City Council

December 12, 2023 The regular meeting of the City Council of the City of Fairmont was held at 7:00 p.m. on the 12th day of December 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: Interim City Manager Janet L. Keller City Attorney Kevin V. Sansalone Interim City Clerk David A. Kirk Planning Director Shae Strait IN RE: OPENING CEREMONIES Mayor Bolyard led a moment of silent reflection followed by the Pledge of Allegiance to the Flag led by Councilmember Warner. APPROVAL OF MINUTES IN RE: MINUTES FOR THE NOVEMBER 28, 2023 REGULAR SESSION Mayor Bolyard noted that each member of Council had received a copy of the minutes from Regular Meeting held on November 28, 2023. She asked if there were any corrections, deletions, or amendments to be made to the minutes. Councilmember McDaniel moved to approve the minutes for the November 28, 2023, Regular Meeting as submitted. The motion was seconded by Councilmember Rice. 1 The Mayor declared the minutes approved as submitted by voice vote of Council. PUBLIC HEARINGS There were no public hearings. ANNOUNCEMENTS IN RE: ELF THE MUSICAL Councilmember Rice thanked 5th Street Dance for its production of Elf the Musical and he issued kudos to all involved in the production. IN RE: MOBILE FOOD PANTRY Councilmember Moran informed Council and the public of the mobile food pantry that will be arriving in Palatine Park on Wednesday, December 20 th at 11 a.m. IN RE: ARTS & HUMANITIES AWARDS Councilmember Moran mentioned that the Fairmont Arts and Humanities Commission is taking nominations for its annual awards. A form to submit nominations is available on the commission’s Facebook page. Nominations will be open until January 31st. IN RE: NEW PAVILION IN BELLVIEW Councilmember Moran gave kudos to the Public Works staff and to the City Parks staff for their work on the Bellview Pavilion. IN RE: FEAST OF THE SEVEN FISHES All Councilmembers expressed their enthusiasm with this year’s Feast of the Seven Fishes, citing good weather and the expanded calendar of events as exciting progress for Main Street Fairmont. Several Councilmembers specifically congratulated Main Street Fairmont Director Alex Petry for a job well done. IN RE: COUNCILMEMBER CINALLI ANNOUNCES RESIGNATION Councilmember Cinalli gave a “bittersweet” announcement, informing his fellow Councilmembers that he will be moving outside City Limits and will 2 resign from his seat around February 1st. Several Councilmembers expressed their well-wishes for Councilmember Cinalli as he moves on. IN RE: MAPLE GROVE CEMETERY WREATHS ACROSS AMERICA Mayor Bolyard invited Council and the public to attend this year’s Wreaths Across America ceremony to be held at Maple Grove Cemetery. CITIZENS PETITIONS There were no citizen’s petitions. CITY MANAGER’S REPORT Interim City Manager Janet L. Keller reminded the public of an upcoming planned power outage for Mon Power customers and mentioned that parking downtown is free all throughout December. She also reminded the public that next week’s council meeting is only a week away and will be held December 19th rather than December 26th. CONSIDERATION OF COUNCIL BUSINESS IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL FOR THE CITY OF FAIRMONT AUTHORIZING AND DIRECTING THE ESTABLISHMENT OF AN INTERESTBEARING ACCOUNT AT THE HUNTINGTON NATIONAL BANK ENTITLED "CITY OF FAIRMONT FUND 026 OPIOID SETTLEMENT ACCOUNT" AND FURTHER AUTHORIZING PRISCILLA A. HAMILTON AND JANET L. KELLER TO ACT ON BEHALF OF THE CITY FOR PURPOSES OF SAID ACCOUNT. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the creation of a bank account entitled “City of Fairmont Fund 026 Opioid Settlement Account.” Motion: Councilmember Rice moved for the adoption of the proposed resolution. Councilmember Nuzum seconded the motion. 3 Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. IN RE: ADOPTION, A RESOLUTION OF THE COUNCIL OF THE CITY OF FAIRMONT ADOPTING A POLICY OF NONDISCRIMINATION OBLIGATIONS, BEST PRACTICES AND GRIEVANCE PROCEDURES FOR PURPOSES OF PROGRAMS, BENEFITS, ACTIVITIES, OR SERVICES PROVIDED BY THE CITY OF FAIRMONT. The Interim City Clerk read the proposed resolution by synopsis for the first time. Mayor Bolyard entertained a motion for the adoption of a resolution approving the establishment of a nondiscrimination policy for services provided by the City of Fairmont. Motion: Councilmember McDaniel moved for the adoption of the proposed resolution. Councilmember Cinalli seconded the motion. Discussion: Councilmember Moran expressed concerns that this nondiscrimination policy holds the City to a lower standard of nondiscrimination than the standard which the City requires of vendors and contractors. She cited several “protected classes” that are present in the City’s Human Rights ordinances that are not present in this new policy. KEVIN SANSALONE, City Attorney, said that the categories are narrowed in this ordinance because the ordinance follows the protected classes as listed in West Virginia’s state-level human rights and nondiscrimination laws. This is because any appeals made by a citizen in the City of Fairmont would be fielded by the West Virginia Human Rights Commission and including a protected class on the local level that is not recognized at the state level would give those individuals no avenue for recourse. Councilmember Moran was satisfied with Mr. Sansalone’s answer and she yielded the floor back to the Mayor, who then called for a vote. Roll call was taken by the Clerk. The Mayor declared the resolution adopted by unanimous vote of Council. 4 IN RE: ONE RE-APPOINTMENT, BOARD OF ZONING APPEALS, THREE YEAR TERM TO END JANUARY 1, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Board of Zoning Appeals for a three-year term ending January 1, 2027. Councilmember Nuzum moved to appoint Joseph Manchin IV to the Fairmont Board of Zoning Appeals for a three-year term ending January 1, 2027. The motion was seconded by Councilmember Cinalli. Roll call was taken by the Clerk. The Mayor declared Joseph Manchin IV appointed to the Fairmont Board of Zoning Appeals for a three-year term ending January 1, 2027 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, BOARD OF ZONING APPEALS, THREE- YEAR TERM TO END JANUARY 1, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Board of Zoning Appeals for a three-year term ending January 1, 2027. Councilmember Deasy moved to appoint Madelaine Shultz to the Fairmont Board of Zoning Appeals for a three-year term ending January 1, 2027. The motion was seconded by Councilmember McDaniel. Roll call was taken by the Clerk. The Mayor declared Madeline Shultz appointed to the Fairmont Board of Zoning Appeals for a three-year term ending January 1, 2027 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, SANITARY SEWER BOARD, THREE-YEAR TERM TO END JANUARY 1, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Sanitary Sewer Board for a three-year term ending January 1, 2027. Councilmember Rice moved to appoint William David Roberts to the Sanitary Sewer Board for a three-year term ending January 1, 2027. The motion was seconded by Councilmember Moran. Roll call was taken by the Clerk. 5 The Mayor declared William David Roberts appointed to the Sanitary Sewer Board for a three-year term ending January 1, 2027 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, HISTORIC PRESERVATION REVIEW COMMISSION, THREE-YEAR TERM TO END JANUARY 1, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Historic Preservation Review Commission for a three-year term ending January 1, 2027. Councilmember Warner moved to appoint Tracy Evans to the Fairmont Historic Preservation Review Commission for a three-year term ending January 1, 2027. The motion was seconded by Councilmember Rice. Roll call was taken by the Clerk. The Mayor declared Tracy Evans appointed to the Fairmont Historic Preservation Review Commission for a three-year term ending January 1, 2027 by unanimous vote of Council. IN RE: ONE RE-APPOINTMENT, HISTORIC LANDMARKS COMMISSION, THREE YEAR TERM TO END JANUARY 1, 2027. Mayor Bolyard entertained a motion for one re-appointment to the Fairmont Historic Landmarks Commission for a three-year term ending January 1, 2027. Councilmember Rice moved to appoint Tracy Evans to the Fairmont Historic Landmarks Commission for a three-year term ending January 1, 2027. The motion was seconded by Councilmember Warner. Roll call was taken by the Clerk. The Mayor declared Tracy Evans appointed to the Fairmont Historic Landmarks Commission for a three-year term ending January 1, 2027 by unanimous vote of Council. ADJOURNMENT The Mayor entertained a motion for adjournment Motion: 6 Councilmember Rice moved to adjourn the meeting. The motion was seconded by Councilmember Warner. The Mayor declared the meeting adjourned by voice vote of Council at 7:23 p.m. 7