City Council

September 8, 2020 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 8th day of September, 2020, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Merrifield called the meeting to order. Councilmembers present were: Second District Frank G. Yann (by phone) Third District Karl (David) Kennedy (by phone) Fourth District Kenneth (Brad) Merrifield Fifth District Barry H. Bledsoe (by phone) Sixth District Dora Kay Grubb Seventh District Philip R. (Phil) Mason Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Absent: First District Joshua D. (Josh) Rice Also present were: City Manager Valerie A. Means (by phone) City Attorney Kevin Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons Finance Director Priscilla Hamilton IN RE: OPENING CEREMONIES Rev. Larry Buckland gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Blood. APPROVAL OF MINUTES Mayor Merrifield noted that each member of Council had received a copy of the minutes from the Regular Meeting held on August 25, 2020. Councilmember Blood moved to approve the minutes as submitted. The motion was seconded by Councilmember Mason. The Mayor declared the minutes approved as submitted by voice vote of Council. IN RE: PROCLAMATION PRESENTED TO MEMBERS OF THE VFW 1 Mayor Merrifield presented a proclamation to Retired Sgt. David Tucker and Joe Hall proclaiming September 18th as PIA/MIA National Recognition Day. PUBLIC HEARINGS IN RE: AN ORDINANCE AMENDING AND REVISING ARTICLE II, “THE COUNCIL ” OF THE FAIRMONT CITY CHARTER, AND MORE PARTICULARLY SECTION 2.03 COMPENSATION; EXPENSES THEREOF, TO PROVIDE COMPENSATION TO THE MAYOR AND COUNCILMEMBERS FOR THOSE REGULAR COUNCIL MEETINGS WHICH ARE CANCELLED DUE TO A DECLARED STATE OF EMERGENCY Pursuant to a notice duly published in the Times-West Virginian on July 31, 2020 and August 7, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance amending the City Charter to provide compensation to the Mayor and Councilmembers for Council meetings which are cancelled due to a declared state of emergency. 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 PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: GENERAL FUND Pursuant to a notice duly published in the Times-West Virginian on August 28, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance providing for a General Fund Budget Revision. 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 AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: COAL SEVERANCE Pursuant to a notice duly published in the Times-West Virginian on August 28, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance providing for a Coal Severance Budget Revision. 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 TRANSFER AND CONVEYANCE OF 2 THOSE CERTAIN TRACTS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: MAP / PARCEL DESCRIPTION 3 / 0291 0000 0000 2 AC 95 PS OR PCL XIV 5 / 0154 0000 0000 2 AC 79 PS OR PCL 15 2 / 0256 0000 0000 122 PS BELOW BELTLINE RR FROM THE MARION COUNTY CHAMBER OF COMMERCE TO THE CITY OF FAIRMONT AND AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OF CONVEYANCE THEREFOR AND EMPOWERING HER TO EXECUTE AND DELIVER ANY AND ALL NECESSARY TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT AS MAY BE REQUIRED TO CONSUMMATE THE TRANSACTION Pursuant to a notice duly published in the Times-West Virginian on August 28, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the transfer of certain parcels from the Marion County Chamber of Commerce to 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 7:14 p.m. IN RE: AN ORDINANCE AMENDING AND SUPPLEMENTING PART ONE – ADMINISTRATIVE CODE, CHAPTER ONE – GENERAL PROVISIONS, ARTICLE 107 THEREOF, CODE OF ETHICS , OF THE FAIRMONT CITY CODE, AND MORE PARTICULARLY SECTION 107.07 POLITICAL ACTIVITY THEREOF TO PROSCRIBE CERTAIN POLITICAL ACTIVITY ON CITY-OWNED PROPERTY Pursuant to a notice duly published in the Times-West Virginian on August 28, 2020, a public hearing was convened to obtain citizen input on a proposed ordinance amending Article 107 of the City Code to proscribe certain political activity on city-owned property. 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 7:15 p.m. IN RE: TIF FIVE-YEAR PROJECT – UPDATE AND PRESENTATION Finance Director Priscilla Hamilton presented Council with a PowerPoint presentation of the five-year TIF Re-Development Plan. The presentation included the following: #1 – Locust Avenue Sidewalk Project #2 – Bus Stop/Rain Garden #3 – Norwood Park 3 There were no questions from Council on the presentation. The Mayor thanked staff for all of their time and effort put into the presentation. He noted that these projects are really going to make a difference in the community and this is the way we want to see things heading. ANNOUNCEMENTS IN RE: MASTER GARDENER CLUB THANKED Councilmember Grubb thanked the Master Gardener’s Club for taking on the project of beautification down at the foot of the civil war marker on Monroe Street. She said they will make it attractive to go down there. IN RE: DEDICATE A PAVILLION SUGGESTED Councilmember Grubb suggested naming a pavilion after Amy Rose Parks since she was such a significant person in this area. IN RE: CVB ACTIVITY BOOKLETS Councilmember Grubb passed out a new booklet to each Councilmember from the CVB Board. She noted it was an adult activity booklet with games and puzzles. IN RE: DISC GOLF TOURNAMENT Councilmember Grubb reported that the Disc Golf Tournament scheduled for September 19 and 20, 2020 will not be cancelled this year. She said that they will not be selling goods this year but will still have prizes and raffles. Councilmember Mason thanked Councilmember Grubb for bringing up the Disc Golf Tournament. He added that this event will bring a lot of people to the community. IN RE: PRICKETT ’S FORT – ADDITIONAL EVENTS Councilmember Grubb announced Prickett’s Fort is going to be doing some new additions for 2020-2021 and one of the things they are going to have is the renting of kayaks and bicycles. IN RE: BROADBAND EXPANSION NEEDED Councilmember Mason reported that the CEO of the Federal Reserve Bank described North Central West Virginia as healthy, strong and economically viable. He noted that there is a need for broadband expansion and encouraged city leaders to do what they could do to expand broadband efforts. 4 IN RE: FIRE DEPARTMENT COMMENDED Councilmember Blood reported that there was a house fire on her street a couple weeks ago when a house was struck by lightning. She noted that the fire department did an amazing job and was very compassionate with the home owner. She then commended the Chief and his department. IN RE: “HOW TO BE AN ANTI-RACIST ” BOOK Councilmember Blood mentioned that the Community of Shalom gave everyone on City Council a book “How To Be An Anti-Racist”. She said it was rather eye-opening and she encouraged everyone to read the book. IN RE: TIF PRESENTATION Councilmember Mainella stated that he was happy with the TIF presentation. He said that the sidewalk project on Locust Avenue, and hopefully on Country Club Road, is getting closer to fruition. He noted that will definitely be a quality of life and safety improvement. IN RE: NEW EAST SIDE FIRE STATION Councilmember Kennedy reported that the new East Side Fire Station is moving along. He then asked the Fire Chief for an update on the new station at the next Council meeting. IN RE: 612 MAC BUILDING Mayor Merrifield mentioned that 612 MAC is starting to get spruced back up. He said that community leaders are trying to bring a cultural center at that location. He then invited anyone from the community to help out during the clean-up of that site. CITIZENS PETITIONS IN RE: UPDATE ON HUMAN RIGHTS COMMISSION REV. LARRY BUCKLAND , 1461 Barry Street, gave Council an updated on the Fairmont Human Rights Commission. He said that they meet every 4th Wednesday at 5:30 p.m. on Zoom. He mentioned the following items:  They encourage the community to speak out for human rights.  The Human Rights Commission lacks diversity on the Commission. He said currently they only have privileged, middle-aged, white people on the Commission. He said that as the current members applied, 27 people applied to be appointed. All terms are to expire November of 2021 and they don’t think that 5  is a good thing because they will be re-starting a whole commission with seven new members in 2021. He then mentioned that three members are going to step down when their term expires to allow others to be appointed. He then encouraged others for human rights to apply.  The previous City Manager appointed the current board members with the approval of Council.  He said that the terms of the Commissioners should have been staggered terms.  He mentioned that the Commission is hosting diversity training soon. Dr. James Nolan, a member of the Commission, got this going.  He thanked the Communities of Shalom that got grants to pay for the training. He noted that this will be free of charge.  The Human Rights Commission is recommending that all city employees and elected officials receive sensitivity training. He noted that the training is in the process of being scheduled.  They are recommending future training for Fairmont diversity.  He then thanked the Mayor and Chief Shine for attending the Pastoral Alliance meetings. IN RE: RESIGNATION REQUESTED FOR COUNCILMEMBERS BARRY BLEDSOE AND KARL “DAVID” KENNEDY LARRY ROSS, 521 Congress Avenue, Morgantown, addressed Council asking for the resignation of Councilmembers Barry Bledsoe and David Kennedy. He asked how Fairmont can remain the “Friendly City” with two Councilmembers offending people. He then asked for the resignation of Councilmembers Bledsoe and Kennedy. REV. RICHARD BOWYER , 905 – 7th Street, stated that he was here to represent the Community of Shalom. He said that the Marion County Community of Shalom is the group that did present to each Councilmember the book that was referenced “How to Become an Anti-Racist”. He said that are getting more copies of the book to be given to the City Manager and to Chief Shine. The Community of Shalom is a movement that was initiated by the United Methodist Church as their response to the uprising in Los Angeles following the Rodney King incident. The organization or the movement was developed quickly as a widely inclusive faith-based organization. Here in Fairmont, they have been around for 20+ years. They have four primary areas of emphasis: health and wellness, multi-cultural concerns, economic and housing, and spirituality. They have also become the Marion County Substance Use Disorder Prevention Coalition and in that role they have a federal grant in the amount of approximately $20,000. He went on to say that the books given to Council were paid for out of their own local resources and not from the federal grant funds. Rev. Bowyer said that they provide training and assistance, addressing areas as in the book, stigma, reduction, community and professional development and other matters. He then said that should Council be interested in developing a training or development process in response to the book and to the recent events that have taken place in our community, they offer the services of the Community of Shalom. He said they would be more than happy to design some kind of training or other procedure for Council. He noted they want to continue to make Fairmont a “Friendly City”. 6 Councilmember Mainella asked if all City Councilmembers received a copy of that book that was mentioned. Rev. Bowyer said yes, it was his understanding that they all received a copy. He noted that it was delivered to each Councilmember individually. Councilmember Mason volunteered to be part of the group to serve with them to provide some training for professional behavior as well as diversity on the Council. Councilmember Yann noted that he received the book, it was delivered to him, and he is reading it now. IN RE: BACKYARD CHICKENS SUGGESTED JANET PAIGE, 719 Country Club Road, asked Council to consider revisions to Article 505 of the City Code, Keeping of Livestock. She reported that she has been granted a variance by the City to keep backyard chickens and she suggested amending the Code so other residents can keep them as well without going to the BZA for a variance. She said that it would be beneficial to the City to keep the chickens. She said this would include ethically produced eggs for human consumption, ease financial burden by producing personal food, reduce organic waste (since chickens can eat most waste such as vegetables and fruit peelings), and social, emotional and educational benefits. She stated that in Chicago, you are allowed to have backyard chickens. Mrs. Paige mentioned that she just received her variance for the chickens last week at the BZA meeting. IN RE: PLEADING FOR PEACE, UNION, LOVE AND SOLIDARITY DELEGATE DANIELLE WALKER , Monongalia County, addressed Council pleading for peace, union, love, and solidarity. She thanked Council for listening to the truth and placing the resolution on the agenda asking for the resignation of Councilmember Bledsoe. She said that for the folks that feels that she has no place here, she is sorry that they feel that way. She said that Fairmont is only 18 miles from her home, she is a consumer here in Fairmont and she has family and friends in Fairmont. She reported that she has received several emails from people that reside here in Fairmont and one that moved her was someone who was identified as a married, lesbian mother. She spoke about a crime that was committed here several years ago and how the City came together in peace and unity and love and solidarity. That is what we need more of. She asked what she does that is so wrong to where the most disrespected statements can be made when she is just trying to do her job. She is very proud to hold the people’s title of Delegate but since some folks want to speak about her and doesn’t even know her, she wanted to enlighten Council: Delegate, witness, listener, caregiver, neighbor, problem-solver, union member, friend, daughter, and the most significant of all is a mother. When you say her name and use hateful words, she wants us to understand because she holds an elected official title, people don’t see it that way. It is an attack of not only her name but her well-being, her existence but also her two sons. She went on 7 to say that security has to accompany her and her sons many places so now her son does not have the right of freedom and that is not right. There is so much to be said and so much work to be done and it is going to be very uncomfortable for each and every one of us. To be uncomfortable for a moment, to be part of a movement of change, this is like any other movement, this is not like the 14th Amendment or the 19th Amendment. This is change of anti-racism. This is change of respecting public office. We can agree to disagree every day and all day but words are powerful. She said that we can’t say that sticks and stones may break our bones but words never hurt because she stands before Council to testify that words do hurt. Councilmember Blood stated how sorry she is, as a member of City Council, and because of these words, Danielle Walker now lives in fear and lives with security to leave her house. This is beyond belief to her that Delegate Walker is living through this right now. She then apologized to Delegate Walker. CITY MANAGER ’S REPORT There was no City Manager’s Report for this meeting. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: GENERAL FUND Mayor Merrifield entertained a motion for the adoption of an ordinance providing for a General Fund Budget Revision. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of those Councilmembers present (and by phone) and the ordinance designated as Ordinance No. 1865 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THE CITY OF FAIRMONT ’S 2020-2021 ANNUAL BUDGET: COAL SEVERANCE Mayor Merrifield entertained a motion for the adoption of an ordinance providing for a Coal Severance Budget Revision. Motion: 8 Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Mainella seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of those Councilmembers present (and by phone) and the ordinance designated as Ordinance No. 1866 was duly adopted. IN RE: ADOPTION AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THOSE CERTAIN TRACTS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, FAIRMONT DISTRICT, MARION COUNTY, WEST VIRGINIA, TO-WIT: MAP / PARCEL DESCRIPTION 3 / 0291 0000 0000 2 AC 95 PS OR PCL XIV 5 / 0154 0000 0000 2 AC 79 PS OR PCL 15 2 / 0256 0000 0000 122 PS BELOW BELTLINE RR FROM THE MARION COUNTY CHAMBER OF COMMERCE TO THE CITY OF FAIRMONT AND AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OF CONVEYANCE THEREFOR AND EMPOWERING HER TO EXECUTE AND DELIVER ANY AND ALL NECESSARY TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT AS MAY BE REQUIRED TO CONSUMMATE THE TRANSACTION Mayor Merrifield entertained a motion for the adoption of an ordinance providing for the transfer of certain parcels from the Marion County Chamber of Commerce to the City of Fairmont. Motion: Councilmember Mason moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of those Councilmembers present (and by phone) and the ordinance designated as Ordinance No. 1867 was duly adopted. IN RE: ITEM TABLED, AN ORDINANCE AMENDING AND SUPPLEMENTING PART ONE – ADMINISTRATIVE CODE, CHAPTER ONE – GENERAL PROVISIONS, ARTICLE 107 THEREOF, CODE OF ETHICS , OF THE FAIRMONT CITY CODE, 9 AND MORE PARTICULARLY SECTION 107.07 POLITICAL ACTIVITY THEREOF TO PROSCRIBE CERTAIN POLITICAL ACTIVITY ON CITY-OWNED PROPERTY Mayor Merrifield entertained a motion for the adoption of an ordinance amending Article 107 of the City Code to proscribe certain political activity on city-owned property. Motion: Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Mainella seconded the motion. Discussion: Councilmember Bledsoe asked a question for clarification. He asked if this ordinance passes, does that mean an employee of the City of Fairmont who has a political bumper sticker on their car would not be able to park on city-owned parking lots or property while they are at work. The City Attorney then read a portion of the ordinance: No mayor, council member, City official or City employee shall, directly or indirectly, engage in the following conduct on any City owned or controlled real property, or in any City-owned vehicle or while wearing a City uniform or any clothing with City insignia: (1) Wear or display or caused to be displayed any political buttons, stickers, clothing, wearing apparel, accoutrement or accessory of any kind or nature. Ms. Means stated that would be correct. The Mayor asked if you can’t have a bumper sticker on your car or that you can. Ms. Means replied that you can’t, if it is parked on city-owned property. Councilmember Mason said the way the ordinance reads, it’s talking about clothing, buttons . . . The Mayor noted that it is talking about displaying too. Councilmember Mason said that it doesn’t say a thing about bumper stickers or other representation on property other than your personal body. Ms. Means said that she thought it would be not allowed, if it is a political bumper sticker or political sign in the window. She noted that they had a very similar ordinance in Weirton and that would have been not allowed unless you park your car somewhere else that is not on city property. Councilmember Mason said this is not Weirton. 10 Councilmember Bledsoe said that he would vote against that ordinance because he did not believe that we need to be restricting the freedom of speech of our employees. He mentioned that he was perfectly okay with them not having it as part of their clothing because we can, as an employer, dictate what their uniform is. He said he doesn’t know this but if this originally came up as a result of someone wearing something to a Council meeting, he would even be okay with that. He said that he was not in favor of restricting their freedom of speech saying that you can’t put bumper stickers on your car and if you do, you can’t park on city property. He said again that he would be voting no. The Mayor said that Councilmember Bledsoe can vote accordingly. Councilmember Mainella stated that it does not address bumper stickers on cars. Councilmember Mason said that it was clothing and accoutrements. The City Attorney said that he does not think it says that. He noted that he thinks it applies to bumper stickers on cars in city parking lots. He read: No person basically, shall, directly or indirectly, engage in any of the following conduct, if you read the words that answers the question, it would say: no one can on any controlled real property of the City, display a sticker . . . . It says: No Mayor, Council member, City Official or City employee shall, directly or indirectly, engage in the following conduct on any City owned or controlled real property, or in any City-owned vehicle or while wearing a City uniform or any clothing with City insignia: (1) Wear or display or caused to be displayed any political buttons, stickers, clothing, wearing apparel, accoutrement or accessory of any kind or nature. So if you were on City property and you displayed a sticker that would be in violation of the ordinance. Councilmember Grubb asked what if someone else had a bumper sticker that says to vote for somebody. Mr. Sansalone said the ordinance only applies to the Mayor, Councilmembers, City Officials, or a city employee and does not apply to any private citizen or someone using a city parking lot. It only applies to city employees or city officials and they are the ones that are being restricted from displaying bumper stickers . . . The Mayor said or supporting somebody. Councilmember Grubb said that she can’t have a bumper sticker saying that she is running for re-election. That is ridiculous. The Attorney said that he does not set policy. He has been requested to prepare the ordinance and he is not here to argue with anybody or advocate one way or the other. The Mayor said that we are voting on the ordinance the way it says. He asked the Attorney if he was saying that it includes bumper stickers, the way he reads it. 11 The Attorney said that the way he reads it and the way he understood it to be and what he was requested to do was to include bumper stickers on city-owned property of city employees so if you have a bumper sticker, that is not restricting your speech because you can put that bumper sticker on your vehicle and you can park that vehicle anywhere you want to park it, except on city property. The Mayor stated that is what we are voting on. Motion: Councilmember Mason moved to table the ordinance until we get some kind of clarification. Councilmember Mainella said that the City Attorney has given us clarification. Councilmember Yann said that he moved to table the item and we can’t have any more discussion. The Mayor said that a motion has been made to table the item. The City Attorney said that is a motion, under Robert’s Rules of Order, that takes precedent over the motion to adopt. You have to address the procedural motion to table prior to addressing the original motion. Councilmember Bledsoe moved to second the motion to table the proposed ordinance. Roll call was taken by the Clerk on the motion to table the item. The following votes were recorded: Councilmember Kennedy Yes Councilmember Mainella Yes Councilmember Blood No Councilmember Yann Yes Councilmember Grubb Yes Councilmember Mason Yes Councilmember Bledsoe Yes Mayor Merrifield Yes The Mayor declared the ordinance tabled by majority vote of those Councilmembers present (and by phone). Councilmember Mainella asked if another ordinance could be presented to Council without bumper stickers. He noted that it sounds like the sticking point was bumper stickers. The City Attorney said that he would be glad to if that is what the City Manager requests him to do. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT MANIFESTING COUNCIL ’S DETERMINATION THAT THE DEVELO PMENT OR REDEVELOPMENT PLAN AND PROJECTS SET FORTH IN 12 THE CITY OF FAIRMONT REDEVELOPMENT PROJECT PLAN NO. 1, AS AMENDED, RELATING TO CITY OF FAIRMONT REDEVELOPMENT DISTRICT NO. 1 ARE MAKING SATISFACTORY PROGRESS Mayor Merrifield entertained a motion for the adoption of a resolution manifesting that the Redevelopment Plan of the City’s Redevelopment Project Plan are making satisfactory progress. Motion: Councilmember Blood moved for the adoption of the proposed ordinance. Councilmember Mainella seconded the motion. The Clerk read the proposed resolution by synopsis. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present (and by phone). IN RE: ADOPTION, RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT ENDORSING THE ANNUAL FEAST OF THE SEVEN FISHES FESTIVAL SPONSORED BY MAIN STREET FAIRMONT, INC., TO BE HELD IN THE CITY OF FAIRMONT ’S DOWNTOWN HISTORIC DISTRICT ON DECEMBER 11 AND DECEMBER 12, 2020 Mayor Merrifield entertained a motion for the adoption of a resolution endorsing the Feast of the Seven Fishes Festival to be held in downtown Fairmont on December 11 and 12, 2020. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. Councilmember Grubb seconded the motion. The Clerk read the proposed resolution by synopsis. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of those Councilmembers present (and by phone). IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA REBUKING COUNCILMEMBER BARRY BLEDSOE, REPRESENTATIVE OF COUNCIL DISTRICT FIVE; CONDEMNING AND DENOUNCING HIS ACTIONS; AND REQUESTING HIS RESIGNATION FORTHWITH FROM THE COUNCIL 13 Mayor Merrifield entertained a motion for the adoption of a resolution rebuking Councilmember Bledsoe, condemning and denouncing his actions and requesting his resignation from the Council. Motion: Councilmember Mainella moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. The Mayor read the proposed resolution by synopsis. Discussion: Councilmember Grubb stated that she does not feel this is correct. There is a procedure for that to be done and Council has no authority to do this and if they want Councilmember Bledsoe to be dismissed from the Council then they need to go through the procedure that has been established that says he was elected by the citizens. He has to be withdrawn by the citizens and Council has no authority to do that. For over a year, it has been said they want this done so what the citizens need to do is that they need to get a petition and have a new election. This is totally useless and is not the proper way to do it. If the public feels that strongly then the public needs to take action and do the proper way of doing it through a petition by the voting citizens that elected him. Councilmember Mainella stated that this in no way gets rid of Barry Bledsoe on Council. This is our statement to rebuke and to condemn his statements, the hurtful rhetoric that he didn’t have to do. It is bad enough to think that stuff and when you say it, when you are an elected official. The more I think about what is going on here to date, Kennedy started calling people “towel-heads” and “gooks” and “fags” and now Barry calling the US Senator a “hoe”, think about the damage that they have done to this city. They have tarnished the reputation of this City Council, they have embarrassed this City Council, they have embarrassed the citizens of this city, this has been a state-wide news story on Metro News that has been in the Charleston Gazette and it is disgraceful. He added that this means nothing, what we do tonight means nothing. Barry is not going to resign, hopefully to God, he will not do this again and say these things on Facebook or in public and the other one, Kennedy, he didn’t know about him, he’s too far gone. But as for Barry, he hopes that he just doesn’t do this anymore and realizes the damages he has done to everything, to the administrators, to the citizens who live here, and to Delegate Walker. He continued to say that you have a guy who won by three votes in a middle- sized town talking about a US Senator, it just doesn’t make sense. He then asked Councilmember Bledsoe to not do it again. He said it was sad, really sad for this city, the city is hurting over this so hopefully to God, it is over with. We have new Council people coming on in the beginning of the year and he thought we could re-group and maybe we can put this behind us. 14 The Mayor said that Councilmember Grubb said this was nothing. He then said that we are given a certain amount of rules that we have and this is the strongest stance and statement we can take regarding the comments and with the deck that we are dealt, it is something. We can only deal with what we have to deal with and this is what we can do. In his opinion, it is not nothing. Councilmember Grubb stated that she said there is nothing we can do to remove them from their seats. The Mayor noted that was a fact. Councilmember Grubb continued to say that this was not done out physically in public or at a City Council meeting, it was done on Facebook. She then said that all of Council should be looking at what we say on Facebook very carefully and he did not say it in his position as a City Councilmember and what you are doing is taking away his personal freedom of speech. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Mason Yes Councilmember Blood Yes Councilmember Mainella Yes Councilmember Yann Yes Councilmember Kennedy Abstain Councilmember Grubb Abstain Mayor Merrifield Yes Councilmember Bledsoe No The Mayor declared the resolution adopted by majority vote of those Councilmembers present (and by phone). IN RE: ONE RE-APPOINTMENT, FAIRMONT PARKING AUTHORITY , THREE-YEAR TERM TO END SEPTEMBER 30, 2023 Mayor Merrifield entertained a motion for one re-appointment to the Fairmont Parking Authority for a three-year term to end September 30, 2023. Councilmember Blood moved to re-appoint Jonathan Frantz to the Fairmont Parking Authority for a three-year term to end September 30, 2023. The motion was seconded by Councilmember Mainella. Roll call was taken by the Clerk. The Mayor declared Jonathan Frantz re-appointed to the Fairmont Parking Authority for a three-year term ending September 30, 2023 by unanimous vote of those Councilmember present (and by phone). ADJOURNMENT The Mayor entertained a motion for adjournment. 15 Motion: Councilmember Mason moved to adjourn the meeting. The motion was seconded by Councilmember Grubb. The Mayor declared the meeting adjourned by voice vote of Council at 8:35 p.m. 16