City Council

October 26, 2021 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 26th day of October, 2021, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Mainella called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Karl (David) Kennedy Fourth District Richard (Rick) Garcia Fifth District Barry H. Bledsoe Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Thomas (Tom) Mainella Ninth District Donna M. Blood Also present were: City Manager Valerie A. Means City Clerk Janet L. Keller City Attorney Kevin Sansalone Fire Chief Ed Simmons IN RE: OPENING CEREMONIES Rev. Richard Bowyer gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Bolyard. IN RE: FAIRMONT CITY SPOTLIGHT AWARDS Councilmembers Cinalli and Rice presented a “Fairmont City Spotlight” Award to Susan Lapeer for being an unsung hero of our community who exemplifies kindness, serving others, loves our community and cares about the betterment of Fairmont and its people. Councilmember Cinalli said that every time he was at Palatine Park, he noticed Susan working hard and doing a fantastic job and this award was perfect for her. Councilmember Rice also thanked Susan for all that she did at the Park this summer. He said that he noticed all of her hard work and other people came up to him and acknowledged all of her services. He said that she was just there doing her job but everyone there saw what a difference she made. Councilmember Cinalli’s brother, Kris, was in attendance and Councilmember Rice told Kris that the City of Fairmont appreciates everything that he and the County is doing at 1 Palatine Park. The Mayor also recognized Kris for what he has done to make Palatine Park what it is today. APPROVAL OF MINUTES Mayor Mainella noted that each member of Council had received a copy of the minutes from the Regular Meeting held on October 12, 2021. He asked if there were any corrections, deletions, or amendments. Councilmember Rice moved to approve the minutes as submitted. The motion was seconded by Councilmember Blood. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS IN RE: AN ORDINANCE AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THOSE CERTAIN PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, TO-WIT: Description District Map / Parcel Address Blk 4 Lt 3 Wiley Add Carter St Union City 10 /174 553 Carter St Blk 1 Lt 7 Oliver Ave Fairmont City 26 /133 613 Oliver Ave FROM MATTHEW A.B. SERIAN AND BRIAN E. CARPENTER, RESPECTIVELY, TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL OF REAL ESTATE FROM THE CITY OF FAIRMONT TO AN UNIDENTIFIED SUBSEQUENT PURCHASER IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND RESOLUTIONS ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THE TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Pursuant to a notice duly published in the Times-West Virginian on October 15, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the transfer and conveyance of 553 Carter Street and 613 Oliver Avenue to the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. Ms. Means spoke in favor of the proposed ordinance. She asked Council for their support of this ordinance. She noted that it is part of our slum and blight removal in the demolition program. She said this ordinance is just the first step of acquiring the properties, demolishing them, and then hope to sell them to a subsequent owner. 2 There being no one else to speak, the public hearing was called to a close at 7:10 p.m. IN RE: AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Pursuant to a notice duly published in the Times-West Virginian on October 15, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the public auction of surplus personal property of the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. The City Manager also spoke in favor of this ordinance. She asked Council to support this ordinance. She explained that this is part of our public auction of surplus property and we do this at least twice a year. There being no one else to speak, the public hearing was called to a close at 7:12 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE TO AMEND, SUPPLEMENT AND ADD ADDITIONAL DEFINITIONS FOR 1) ACCESSORY DWELLING UNIT AND 2) CLINICS, MEDICAL OR DENTAL, AND FURTHER TO CREATE AN EXEMPTION FOR RESIDENTIAL GARAGE DOORS FROM THE TRANSPARENCY REQUIREMENTS OF SECTION 2.3.5 THEREOF Pursuant to a notice duly published in the Times-West Virginian on October 15, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance amending the Clearzoning Code under Article 2.0 Definitions. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, spoke in favor of the proposed ordinance. He said this ordinance is intended to be some minor amendments to our definitions and measurements section and the intent is to define what an Accessory Dwelling Unit is and this, no way, authorizes ADUs, just simply defines legally what they are by zoning definition. The next amendment is to further clarify clinic, medical or dental to state that they are considered an office use in terms of permitted uses. He added that we need to regulate these uses by size similar to how we do most other professional services, retail, and office uses across our various zoning districts. He explained that the final amendment is an exemption we wish to add to our transparency requirements due to the minimum number of windows and doors you must have upon any facing of a building typically on a street frontage. He added that we find it advantageous to completely exempt the width of a garage door and the calculations entirely. This way garage doors don’t become a loophole to then allow you to have no windows in the front of your home 3 nor do they become a burden by being an area that you can’t put a window in and then count toward your whole transparency area on the front of your building. Councilmember Bolyard said that she wanted to make sure that her assumption is correct that by these definitions and all of these different issues were combined because it’s in the same place in the Article 2.0. Mr. Strait replied that is correct. He said that they are in the same Article and staff believes that these amendments here are minimal in their impact or have no impact. Therefore, we put them together believing that the consideration of them would be . . . Councilmember Bolyard said you considered them together because it is just a change in definition. Mr. Strait noted that was correct. Councilmember Rice asked if the items could be voted on separately. He said that he would like to make a motion to bring these back up at another time separately at another Council meeting. The Mayor said that the only thing he can do, when the time comes, is make a motion to table it. Mr. Sansalone, City Attorney, said or vote it down. He said that it cannot be amended at this time. The ordinance has to be presented in final form at the introduction which occurred a meeting ago so the opportunity now would be to vote the ordinance down and then request the presentation of two separate ordinances, one that provided for clinics and residential garage doors and then a separate ordinance for residential dwelling units. He went on to say that after the public hearing, during the Council Action portion of the meeting, there will be a motion for a vote and at that time if five Councilmembers vote no, then the ordinance would fail and then at the next meeting he would be sure that the City Manager would request that he prepare two separate ordinances and they would be on the agenda for the next meeting to go through the process. Councilmember Bledsoe asked Councilmember Rice why separate them. He said they are not allowing anything with the dwelling units, it only changes the definition of what it is. All it does is change the definition of what it is. Mr. Strait said that it does prevent for the interpretation of any other type of dwelling unit or multi-family units or duplexes for being interpreted to permit for accessory dwelling unit in some of our existing residential districts. He said, in a way, defining it at this moment without any other context to permit it, it restricts it more clearly. Ms. Means said there is no other impact except for the change of definition. Councilmember Bolyard said that with some constituents when they read that, they 4 reached out to some of the Councilmembers for clarification, and that is why we thank Mr. Strait for his guidance, and when they saw all of this lumped together, she wanted to make sure those wishes were expressed. Councilmember Deasy said that the Accessory Dwelling Unit has caused a lot of attention. Mr. Strait said this is why our version that we are proposing for the City to adopt is expanded to have two sub-definitions within it to make clear that if you would subdivide your existing single-family home or try to find a work around on this, it is very clear. SCOTT LINK, a resident of East Side, stated that he was concerned about the accessory dwelling unit and the definition. He asked what is this going to lead to eventually. He said that a lot of people live in neighborhoods with high density and if your neighbor puts in a large storage building, dwelling unit, whatever, neighbors are tight and he was afraid that we are opening the door that could lead to something that most residents aren’t going to like. There being no one else to speak, the public hearing was called to a close at 7:21 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT PROVIDING FOR AND AUTHORIZING THE TRANSFER AND CONVEYANCE OF THE FOLLOWING PARCELS OF REAL ESTATE TO MICHAEL MARINO AND/OR A-ONE GENERAL CONTRACTING PURSUANT TO THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A DEED OF CONVEYANCE AND ANY OTHER NECESSARY TRANSACTIONAL DOCUMENT ON BEHALF OF THE CITY OF FAIRMONT: Description Map / Parcel Address BLK 10 PT LT 10 (30X60) 03-40 / 177 219 Bellview Avenue PCL (5628 SQ FT) (2 BLDGS) 05-07 / 343 501 State Street BLK 14 LOT 26 & Coal 03-02 / 98 420 Walnut Avenue BLK 14 LOT 25 Walnut Ave 03-02 / 99 422 Walnut Avenue Pursuant to a notice duly published in the Times-West Virginian on October 15, 2021, a public hearing was convened to obtain citizen input on a proposed ordinance providing for the transfer and conveyance of parcels of real estate to Michael Marino from the City of Fairmont. The Mayor asked if anyone present desired to speak to the proposed ordinance. Ms. Means spoke in favor of this proposed ordinance. She asked Council to support this ordinance. This is actually the end game that we are looking for in our slum and blight removal program. This is exactly what the goal is which is to get the property cleaned up, get the property transferred to someone who has plans to possibly build. 5 DAVID PRICE, 503 State Street, addressed Council regarding this ordinance, specifically 501 State Street. He said that he talked to someone in the Planning Department last year and he was given a price to purchase the property, however, it was his understanding that it could only be sold to a neighboring or adjacent property owner. He was told that they have changed the code on the size of a lot that you can build on. He said that he had not realized the lot size that you can build on had changed or he would have expressed more additional interest in the property. Mr. Price said that with his house being so close to that lot, he has concerns about what type of structure might go in there due to the nature of the lot. There being no one else to speak, the public hearing was called to a close at 7:25 p.m. ANNOUNCEMENTS IN RE: FSU PRESIDENT COMMENDED Councilmember Kennedy commended Dr. Martin, President of Fairmont State University, for saving the college $21 million dollars so far. He noted that this is what management is about and he wanted to make sure she was thanked for that effort. IN RE: CITY COMMENDED Councilmember Garcia reported that he received a call from Nancy Bickerstaff and she wanted to thank the City Manager and staff for helping her on Merchant Street with a project. IN RE: PALATINE PARK Councilmember Bledsoe said that one of the best things that has happened in Fairmont was when the County Commission took over Palatine Park. He noted that they put a lot of money into it and it is one of the best investments made in this town. IN RE: TRICK OR TREATING DATE Councilmember Bledsoe stated that some people are not happy about Trick or Treating being held on a Sunday night. IN RE: REVIEW CITY CHARTER Councilmember Bledsoe asked again about forming a committee to review the City Charter, line by line. IN RE: SUSAN LAPEER COMMENDED Councilmember Cinalli extended congratulations, again, to Susan Lapeer. IN RE: SPEED STUDY ON PEACOCK LANE 6 Councilmember Cinalli mentioned that he was happy about the speed study that was done on Peacock Lane a couple weeks ago. IN RE: DRAINAGE WORK ON SANDS DRIVE Councilmember Cinalli reported that the drain work on Sands Drive is almost done and he has received a lot of good feedback from residents there about the drainage work. IN RE: HOMETOWN MARKETS Councilmember Blood mentioned that the Home Town Markets were a wonderful success. She said they went out with a little bit of a whimper because of the horrible weather on Saturday. IN RE: FEAST OF THE SEVEN FISHES FESTIVAL Councilmember Blood noted that the Feast of the Seven Fishes Festival will be coming up December 9-11, 2021 and will be better than ever. CITIZENS PETITIONS IN RE: REZONING JOHN BASAGIC , 1 Mill Fall Road, owner of the City Center Building on Fairmont Avenue, addressed Council regarding rezoning. He said that he read in the newspaper about rezoning. He asked City Council to please be careful about voting for anything because he is on a special project right now to reverse the annexation from Third Street to First Street because it might be interpreted differently by the Attorney General of WV. He said there are so many things going on and he is the original landowner. He said that he was against rezoning at this time and asked Council to be careful on his part and what he is wanting to do. He said that in 1990 Council rezoned Fairmont Avenue from First Street to Third Street and he was told about it at a business meeting. He said that the Historical District hurts his property in marketing and he will be in contact with the Attorney General. CITY MANAGER ’S REPORT IN RE: AMERICAN RESCUE FUNDING The City Manager said that there will be a public work session on the American Rescue Plan spending on Tuesday, November 2nd at 3:30 p.m. in the Fire Training Room. IN RE: MARION COUNTY HUMANE SOCIETY PRESENTATION 7 CHRISTINA MICKEY , with the Marion County Humane Society, made a presentation to Council regarding the future of the Marion County Humane Society. She made the following points:  The Marion County Humane Society was established 76 years ago. The current shelter was built in 1974 on 10 acres of donated land.  The Humane Society is a no-kill shelter that provides shelter, medical treatments, adoption services, and foster care for homeless pets in Marion County.  The cost of their operations average $250,000 per year and they employee 7 staff members.  Their funding comes from donations, adoptions, grants, the Marion County Commission and the City of Fairmont.  The current building is 43 years old and it fails to meet current animal shelter standards; the cages are outdated and there is no sound proofing.  The facility is a 2,900 squre feet building and currently houses 30 dogs, regularly exceeding the capacity.  The cat housing trailer was removed in August 2021 due to the age and condition of the trailer.  Cats are currently being housed in a storage room inside the facility, however, new temporary housing is being brought in to address cat housing until the new facility is completed.  The Society is in the process of obtaining funding for a new 13,000 square foot building that meets current animal shelter designs. Funding for the new shelter is estimated to be $1,758,000.  The Marion County Humane Society is asking City Council to support the project efforts and pledge funding to the new community project that is desperately needed. Ms. Mickey asked Council for funding consideration. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE AMENDING AND REVISING ARTICLE V, FINANCIAL PROCEDURES , OF THE FAIRMONT CITY CHARTER, AND MORE PARTICULARLY SECTION 5.09 AMENDMENTS AFTER ADOPTION THEREOF, TO ELIMINATE THE REQUIREMENT THAT REVISIONS TO THE ADOPTED ANNUAL CITY BUDGET MUST BE APPROVED BY COUNCIL BY ORDINANCE AND TO PERMIT THAT SUCH REVISIONS TO THE ADOPTED ANNUAL CITY BUDGET BE APPROVED BY COUNCIL BY RESOLUTION Mayor Mainella entertained a motion for the adoption of an ordinance amending and revising Section 5.09 of the City Charter to eliminate the requirement that revisions to the adopted annual City Budget must be approved by Council by ordinance and to permit that such revisions be approved by Council by resolution. Motion: 8 Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Garcia 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. 1919 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 PARCELS OF REAL ESTATE SITUATE IN THE CITY OF FAIRMONT, MARION COUNTY, WEST VIRGINIA, TO-WIT: DESCRIPTION DISTRICT MAP / PARCEL ADDRESS BLK 4 LT 3 WILEY ADD CARTER ST UNION CITY 10 /174 553 CARTER ST BLK 1 LT 7 OLIVER AVE FAIRMONT CITY 26 /133 613 OLIVER AVE FROM MATTHEW A.B. SERIAN AND BRIAN E. CARPENTER, RESPECTIVELY, TO THE CITY OF FAIRMONT; PROVIDING FOR AND AUTHORIZING THE CONVEYANCE AND TRANSFER OF SAID PARCEL OF REAL ESTATE FROM THE CITY OF FAIRMONT TO AN UNIDENTIFIED SUBSEQUENT PURCHASER IN ACCORDANCE WITH THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES AND RESOLUTIONS ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER THE TRANSACTIONAL DOCUMENTS ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Mayor Mainella entertained a motion for the adoption of an ordinance providing for the transfer and conveyance of 553 Carter Street and 613 Oliver Avenue to the City of Fairmont. Motion: Councilmember Deasy 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 Council and the ordinance designated as Ordinance No. 1920 was duly adopted. IN RE: ADOPTION, AN ORDINANCE PROVIDING FOR THE PUBLIC AUCTION OF SURPLUS PERSONAL PROPERTY OF THE CITY OF FAIRMONT; RESERVATION OF RIGHTS Mayor Mainella entertained a motion for the adoption of an ordinance providing for the public auction of surplus personal property of the City of Fairmont. 9 Motion: Councilmember Garcia moved for the adoption of the proposed ordinance. Councilmember Bledsoe 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. 1921 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 2.0 DEFINITIONS AND MEASUREMENTS OF THE PROVISIONS OF CLEARZONING®, THE CITY’S CODIFIED PLANNING AND ZONING CODE TO AMEND, SUPPLEMENT AND ADD ADDITIONAL DEFINITIONS FOR 1) ACCESSORY DWELLING UNIT AND 2) CLINICS, MEDICAL OR DENTAL, AND FURTHER TO CREATE AN EXEMPTION FOR RESIDENTIAL GARAGE DOORS FROM THE TRANSPARENCY REQUIREMENTS OF SECTION 2.3.5 THEREOF Mayor Mainella entertained a motion for the adoption of an ordinance amending the Clearzoning Code under Article 2.0 Definitions. Motion: Councilmember Bledsoe moved for the adoption of the proposed ordinance. Councilmember Blood seconded the motion. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Blood Yes Councilmember Cinalli Yes Councilmember Bolyard Yes Councilmember Garcia Yes Councilmember Kennedy Yes Councilmember Rice No Councilmember Deasy Yes Councilmember Bledsoe Yes Mayor Mainella Yes The Mayor declared the ordinance adopted by majority vote of Council and the ordinance designated as Ordinance No. 1922 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 THE FOLLOWING PARCELS OF REAL ESTATE TO MICHAEL MARINO AND/OR A-ONE GENERAL CONTRACTING PURSUANT TO THE CITY OF FAIRMONT'S APPROVED HOME RULE PLAN AND THE ORDINANCES ADOPTED THEREUNDER; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A DEED OF CONVEYANCE AND ANY OTHER 10 NECESSARY TRANSACTIONAL DOCUMENT ON BEHALF OF THE CITY OF FAIRMONT: Description Map / Parcel Address BLK 10 PT LT 10 (30X60) 03-40 / 177 219 Bellview Avenue PCL (5628 SQ FT) (2 BLDGS) 05-07 / 343 501 State Street BLK 14 LOT 26 & Coal 03-02 / 98 420 Walnut Avenue BLK 14 LOT 25 Walnut Ave 03-02 / 99 422 Walnut Avenue Mayor Mainella entertained a motion for the adoption of an ordinance providing for the transfer and conveyance of parcels of real estate to Michael Marino from the City of Fairmont. Motion: Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Bolyard 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. 1923 was duly adopted. IN RE: INTRODUCTION, FIRST READING, SET PUBLIC HEARING, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT, WEST VIRGINIA, APPROVING THE TERMS AND CONDITIONS OF THAT CERTAIN AGREEMENT BY AND BETWEEN ALLIED WASTE SERVICES OF NORTH AMERICA, LLC, D/B/A REPUBLIC SERVICES OF NORTH AMERICA, LLC, D/B/A REPUBLIC SERVICES OF WEST VIRGINIA AND THE CITY OF FAIRMONT DATED THE ______ DAY OF _________ 2021, WHICH AGREEMENT PROVIDES FOR THE REMOVAL, COLLECTION, AND DISPOSAL OF SOLID WASTE AND RECYCLING OF CERTAIN WASTE MATERIALS, AND FURTHER AUTHORIZING AND EMPOWERING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF FAIRMONT; RATIFICATION Mayor Mainella entertained a motion and second for the introduction of an ordinance approving the terms of the agreement between Republic Services of WV and the City of Fairmont for the Solid Waste Agreement. Motion: Councilmember Kennedy moved for the introduction of the proposed ordinance. The motion was seconded by Councilmember Garcia. The Clerk read the proposed ordinance by synopsis for the first time. 11 The Mayor declared the public hearing set for November 23, 2021. Councilmember Bledsoe voted against setting the public hearing. IN RE: ADOPTION, A 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 THURSDAY, DECEMBER 9, 2021 THROUGH SATURDAY, DECEMBER 11, 2021 Mayor Mainella entertained a motion for the adoption of a resolution endorsing the Feast of Seven Fishes Festival scheduled for downtown Fairmont December 9-11, 2021. Motion: Councilmember Deasy moved for the adoption of the proposed resolution. Councilmember Rice 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 Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2024. Mayor Mainella entertained a motion for one re-appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2024. Motion: Mayor Mainella moved to re-appoint Jack Hussey to the Arts and Humanities Commission. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk. The Mayor declared Jack Hussey re-appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2024 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2024. Mayor Mainella entertained a motion for one re-appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2024. Motion: 12 Mayor Mainella moved to re-appoint Faith Bowyer to the Arts and Humanities Commission. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk. The Mayor declared Faith Bowyer re-appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2024 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2023. Mayor Mainella entertained a motion for one re-appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2023. Motion: The Mayor moved to re-appoint Christian Cox to the Arts and Humanities Commission. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Christian Cox re-appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2023 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2022. Mayor Mainella entertained a motion for one re-appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2022. Motion: Mayor Mainella moved to re-appoint Sue Montgomery to the Arts and Humanities Commission. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk. The Mayor declared Sue Montgomery re-appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2022 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2022. Mayor Mainella entertained a motion for one re-appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2022. 13 Motion: Mayor Mainella moved to re-appoint Peggy Edwards to the Arts and Humanities Commission. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Peggy Edwards re-appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2022 by unanimous vote of Council. IN RE: ONE APPOINTMENT, ARTS AND HUMANITIES COMMISSION, UNEXPIRED TERM TO END JUNE 30, 2024. Mayor Mainella entertained a motion for one re-appointment to the Arts and Humanities Commission for an unexpired term to end June 30, 2024. Motion: Mayor Mainella moved to appoint Linda O’Connor to the Arts and Humanities Commission. The motion was seconded by Councilmember Garcia. Roll call was taken by the Clerk. The Mayor declared Linda O’Connor re-appointed to the Arts and Humanities Commission for an unexpired term ending June 30, 2024 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT HUMAN RIGHTS COMMISSION, THREE-YEAR TERM ENDING NOVEMBER 15, 2024. Mayor Mainella entertained a motion for one re-appointment to the Fairmont Human Rights Commission for a three-year term to end November 15, 2024. Motion: Mayor Mainella moved to re-appoint Rev. Larry Buckland to the Fairmont Human Rights Commission. The motion was seconded by Councilmember Blood. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Bledsoe No Councilmember Blood Yes Councilmember Kennedy Yes Councilmember Cinalli Yes Councilmember Bolyard Yes Councilmember Deasy Yes Councilmember Rice Yes Councilmember Garcia Yes Mayor Mainella Yes 14 The Mayor declared Rev. Larry Buckland re-appointed to the Fairmont Human Rights Commission for a three-year term ending November 15, 2024 by majority vote of Council. IN RE: ONE RE-APPOINTMENT, FAIRMONT HUMAN RIGHTS COMMISSION, THREE-YEAR TERM ENDING NOVEMBER 15, 2024. Mayor Mainella entertained a motion for one re-appointment to the Fairmont Human Rights Commission for a three-year term to end November 15, 2024. Motion: The Mayor moved to re-appoint Cyndy Straight to the Fairmont Human Rights Commission. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Deasy Yes Councilmember Blood Yes Councilmember Bolyard Yes Councilmember Cinalli Yes Councilmember Garcia Yes Councilmember Bledsoe No Councilmember Rice Yes Councilmember Kennedy Yes Mayor Mainella Yes The Mayor declared Cyndy Straight re-appointed to the Fairmont Human Rights Commission for a three-year term ending November 15, 2024 by majority vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HUMAN RIGHTS COMMISSION, THREE-YEAR TERM ENDING NOVEMBER 15, 2024. Mayor Mainella entertained a motion for one appointment to the Fairmont Human Rights Commission for a three-year term to end November 15, 2024. Motion: Mayor Mainella moved to appoint Dan Swiger to the Fairmont Human Rights Commission. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Kennedy Yes Councilmember Cinalli Yes Councilmember Bolyard Yes Councilmember Blood Yes Councilmember Rice Yes Councilmember Deasy Yes Councilmember Garcia Yes Councilmember Bledsoe No Mayor Mainella Yes 15 The Mayor declared Dan Swiger re-appointed to the Fairmont Human Rights Commission for a three-year term ending November 15, 2024 by majority vote of Council. IN RE: ONE APPOINTMENT, FAIRMONT HUMAN RIGHTS COMMISSION, THREE-YEAR TERM ENDING NOVEMBER 15, 2024. Mayor Mainella entertained a motion for one appointment to the Fairmont Human Rights Commission for a three-year term to end November 15, 2024. Motion: Mayor Mainella moved to appoint Dustin Merrill to the Fairmont Human Rights Commission. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk and the following votes were recorded: Councilmember Cinalli Yes Councilmember Garcia Yes Councilmember Deasy Yes Councilmember Bolyard Yes Councilmember Blood Yes Councilmember Kennedy Yes Councilmember Rice Yes Councilmember Bledsoe No Mayor Mainella Yes The Mayor declared Dustin Merrill appointed to the Fairmont Human Rights Commission for a three-year term ending November 15, 2024 by majority vote of Council. IN RE: ADJOURN TO EXECUTIVE SESSION Mayor Mainella moved that Council 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. The motion was seconded by Councilmember Bledsoe. The Mayor declared the meeting adjourned to Executive Session by voice vote of Council at 8:05 p.m. IN RE: MEETING RECONVENED The Mayor declared the meeting reconvened at 8:43 p.m. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: 16 Councilmember Blood moved to adjourn the meeting. The motion was seconded by Councilmember Bledsoe. The Mayor declared the meeting adjourned by voice vote of Council at 8:44 p.m. 17