City Council

February 28, 2023 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 28th day of February, 2023, at the Public Safety Building located at 500 Quincy Street in Fairmont, West Virginia. Mayor Bolyard called the meeting to order. Councilmembers present were: First District Joshua D. (Josh) Rice Second District Anne E. Bolyard Third District Rebecca Moran Fourth District Richard (Rick) Garcia Fifth District Charles (Chuck) Warner Sixth District Gia Deasy Seventh District Nicholas (Nicky) Cinalli Eighth District Bruce McDaniel Ninth District Kandice (Kandi) Nuzum Also present were: City Manager Valerie A. Means City Attorney Kevin S. Sansalone City Clerk Janet L. Keller Fire Chief Ed Simmons Director of Marketing Hanna Turner Director of Planning Shae Strait IN RE: OPENING CEREMONIES Rev. Dr. Mark Staples gave the invocation followed by the Pledge of Allegiance to the Flag led by Councilmember Moran. APPROVAL OF MINUTES Mayor Bolyard noted that each member of Council had received a copy of the minutes from the Regular Meeting held on February 15, 2023. She asked if there were any corrections, deletions, or amendments. Councilmember Rice moved to approve the minutes as submitted. The motion was seconded by Councilmember Warner. The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS 1 IN RE: AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance to approve and adopt current replacement pages to the Fairmont City Code. The Mayor asked if anyone present desired to speak to the proposed ordinance. Ms. Means asked Council to approve this ordinance. She said this is a regular action of us updating our City Code with more recent ordinances or actions of Council. There being no one else to speak, the public hearing was called to a close at 7:04 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 8.0 ADMINISTRATION, APPEALS AND ENFORCEMENT OF THE PROVISIONS OF THE CITY’S CODIFIED PLANNING AND ZONING CODE, AND MORE PARTICULARLY SECTION 8.11 FEES THEREOF TO CONSOLIDATE ALL ZONING AND DEVELOPMENT RELATED FEES IN A SINGLE SECTION; MODERNIZE CERTAIN FEES; AND CREATE PENALTIES FOR PERFORMING WORK WITHOUT THE NECESSARY PERMITS Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending Article 8.0 Administration, Appeals and Enforcement, more particularly, Section 8.11 Fees, to consolidate all zoning and development fees in a single section of the Planning Code. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, spoke in favor of this amendment as well as the next four items on the agenda as they are all related to one another. He said that these items will consolidate all our Planning and Development related fees in a single section of Code along with modernizing a couple of those fees particularly the Site Development and Plan Review Fees for site plan approval pre-requiring a building permit. There being no one else to speak, the public hearing was called to a close at 7:06 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SUBSECTION 12 REGISTRATION AND PERMIT FEES OF SECTION 5.3 SIGNS AND SIMILAR STRUCTURES OF ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending 2 Subsection 12 Registration and Permit Fees of Section 5.3 Signs and Similar Structures of the Planning and Zoning Code to accommodate the consolidation of all planning related fees into a single section. 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 7:07 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SUBSECTION 13 FEES OF SECTION 6.1 SITE PLAN REVIEW OF ARTICLE 6.0 DEVELOPMENT PROCEDURES OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending Subsection 13 Fees of Section 6.1 Site Plan Review of Article 6.0 Development Procedures of the Planning Code to accommodate the consolidation of all planning related fees into a single section. The Mayor asked if anyone present desired to speak to the proposed ordinance. There being no one to speak, the public hearing was called to a close at 7:08 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SUBSECTION 5 FEES OF SECTION 7.2 ADMINISTRATION AND ENFORCEMENT OF ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending Subsection 5 Fees of Section 7.2 Administration and Enforcement of the Planning Code to accommodate the consolidation of all planning related fees into a single section. 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 7:09 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING ARTICLE 157 OF THE CITY CODE AND MORE PARTICULARLY SECTION 157.10 FILING FEES TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a 3 public hearing was convened to obtain citizen input on an ordinance amending Article 157 of the City Code to accommodate the consolidation of all planning related fees into a single section. 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 7:10 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 THE CITY’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO PROVIDE DEFINITIONS FOR SUBSTANTIAL IMPROVEMENT, WALL, GARDEN AND WALL, RETAINING Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending Article 2.0 Definitions of the Planning Code to provide definitions for Substantial Improvement, Wall, Garden and Wall, and Retaining. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, spoke in favor of this proposed amendment. He said this is simply adding three definitions for our definition section to clarify what the terms may mean within the regulations of the Code so we can be clear to the public and to ourselves what we are regulating. There being no one else to speak, the public hearing was called to a close at 7:11 p.m. IN RE: AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT REPEALING AND REPLACING SECTION 5.4 PARKING OF ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO REORGANIZE AND PROVIDE CLARITY TO THE REGULATIONS; TO MODIFY THE MINIMUM PARKING REQUIREMENTS AND DRIVEWAY STANDARDS; TO ADD ADDITIONAL TERMS; AND TO MAKE OTHER STYLISTIC CHANGES; SAVINGS CLAUSE Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance repealing and replacing Section 5.4 Parking of Article 5.0 Site Standards of the Planning Code to reorganize and provide clarity to the regulations and to modify the minimum parking requirements and driveway standards. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, also spoke in favor of this amendment. He said this ordinance is repealing and replacing our parking standards. He said there are a 4 couple large items in here, first is to ease some of the standards on single family dwellings and to be able to install a driveway for off-street parking on that property. He added that we are modernizing the parking requirements across all land uses and specifically calling them out as the same way we do in permanent use charts. The change will be reflected on the City’s virtual land use maps and charts. 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 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.8 FENCES AND VEGETATIVE SCREENING TO INCLUDE WALLS AND TO MODIFY AND ADJUST CERTAIN SITE STANDARDS AND REQUIREMENTS FOR FENCES, WALLS, AND VEGETATIVE SCREENING Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending and supplementing Article 5.0 Site Standards and more particularly Section 5.8 Fences and Vegetative Screening to include walls and to modify and adjust site standards and requirements for Fences, Walls, and Vegetative Screening. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, addressed Council regarding this amendment. He explained that this ordinance will change several of our standards for fences, walls, and vegetative screening for the City, particularly, it will clarify how we handle non- conforming fences, permit for low scale masonry walls, and permits for garden fencing if it meets the requirements to be exempt from obtaining a zoning permit allowing for families to more easily to use their yards and property for gardening and vegetables. He also mentioned that it clarifies some of the standards for recreational fencing and electrically charged fencing to make sure we have clear rules and regulations on that for the safety of the public. Councilmember Deasy mentioned that Council has asked a million questions on these items and everybody has been well informed so she did not want any one to interpret our silence as disregard. She noted that we have gotten a lot of our questions answered in our work session. 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 OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL TO MODIFY THE MINIMUM FIVE (5) FEET SETBACK REQUIREMENT Pursuant to a notice duly published in the Times-West Virginian on February 17, 2023, a public hearing was convened to obtain citizen input on an ordinance amending and supplementing Article 5.0 Site Standards and more particularly Section 5.9 Refuse 5 Containment and Mechanical to modify the minimum five feet setback requirement. The Mayor asked if anyone present desired to speak to the proposed ordinance. SHAE STRAIT , Director of Planning, also spoke in favor of this amendment. He stated that the Planning Commission has also discussed all these amendments at length before bringing these items to City Council. He noted that they were all forwarded unanimously in favor to City Council. He went on to say that this amendment is to remove a requirement that is only on single family homes for their mechanical equipment that is placed into the yard of their property. The standard does not exist for any other land use in the City and the Board of Zoning Appeals has approved several variances declaring that this was an undue burden upon all single-family homes, not any specific property. He said this will help create a fairer standard for how we handle these things in the future. For clarification, this will not unregulate mechanical equipment. There are industry standards that are regulated in the Building Inspection Department and those will be reviewed before their installation. There being no one else to speak, the public hearing was called to a close at 7:16 p.m. ANNOUNCEMENTS IN RE: YOUTH FISH ING POND STOCKED Councilmember Rice reported that the Marion County Commission has stocked the Youth Fishing Pond on Montana Road with 800 lbs. of trout. He mentioned that the age is 14 years old and under to fish there. IN RE: CONSTRUCTION ON LOCUST AVENUE Councilmember Garcia said that the State is working on the guardrail and sidewalks on Locust Avenue. IN RE: UPDATE ON 120 FAIRMONT AVENUE (FORMER BB&T BANK BUILDING ) Councilmember Garcia asked if there was any update on the BB&T Bank Building. Ms. Means replied that staff is still working on it. We have retained the structural engineer and they are reviewing it and will give us a report. She added that we are in the process of hiring the geotechnical services. IN RE: STREET LIGHTING REQUESTED Councilmember Warner stated that the warm weather has prompted his neighbors that live in the Cook Hospital to ask once again for more lighting in that area. He said that they like to sit outside in the warm weather. He then requested that the City ask Mon Power for additional lighting around the Cook Hospital and in that area. 6 IN RE: MISCELLANEOUS ITEMS Councilmember Deasy reported the following items:  Marcella Yaremchuk is also a Jefferson Award Winner and was recognized on WDTV Channel 5 News.  Tygart Valley United Way met their goal. She extended congratulations to Brett White and stated that we see a lot of their work locally.  She and Councilmember Rice were at the DAC the other night as part of their Advisory Board and they will be having a Transition Fair for students with disabilities this Friday.  On April 18th, there is going to be a Grandfamilies Resource Fair at the Southridge Church. She said that over 50% of the students in Marion County did not live with traditional biological parents and Grandfamilies helps support most of our students in Marion County.  April 29th is the Literacy Fair at the Fairmont Senior Field House on Mary Lou Retton Drive. It is an opportunity for children to get free books and for parents to get some free books and celebrate Literacy in Marion County. IN RE: POT HOLES ON GATEWAY CONNECTOR Councilmember Cinalli stated he received a couple calls about the potholes on the Gateway Connector. He said that he visited the Department of Highways local office on Country Club Road to ask when the potholes on the Connector were going to be patched. After talking to them, he was told the holes will be patched when the asphalt plant opens. IN RE: HOUSE BILLS Councilmember Nuzum reported that House Bill 3554 has been postponed and may not pass out of committee and House Bill 3075, regarding the Subcontractors, will not come out of committee this session. She noted that Delegate DeVault wants to meet with Travis Blosser so they can work out something with this bill that will work well for the cities and the contractors. IN RE: REBECCA WILSON ACKNOWLEDGED Mayor Bolyard expressed her appreciation for the 11 years of service that Rebecca Wilson gave to the City of Fairmont. She said she is on a new adventure in her life and she will very much be missed by all and we wish her the absolute best. CITIZENS PETITIONS IN RE: MT. ZION CENTER OF HOPE DR. MARK STAPLES , from Mt. Zion Baptist Church, presented to Council information about his church’s work on the former Mt. Zion building at 501 Cleveland Avenue. He 7 said that they want to use it as a Center of Hope to bring hope back to the community. He said that once the original 1928 church is restored to safe and sound condition for community use, current outreach services will be consolidated there. He explained that they will be partner with existing social service entities and other community ministries and various educational resources. He then thanked the City for their support of the Center of Hope. IN RE: MARION COUNTY PUBLIC LIBRARY UPDATE LARISSA CASON, Executive Director of the Marion County Public Library, provided Council with an update of the Library and named all of the services that they provide to the community. CITY MANAGER ’S REPORT IN RE: 2022 ANNUAL REPORT Ms. Means said that she is pleased to report that the 2022 Annual Operational Report has been posted on the City’s website. She noted that it was annual key performance indicators and statistics for each department. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, AN ORDINANCE TO APPROVE AND ADOPT CURRENT REPLACEMENT PAGES TO THE FAIRMONT CITY CODE Mayor Bolyard entertained a motion for the adoption of an ordinance to approve and adopt current replacement pages to the Fairmont City Code. Motion: Councilmember McDaniel moved for the adoption of the proposed ordinance. Councilmember Rice 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. 1982 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 8.0 ADMINISTRATION, APPEALS AND ENFORCEMENT OF THE PROVISIONS OF THE CITY’S CODIFIED PLANNING AND ZONING CODE, AND MORE PARTICULARLY SECTION 8.11 FEES THEREOF TO CONSOLIDATE ALL ZONING AND DEVELOPMENT RELATED FEES IN A SINGLE SECTION; MODERNIZE CERTAIN FEES; AND CREATE PENALTIES FOR PERFORMING WORK WITHOUT THE NECESSARY PERMITS 8 Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 8.0 Administration, Appeals and Enforcement to consolidate all zoning and development fees in a single section of the Planning Code. Motion: Councilmember Rice 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. 1983 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SUBSECTION 12 REGISTRATION AND PERMIT FEES OF SECTION 5.3 SIGNS AND SIMILAR STRUCTURES OF ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Mayor Bolyard entertained a motion for the adoption of an ordinance amending Subsection 12 Registration and Permit Fees of Section 5.3 Signs and Similar Structures of the Planning and Zoning Code to accommodate the consolidation of all planning related fees into a single section. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. Councilmember Rice 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. 1984 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SUBSECTION 13 FEES OF SECTION 6.1 SITE PLAN REVIEW OF ARTICLE 6.0 DEVELOPMENT PROCEDURES OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Mayor Bolyard entertained a motion for the adoption of an ordinance amending Subsection 13 Fees of Section 6.1 Site Plan Review of the Planning Code to accommodate the consolidation of all planning related fees into a single section. 9 Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember Warner 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. 1985 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING SUBSECTION 5 FEES OF SECTION 7.2 ADMINISTRATION AND ENFORCEMENT OF ARTICLE 7.0 SUBDIVISION REGULATIONS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Mayor Bolyard entertained a motion for the adoption of an ordinance amending Subsection 5 Fees of Section 7.2 Administration and Enforcement of the Planning Code to accommodate the consolidation of all planning related fees into a single section. Motion: Councilmember McDaniel moved for the adoption of the proposed ordinance. Councilmember Deasy seconded the motion. Roll call was taken by the Clerk. The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1986 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING ARTICLE 157 OF THE CITY CODE AND MORE PARTICULARLY SECTION 157.10 FILING FEES TO ACCOMMODATE THE CONSOLIDATION OF ALL PLANNING AND DEVELOPMENT RELATED FEES INTO A SINGLE SECTION Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 157 of the City Code to accommodate the consolidation of all planning related fees into a single section. Motion: Councilmember Warner moved for the adoption of the proposed ordinance. Councilmember McDaniel seconded the motion. 10 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. 1987 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 THE CITY’S CODIFIED PLANNING AND ZONING CODE AND MORE PARTICULARLY 2.2 INTENT TO PROVIDE DEFINITIONS FOR SUBSTANTIAL IMPROVEMENT, WALL, GARDEN AND WALL, RETAINING Mayor Bolyard entertained a motion for the adoption of an ordinance amending Article 2.0 Definitions of the Planning Code to provide definitions for Substantial Improvement, Wall, Garden and Wall, and Retaining. Motion: Councilmember Deasy 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. 1988 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT REPEALING AND REPLACING SECTION 5.4 PARKING OF ARTICLE 5.0 SITE STANDARDS OF THE PROVISIONS OF THE CITY OF FAIRMONT ’S CODIFIED PLANNING AND ZONING CODE TO REORGANIZE AND PROVIDE CLARITY TO THE REGULATIONS; TO MODIFY THE MINIMUM PARKING REQUIREMENTS AND DRIVEWAY STANDARDS; TO ADD ADDITIONAL TERMS; AND TO MAKE OTHER STYLISTIC CHANGES; SAVINGS CLAUSE Mayor Bolyard entertained a motion for the adoption of an ordinance repealing and replacing Section 5.4 Parking of Article 5.0 Site Standards of the Planning Code to reorganize and provide clarity to the regulations and to modify the minimum parking requirements and driveway standards. Motion: Councilmember Rice moved for the adoption of the proposed ordinance. Councilmember Warner seconded the motion. Roll call was taken by the Clerk. 11 The Mayor declared the ordinance adopted by unanimous vote of Council and the ordinance designated as Ordinance No. 1989 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.8 FENCES AND VEGETATIVE SCREENING TO INCLUDE WALLS AND TO MODIFY AND ADJUST CERTAIN SITE STANDARDS AND REQUIREMENTS FOR FENCES, WALLS, AND VEGETATIVE SCREENING Mayor Bolyard entertained a motion for the adoption of an ordinance amending and supplementing Article 5.0 Site Standards and more particularly Section 5.8 Fences and Vegetative Screening to include walls and to modify and adjust site standards and requirements for Fences, Walls, and Vegetative Screening. Motion: Councilmember Deasy moved for the adoption of the proposed ordinance. Councilmember McDaniel 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. 1990 was duly adopted. IN RE: ADOPTION, AN ORDINANCE OF THE COUNCIL OF THE CITY OF FAIRMONT AMENDING AND SUPPLEMENTING ARTICLE 5.0 SITE STANDARDS AND MORE PARTICULARLY SECTION 5.9 REFUSE CONTAINMENT AND MECHANICAL TO MODIFY THE MINIMUM FIVE (5) FEET SETBACK REQUIREMENT Mayor Bolyard entertained a motion for the adoption of an ordinance amending and supplementing Article 5.0 Site Standards and more particularly Section 5.9 Refuse Containment and Mechanical to modify the minimum five feet setback requirement. Motion: Councilmember Rice 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. 1991 was duly adopted. IN RE: ONE APPOINTMENT, HUMAN RIGHTS COMMISSION, UNEXPIRED TERM ENDING NOVEMBER 15, 2024 12 Mayor Bolyard entertained a motion for one appointment to the Human Rights Commission for an unexpired term ending November 15, 2024. Mayor Bolyard moved to appoint Jill Stiles to the Human Rights Commission for an unexpired term ending November 15, 2024. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Jill Stiles appointed to the Human Rights Commission for an unexpired term ending November 15, 2024 by unanimous vote of Council. IN RE: ONE APPOINTMENT, HUMAN RIGHTS COMMISSION, UNEXPIRED TERM ENDING NOVEMBER 15, 2023 Mayor Bolyard entertained a motion for one appointment to the Human Rights Commission for an unexpired term ending November 15, 2023. Mayor Bolyard moved to appoint Donna Blood to the Human Rights Commission for an unexpired term ending November 15, 2023. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Donna Blood appointed to the Human Rights Commission for an unexpired term ending November 15, 2023 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment. Motion: Councilmember McDaniel moved to adjourn the meeting. The motion was seconded by Councilmember Rice. The Mayor declared the meeting adjourned by voice vote of Council at 7:47 p.m. 13