Public Works facility and that causes issues when we work to mobilize our crews and have as many trucks as possible ready to go as soon as the weather hits. When equipment sits out in significant low temperatures, that equipment is going to have problems and freeze up. He explained that the former East Side Fire Station and the Monroe Street Fire Station, those two areas have become offshoots of storage for Public Works and it would be nice to have everything centralized on campus. This building will be turn key when we take ownership of it and we will be able to walk in and immediately start using it. There being no one else to speak, the public hearing was called to a close at 7:18 p.m. ANNOUNCEMENTS IN RE: WELCOME TO NEW COUNCILMEMBERS Councilmember Rice welcomed Councilmembers Horton and Weber. He said he looks forward to working with both of them. Councilmember Warner also welcomed Councilmembers Horton and Weber. Councilmember McDaniel also extended his welcome to Councilmembers Horton and Weber. Councilmember Nuzum welcomed Anthony Horton and Dan Weber. She noted that she is glad to have them with us. Mayor Bolyard also extended her welcome to Councilmember Horton and Councilmember Weber to City Council. She looks forward to serving them and she knows that this Council will do great things that are already in progress. IN RE: PUBLIC WORKS COMMENDED Councilmember Rice commended the Public Works Department for their efforts in snow removal the last couple of weeks. Councilmember Moran said thanks to Public Works for moving the giant piles of snow and helping to clear the sidewalks. She also expressed her appreciation to every resident and business owner for shoveling their sidewalks. 3 Councilmember Warner also extended his appreciation to all of the Public Works personnel dealing with this mess. Councilmember Weber stated that the Street Department has done a wonderful job in keeping the streets cleaned and without snow and ice. Councilmember McDaniel said that he was contacted by a constituent about the garbage service and after their discussion, she was satisfied but she also said that she has lived here for 50 years and she has never seen the streets cleaned as well as they are this time. Councilmember Nuzum thanked the Public Works Department for cleaning the roads and noted that they have a good crew. Mayor Bolyard extended her deepest appreciation for the unfeeling dedication of Public Works and all other departments since the snow started to fall on January 6th. IN RE: COMPASSION CENTRAL Councilmember Moran stated that Compassion Central has started a new neighborhood nursing program. She said that it was free nursing and it is the second and fourth Saturday of each month from 11:00 a.m. to 2:00 p.m. at the Nazarene Church on Walnut Avenue and Second Street. IN RE: CULTIVATE WV Councilmember Moran said that Cultivate will start meeting again on Monday, January 27th at 5:30 p.m. at FSU at Hardway Hall. IN RE: THANK YOU TO CITY RESIDENTS FOR RE-ELECTION Councilmember Weber thanked the citizens of Fairmont for re-electing him to City Council. He has always enjoyed his Council time in the past. He thanked Gia Deasy for her work that she did previously. IN RE: REPUBLIC SERVICES Councilmember Nuzum stated that she has received several calls regarding the lack of garbage service. She noted that she was pleased to say that we have a City Manager who is on it and who is fighting this for us. She thanked Mr. Blosser for being on top of the situation. CITIZENS PETITIONS There were no petitions for this meeting. CITY MANAGER ’S REPORT 4 IN RE: WELCOME NEW COUNCILMEMBERS Mr. Blosser extended his welcome to Councilmembers Horton and Weber to the dais. IN RE: MAYOR AND DEPUTY MAYOR RE-ELECTION The City Manager congratulated Mayor Bolyard and Deputy Mayor Rice on their re- election to their posts. IN RE: PUBLIC WORKS COMMENDED Mr. Blosser said that the weatherman was right this time and we did get hit with the snowfall that was projected and he has worked in a number of communities and has visited a number of communities when he worked for the Municipal League during the winter and he has never met a crew of folks that are as dedicated as the Public Works employees that we have. He said that they all understand that is their paycheck and they certainly value that but they also care deeply about the community and when they get on that road, they understand what they are doing is a matter of public safety for our residents. He stated that he appreciates and applauds everything that those guys do. IN RE: REPUBLIC SERVICES Mr. Blosser said that he is extremely disappointed in the operations from Republic Services. He went on to say that our community pays a significant amount of money for trash service and he does not think that we have received that. He added that he is continuing to have discussions with them and pressuring them to get trash picked up. He said that this week they are supposed to be on a regular schedule but he is not optimistic with the snow that he has already seen this evening. He is concerned with the management practices of Republic and how they determine whether or not trucks should go down a street. He noted that we have issues with Republic Services but wanted to say that he is someone that is solutions-oriented in figuring out solutions while we continue to work to try to keep those streets clear and stay ahead of them while also making other recommendations to Republic, one of the things he felt that we need to take a deep look at was whether or not we need to get back in the trash operations business and start providing that service. He said at one point, privatizing municipal services was financially lucrative and beneficial for both the local government as well as the service providing was beneficial because you were dealing with more localized companies. Now that those companies have started to be gobbled up and become more larger corporate companies with shareholders that they have to answer to, there are different dynamics that face them that do not face local governments when we provide the service. He said that it was his commitment to have some recommendations to Council in 2025 as to how we need to proceed and to show the financial picture to City Council in how we would make that work. He stated that, not just for City Council’s benefit but also for the public that we serve, to understand that we are looking at it and he is bound and determined to work to keep rates where they are currently at and making changes to our service to provide better service. He did not think, currently at the moment, Republic Services can 5 do that nor is he optimistic that any private carrier can handle that. That is a service that is best left to us as a municipal government to provide from a public benefit not a private for-profit benefit. IN RE: STRATEGIC PLANNING DOCUMENT The City Manager presented Council with a draft copy of his Strategic Planning document and Council’s Goals. This meeting will be held on Tuesday, January 28th at 5:00 p.m. in City Council Chambers, prior to the start of the regular City Council meeting. He noted that we have tried, as staff, in drafting this to make sure we are incorporating things that we have heard from City Council. IN RE: UPCOMING BUDGET WORK SESSIONS Mr. Blosser reported the following budget work session dates: Wednesday, February 5th at 4:00 p.m. for the General Fund Budget and Coal Severance Fund and on Thursday, February 6th at 4:00 p.m. for Water, Sewer, and Stormwater Funds on their existing fiscal year budget. He thought it was important for City Council to be informed on their budget given that they do have some involvement. He said that both work sessions will be held in the City Council Chambers. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN WAGE AND BENEFIT AGREEMENT BY AND BETWEEN THE CITY OF FAIRMONT AND LODGE 69 OF THE FRATERNAL ORDER OF POLICE EFFECTIVE FOR THE PERIOD FROM JANUARY 1, 2025 TO DECEMBER 31, 2029, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance approving the terms and conditions of the agreement between the City of Fairmont and FOP Lodge 69 to be effective for the period from January 1, 2025 to December 31, 2029. Motion: Councilmember McDaniel 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. 2059 was duly adopted. 6 IN RE: ADOPTION , AN ORDINANCE OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING: Description District / Map/ Parcel 8015 SQ FT 10 th & MINOR Fairmont City 6 / 0143 0001 0000 25158 SQ FT (0.578 AC) 10 th ST Fairmont City 6 / 0144 0000 0000 th 0.07 AC (3026 SQ FT) 10 ST Fairmont City 6 / 0169 0002 0000 FROM ROBERT J. WILLAMS, III, FOR USE AS A FACILITY TO ASSIST IN PROVIDING THE ESSENTIAL PUBLIC SERVICES CONDUCTED BY THE CITY OF FAIRMONT ’S DEPARTMENT OF PUBLIC WORKS; APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE EXECUTION AND DELIVERY OF SAID AGREEMENT AND TO DO ALL THINGS REASONABLE AND NECESSARY IN CONNECTION THEREWITH; RESERVATION OF RIGHTS. The City Clerk read the proposed ordinance by title. Mayor Bolyard entertained a motion for the adoption of an ordinance authorizing the purchase of real estate from Robert J. Williams, III to the City of Fairmont to assist in providing the essential public services conducted by the Department of Public Works. Motion: Councilmember Weber 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. 2060 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 PLEASANT VALLEY WATERLINE REPLACEMENT PROJECT – CONTRACT 1 TO BE FUNDED THROUGH A GRANT FROM THE CITY OF PLEASANT VALLEY; APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BETWEEN THE CITY OF FAIRMONT AND THE CITY OF PLEASANT VALLEY DATED DECEMBER 20, 2024; AUTHORIZING AND EMPOWERING THE CITY’S UTILITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; AND FURTHER PROVIDING THE UTILITY MANAGER 7 WITH THE 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. Mayor Bolyard entertained a motion for the introduction of an ordinance authorizing the construction of a Pleasant Valley Waterline Replacement Project to be funded through a grant from the City of Pleasant Valley and authorizing the City’s Utility Manager to execute and deliver said agreement on behalf of the City of Fairmont. Motion: Councilmember Weber moved for the introduction of the proposed ordinance. Councilmember Warner seconded the motion. Discussion: Councilmember Weber asked if this project will cost the City of Fairmont much along with this or is the grant covering the total cost. Mr. Blosser responded by saying that the City of Fairmont Utility system will be involved in the cost of some of the engineering and it would be significantly under this amount. He added that they way we designed it, given the utility system paying for the design of that line, we will continue to retain the design of the entire line segment and we will only construct or replace as much of that line as that $400,000 will allow until we would plan a much longer-term project down the road. The Mayor declared the public hearing set for January 28, 2025. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Bolyard entertained a motion to adjourn to Executive Session as per WV Code §6-9A-4(b)(2)(A) and City Charter 2.11 (a)(1)A – to consider matters arising from the appointment, employment, retirement, promotion, transfer, demotion, disciplining, resignation, discharge, dismissal, or compensation of a City Officer. Motion: Councilmember McDaniel moved to adjourn to Executive Session. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 7:36 p.m. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 7:47 p.m. 8 IN RE: ONE COUNCILMEMBER APPOINTMENT, CONVENTION AND VISITORS BUREAU OF MARION COUNTY, TERM TO END DECEMBER 31, 2026 Mayor Bolyard entertained a motion for one Councilmember appointment to the Convention and Visitors Bureau of Marion County for a two-year term ending December 31, 2026. Motion: Councilmember Rice moved to appoint Councilmember Kandi Nuzum to the Convention and Visitors Bureau of Marion County for a two-year term ending December 31, 2026. The motion was seconded by Councilmember McDaniel. The Mayor declared Councilmember Kandi Nuzum appointed to the Convention and Visitors Bureau of Marion County for a two-year term ending December 31, 2026 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, PLANNING AND ZONING COMMISSION, TERM TO END WHEN COUNCIL TERM EXPIRES. Mayor Bolyard entertained a motion for one Councilmember appointment to the Planning and Zoning Commission for a term to end when their Council term expires. Motion: Councilmember McDaniel moved to appoint Councilmember Rebecca Moran to the Planning and Zoning Commission for a term to end when her Council term expires. The motion was seconded by Councilmember Sole. The Mayor declared Councilmember Rebecca Moran appointed to the Planning and Zoning Commission for a term to end when her Council term expires by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, FAIRMONT AUDIT COMMITTEE, TWO YEAR TERM TO END JANUARY 10, 2027. Mayor Bolyard entertained a motion for one Councilmember appointment to the Fairmont Audit Committee for a two-year term ending January 10, 2027. Motion: Councilmember Nuzum moved to appoint Councilmember Bruce McDaniel to the Fairmont Audit Committee a two-year term ending January 10, 2027. The motion was seconded by Councilmember Sole. 9 The Mayor declared Councilmember Bruce McDaniel appointed to the Fairmont Audit Committee for a two-year term ending January 10, 2027 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, MARION COUNTY RESCUE SQUAD, THREE-YEAR TERM TO END DECEMBER 31, 2027 . Mayor Bolyard entertained a motion for one Councilmember appointment to the Marion County Rescue Squad for a three-year term ending December 31, 2027. Motion: Councilmember Warner moved to appoint Mayor Anne Bolyard to the Marion County Rescue Squad a three-year term ending December 31, 2027. The motion was seconded by Councilmember Rice. The Mayor declared Mayor Anne Bolyard appointed to the Marion County Rescue Squad for a three-year term ending December 31, 2027 by unanimous vote of Council. IN RE: ONE COUNCILMEMBER APPOINTMENT, STAFF TIF ADVISORY COMMITTEE, TERM TO END WHEN COUNCIL TERM EXPIRES. Mayor Bolyard entertained a motion for one Councilmember appointment to the Staff TIF Advisory Committee for a term to end when their Council term expires. Motion: Councilmember Warner moved to appoint Mayor Anne Bolyard to the Staff TIF Advisory Committee for a term to end when her Council term expires. The motion was seconded by Councilmember Sole. The Mayor declared Mayor Anne Bolyard appointed to the Staff TIF Advisory Committee for a term to end when her Council term expires by unanimous vote of Council. IN RE: ONE CITIZEN APPOINTMENT, FAIRMONT AUDIT COMMITTEE, TWO-YEAR TERM TO END JANUARY 10, 2027. Mayor Bolyard entertained a motion for one citizen re-appointment to the Fairmont Audit Committee for a two-year term ending January 10, 2027. Motion: Councilmember McDaniel moved to re-appoint Jamie Greene to the Fairmont Audit Committee for a two-year term ending January 10, 2027. The motion was seconded by Councilmember Warner. The Mayor declared Jamie Greene re-appointed to the Fairmont Audit Committee for a two-year term ending January 10, 2027 by unanimous vote of Council. 10  ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember Rice moved to adjourn the meeting. The motion was seconded by Councilmember Nuzum. The Mayor declared the meeting adjourned by voice vote of Council at 7:52 p.m. 11