City Council

REGULAR MEETING March 17, 2015: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, March17, 2015 at 7:00 p.m. PRESENT: City Manager Jeff Mikorski, Assistant City Manager Glen Kelly, City Clerk Linda Tucker, Mayor Selin, Deputy Mayor Marti Shamberger and Council Members: Ron Bane, Bill Kawecki, Wes Nugent, Mike Fike, Nancy Ganz and City Attorney Ryan Simonton. The Meeting was called to order by Mayor Selin. APPROVAL OF MINUTES: The minutes of the March 3, 2015 were approved as printed. CORRESPONDENCE: Mayor Selin presented 3 certificates of appreciation to Roy Nutter for 23 years of service as Chair and member of the Traffic Commission; Christiaan Abildso for Chairing the Pedestrian Safety Board for 7 years and his continued service to the Board and Kara Hurst for her great vision, organization and planning in The Urban Landscape of Morgantown. PUBLIC HEARING -AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FY 2015-2016. There being no appearances, Mayor Selin declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FY 2015-2016: The below entitled Ordinance was presented for second reading. AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FY 2015-2016. After City Manager explanation, motion by Shamberger, second by Ganz, to adopt the above entitled Ordinance. Motion carried 7-0 BOARDS AND COMMISSIONS: City Clerk, Linda Tucker, reported that Jay Redmond will be appointed to the Met Theatre Board. After council discussion, motion by Shamberger second by Nugent to appointment Jay Redmond to the Met Theatre Board. PUBLIC PORTION: Guy Panrell, 763 South Hills Drive, stated the polling places were incorrect and needed to be updated. Mr. Panrell also stated that he had spoken with the Ethics Commission and they do not give verbal opinions over the phone, although the Ethics Commission told Mr. Panrell they would give their opinion in writing per request. Mr. Panrell requested a specific written opinion from counselor Ganz in regards to the wards and boundaries issue. Mr. Panrell also expressed his opinions on the Truck Traffic Ordinance, City expenditures and good leadership for the City of Morgantown. Jim Manilla, 1338 Airport Blvd, stated that he put in a Freedom of Information Act (FOIA) request to obtain emails from City Council Members to the fact that he heard that there were directives given to city employees from City Council Members without permission from the City Manager. Mr. Manilla believed that they broke State Ethic Code and the City Charter. SPECIAL COMMITTEE REPORTS: No reports NEW BUSINESS: AN ORDINANCE AMENDING SECTION 129.5 OF THE CITY CODE PRESCRIBING RULES FOR PURCHASING, CONTRACTS, AND PUBLIC BIDDING: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING SECTION 129.5 OF THE CITY CODE PRESCRIBING RULES FOR PURCHASING, CONTRACTS, AND PUBLIC BIDDING. After City Manager explanation and Council discussion, motion by Ganz, second by Shamberger, to pass the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGATOWN, AND PURSUANT TO AUTHORITY GRANTED TO IT AS A HOME RULE MUNICIPALITY, CREATING A NEW SECTION 181.22 WITHIN ITS ADMINISTRATIVE CODE, AS THE SAME APPLIES TO A COURT 1 TECHNOLOGY/MAINTENANCE FEE WHICH IS TO BE ASSESSED AGAINST MUNICIPAL COURT DEFENDANTS: The below entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN AND PURSUANT TO AUTHORITY GRANTED TO IT AS A HOME RULE MUNICIPALITY, CREATING A NEW SECTION 181.22 WITHIN ITS ADMINISTRATIVE CODE, AS THE SAME APPLIES TO A COURT TECHNOLOGY/MAINTENANCE FEE WHICH IS TO BE ASSESSED AGAINST MUNICIPAL COURT DEFENDANTS: After City Manager explanation, motioned by Shamberger, second by Fike, to pass the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE BY THE CITY OF MORGANTOWN, AND PURSUANT TO AUTHORITY GRANTED TO IT AS A HOME RULE MUNICIPALITY, CREATING A NEW SECTION 1713.04 WITHIN ITS BUILDING AND HOUSING CODE, AS THE SAME APLIES TO PROPERTY MAINTENANCE REQUIREMENTS AND ITEMS FALLING WITHIN THE DEFINITION OF UPHOLSTERED FURNITURE. The above entitled Ordinance was presented for first reading. AN ORDINANCE BY THE CITY OF MORGANTOWN, AND PURSUANT TO AUTHORITY GRANTED TO IT AS A HOME RULE MUNICIPALITY, CREATING A NEW SECTION 1713.04 WITHIN ITS BUILDING AND HOUSING CODE, AS THE SAME APLIES TO PROPERTY MAINTENANCE REQUIREMENTS AND ITEMS FALLING WITHIN THE DEFINITION OF UPHOLSTERED FURNITURE. After City Manager explanation and City Council discussion, motion by Ganz, second by Shamberger, to pass the above entitled Ordinance to second reading. Motion carried 7-0. A SUPPLEMENTAL RESOLUTION REFINANCING OF DEBT OF SCOTTS RUN PSD. The above Resolution was presented for approval. After City Manager explanation, the City Manager requested Councils permission to suspend the rules to have Tim Ball Director of MUB to explain supplemental Resolution. Approved by unanimous consent to suspend the rules. Tim Ball MUB Director explained the refinancing of the debt of the Scotts Run PSD. Motion by Ganz, second by Bane to approve the above entitled Resolution. Motion carried 7-0. CITY MANAGERS REPORT: Information: 1. Home Rule Amendment to Application Mr. Mikorski stated on April 21st 2015 at 7:00 pm. There will be a public hearing on an amendment to the City of Morgantown Hone Rule Application, and an Ordinance amending sections 1505.01 and 1511.02 of the Morgantown City Code to grant City Fire Marshals and Deputy Fire Marshals arrest authority at fire scenes for certain violations of the Fire Prevention Code. Mr. Mikorski noted that the information will be advertised for the required 30 days prior to the public hearing. He also noted that the amendment and ordinance will be presented to the Home Rule Oversight Board meeting in June, 2015. 2. Frontier Communications/DISH Network America’s Best Community Prize Grant Mr. Mikorski stated that the City of Morgantown and the Chamber of Commerce have pulled resources together and paid for a grant specialist to start the process of grant paperwork and he also noted that the grant deadline will be at the end of March. Mr. Mikorski stated that if we do well we have the opportunity to receive three million dollars towards a certain project and that will include the Pilot Project for a wireless network to be placed in downtown Morgantown and the Morgantown Municipal Airport. With the Grant money, we are hoping to place wireless network throughout the community. Mr. Mikorski continued on to explain and discuss the application process to council. REPORT FROM CITY CLERK: City Clerk, Mrs. Tucker, stated that the post card problem has been remedied and are going out soon for the Polling Place changes for the Election. She also announced April 7, 2015 is the last day to register to vote; early voting April 15-25, 2015. REPORT FROM CITY ATTORNEY: No Report REPORT FROM COUNCIL MEMBERS: Councilor Bane: No Report Councilor Kawecki: Councilor Kawecki reported that the Morgantown Historic Landmarks Commission is holding the third 2  Morgantown History Roundtable from 5:30 pm – 7:30 pm on March 18, 2015. Councilor Nugent: Councilor Nugent reported that the next meeting of the Wiles Hill/ Highland Park Neighborhood Association will be March 18th. Counselor Nugent noted the Community Meeting to discuss homeless facility needs on Thursday, March 26th, 2015. Councilor Nugent expressed his opinions on the Wards and Boundaries Commission of conflict with certain Council Members. He hopes that this conflict will be addressed so that we all can move on and focus on the City’s needs and wants. Deputy Mayor Shamberger Deputy Mayor Shamberger congratulated Roy Nutter, Christian Abildso and Kara Hurst for their services to the City and noted that there are over 220 volunteers that serve the community. Shamberger noted that she was glad to hear that there was a meeting on the homelessness as she serves on the coalition. Deputy Mayor Shamberger stated that after speaking with the City Manager and the City Attorney that she believes that she has done nothing wrong in regards to the Ward’s and Boundaries Commission Conflict. Councilor Fike: Councilor Fike agreed with Counselor Nugent in moving above and beyond the Ward’s and Boundaries Commission Conflict. Counselor Fike announced that on the 25th of March at 7:00 pm at the Marilla Center, there will be a Town Hall Meeting for Human Right Priorities and looking for citizen input. Councilor Ganz: Councilor Ganz announced that on March 26th at 6:30 pm the Suncrest Neighborhood Association will be held at the Calvary Baptist Church. Counselor Ganz addressed the allegations from Mr. Manilla and noted that she did email the Police Chief on some concerns because the request partner network was down. Counselor Ganz noted in reference to the Wards and Boundaries issue is not at the prosecuting attorney’s office yet, and so therefore it is still up for discussion. Counselor Ganz mentioned the Dominion Post Editorial about the Wards and Boundaries Commission that Alan Donaldson Co-Chair wrote on January 25, 2015 and read an exert from that document. (Exhibit A attaches as part of the record) “The Council took action on long delayed adjustments of Wards and Boundaries. It was fully public process, and followed city and state codes. The result is a better (but not perfect) alignment of wards with population changed over time”. Counselor Ganz stated that the decisions from this Ward and Boundaries Commission as a whole and by the precincts of the County and Commissions. The individuals were addressed in the 3 of the 7th Wards and their responsibilities are to look at the whole city as a whole. The decisions that were made 3  by the people of those wards were related to matching up with the precincts of the County. Counselor Ganz appreciates the hard work that the individuals have done for many years and such discussion does not inhibit other people from volunteering to work and work hard in our City. We encourage people to come and vote. Mayor Selin: Mayor Selin mentioned that a citizen had commented that the discussion on the Wards and Boundaries was old news and that Council wondered why Council was still discussing this. Mayor Selin responded in saying that the council is working on stabilizing the budget and many other things and are also ready to move forward and away from this topic. She noted in her defense to contacting the public information officer with photos and some information to put on the website she thinks not that this would be an ethic violation. Mayor Selin stated that the city clerk is working on the City Election and that is what the focus should be at this time. Mayor Selin requested that at the next committee of the whole that the special committee report that is on the agenda be discussed, for many council members want to give a report and this item is never used. Mayor Selin also requested that resolutions for ten years be places on our Morgantown’s website. Mayor Selin then noted that some activities Coffee with a Cop; Health Fair at the Library and Don Felder at the CAC. EXECUTICE SESSION: Motion by Ganz second by Bane and carried by unanimous consent. To go into Executive session pursuant to West Virginia Code Section 6-9A-4(2) (9) in order to discuss Personnel matters. Present: Council, City Attorney, City Manager, Assistant City Manager, and Clerk. Time 8:30 pm ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:25 p.m. _____________________________ __________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY. 4