City Council

1 1 BEFORE THE 2 CITY COUNCIL OF MORGANTOWN, WEST VIRGINIA 3 * * * 4 Transcript of 5 Special 6 City Council Meeting 7 December 9, 2014 8 * * * 9 Morgantown City Hall 10 388 Spruce Street 11 Morgantown, West Virginia 12 * * * 13 Appearances: 14 Jennifer Selin, Mayor 15 Marti Shamberger, Deputy Mayor 16 Jeff Mikorski, City Manager 17 Glen Kelly, Assistant City Manager 18 Linda Tucker, City Clerk 19 Ron Bane, Council Member 20 Bill Kawecki, Council Member 21 Wes Nugent, Council Member 22 Mike Fike, Council Member 23 Nancy Ganz, Council Member 24  2 1 MAYOR SELIN: I’m going to call this meeting to 2 order. This is the Morgantown City Council Special 3 Meeting, Council Chambers, December 9th, 2014, at 4 5:30 p.m. Clerk, if you’d please call the roll. 5 THE CLERK: Ron Bane? 6 MR. BANE: Here. 7 THE CLERK: Bill Kawecki? 8 MR. KAWECKI: Here. 9 THE CLERK: Wes Nugent? 10 MR. NUGENT: Here. 11 THE CLERK: Marti Shamberger? 12 MS. SHAMBERGER: Here. 13 THE CLERK: Mike Fike? 14 MR. FIKE: Here. 15 THE CLERK: Nancy Ganz? 16 MS. GANZ: Here. 17 THE CLERK: Mayor Selin? 18 MAYOR SELIN: Here. And for this type of 19 meeting, we’re not doing the normal protocol. We 20 just go right into business, is that correct? 21 THE CLERK: Yes. 22 MAYOR SELIN: All right. So, we have some 23 unfinished business. This is an interview for the 24 Board of Zoning Appeals to fill one vacancy. We have  3 1 three candidates here this evening, and the first one 2 who we’ll be interviewing is Linda Herbst, and so if 3 Linda would please come forward, and if Chuck Coole 4 and Julie Cryser would -- 5 UNIDENTIFIED MALE VOICE: (Inaudible) 6 MAYOR SELIN: Right, she’s not quite here yet -- 7 but anyway, anyone who’s not being interviewed, if 8 they would wait in the hall. 9 MR. MIKORSKI: That’s (inaudible). 10 MAYOR SELIN: Yes. I’m not asking you to leave. 11 I know who Julie Cryser is. You can be here. 12 UNIDENTIFIED FEMALE VOICE: I wasn’t sure 13 (inaudible). 14 MAYOR SELIN: Yes, you can be here. No -- and I 15 know that you’re not Julie Cryser. I just was -- 16 just looking in the audience part. 17 So, we’re here to interview for this position, 18 and generally what we do is give you a few minutes to 19 tell us about yourself relative to this position, and 20 then we’ll go around and if people have questions, 21 they’ll ask you questions about things. 22 MS. HERBST: Okay, for those of you -- 23 MAYOR SELIN: Welcome. 24 MS. HERBST: -- who don’t know me, I’m Linda  4 1 Herbst. Of course, I know everybody, and I’m 2 interested in staying active in the City. I’ve been 3 here for a long time, and I feel I have a vested 4 interest in the City. I’ve been here for 30 years 5 now, and looking at the different boards and 6 commissions which I feel that I am qualified for, and 7 this one I feel that I am. 8 I’ve worked in government, both cities and 9 federal. I know how to read regulations. I know how 10 to read a packet, definitely. I’ve got a lot of 11 experience in that. 12 Business owner -- I have experience in business. 13 I feel strongly about the neighborhood, which is very 14 important in this issue, and I feel that my 15 background would lend itself very well to this 16 particular board. 17 MAYOR SELIN: Wonderful. So, we can just sort 18 of go around the room and if people have questions 19 that they’d like to ask this candidate -- and 20 generally, what we try to do is have individual 21 council persons ask the same question of the same 22 candidates as much as possible. 23 MR. BANE: I just have two questions, Linda. 24 So, how did you find out about this position?  5 1 MS. HERBST: I had heard -- I -- actually, I 2 talked to Linda and I asked if there was any 3 positions coming open, and then she said it had to be 4 re-advertised. 5 MR. BANE: So, you called the Clerk, OK. Then 6 the second question I have, just give us a summary of 7 -- in the past, how many boards and commissions have 8 you interviewed with? Can you give us kind of a 9 snapshot of that? 10 MS. HERBST: Well, I’ve done the Parking 11 Authority. I’ve been on the Historic Landmark. I’m 12 -- I’ve been on religious boards. I’m currently on 13 the Board of Empty Bowls, which is a very active 14 board in the community. I think that’s it. 15 MR. BANE: Anything recently -- 16 MS. HERBST: Oh, I’m also on the -- right now, 17 I’m on the Rental Housing Advisory. 18 MR. BANE: OK. 19 MS. HERBST: I’ve been very active with them for 20 a few years now. 21 MAYOR SELIN: That’s good. 22 MR. BANE: And then, have you recently 23 interviewed with anything or anybody? I mean -- 24 MS. HERBST: No.  6 1 MR. BANE: How many times have you come in front 2 of us for interviews? 3 MS. HERBST: No, nothing in the City, other than 4 the last time I was in front of you all. 5 MS. GANZ: That would be BOPARC. Didn’t you 6 interview for -- 7 MS. HERBST: (Inaudible.) 8 MS. GANZ: Didn’t you interview for another 9 board? I’m not trying to interrupt. I thought we -- 10 you did interview, but OK. 11 MR. BANE: Yeah, I was just wondering. I know 12 that you interviewed for some -- I just couldn’t 13 remember. 14 MS. HERBST: Well, I know I did, but offhand I’m 15 not remembering either. 16 MR. BANE: Yeah. 17 MS. HERBST: I think this is the third time I’m 18 interviewing for a position -- 19 MR. BANE: So this -- 20 MS. HERBST: -- a City position, since I’m no 21 longer on City Council. 22 MR. BANE: OK. So -- I just couldn’t remember 23 which ones. OK, thank you. That’s all I’ve got. 24 MAYOR SELIN: If you want to keep going, and you  7 1 have a question, that’d be great. 2 MR. KAWECKI: Thanks for your persistence. I 3 really appreciate that, and I appreciate what you’ve 4 done, and I served with you on the Housing Advisory 5 Board, and I’m very happy that you’re continuing with 6 that, and I look forward to that activity. 7 I -- I know you, so I mean, I feel fortunate in 8 that I -- I should ask you a question just that I 9 will ask the other people. 10 Tell me what you think about the BZA, and what 11 the function of the BZA is. 12 MS. HERBST: Well, from my understanding of the 13 BZA, it’s -- it’s the opportunity for -- if people in 14 the community want to do something that’s a little 15 bit different than what our laws allow, like a 16 conditional use for doing -- maybe building on the 17 property -- if I wanted to put a 10-foot fence around 18 my yard, I’d have to come before BZA. 19 Variances, activities that are contradictory, or 20 not quite spelled out in the laws, that business 21 people may come before BZA to get approval to do 22 something like that, or even running a small -- 23 people who want to run a business from their homes 24 have to come before BZA for approval.  8 1 MR. KAWECKI: OK. 2 MS. HERBST: And then I understand there’s also 3 administrative, if somebody has a problem with what’s 4 been decided here at City Hall, then they have the 5 option of going before BZA for an administrative 6 decision. 7 MR. KAWECKI: OK. What -- tell me why it is 8 you want to take this on. I mean, it could be a real 9 -- I mean, I know we don’t want to discourage people 10 from applying (laughter) -- but it can be contentious 11 at times. 12 MAYOR SELIN: We want you to do this. 13 MR. KAWECKI: Why -- why would you want to take 14 this on? 15 MS. HERBST: Well, I’m always looking for a 16 challenge. This definitely would be a challenge. 17 MR. KAWECKI: All right, good enough. I’ll let 18 you -- I’ll let it go at that, thank you. 19 MR. NUGENT: Councilor Kawecki, you actually 20 asked one of the questions that I was interested in. 21 So, I appreciate you providing your understanding of 22 what the Board of Zoning Appeals does, because it is 23 a really important board within our city that helps 24 keep our city moving with regards to development.  9 1 Kind of a related question that speaks to, I 2 believe, the importance of the board -- if you would 3 want to -- I guess my question -- what it ultimately 4 gets to is, how many other activities -- non-profit, 5 civic organizations -- are you participating in, and 6 do you feel that you would have adequate amount of 7 time to read packets of information that average 8 often between 60 and up to 600 pages of information 9 each month, as well as the time to -- that’s required 10 to go around the city and visit the sites to look at 11 the issues in person? 12 MS. HERBST: Well, I don’t -- I don’t see a 13 problem with that. Maybe if it gets to be 600 pages, 14 it might be a real challenge to read that, but having 15 worked with government paperwork for years, I can -- 16 if I don’t read every word, I know how to look 17 through it and become familiar with the information. 18 And as far as traveling around the City, the 19 City’s not that big. I mean, I know that some nights 20 there’s going to be a late -- it might be late, but I 21 don’t see a problem visiting job sites to get an 22 understanding of what’s going on. 23 MR. NUGENT: Thank you. 24 MAYOR SELIN: Deputy Mayor Shamberger?  10 1 MS. SHAMBERGER: First, I’d like to say thank 2 you for applying. We always appreciate volunteers on 3 all of our boards, and as you probably know, the BZA 4 is a judicial board, and it’s -- it’s -- the state 5 sets up the regulations for that board, the City 6 doesn’t. 7 Have you ever come before the BZA? Have you 8 ever experienced that? 9 MS. HERBST: No. 10 MS. SHAMBERGER: OK, thank you. 11 MS. HERBST: (Inaudible) 12 MAYOR SELIN: Councilor Fike? 13 MR. FIKE: I, too, want to thank you for 14 applying, and for your continued interest in serving 15 the City. 16 My question is -- kind of branches out a little 17 bit from what the BZA actually does, although what 18 the BZA does is, as Councilor Nugent pointed out, it 19 -- it’s very integral and involved in the development 20 of the City, and making sure that that development 21 follows proper procedure. 22 Do you think -- and this is just an opinion 23 question -- but do you think that the BZA, as it 24 reflects the interpretation of City building code and  11 1 development -- do you think we’re on the right track 2 for development in our City? 3 (Laughter.) 4 MR. FIKE: (Inaudible) opinion. 5 MS. HERBST: I’m not running for political 6 office. 7 MAYOR SELIN: (Inaudible) question. (Laughter.) 8 MS. HERBST: We have a lot of problems in the 9 City and -- as far as the development goes -- and we 10 know that sometimes our -- we have no control over 11 certain things that are going on in the City -- on in 12 the City right now, and it’s very difficult, and it’s 13 causing a lot of problems in the City. 14 How we’re going, there’s a lot of organizations 15 who put into that. You know, we have the long range 16 plans, the short range goals. It’s not just the BZA, 17 but it’s these other committee groups that come up 18 with those, and I think that we have to take a closer 19 look at some of our -- I should back up a little bit. 20 In the City, I think we’re doing all right. 21 We’re running into a problem with the surrounding 22 areas that we have no control over. I mean, the 23 massive growth, and we all know that it’s occurring. 24 Last night, I couldn’t even get into town. I needed  12 1 to come downtown for something at six -- I couldn’t 2 get out of my neighborhood. Traffic was backed up 3 all over the place, and that’s not -- it’s a problem 4 that we’re suffering from, created outside the City. 5 MR. FIKE: Thank you. 6 MAYOR SELIN: Thank you. Councilor Ganz? 7 MS. GANZ: I, too, thank you for your continued 8 efforts and so forth, and I do want to point out that 9 you were also very active as a City Council person, 10 and so you have experience from that, and I thank you 11 for continuing to volunteer even after that -- but I 12 was wondering if -- and this is the same question I’m 13 asking everybody -- are you involved in any integral 14 or are you involved in any investments or related to 15 anything that may come before the BZA that you can 16 see in your future? 17 MS. HERBST: Let me say that that could happen. 18 I’m not -- 19 MS. GANZ: I mean, I don’t know -- 20 MS. HERBST: -- personally in relationship with 21 it, but you all know my son’s a businessman in town, 22 and if I feel, and the Board feels that it would be a 23 conflict of interest, I would recuse myself for that 24 particular situation.  13 1 MS. GANZ: Thank you. 2 MS. HERBST: I -- I think I can recognize where 3 there may be a problem, or perceived conflicts of 4 interest, too. 5 MAYOR SELIN: And also noting that several 6 people who are on this particular group, that that’s 7 a desirable trait, that somebody would be involved 8 with development being on the BZA, so. 9 I think that we’ve -- I think we’ve covered 10 nicely. I’m wondering if anybody has any kind of 11 other questions, or if you have any kind of follow-up 12 that you wanted to -- you know, maybe two minutes of 13 wrap-up, if you had any other comments and otherwise. 14 MS. HERBST: No, I just felt that I wanted to 15 continue doing some work for the City, and this was - 16 - this was a challenge. Got to keep the old brain 17 matter working, so. I don’t think there’s anything 18 else. 19 MAYOR SELIN: Thank you very much. 20 MS. HERBST: All right, thank you all. 21 MAYOR SELIN: Oh, and we have a second matter on 22 this agenda, and then we have an executive session, 23 so I’m not certain when we will announce this, but we 24 will -- we will let you know. We’ll announce it  14 1 coming out of our executive session, presumably. 2 THE CLERK: Or at the next regular meeting. 3 MAYOR SELIN: Or at the next regular -- the next 4 meeting. 5 THE CLERK: Good. 6 MAYOR SELIN: Why don’t we announce it at the 7 next regular meeting, because I think people 8 (inaudible). 9 UNIDENTIFIED VOICE: You want me to send him in? 10 UNIDENTIFIED VOICE: Yes, please. 11 MAYOR SELIN: Thank you. If you’d send in Chuck 12 Coole. If you would just come and have a seat right 13 here. So, as you can see, these are the members of 14 City Council, and they’ll each maybe have a question 15 for you. 16 MR. COOLE: OK. 17 MAYOR SELIN: So, how we start off is, usually 18 you just say briefly a little bit about yourself 19 relative to the BZA and kind of how you think you 20 could contribute to it or what makes you a great 21 candidate for doing this type of position. 22 MR. COOLE: OK, yeah. I just recently built a 23 house here in town, and understand the importance of 24 zoning -- and it’s an interest of mine. I’ve  15 1 participated in the past in other projects in the 2 City when -- I didn’t live in the City at the time -- 3 and some volunteer work, in White Park and Marilla, 4 so -- but -- and in the process of building my house, 5 I had to go through the permitting process. 6 And then after the house was built, I got a 7 Certificate of Occupancy, and then some additional 8 work that I wanted to do -- a fence, that was another 9 permitting process -- and rather than look at it as a 10 burden, I understand the need for it, and when this - 11 - I saw this opportunity, I said, well, you know, 12 I’ll express an interest in it, so -- and you know, 13 just -- you know, I’ve volunteered over the years in 14 several of -- in several projects, and so I 15 understand the importance of volunteer work. 16 And then for several years, I was on a homeowner 17 association board in Westbrook Heights, and I’ve 18 since moved away, but -- the development at the time 19 was relatively new, and we had some sort of gaps in - 20 - not zoning, I guess, but sort of regulation, and we 21 didn’t -- the one was we didn’t really have a storm 22 water -- a good storm water drainage plan, and some 23 of the homeowners wanted to cover up their ditches, 24 because of the way the lots are shaped, you’d have a  16 1 ditch and a road, and a ditch and a road, and they 2 wanted to, you know, cover up the ditch out to the -- 3 out to the road and make it look nice -- which is 4 fine, except that -- except they -- there was no 5 hydrology design. So, you’re downstream and you put 6 a 12-inch culvert where it needs a 24 -- so we went 7 through that process. 8 We hired a hydrologist, we went through the 9 design -- you know, developed the design criteria for 10 all locations where drop structures needed to be, and 11 the size -- culvert size and that kind of stuff. 12 So, I’ve -- I’m familiar with the reasoning 13 behind regulations and rules. You know, even though 14 people don’t like them, there’s a reason for them, 15 you know. Anarchy is not the best -- the best way to 16 go, so. That’s kind of -- 17 MAYOR SELIN: That’s, of course, what we say in 18 the City. 19 MR. COOLE: Yeah (laughing). 20 MAYOR SELIN: So -- 21 MR. COOLE: So, that’s -- that’s kind of some 22 background. 23 MAYOR SELIN: Wonderful. So, we’ve been 24 starting with Councilor Bane, and if you would ask  17 1 the applicant -- 2 MR. BANE: Yeah, I’m going to ask you the same 3 questions I asked Linda earlier. So, you said you 4 found out -- you had an interest in this. How did 5 you find out, exactly, about the position? 6 MR. COOLE: I -- you know, I think I looked on 7 the website. I think I was -- I was also habitats -- 8 habitat -- I’ve got some time now, so I’ve got, you 9 know -- I think it was on the website. I’m pretty 10 sure it was on the City website, yeah, yeah. 11 MR. BANE: Just interested because I -- 12 MR. COOLE: Yeah. 13 MR. BANE: It’s interesting how some people find 14 out about -- 15 MR. COOLE: Yeah, I’ve got some time now, so. 16 MR. BANE: Yeah, right. 17 MR. COOLE: You know, and I back -- back, you 18 know, like I said, in my -- 19 MR. BANE: Yeah. Then you touched on -- you’ve 20 been on some other boards and commissions. Have you 21 ever been interviewed like this with anything around 22 here, with the county or -- 23 MR. COOLE: No. Well, actually, I was on the 24 Chestnut Ridge Park Board for a few years, too, and  18 1 then I took a job outside the area. And that was an 2 interview process with the County Commission. I had 3 forgotten about that. 4 MR. BANE: Yeah, OK. Anything right now that 5 you’re on, besides -- 6 MR. COOLE: No, no. 7 MR. BANE: You’re not on any -- that’s all my 8 questions. 9 MR. KAWECKI: Well, thank you, first of all, 10 for your willingness to do this. I’m trying to get 11 acquainted with your background, and I see that 12 you’re working at WVU? 13 MR. COOLE: Yes, I work for -- technically, I 14 work for the Research Corporation, year-to-year grant 15 money, so. 16 MR. KAWECKI: OK. You -- I was looking, 17 because as I heard you refer to hydrology and all the 18 rest of this -- I was wondering what credentials -- I 19 was wondering whether we’re talking to an engineer. 20 MR. COOLE: Mostly life experience (laughter). 21 MR. KAWECKI: OK. Regardless of that, the 22 question I asked before is, the BZA can be at times 23 contentious. 24 MR. COOLE: Yeah, I -- I know.  19 1 MR. KAWECKI: You’re aware of that? 2 MR. COOLE: Yeah. 3 MR. KAWECKI: OK. 4 MAYOR SELIN: (Laughter) he’s smiling. 5 MR. COOLE: Yeah. 6 MR. KAWECKI: Tell me why it is that you’re 7 willing -- you’re willing to take it on. 8 MR. COOLE: Well, I understand the need for a 9 plan -- a process -- a plan or regulations or the 10 need for people to comply with, you know, certain 11 regulations. I mean, you know, zoning -- R1 versus 12 R1a versus Commercial, what you can do in those 13 situations. 14 If you buy a piece of property, and it’s an R1 15 piece of property, and somebody wants to, you know, 16 ask for a variance of some sort that, you know, it 17 kind of -- R1a or commercial right up against you, 18 you know -- I mean, I understand that need for having 19 some regulations, you know, because you invest money 20 in a piece of property, and you don’t want somebody 21 next door to you doing basically anything they want. 22 MR. KAWECKI: Bear with me, it’s a little off 23 here, and I didn’t ask Linda this questions, but I 24 know Linda, but I know Linda, so -- I knew a lot of  20 1 the background of this -- but tell me what your 2 feeling is about property rights. How do you feel 3 about property rights? 4 MR. COOLE: Well, you own the piece of property, 5 but if you’re upstream -- I mean, if you’re -- I 6 mean, I think you have to be conscientious about, you 7 know, what you can do and what you can’t do -- or 8 what you -- what you should do, yeah. I mean, I 9 understand owning a piece of property gives you some 10 rights, but then you -- it doesn’t give you unlimited 11 rights. You have to live -- you have to be a good 12 neighbor. That’s -- that’s the -- I mean, that’s the 13 basic thing, is the -- is being a good neighbor -- a 14 conscientious neighbor. 15 MR. KAWECKI: Thank you (inaudible). 16 MR. NUGENT: Yes, I’ll ask the same question I 17 asked the previous candidate, and thank you again for 18 your willingness to apply and be interviewed this 19 evening. 20 You kind of hinted a little bit at this, but 21 I’ll flesh it out a little bit more. The BZA, often 22 the information that’s received every month, the 23 packet of information that you’re going to be asked 24 to review, it could average between 60 and 600 pages  21 1 in some instances. With the additional requirement 2 that you need to go around and visit the sites to 3 actually have an understanding of what’s -- what’s on 4 the ground. 5 What else are you involved with, as far as non- 6 profits, civic organizations, and do you feel that 7 you would have the time to adequately devote to 8 conducting that in a thorough process? 9 MR. COOLE: I’m not involved, other than work. 10 I work 32 hours a week, four days a week, and I’m not 11 involved in any other non-profit or any other 12 projects, other than, you know, work and that’s it. 13 MR. NUGENT: OK, thank you. 14 MR. COOLE: And hobbies. 15 MAYOR SELIN: Deputy Mayor Shamberger? 16 MS. SHAMBERGER: Sure. First of all, thank you 17 so much for applying. We always appreciate our 18 volunteers. As you may know, the BZA is a judicial 19 board, as opposed to an advisory board, and I just 20 wondered -- I’m not sure from what you’ve told us, 21 but have you ever gone to the BZA? Have you ever 22 gone through a process for a variance or conditional 23 use or -- 24 MR. COOLE: Actually, I have, with the house I  22 1 built, yes, because where I live -- I live in West 2 Fairview -- and on Spring Street, there are no 3 sidewalks, and the nearest sidewalk is out on 4 Willowdale Road, and Hoffman Street doesn’t have 5 sidewalks, Randolph Road there’s -- 6 MS. SHAMBERGER: Mm-hmm. 7 MR. COOLE: I mean, there’s no sidewalks nearby, 8 and so in order to build a house, I mean, one of the 9 requirements are sidewalks, but there’s no point in 10 sidewalks where I’m at. I had to pave the area in 11 front of the house where the sidewalk would be, but I 12 asked for a variance on the sidewalk, and got that. 13 MS. SHAMBERGER: OK, thank you. 14 MR. COOLE: So, I went through that process. 15 MS. SHAMBERGER: Thank you very much. 16 MR. FIKE: My question is one of opinion, more 17 than just fact, but -- if you feel comfortable 18 answering it -- but as you know, the BZA is part of 19 that larger arm of the City that controls development 20 and makes sure that we keep an accurate record of 21 what’s going on and making sure that people comply 22 with building code and ordinances and that sort of 23 thing. 24 My opinion question to ask you is, do you think  23 1 our city is headed in the right direction, as far as 2 what we’re doing for positive development? 3 MR. COOLE: I -- I mean, for the most part, the 4 City is a very well-run city. There’s, you know -- I 5 mean, there’s a lot -- because of the way the 6 political structure is, between the City, the County 7 and the State, and State control over certain areas - 8 - I mean, traffic is an issue. Everybody knows that. 9 But the City of Morgantown is a pretty well-run city, 10 I think. I mean, you look -- and then MUB is -- you 11 look at utility -- water, sewage, storm water 12 faucets, in some areas around the -- in the 13 surrounding areas, and our utility bills are pretty 14 reasonable. So, in general, yeah, the City’s pretty 15 well-run. 16 MR. KAWECKI: All right, and thank you for 17 applying. 18 MR. COOLE: (Inaudible) 19 MAYOR SELIN: Councilor Ganz? 20 MS. GANZ: Well, I also thank you, and I think 21 you’ve answered my question, but I need to ask the 22 same question. Do you perceive any conflict of 23 interest in your participation, in other words, with 24 your investments or any family members’ investments,  24 1 or -- 2 MR. COOLE: No, I can’t -- there wouldn’t be any 3 conflict of interest. I don’t own any other property 4 in the City. 5 MS. GANZ: Mm-hmm. 6 MR. COOLE: I have no investments. 7 MS. GANZ: Other than your home, I know -- 8 MR. COOLE: Yeah, exactly. Other than what I 9 own now. 10 MS. GANZ: But -- and then the -- 11 MR. COOLE: There wouldn’t be any conflict of 12 interest. 13 MS. GANZ: Not that it’s a bad thing to have 14 other investments in the City or anything like that, 15 it’s just that -- 16 MR. COOLE: Yeah. 17 MS. GANZ: -- it’s just that it’s a -- just a 18 question to ask, with perceptions. 19 MR. COOLE: Right. 20 MS. GANZ: Thank you. 21 MAYOR SELIN: So, these are all the questions 22 that you’ll be asked, and then if you just had 23 anything else that you wanted to add, you sort of 24 have two minutes that you could wrap up any of your -  25 1 - any additional thoughts or comments. 2 MR. COOLE: Well, other than, you know, my 3 initial statement of being interested and sort of 4 understanding the process, because I’ve been through 5 it several times, and I’m willing to serve on the BZA 6 if, you know, that’s the decision. So, other than 7 that, no, I can’t think of anything else. 8 MAYOR SELIN: We appreciate your interest, and 9 being willing to volunteer. We usually say to 10 everyone that if perhaps -- if it didn’t happen that 11 you or if it didn’t happen for Linda that you’re 12 selected -- that you’re encouraged to apply for 13 another board or commission, so. 14 MR. COOLE: OK, thanks. 15 MAYOR SELIN: Thank you very much. 16 MR. COOLE: You’re welcome. 17 MAYOR SELIN: And if Julie Cryser’s out there, 18 you can send her in. 19 MR. COOLE: OK. 20 MS. GANZ: I was thinking the same thing, and I 21 was going to ask you -- can I turn it up? I am 22 freezing. 23 MS. CRYSER: Hello. 24 MAYOR SELIN: Welcome, if you would sit down  26 1 here in the front, and we try to do these all 2 similarly. So, the first thing is, you would just 3 have a few minutes that you could tell us a little 4 bit about yourself, particularly relative to the 5 Board of Zoning Appeals, and anything that you’d like 6 for us to know with respect to this position. 7 MS. CRYSER: My name’s Julie Cryser. I’m in the 8 Seventh Ward. I work for the WVU Davis College of 9 Ag, Natural Resources and Design. I have been a 10 Development Officer there, fund-raising, but with the 11 University since 2001. I served on the Planning 12 Commission for the City in 2006. I had to leave when 13 I had my baby, so -- she’s not a baby any more. I 14 would like to volunteer and get back into working 15 with the City again. 16 I have -- am familiar with zoning on a number of 17 fronts. I’ve been part of the Suncrest Neighborhood 18 Association over the years. We’ve had zoning issues 19 in our area, as you guys know. And I thought this 20 would be a good opportunity to take some of my 21 strengths, which I think are attention to detail and 22 being able to strategize and take a look at issues on 23 a broader scope and narrow them down. 24 I’ve spent probably -- well, about -- I was 15  27 1 years trained as a journalist, so I’m able to take 2 information, even information that I’m not familiar 3 with, and learn pretty quickly, and then take that 4 information and boil it down and assess it. 5 So, I think those are some of the strengths that 6 I bring to the position, and I would like to get more 7 involved. 8 MAYOR SELIN: Great. So, we’re just going to go 9 around the room, and people will ask the same or very 10 similar questions to the previous applicants. So, if 11 Councilor Bane would like to begin? 12 MR. BANE: OK. I just have two questions. The 13 first one is, how did you find out about this 14 position? Did you -- what means did you find out 15 about it? 16 MS. CRYSER: Initially, I was actually looking 17 at being on the -- I forget the name -- the City 18 Beautification Committee -- 19 UNIDENTIFIED VOICE: Urban -- 20 MS. CRYSER: Urban Landscaping, because one of 21 the familiarities that I have with working in the 22 Davis College is that I work with the landscape 23 division of our college as well. So, I’d initially 24 looked at that, but then I thought that this would  28 1 play more to my strengths. And I talked to Nancy 2 Ganz about what was open, and she said this was one 3 of the open positions -- or one of the open volunteer 4 positions, so I -- I thought that it might be more 5 interesting. 6 MR. BANE: OK, and then my second question -- 7 you touched on it a little bit -- you were on the 8 Planning Commission. Is there anything else that 9 you’ve been on besides -- something with the County 10 or anything else? Any other boards you’ve been on 11 recently? 12 MS. SHAMBERGER: No, the only one -- I was on 13 the Planning Commission and I served as Secretary for 14 the Suncrest Neighborhood Association for awhile. 15 MR. BANE: OK, that’s all I’ve got. Thanks. 16 MR. KAWECKI: The question I have for you is, 17 why would you want to serve on the BZA? That can be 18 kind of a contentious (inaudible). Why do you want 19 to do that? 20 MS. CRYSER: Yeah, contention doesn’t really 21 bother me much. I -- I think it’s an important 22 position. I think that the City is growing 23 tremendously, and I think that there has been 24 questions in the past about consistency in how -- how  29 1 zoning rules are applied, who gets what rule, and I 2 think that I bring an outside view that -- you know, 3 I haven’t served on many of the boards in the City. 4 I don’t have a lot of connections to many of the 5 players, except for WVU -- which is always one of 6 the, of course, major players in the City but -- so I 7 think that being able to come in from the outside, 8 and being able to take a look at the rules and 9 regulations and see whether or not, you know, someone 10 should be given a waiver or a -- you know, if the 11 laws change in any way, or allow someone to build 12 where -- or to divide up a piece of property that was 13 not allowed to be divided up, or whatever. 14 I think that that would -- I would be able to 15 look at that in a different way than somebody who’s 16 had a lot of experience with the City. And I’ve been 17 on the Planning Commission, so I know a little bit 18 about zoning and planning in the City. 19 MR. KAWECKI: Very good. Just quickly -- and I 20 asked this of the previous person also -- how do you 21 -- what’s your feeling on individual property rights? 22 MS. CRYSER: I think individual property rights 23 are very important. I think that the -- the rules 24 and the regulations that the City set forth were set  30 1 forth to protect landowners and property owners in 2 the City, and I think that if you are a property 3 owner, and the City doesn’t ensure that the letter of 4 the law to protect your land as a taxpayer in the 5 City, if that -- if the City doesn’t do that job, 6 then it’s not doing it’s job and -- you know, in the 7 past, I’ve had issues in my area of Suncrest where 8 we’ve had, you know, people trying to re-zone, and 9 the City has pretty much followed the letter of the 10 law, and it came out to protect the landowners, the 11 property owners, in that district. And some people 12 weren’t very happy about it, but other people were, 13 but I think the people who are sitting in that -- you 14 know, when you buy your house, when you buy your 15 piece of property, and it’s zoned in a certain way, 16 and that -- I think that should be protected. 17 MR. KAWECKI: Thank you. 18 MR. NUGENT: Thank you for taking the time to 19 apply, and we appreciate you taking the time to be 20 interviewed with us this evening. 21 My question is, given the breadth of information 22 that the Board of Zoning Appeals reviews each month, 23 and those packets can average between oftentimes 60 24 and 600 pages, as well as the additional requirement  31 1 to go around the visit the sites in an attempt to 2 understand the actual lay of the land and the issue 3 and the context of that. 4 Do you feel that you have time, given whatever 5 other maybe organizations you might be participating 6 in this -- at this point -- to adequately devote to 7 preparing for those meetings? 8 MS. CRYSER: Yes. 9 MR. NUGENT: Thank you. 10 MAYOR SELIN: Thanks. Deputy Mayor Shamberger? 11 MS. SHAMBERGER: Thank you so much for applying, 12 number one. As you probably know, the BZA is a 13 judicial board, as opposed to our other boards and 14 commissions, which are advisory. I think you might 15 have touched on it a little bit, but have you 16 personally gone through the BZA process? 17 MS. CRYSER: I’ve never had to get through to 18 the BZA process. I have been involved in the 19 Planning Commission as far as zoning issues, but it’s 20 never gone as far as the BZA. 21 MS. SHAMBERGER: Thank you very much. 22 MR. FIKE: I get to ask you an opinion question. 23 You’ve already -- well, first of all, let me thank 24 you for applying, too, and I also want to thank you  32 1 for submitting your résumé with your accomplishments 2 and your education. That’s got a lot of good 3 information in it. 4 You’ve already explained, in response to several 5 questions, the importance -- how -- what you think is 6 important in planning, and the fact that the City 7 needs to have proper planning. 8 The BZA, of course, part of the City planning 9 process, as it monitors and coordinates the 10 application of City building code and that sort of 11 thing, In your opinion, if you choose to answer 12 this, do you think our city is headed in the right 13 direction, to foster positive development within the 14 City? 15 MS. CRYSER: I think that the City can 16 potentially do more. While I believe that property 17 owners are -- you know, that it’s very important to 18 protect property rights. I also believe that the 19 City -- it took me about 35 minutes to get across 20 town. I could have either come over here or gone to 21 Fairmont. 22 There are a lot of issues in the City with how 23 we plan, and I think that in order to sustain the 24 growth, with the University trying to achieve 40,000  33 1 student population, with the -- you know, what the 2 City, I think, aspires to be, we have to look more 3 forward, and we have to do that in a more unified 4 way. 5 In order to achieve growth, we have to think a 6 little outside the box, and also try to get some 7 consensus and -- you know, I’d love to say I know how 8 to do all those things, and I don’t -- but I think 9 that the City, in order to grow, has to change. 10 There has to be a better planning system for the 11 City, and there has to be a longer -- there has to be 12 a more effective planning system for the City, 13 because we have this growth, we know that this 14 growth’s coming, the University is only growing. 15 You know, we have some if the lowest 16 unemployment -- this is an area of the state that 17 people want to be in, and we don’t want to end up 18 pushing everybody out into bedroom communities. And 19 we want to be able to have businesses, and people 20 within the City, and make sure all of that can thrive 21 and live together cooperatively, And I think that -- 22 that’s the direction the City has to move. 23 MR. KAWECKI: Thank you. 24 MAYOR SELIN: Thank you. Councilor Ganz?  34 1 MS. GANZ: I actually (inaudible). I appreciate 2 your application, and so forth, and with all your 3 business, you know, with your children, that you 4 would be willing to take the time to go over these 5 70-page packets, but I am asking the same question of 6 everyone. So, do you think there’s any real or 7 perceived conflict of interest with your 8 participation -- I know you work for WVU -- or I 9 don’t know anything about your family and business or 10 anything like that -- is there any conflict of 11 interest you can see in this? 12 MS. CRYSER: I think probably if there -- the 13 only conflict may be pertaining to WVU, but I’ve 14 asked Ron Bane what the -- if there was anything that 15 I’d have to sign or do as far as WVU, and he said no. 16 So, -- 17 UNIDENTIFIED MALE VOICE: (Inaudible) 18 MS. CRYSER: Yeah -- or not Ron -- Ron -- 19 MAYOR SELIN: Ron Justice. 20 MS. CRYSER: -- Justice, sorry. 21 MAYOR SELIN: The other -- the other Ron. 22 MR. BANE: The other Ron. 23 MS. CRYSER: The other Ron, so -- and as far as 24 family, I’m the only -- our family is the first  35 1 family in Morgantown, so I have no connection to 2 Morgantown at all, except for working for the 3 University and the friends and the people that I’ve, 4 you know, met in the City, so. 5 MS. GANZ: Thank you for going -- 6 MS. CRYSER: I don’t bring a lot of baggage 7 (laughter). 8 MS. GANZ: Oh, good, because (inaudible) meeting 9 with the other Ron, too, about this. Thank you. 10 MAYOR SELIN: So, that concludes the questions, 11 and then there would just be maybe two or three 12 minutes, if you had any other -- any other wrap-up 13 comments that you wanted to offer to us -- and I 14 didn’t offer this to the others, but if you have any 15 questions, you have two or three minutes left that 16 you can do with as you like. 17 MS. CRYSER: Well, I just wanted to say thank 18 you for the opportunity to apply for the position, 19 and that I think it would be very exciting to be a 20 part of it. I know it can be contentious, but I 21 think that if you want to be a part of moving the 22 conversation forward, and you want to be a part of 23 moving things forward in the City, then you have to 24 be willing to take a little heat occasionally. But  36 1 you know, I think it’s a chance to be a part of 2 something that could help the City, so I think that’s 3 about it. 4 MAYOR SELIN: Perfect, thank you. 5 MS. SHAMBERGER: Thank you. 6 MS. CRYSER: Thank you. 7 MS. GANZ: By the way, did you tell -- we don’t 8 know -- when are they going to find out the answer? 9 MAYOR SELIN: Well, our choices are either later 10 on this evening or at the next meeting, but I think 11 it would be easier and more appropriate to announce 12 it at the next meeting. 13 MS. CRYSER: Thank you very much. 14 MAYOR SELIN: Thank you. 15 THE CLERK: Thank you. 16 MAYOR SELIN: So, we’re going to work on our 17 ordinance, rather than the executive session, and 18 then the executive session will be later. 19 THE CLERK: (Inaudible.) 20 MAYOR SELIN: Pardon me? 21 THE CLERK: (Inaudible.) 22 MAYOR SELIN: Pardon me, unfinished business. 23 So, what we’re doing now is consideration of 24 approval of the first reading of an ordinance  37 1 amending Sections 103.02 and 103.03 of Morgantown 2 City Code, as the same applies to ward and boundaries 3 within -- to ward boundaries, pardon, in the City of 4 Morgantown. And so, I’m just going to take one 5 minute -- so -- pardon? 6 (Inaudible.) 7 So, I wanted to just make sort of some 8 introductory comments, just to kind of get us all 9 perhaps on the same page. So, I’d like to recognize 10 that the Ward and Boundary Commission and City staff 11 have spent a lot of time putting this report 12 together, and all of the different options and 13 numbers that have been provided to us, and that the 14 wards and -- the boundaries and the annexations, 15 particularly -- so, it’s kind of the outer boundaries 16 of the City -- had not been updated in our 17 descriptions and maps reportedly since 1989, and that 18 I really appreciate the work of particularly Damien 19 Davis, the Ward and Boundary Commission, and our 20 Clerk, and that -- that it’s our intent -- and I 21 think this is something that we had all agreed on at 22 various points, and you all can agree with me or not, 23 that it’s out intent this evening to rectify that 24 situation, to make sure that we do a good job of  38 1 making sure that the outer boundaries and all of the 2 annexations over time are properly included. 3 I think another point that we might agree on or 4 not agree on, is that we’re recognizing that our 5 Charter has short time lines at the end of the Ward 6 and Boundaries process, and that that has made it 7 difficult and necessitated special meetings, and that 8 even in the best of circumstances, there would need 9 to be special meetings, and that at some point in the 10 near future, that that should be addressed, so that 11 we didn’t end up with special meetings and with short 12 time lines, and that would be -- make it a lot easier 13 on staff, and that would make it easier on the Ward 14 and Boundaries Commission, and also on Council and 15 maybe improve our results. 16 I also just wanted to take note of the fact that 17 we’ve had several different sets of data and frequent 18 updates, and then that’s been part of the process 19 because of looking at election data, and that that 20 has just been something that is -- has been a fact of 21 life -- and that another thing that just, I think, is 22 important to note is that there was, at some point in 23 the Ward and Boundary process, something that had to 24 do with the Fifth Ward that was approved but then  39 1 didn’t make it into the report, and so, as we’re 2 going around this evening, I just wanted to make sure 3 that we check with different Council people and make 4 sure that their ward, whatever their concerned about, 5 is taken into account so that the end product that we 6 put out is the best that we can, under the 7 circumstances. 8 So, is there anything that you wanted to -- 9 MR. MIKORSKI: Just that the ordinance that was 10 put at your desk is a version that has a few minor 11 changes from the packet. That includes minor 12 changes, including the parcel number instead of the 13 landmark location of the Flatts School, and the other 14 change would be, where it used to say Bureau of Mines 15 property, it now says Bureau of Mines NETL property, 16 and there’s a few minor spelling corrections within 17 the -- the street names. 18 That is the only change that is in this version 19 that’s at your desk, from the packet. 20 MS. SHAMBERGER: I didn’t get that. 21 MR. FIKE: I don’t believe Marti got a copy. 22 MAYOR SELIN: It’s OK, as long as she has it 23 now. 24 MR. FIKE: Those two were waiving but she just  40 1 didn’t (inaudible). 2 MS. SHAMBERGER: I didn’t have this. 3 MS. GANZ: Oh, good (inaudible). 4 MAYOR SELIN: So, this version includes from the 5 Ward and Boundary Commission the changes between the 6 Second and Third Wards? 7 MR. MIKORSKI: Yes, it does. From Council’s 8 direction, when the discussion was about the report 9 from the Ward and Boundary Commission, that’s what 10 directed us to include parts -- parts of the report 11 into the ordinance descriptions. It includes all of 12 the annexed areas from 1989 to the current. It also 13 includes a modification from Ward Two and Ward Three 14 that was -- in order to equalize some of the 15 registered voters in those two wards. Those are the 16 only changes to take place. 17 MAYOR SELIN: And then, between the Fourth Ward 18 and the Seventh Ward, how has that been handled? 19 MR. MIKORSKI: There is no change from the 20 current City ordinance -- or City ward map regarding 21 the Fourth and Seventh Ward. 22 MAYOR SELIN: And then the Fifth Ward, 23 obviously, those changes would not be in here either? 24 MR. MIKORSKI: No, because it was not identified  41 1 until last night, and it would be Council’s 2 prerogative to include something that wasn’t into the 3 -- wasn’t in the final report from the Ward and 4 Boundary Commission. 5 MAYOR SELIN: OK. So, we’re following up on 6 that. I wanted to make sure that we kind of went 7 around the room and checked with people in their 8 wards to see if what’s in here is what they’re 9 agreeing with. 10 MR. MIKORSKI: You probably have to bring it up 11 to -- 12 MAYOR SELIN: Pardon? 13 MR. MIKORSKI: -- to introduce it. 14 MAYOR SELIN: Oh, OK, pardon. All right. So, 15 is this -- what’s Council’s pleasure on this? 16 MR. KAWECKI: Move for approval. 17 MAYOR SELIN: Is there a second? 18 MS. SHAMBERGER: Second. 19 MAYOR SELIN: All right. Now, we can have 20 discussion. Thank you very much. 21 MR. NUGENT: Point of order. 22 MAYOR SELIN: Yes. 23 MR. NUGENT: It has been clear from previous 24 discussions that the Chair has put forward positions  42 1 and opinions regarding this document, and if it isn’t 2 a real conflict, it’s definitely a perceived 3 conflict, and unseemly to have the Chair presiding 4 over an issue that affects that person’s standing in 5 a future potential election. 6 So, I object to the Chair presiding over this 7 issue, and would request that the Chair step aside 8 for this issue, and allow the Deputy Mayor to 9 preside. 10 MAYOR SELIN: And I would respectfully state 11 that we had checked this issue out with the Ethics 12 Commission, and that this is something that each of 13 us is responsible for, in our own way and our own 14 position; that I, as the Mayor have presided over 15 this issue from the beginning; that I have asked each 16 person, as I was willing to and interested in doing 17 this evening, how this affected their ward, if there 18 was something that they wanted to comment on the 19 overall document, and that I feel as though I can be 20 impartial on this issue; that our Chair traditionally 21 has had positions on issues that we have not had a 22 neutral Chair that doesn’t have a vote; that we have 23 had a Chair who does at some point offer a position. 24 MR. NUGENT: I appeal to the body.  43 1 MAYOR SELIN: Feel free to appeal to the body. 2 MR. BANE: Question. 3 THE CLERK: Ron Bane? 4 MR. BANE: Yes. 5 THE CLERK: Bill Kawecki? 6 MR. KAWECKI: No. 7 THE CLERK: Wes Nugent? 8 MR. NUGENT: Yes, the Chair should recuse 9 themself. 10 THE CLERK: Marti Shamberger? 11 MS. SHAMBERGER: No. 12 THE CLERK: Mike Fike? 13 MR. FIKE: Yes. 14 THE CLERK: Nancy Ganz? 15 MS. GANZ: No. 16 THE CLERK: Mayor Selin? 17 MAYOR SELIN: No. So, the motion fails 4-3. We 18 can continue the meeting now. 19 So, at this point, I was thinking that we should 20 -- we’ve discussed this issue quite a bit -- these 21 issues quite a bit, and I was thinking that we should 22 go around the room and see if there were any other 23 items that people wanted to change, and then work 24 toward a vote.  44 1 So, I was wondering of Ron Bane had anything. 2 MR. BANE: Mine would be to change it back to 3 what was recommended by the Ward and Boundaries 4 Commission. 5 MAYOR SELIN: OK. 6 MR. BANE: In total -- in total tally. 7 MAYOR SELIN: OK. Councilor Kawecki? 8 MR. KAWECKI: I’m satisfied with the changes 9 made in my ward. 10 MR. NUGENT: I reject what’s been put before me 11 this evening, and stand behind the report of the Ward 12 and Boundary Commission. 13 MAYOR SELIN: Thank you very much. Councilor 14 Shamberger? 15 MS. SHAMBERGER: Just a (inaudible). 16 MAYOR SELIN: This is sort of any kind of 17 comment about what you see here, and then if you had 18 anything in your own ward. 19 MS. SHAMBERGER: Right. I would like to move 20 this recommendation forward. I do have a question, 21 going back to my ward, in the description, it says, 22 situated at the intersection of Charles Avenue, Ices 23 Ferry Road -- I believe on our maps, it’s indicated 24 as North Willey Street. I’d like that change to be  45 1 made, and I also want to be clear on the 2 understanding that the motion that was made on the 3 ward and boundaries to extend my ward, that we are 4 not going to accept that, because they never moved it 5 forward, is that correct? I’m a little bit confused 6 about that still. 7 MR. BANE: Are you -- 8 MAYOR SELIN: It didn’t get included in the 9 report. 10 MS. SHAMBERGER: Right. 11 MAYOR SELIN: And so, with the Fifth Ward, the 12 portion that were in the minutes with the Fifth Ward 13 changes. 14 MS. SHAMBERGER: So, if it didn’t -- if it was 15 not included in their final report, then that will 16 not stand? Can we make some kind of addendum or 17 something to the report, indicating that 18 specifically? I’m thinking for future reference of 19 anybody that -- 20 MAYOR SELIN: If somebody read the minutes, that 21 it would be clear -- 22 MS. SHAMBERGER: Yes, right. 23 MAYOR SELIN: -- that was specifically not 24 included?  46 1 MS. SHAMBERGER: Yes. 2 MAYOR SELIN: And that we had made the addendum 3 that that was not part of the original document -- 4 MS. SHAMBERGER: Mm-hmm. 5 MAYOR SELIN: -- or put forth by the Ward and 6 Boundary Commission, but we’re taking notice of that. 7 MS. SHAMBERGER: Right. Correct, thank you. 8 MAYOR SELIN: Councilor Fike? 9 MR. FIKE: I would like to ask -- it’s 10 redundant, probably, but I would like to ask for 11 another explanation about what changes are in this 12 document that were not in the original report. I’m - 13 - I missed a little bit of that -- 14 MAYOR SELIN: Sure. 15 MR. FIKE: -- probably due to hearing -- 16 MAYOR SELIN: Absolutely. 17 MR. FIKE: -- but if you could just, again, tell 18 me the changes that this document contains, as 19 compared to the original report. 20 MR. MIKORSKI: Right. The ordinance itself 21 includes all the annexed areas that were not 22 identified into a ward from 1989 to the current. It 23 also makes a change in -- between the Second and 24 Third Ward for a redistribution of registered voters  47 1 that was identified in the report. I do believe 2 those are the only changes. I can refer to the 3 Clerk. 4 Are those the only changes that were from the 5 report? 6 THE CLERK: I’m sorry, 7 MR. MIKORSKI: The Ward and Boundary report. 8 Are there any other changes? 9 THE CLERK: That were missed? 10 MR. MIKORSKI: Yes. 11 THE CLERK: No. 12 MR. MIKORSKI: Those are the only -- 13 MAYOR SELIN: So, my understanding is that 14 what’s in front of us has some cleaned up language 15 compared -- 16 MR. MIKORSKI: Yeah. 17 MAYOR SELIN: -- to the Ward and Boundary 18 report; that the maps have been updated more 19 completely since -- I think that, because we’ve had 20 short time lines, that there has been a necessity on 21 the part of staff, to clean up the maps and clean up 22 the -- it’s all within the intent of what the Ward 23 and Boundary Commission was doing, but they -- 24 they’re trying to update things so that they’re  48 1 complete, because this is something that hasn’t 2 happened before. 3 The other item that isn’t in here, is that 4 they’ve left the situation between the Fourth and the 5 Seventh Ward as it was originally, and it’s not in 6 here, as far as what was recommended from the Ward 7 and Boundary Commission. 8 If that’s what you’re asking, I’m trying to give 9 you the clearest answer I know. 10 MR. FIKE: OK, and thank you for indulging me in 11 the rehashing of that. Now, before I offer my 12 opinion as we’re going around, I’m going to take the 13 liberty of turning to the person that I consider to 14 be our expert -- and in this case, my particular 15 expert -- and any issues related to wards, 16 boundaries, registered voters, election processes, 17 all of that -- and that’s our City Clerk. 18 So, Mrs. Tucker, if you don’t feel comfortable 19 answering this question for me, I would certainly 20 respect that, but I would like to hear your opinion 21 of as to whether or not the original report that was 22 rejected last Tuesday night from the Wards and 23 Boundaries Commission, did that report, to you, 24 appear to equalize the registered voters across the  49 1 seven wards of our city? 2 THE CLERK: Yes, I do believe it did, with the 3 information and the data that they were given at that 4 time, and the numbers they had, yes. 5 MR. FIKE: OK. That being -- thank you. Thank 6 you for doing that. 7 THE CLERK: Mm-hmm. 8 MR. FIKE: That being said, I would object to 9 any changes from the original report, and I would 10 stand by my vote to approve that report. 11 MAYOR SELIN: Does that include map changes or 12 changes that had to do with updating the materials? 13 MR. FIKE: Yes, it would, because all of those 14 changes were discussed and decided upon after we had 15 already rejected the report, and I had already voted 16 in favor of it. So, I would go back to the time when 17 I voted to approve the report, with those facts only. 18 MAYOR SELIN: Even if you knew that there were 19 misspellings or other kinds of things? 20 MR. FIKE: Mm-hmm. 21 MAYOR SELIN: All right, that’s your 22 prerogative. Thank you. Councilor Ganz? 23 MS. GANZ: Well, first of all, I appreciate the 24 hard work also of the Wards and Boundaries Commission  50 1 and Damien Davis and Linda Little -- Linda Tucker -- 2 with the maps. I do want to point out that some of 3 the changes were made, as requested, in the Seventh 4 Ward. I encourage us to make minor changes related 5 to nomenclature (inaudible) but there were some made 6 -- but things like Corporation Line and Annex -- 7 Kenwood Annexation and Oakview Annexation -- I think 8 we could clear up by paralleling it with the rest of 9 the description so that it says road names and things 10 that area easier for neophytes, or people new to 11 looking at the system, to understand. 12 That being said, I would like to amend the 13 motion to include the area as recommended by the Ward 14 and Boundary Commission members representing the 15 Fourth, Second and Seventh Ward, who have also 16 studied the equalization, and I would ask that the 17 area of Burroughs Street extending from its 18 intersection with University eastward to the 19 intersection with Van Voorhis and Chestnut Ridge 20 where the BB&T is located, which turns nearly 90 21 degrees and (inaudible) the southern border to the 22 intersection with University/Patteson, and then down 23 to University -- which basically means a triangle 24 that includes Windsor and those roads over there to  51 1 be included in the Seventh Ward. That recommendation 2 was made by the (inaudible) group, and I would like 3 to include that. 4 MAYOR SELIN: So, that would be -- 5 THE CLERK: (Inaudible.) 6 MAYOR SELIN: -- a proposed amendment -- 7 MS. GANZ: Yes. 8 MAYOR SELIN: -- to this document. 9 MS. GANZ: Yes, so that -- and we -- as I 10 respect the Ward and Boundaries members in terms of 11 their attitudes towards community, neighborhood and 12 equalization, I would like to take their proposal and 13 amend the ordinance in that fashion. 14 MAYOR SELIN: Thank you. I guess I was 15 concerned in the Fifth Ward -- 16 MR. MIKORSKI: That’s a -- 17 MR. BANE: That’s a motion, Chair. 18 MAYOR SELIN: Oh, pardon. 19 UNIDENTIFIED VOICE: Motion. 20 MAYOR SELIN: All right. So, we have a motion. 21 Do we have a second to that motion? 22 MS. GANZ: For the amendment. Are you talking 23 about for the amendment? 24 MAYOR SELIN: For just the amendment.  52 1 MS. SHAMBERGER: So moved. 2 MAYOR SELIN: Thank you. So, is there any 3 discussion on that? 4 MR. KAWECKI: We need to -- I’m sorry. 5 MAYOR SELIN: Yes. 6 MR. KAWECKI: Do we need to move on the first 7 motion? 8 MR. MIKORSKI: No. 9 MR. BANE: Do the amendment? 10 MAYOR SELIN: Do amendments first. 11 MR. KAWECKI: OK. 12 MS. GANZ: Madam Chair? 13 MAYOR SELIN: Yes. 14 MS. GANZ: May I explain the amendment? 15 MAYOR SELIN: Yes. 16 MS. GANZ: The Wards and Boundary Commission 17 chaired by Dr. Alan Donaldson has been in effect for 18 many years, and they’ve taken into careful 19 consideration community development, community 20 orientation, and neighborhoods, and Steve Carpenter 21 from Fourth Ward, Alan Donaldson, as I mentioned, and 22 Cindy O’Brien, had recommended, after studying the 23 neighborhoods and the wards and equalizing them, that 24 this section be added to the Seventh Ward.  53 1 MAYOR SELIN: So, I would be voting in favor of 2 such amendment -- which I think I had talked about a 3 little bit before -- that it would be within the 4 parameters of the 15 percent deviation that was 5 desired; that it had similar compactness to the other 6 -- to the other alternative that Windsor areas -- 7 that defined and bounded part of the neighborhood, 8 splintering another part of the neighborhood in half; 9 that Windsor area is topographically -- it’s right 10 across Burroughs, and it’s on the same level as the 11 rest of the Seventh Ward, so I -- in an area that has 12 topography, that, I think, has meaning when you’re 13 looking at numbers, and that I think that it’s 14 important to respect the opinion of the other 15 representatives in the particular ward when we’re 16 looking at the proposed ward and boundary changes, 17 that it’s a matter of numbers, and that it’s also a 18 matter of choices, and that there’s often more than 19 one choice, and that the neighbors seem to know what 20 the topography is and how it could best -- how it 21 could best be taken care of. 22 Is there any other -- 23 MR. NUGENT: I’ll be voting no on the amendment, 24 Madam Chair, because I know at least one of those  54 1 members was newly-appointed the prior evening, as 2 well as I know another one of the members -- and 3 looking back through the minutes -- didn’t attend a 4 number of the meetings prior to the vote being taken 5 -- the final vote was a non-unanimous vote, and I 6 believe that the amendment further injects political 7 processes into what is supposed to be a non-partisan, 8 non-political Council. 9 And so, I will be voting no on the amendment. 10 MR. BANE: I will also be voting no, because the 11 Chair at that time -- at several meetings, when you 12 look at the minutes -- he also mentioned that he did 13 not want to get involved with the politics, but he 14 did, because he was saying that both -- it would move 15 two Council members into one ward, and he did not 16 want to do that. 17 So, I will be voting no. 18 MAYOR SELIN: Thank you. Are there any other 19 comments? 20 MS. SHAMBERGER: Question. 21 MAYOR SELIN: Thank you. 22 THE CLERK: Ron Bane? 23 MR. BANE: No. 24 THE CLERK: Bill Kawecki?  55 1 MR. KAWECKI: Yes. 2 THE CLERK: Wes Nugent? 3 MR. NUGENT: No. 4 THE CLERK: Marti Shamberger? 5 MS. SHAMBERGER: Yes. 6 THE CLERK: Mike Fike? 7 MR. FIKE: No. 8 THE CLERK: Nancy Ganz? 9 MS. GANZ: Yes. 10 THE CLERK: Mayor Selin? 11 MAYOR SELIN: Yes. Passes 4-3. Back to the 12 main motion. I wanted to just make a comment. In 13 the Fifth Ward we had talked about during our 14 meeting, that there was a particular diagonal line, 15 and maybe that’s something that Councilor -- Deputy 16 Mayor Shamberger could refresh me on which road that 17 is, that there’s a line that we looked at that has 18 houses on both sides, and I believe that when a staff 19 member was looking at it, he said you looked at how 20 the doors faced to see which way that that fell on 21 the line? 22 MR. MIKORSKI: It’s right here. 23 MAYOR SELIN: Do you know which road -- which 24 road was that? Yeah, that goes diagonally across.  56 1 MR. MIKORSKI: Yes. 2 MAYOR SELIN: Actually, it’s not a road -- it’s 3 just a -- it’s a line. 4 THE CLERK: (Inaudible.) 5 MS. SHAMBERGER: I think there’s multiple road. 6 MAYOR SELIN: Pardon me? 7 MS. SHAMBERGER: Yes, I think there’s multiple 8 roads that that line goes through. 9 MAYOR SELIN: So, exactly -- so in situations 10 like that, I would like to make sure that, if we have 11 determined which ward a house is in relative to which 12 way their door was facing, that we would look at it 13 at the parcel level and make sure that we noted that, 14 so that each person in each house could know which 15 ward they were in. I don’t know if that’s something 16 that’s possible, since he said he already did that. 17 THE CLERK: He’s trying to -- he’s working on 18 that, yes. 19 MAYOR SELIN: Right. 20 THE CLERK: Still. 21 MAYOR SELIN: So, I’m just requesting that he 22 continue to work on that, and that that’s something 23 that would be valuable. 24 THE CLERK: (Inaudible.)  57 1 MAYOR SELIN: Of course, but -- it’s just good 2 to note because -- 3 THE CLERK: And I think -- I think he also said 4 that he was going to call Carye and he’s going to 5 work with her, too, on trying to make that work. 6 MAYOR SELIN: OK. 7 THE CLERK: Yeah. 8 MAYOR SELIN: And any other place that’s like 9 that -- 10 THE CLERK: Right. 11 MAYOR SELIN: -- where there’s a line that 12 splits houses, if we could just make sure that we 13 note which is on which side. 14 Is there anything else that anyone wants to 15 speak about, and then we can vote on the main motion. 16 MR. NUGENT: Call for the question. 17 MAYOR SELIN: Thank you. 18 THE CLERK: Ron Bane? 19 MR. BANE: No. 20 THE CLERK: Bill Kawecki? 21 MR. KAWECKI: Yes. 22 THE CLERK: Wes Nugent? 23 MR. NUGENT: No. 24 THE CLERK: Marti Shamberger?  58 1 MS. SHAMBERGER: Yes. 2 THE CLERK: Mike Fike? 3 MR. FIKE: No. 4 THE CLERK: Nancy Ganz? 5 MS. GANZ: Yes. 6 THE CLERK: Mayor Selin? 7 MAYOR SELIN: Yes. Passes 4-3. 8 So, now we need to have an executive session. 9 Does somebody want to state the number here? 10 UNIDENTIFIED MALE VOICE: Could you suspend the 11 rules and I can talk about the Fifth Ward -- 12 MR. BANE: No, point of order. 13 MAYOR SELIN: Pardon -- no. 14 MR. BANE: Point of order. 15 MAYOR SELIN: No, no, no. 16 MR. BANE: No. 17 MS. SHAMBERGER: I would move that we go into 18 executive session, pursuant to West Virginia State 19 Code section 6-9A-4(b)(2)(A), in order to discuss 20 personnel matters. 21 MAYOR SELIN: Thank you. 22 THE CLERK: Is there a second? 23 MS. GANZ: Oh, second. 24 THE CLERK: Thank you. With just Council?  59 1 MAYOR SELIN: With just Council? I believe, 2 because we’re just -- yeah, just Council. Just 3 Council. I also just wanted to make notice for 4 people who are in the gallery this evening that we 5 will be taking comment and having a specific public 6 hearing about ward and boundaries at our next 7 meeting, so that everyone knows that the public is 8 included, and including Ward and Boundary members. 9 So, we’re going to adjourn and go into executive 10 session. 11 * * * 12 (End of proceedings.) 13 * * * 14 15 16 17 18 19 20 21 22 23 24