City Council

August 26, 2025 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 26th day of August, 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 Finance Director Priscilla A. Hamilton Marketing Manager David A. Kirk IN RE: OPENING CEREMONIES Dr. Mark Staples gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Nuzum. IN RE: PROCLAMATION PRESENTED Mayor Bolyard presented a proclamation to Retired Sgt. David Tucker in honor of the 80th anniversary of ending World War II. APPROVAL OF MINUTES IN RE: MINUTES FOR THE AUGUST 12 , 2025 MEETING Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on August 12, 2025. She asked if there were any corrections, deletions, or amendments. 1 Councilmember Sole moved to approve the August 12, 2025 Regular Meeting minutes as submitted. The motion was seconded by Councilmember McDaniel. 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 THE PURCHASE OF THE FOLLOWING REAL ESTATE BEING: DESCRIPTION DISTRICT MAP/ PARCEL PCL 12 TH ST FAIRMONT, FAIRMONT CITY 7 / 0074 0003 0000 FROM MARK A. TARLEY AND MICHAEL D. TARLEY FOR PURPOSES OF THE DEVELOPMENT OF A PORTION OF THE WEST FAIRMONT RAIL-TRAIL SYSTEM/, APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT, 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 August 15, 2025, a public hearing was convened to obtain citizen input on an ordinance authorizing the purchase of real estate from Mark A. Tarley and Michael D. Tarley for purposes of the development of a portion of the West Fairmont Rail-Trail System. The Mayor asked if anyone present desired to speak to the proposed ordinance. A lady in the audience (she did not identify herself) asked if the development is on the school or is it an extension of the school. Mr. Blosser said that he would be happy to answer questions after the meeting. He noted that this was a public hearing regarding a certain piece of property. Councilmember Moran asked if it would be appropriate to share just a little bit about it for the benefit of the public. She said that Council has been in the loop on a lot of things, but we are doing so much more than a rail-trail there. Mr. Blosser noted that she was stealing his thunder from his City Manager’s Report. He said that he has updates around it in his report. There being no one to speak, the public hearing was called to a close at 7:10 p.m. ANNOUNCEMENTS 2 IN RE: ARTS AND HUMANITIES – PUBLIC ART APPLICATIONS Councilmember Moran reported that the Arts and Humanities Commission is accepting applications for public art. If you are an artist in the community and you have an idea for some art, put in your application. IN RE: FOOD PANTRIES Councilmember Moran announced that there will be two food pantries this week:  Wednesday, Union Mission, 8:30 a.m. to 11:30 a.m.  Thursday, Palatine Park, 10:00 a.m. to 11:30 a.m. IN RE: ANNUAL MAIN STREET MEETING Councilmember Moran stated that she attended the annual Main Street meeting before the Council meeting tonight. She said that Alex and Madison are doing just an amazing amount of work there. She noted that Alex specifically mentioned the support from the City of Fairmont and how much that means and how much they appreciate it. She noted that she appreciates the staff that show up and helps to make those things happen. It matters to people in the community when we show up and support events. Councilmember McDaniel thanked Councilmember Moran for outlining the annual Main Street meeting. He noted that it was a good event and gave a lot of recognition to some very deserving people. IN RE: NORWOOD PARK Councilmember Warner stated that he was thrilled to see the Norwood Park and all of the work that went into that park. He said it was a beautiful park and a fantastic gem for the City. Councilmember Sole said the Norwood Park was an amazing day. It was an awesome day for her personally and was an awesome day for her as the Director of the Disability Action Center. It was a day that she will not soon forget. Councilmember Nuzum stated that she had two older grandchildren that were not excited about going to the Norwood Park ribbon cutting but once they got there, they loved the park. Mayor Bolyard said that Norwood Park continues to be a beautiful place; you see laughter and families there each and every day. She noted that it was truly a blessing, and she will not forget that day. She thanked everyone that was involved for making that beautiful day possible and that space possible. IN RE: WORLD WAR II 3 Councilmember Weber stated that he appreciated the City for doing the proclamation for Sgt. Tucker. He said that he had two older brothers that were in World War II, and one was shot down and the other brother was in the Navy and crossed the Atlantic several times avoiding the submarines that the Germans put out. He said that one never came back and the other came back and was a successful businessman. He then congratulated the City on the proclamation. Councilmember McDaniel said that his dad served in World War II and the Korean War, and he was in the Pacific on an aircraft carrier that was hit with a kamikaze plane and spent many hours in the engine room treading water and diesel fuel. He noted that they were definitely the greatest generation. IN RE: CONGRATULATIONS TO LT. STEVEN ASH Mayor Bolyard extended congratulations to Lt. Steven Ash on his promotion to Lieutenant. Lt. Ash has served the City through the Fairmont Fire Department for over 26 years. CITIZENS PETITIONS There were no citizens petitions for this meeting. CITY MANAGER ’S REPORT IN RE: NORWOOD PARK AND UPDATE ON OTHER CITY PARKS Mr. Blosser said the Norwood ribbon cutting was amazing and brought tears to his eyes. He noted that one child in particular, his smile made it worth it. He said that Norwood Park was a massive investment but the investment that is happening in our recreational spaces across the City is wonderful. He said that Norwood Park took seven years to get to the ribbon cutting date. He noted that there are more exciting and great days ahead, but they are not going to take seven years to get there. He added that we are in a prime spot to significantly address the public spaces that we have in this City and bring forth those recreational investments. Mr. Blosser went on to say that the pickle ball courts are packed with people lined up against the fence waiting to play and to see that investment and the investment of the new pavilion for the corn hole boards, which is a significant investment. He mentioned that the basketball court at Windmill Park is going to be addressed with the pooling water on the court. He added that security cameras are being installed in all of the parks because of the investment that we are making. He reported that the Morgantown Avenue Mini Park is underway, and he has already started conversations with CEC for the concession stand project at Windmill Park. CEC is preparing the task order for that and will do the design in order to get that project out to bid. Mr. Blosser also had a discussion with CEC about 5th Street Park and hopefully it will begin in the next fiscal year’s planning side. He added that it will require a sizeable investment in that park, and we want to get more accurate numbers around the improvements at that park. IN RE: BOX FACTORY SITE 4 The City Manager reported that if Council approves the final large purchase that we have in that area, we will have significant momentum for the City. We have heard a lot from the community about the trail advancements, but it will be a skatepark, pump track, bouldering, advanced ninja courses and this park will be geared for all ages but significantly with improvements that will benefit older kids as well. He then talked about the expansion of the West-Fork Trail but also essentially completing half of the four-mile gap that exists inside the City. More than half of it will be completed when we break ground on that project. Those plans are headed to a 3D design session right now at CEC and part of that is so we can have better images, and we hope in the month of September, those will be released and then have community engagement sessions to get community feedback relative to those designs. He went on to say that another piece of this project is with the Tarley Building and the private development side of this in trying to work with a private developer. People have asked about the demolition of that building but our goal currently is that building will have a section of it removed but it will be redeveloped into a private sector use in a public-private partnership scenario with the City. IN RE: FEMA UPDATE The City Manager announced that the FEMA pop-up disaster assistance centers have officially ended but the disaster recovery center located at the Public Safety Building is still in operation. He anticipates it being shuttered over the next two to three weeks so he will encourage constituents to visit FEMA staff if they have questions or need additional assistance. IN RE: DOWNTOWN SIDEWALK PROJECT Mr. Blosser said that the downtown sidewalk project is in full swing. We shared with folks that it would move quickly, and folks may see traffic delays. He noted that it will get worse before it gets better but to view our social media page for information as well as the news media because beginning in September work will begin around the State side of this project which is the asphalt resurfacing and base repair. He then highlighted the different phases of the project, noting that a lot of the work will happen in the evening and occur over the weekend. He noted that in any type of progress, there is sometimes pain, however, there is a light at the end of the tunnel. We will have much better streets to drive on and then our attention will turn to focus on the Gateway Connector, Merchant Street, East Park Avenue, and Speedway resurfacing. IN RE: FAIRMONT AVENUE/ROUTE 250 SINK HOLE The Manager said that regarding the Fairmont Avenue/Route 250 sink hole, it is a collapsing storm drainage system that belongs to the State of WV, however, our utilities as well as DOH have been coordinating with each other as we have a section of drainage that feeds into it from Beverly Road. He went on to say that upon the work that has been done, the DOH did not have the camera system so our Utilities Department filmed it for the DOH. He explained that the damage resulting from the flood event as well as some pre-existing issues with acid mine drainage in that area have resulted in significant 5 structural issues of the drainage system underneath that section of highway. It has significant, far greater damage and issues underneath the surface even of what you can see. The piping that was put in has corroded and has begun to collapse so it will be a fairly extensive project. It is currently under design and so extensive that local maintenance crews do not have the ability to do the work themselves so it will be bid out and they are operating in an emergency fashion around the design and the bidding of that. He wanted folks to know that the work is happening and that we are coordinating with the DOH and they are focused on getting that work done as well as they are receiving funding for that as part of the Disaster Declaration by President Trump that was requested by Gov. Morrisey. They are receiving funds to be able to accomplish that work. IN RE: WALL COLLAPSE AT CORNER OF MONROE AND ADAMS STREET Mr. Blosser reported that we had to section off Monroe Street at the intersection of Monroe and Adams Street because of an existing building on that corner that had a side wall beginning to collapse. He said that we are working with the property owner, and a structural engineer has evaluated that building and we will continue to work with them in order to get that street re-opened but also to remediate the public safety issue associated with that building. IN RE: POLICE AND FIRE PENSION RELIEF FUNDS The City Manager reported that Council received a copy of the annual reports for the Police and Fire Pension and Relief Funds. He said that on the Police Pension Fund, the beginning fair value amount was $12,495,490.89 and the ending fair value as of June 30th was $14,297,627.12. The Fire Pension Fund, the beginning fair value amount was $9,191,786.84 and the ending fair value as of June 30th was $10,645,581.91. He thanked City Council for continuing to make the funding obligations of our Police and Fire Pension Funds a priority as well as the work done by our Finance Director who makes sure every penny is accounted for. He noted that this was a requirement to give this report to City Council by statute. CONSIDERATION OF COUNCIL BUSINESS 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 PCL 12 TH ST FAIRMONT, FAIRMONT CITY 7 / 0074 0003 0000 FROM MARK A. TARLEY AND MICHAEL D. TARLEY FOR PURPOSES OF THE DEVELOPMENT OF A PORTION OF THE WEST FAIRMONT RAIL-TRAIL SYSTEM/, APPROVING THE FORM OF THE PURCHASE SALE AGREEMENT AND AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT, AND TO 6 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 Mark A. Tarley and Michael D. Tarley for purposes of the development of a portion of the West Fairmont Rail-Trail System. Motion: Councilmember Sole 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. 2080 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE REPEALING SECTION 525.05 USE OR POSSESSION OF TOBACCO OR TOBACCO PRODUCTS, ALTERNATIVE NICOTINE PRODUCTS OR VAPOR PRODUCTS BY PERSONS UNDER THE AGE OF 18 YEARS PROHIBITED; PENALTIES OF ARTICLE 525 MINORS OF PART FIVE–GENERAL OFFENSES CODE, OF THE FAIRMONT CITY CODE, RESULTING FROM CHANGES TO THE WEST VIRGINIA CODE MADE DURING THE 2024 LEGISLATIVE SESSION. The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance repealing Section 525.05 of the City Code resulting from changes to the WV Code made during the 2024 Legislative Session regarding use or possession of tobacco products by persons under the age of 18 years. Motion: Councilmember McDaniel moved for the introduction of the proposed ordinance. Councilmember Sole seconded the motion. Discussion: Councilmember McDaniel asked if this was being done because of the change in State Code. Mayor Bolyard replied that is correct. We have to remove the fines and other things because we cannot have an ordinance that is more restrictive than State law. 7 Councilmember Weber stated that the rule or law was put in to protect the under 18 age and under juveniles. He stated that he was opposed to the ordinance and opposed to the State ordinance. The Mayor declared the public hearing set for September 9, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE The City Clerk read the proposed ordinance by synopsis for the first time. Mayor Bolyard entertained a motion for the introduction of an ordinance to approve the current replacement pages to the Fairmont City Code. Motion: Councilmember Warner moved for the introduction of the proposed ordinance. Councilmember Moran seconded the motion. The Mayor declared the public hearing set for September 9, 2025. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, 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 __ TAX MAP/PARCEL 2022-C-000039 1.12 AC BELT LINE 03/0290 Fairmont Fairmont Corp 2024-C-000133 PCL OGDEN AVE (PLAT 72-354) 34/0268 Fairmont Fairmont Corp 2024-C-000113 BLK J LT 15-16 SUTTON DR 32/0151 Fairmont Fairmont 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 ONE OR MORE 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 synopsis for the first time. 8 Mayor Bolyard entertained a motion for the introduction of an ordinance providing for and authorizing the purchase of parcels of real estate by the City of Fairmont from the State of WV as the result of the non-payment of real estate taxes. Motion: Councilmember Nuzum moved for the introduction of the proposed ordinance. Councilmember McDaniel seconded the motion. The Mayor declared the public hearing set for September 9, 2025. IN RE: ADOPTION, A RESOLUTION TO RESCHEDULE THE REGULAR CITY COUNCIL MEETING OF TUESDAY, NOVEMBER 11, 2025 TO WEDNESDAY, NOVEMBER 12, 2025 AS PER SECTION 1.3 OF COUNCIL ’S RULES OF ORDER AND PROCEDURE The City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution to reschedule the Council meeting of Tuesday, November 11, 2025 to Wednesday, November 12, 2025 because of Veteran’s Day holiday. Motion: Councilmember Weber moved for the adoption of the proposed resolution. Councilmember McDaniel seconded the motion. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT PLANNING COMMISSION, THREE-YEAR TERM ENDING SEPTEMBER 17, 2028 Mayor Bolyard entertained a motion for a re-appointment to the Fairmont Planning Commission for a three-year term ending September 17, 2028. Motion: Councilmember McDaniel moved to re-appoint Houston Richardson to the Fairmont Planning Commission for a three-year term ending September 17, 2028. The motion was seconded by Councilmember Horton. The Mayor declared Houston Richardson re-appointed to the Fairmont Planning Commission for a three-year term ending September 17, 2028 by unanimous vote of Council. 9 IN RE: ONE RE-APPOINTMENT, FAIRMONT PLANNING COMMISSION, THREE-YEAR TERM ENDING SEPTEMBER 17, 2028. Mayor Bolyard entertained a motion for a re-appointment to the Fairmont Planning Commission for a three-year term ending September 17, 2028. Motion: Councilmember Sole moved to re-appoint Pamela Wean to the Fairmont Planning Commission for a three-year term ending September 17, 2028. The motion was seconded by Councilmember Moran. Discussion: Councilmember Weber asked that when Council gets the appointments and re- appointments to various boards and commissions, would it be possible to put in a vita of the individual who is applying to be on the commission. The Mayor responded by saying that each individual completes a full application, so they provide their qualifications, their work experience and their availability for each and every person whether they are being re-appointed or applying for the first time. The Mayor declared Pamela Wean re-appointed to the Fairmont Planning Commission for a three-year term ending September 17, 2028 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT PARKING AUTHORITY, THREE-YEAR TERM ENDING SEPTEMBER 30, 2028. Mayor Bolyard entertained a motion for a re-appointment to the Fairmont Parking Authority for a three-year term ending September 30, 2028. Motion: Councilmember Warner moved to re-appoint Madison Urse to the Fairmont Parking Authority for a three-year term ending September 30, 2028. The motion was seconded by Councilmember Moran. Discussion: Councilmember McDaniel stated that the Parking Authority has been dormant for many years. He asked if this was re-instating them and if they were going to become active again. Mr. Blosser replied no, that they have been having meetings over the last year. The Mayor said that this is continuing that board. 10 Councilmember McDaniel said he was glad they were back in business. The Mayor declared Madison Urse re-appointed to the Fairmont Parking Authority for a three-year term ending September 30, 2028 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT PARKING AUTHORITY, THREE-YEAR TERM ENDING SEPTEMBER 30, 2028. Mayor Bolyard entertained a motion for a re-appointment to the Fairmont Parking Authority for a three-year term ending September 30, 2028. Motion: Councilmember McDaniel moved to re-appoint Kenny Satterfield to the Fairmont Parking Authority for a three-year term ending September 30, 2028. The motion was seconded by Councilmember Warner. The Mayor declared Kenny Satterfield re-appointed to the Fairmont Parking Authority for a three-year term ending September 30, 2028 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 7:50 p.m. 11