City Council

1 \lrbe QCitp of iffiIorgantotun Linda L. Tucker, CMC 389 Spruce Street, Room 10 Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 llittle@cityofmorgantown.org Office of the City Clerk AGENDA MORGANTOWN CITY COUNCIL COMMITTEE OF THE WHOLE March 31,2015 7:00 p.m. NOTE: Committee of the Whole Meetings of the Morgantown City Council are intended to provide an opportunity for the Council to receive information, ask questions, and identify policy options in an informal setting. No official action is taken at these meetings. At this Committee of the Whole Meeting the following matters are scheduled: PRESENTAnONS: 1. Woodburn reuse commission presentation on playground 2. Republic Services update on trash pickup audit 3. CDBG - Dave Bott PUBLIC PORTION: ITEMS FOR DISCUSSION: 1. Recommendations requested by Council to increase budget by additional 1.4 million & draft ordinances 2. Amending Section 121.04 of Administration Code 3. RW at Tibbs Run (WVBG) RW at Rail Trail (MRTZ) 4. Proposed purchase of real property *If you need an accommodation contact us at 284-7439*  2 Woodburn School Redevelopment Commission- Proposal for Redevelopment of former Woodburn Elementary Play round Identified Goals and Issues Proposed Improvements Legend/Key J. Residents of \t\'oodburn and SU I rounding Updated Playground Equipment areas utilize the for mer Woodbum Elementar)' Inclusive Play EqUipment Accessible Path School (WES) playground nrca Water Spray and Play Station 2. Thi s area is convenient to the rails and 11 ails New Swing Set Terrace Planting Sed ~ system, (IS \vell as within short distnnce of Renovated running/walking track several neighborhoods in Morgantowll and the Better Use and Safety of Green Space Fruit/Nut Bearing Tree su rrounding areas Safer and usable green space - 3. Ivlost of the equipment and surface, on Redesigned fencing Turf Performance Seating the playgl'Ollnd area are deterior ated to the Increased and more energy efficient lighting or point of h,lzJrd and in dire need I epair or Renovated Pavilion/Stage/Performance Space Pavilion/Thealer replaccnlclll. 4. To promote safe play and to mllke the Passive Trail formel \i\'ES playground a desirable recreation area in the healt of MOlgi.ln!OWn New Play EqUipment Area Improved Basketball Court c:J  3 Community Development Block Grant 2015 Annual Action Plan Draft Community Development Office 389 Spruce Street Morgantown, WV 26505 304-284-7508 304~284-7430 (Fax)  4 Source of Funds The City of Morgantown C.D.B.G. Entitlement is $371,158, recaptured funding from previous years projects that have been closed $15,225.72 bringing the 2015 fiscal year funding to $386,383.72. The Morgantown Housing Authority also anticipates $29,372 in program income. Program Income is maintain by the Fairmont Morgantown Housing Authority and rolled over into the Housing Rehabilitation Program. Total available funding for 2015 is $415,755.72. The U. S. Department of Housing and Urban Development regulations require the City of Morgantown to verify that all funds are utilized within the corporate limits of the City of Morgantown, or with support agencies that provide 51 % of their services to City of Morgantown residents .. Description of Projects Administration & Planning - $74,231 CDBG Administration $73,731 Activity: Administration Source: CDBG Entitlement National Objective: N/A Regulation Citation: 570.206 (a) Project: #2015-1 CDBG Administrative costs are necessary for project management, implementation, and inspection of the non-housing community development projects. Administrative costs include, but are not limited to, staff salaries and fringe benefits for one full-time staff member and a part-time or intern position, general operating supplies, environmental inspections, postage, mileage expenses, printing, miscellaneous services and charges, legal expenses, fees, travel and training, and dues and subscriptions. City of Morgantown Human Rights Commission - $500 Activity: Planning Source: CDBG Entitlement National Objective: LIM Income Regulation Citation: 570.205(a) (3) (i) Project: #2015-2 1  5 Public Service- $ 54,933 Morgantown Area Youth Services Project - $11,933 Activity: CDBG Public Services Sub-recipient Source: CDBG Entitlement National Objective: LIM Income Eligible Activity: Public Services Regulation Citation: 570.201 (e) Consolidated Plan Objective: Anti-poverty Project: #2015-3 The Morgantown Area Youth Services Project operates under the fiscal administration of the Monongalia County Commission. MAYSP provides intervention services to youth and families primarily from low-income households that are experiencing delinquency and substance abuse problems. The proposed CDBG funded program would expand services to reach low-income youth and families living in the City of Morgantown experiencing substance abuse and underage drinking problems. Mountaineer Boys & Girls Club - $18,000 Activity: CDBG Public Services Sub-recipient Source: CDBG Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Public Services Regulation Citation: 570.201 (e) Consolidated Plan Objective: Anti-poverty Project: #2015-4 The Project Learn initiative provides after-school and summer educational enhancement and tutoring activities to at-risk students ages 6-16. The program includes homework help, tutoring services, high yield learning activities, collaboration with schools, character education, and parental involvement. Prevention Programs are offered every day including the Smart Moves prevention program and character education. The Boys and Girls Club is available to the students during non-school days and through the summer. Project Learn with the Mountaineer Boys and Girls Club serves low and very-low income children in the City of Morgantown. The Smart Moves and Fan Club help develop skills essential for transition between youth and adulthood. Family activities and meetings playa critical role in the program. Additionally, the program will include conflict resolution and anger management education. Literacy Volunteers of Monongalia and Preston Counties -- $2,000 Activity: CDBG Public Service Sub-recipient Source: CDBG Entitlement 2  6 National Objective: LIM Limited Clientele Eligible Activity: Public Service Regulation Citation: 570.201 (e) Consolidated Plan Objective: Anti-poverty Project: #2015-5 LVMPC is upgrading their office technology and record storage to ensure confidentiality and provide service efficiency. LVMPC will make a one-time purchase of a server and two laptops for office organization and programing support. The Connecting Link - $23,000 Activity: Homelessness Source: C.D.B.G. Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Public Services Regulation Citation: 570.201 (e) Consolidated Plan Objective: Homelessness Project: #2015-6 CDBG funding will be used for the Friend/Mentor Program offsetting the cost of dedicated staff supervising this program, perform daily intake and viSPDAT assessments. Plus work as a liaison between homeless families and individuals as well as working with the PATH Outreach Coordinator. Housing Programs - $83,654 Home Rehabilitation Program Fairmont/Morgantown Housing Authority $35,000, $29,372 Program Income Activity: Housing Source: CDBG Entitlement National Objective: LIM Income Housing Regulation Citation: 570.202 (b) (9) (l0) Consolidated Plan Objective: Housing Project: #2015-7 General Home Improvements Assisting low-income homeowners make modest repairs to their homes. Qualified residents could apply for up to $20,000 at 2% interest for up to 15 years. For elderly and disabled persons, this can be a forgivable loan with 20% forgiveness rate over 5 years. These improvements could include roof replacement, heating and cooling units, electrical of plumbing upgrades, windows, flooring, sidewalks, porches, siding, etc. Rental Rehabilitation Program Designed to increase the quality of non-student rental units in the City of Morgantown, Landlords will be able to apply for $10,000 at 1% interest for 10 3  7 years to make modest renovations to their rental units. As an incentive to improve the appearance of the structure, participating landlords may be eligible for $2500 grant for approved exterior improvements. Landlords must agree to rent to families with households income at or below 80% for the life of the loan. Dependent college students are not eligible residents. Emergency Repair Program Assisting low-income homeowners with the cost of repairs that may be viewed as emergency in nature and could threaten one's health and safety, Such conditions could include a leaking roof, busted pipes, faulty electric systems, broken furnace, etc. The Emergency Repair Program would provide a one-time grant of up to $2,500 to make the home safe again. Barrier Free Program Assisting families with the necessary modifications or adaptations that will make their home livable as needs change. Many elderly or disabled persons run the risk of moving to assisted living facilities due to failing health or physical limitations. Adaptations may include installing grab bars, handicapped showers, modifying home entryways. Lead Based Paint Assessmentrresting and Clearance Federal law requires lead based paint intervention on federally funded housing programs over $5,000. Morgantown Housing Authority will do lead based paint assessments, testing and clearance for projects as needed. Down Payment Assistance Program The Down Payment Assistance Program will assist low-income first time homebuyers with $2,500 grant for down payment when purchasing property in the City of Morgantown. Homebuyers will need a 3-5 % down payment from savings, which could average $2,778 for low-income household. By removing the down payment barrier, this grant could make the difference in a family's quest for homeownership. City of Morgantown - $12,000 Activity: Homeless Housing Project Source: C.D.B.G. Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Public Facilities Regulation Citation: 570.202 Consolidated Plan Objective: Homelessness Project: #2015-8 This is housing funding and will be used to provide infrastructure, rehabilitation and health and safety improvements to housing for the homeless. The funding will be available to any organization working to expand housing to be used to house individuals and families that are homeless. 4  8 Community Housing Action Partnership, Inc. - $7,282 Activity: Affordable Housing Source: C.D.B.G. Entitlement National Objective: All Eligible Activity: Organizations Regulation Citation: 570.205 Consolidated Plan Objective: Housing Project: #2015-9 The Community Housing Action Partnership Inc.; is a collaboration of housing agencies, bankers, realtors, developers, attorneys and community leaders working to bring housing to low and moderate families and individuals. CHAP will use the CDBG funding to bring together these partners and the community to study and learn how other communities around the state have formed similar successful housing ventures. Infrastructure -- $108,937.72 Habitat for Humanity -- $24,889 Activity: Housing Source: CDBG Entitlement National Objective: LIM Income Housing Regulation Citation: 570.202 (b) (9) (10) Consolidated Plan Objective: Housing Project: #2015-10 Road, curb and sidewalk construction for the Deckers Court Development in Jerome Park, this project will specifically target persons with disabilities and veterans. City of Morgantown - $69,048.72 Activity: Public Facility Improvements Source: C.D.B.G. Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Public Facilities Regulation Citation: 570.201 (c) Consolidated Plan Objective: Infrastructure Project: #2015-11 The City of Morgantown has received grant funding to construct a foot bridge across Deckers Creek at Decker Avenue in Greenmont. In conjunction with this project CDBG funding will be used to provide ADA accessible sidewalks to connect the bridge access with other sidewalks in the area. 5  9 City of Morgantown - $15,000 Activity: Public Facility Improvements Source: C.D.B.G. Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Public Facilities Regulation Citation: 570.201 (c) Consolidated Plan Objective: Infrastructure Project: #2015-12 Public works will repair several sidewalk curb cuts in Woodburn and Jerome Park improving accessibility. The City works to improve accessibility for all residents. Rehabilitation - $94,000 City of Morgantown - $15,000 Activity: Public Facility Improvements Source: C.D.B.G. Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Public Facilities Regulation Citation: 570.201 (c) Project: #2015-13 The City of Morgantown will use CDBG funding to improve disabled accessibility to the Woodburn School. Christian Help -- $9,000 Activity: Emergency Exit Door Replacement Source: CDBG Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Rehabilitation Regulation Citation: 570.202 Consolidated Plan Objective: Anti-poverty Project # 2015-14 Christian Help, an agency serving low and very low-income individuals and families with emergency needs will repair and rehabilitate their building'S emergency exits. The project will include the removal of the old metal doors in the back of the building. United Way Agency Rehab -- $70,000 Activity: Roof Rehabilitation Source: CDBG Entitlement National Objective: LIM Income Limited Clientele Eligible Activity: Rehabilitation Regulation Citation: 570.202 6  10 Consolidated Plan Objective: Anti-poverty Project: #2015-15 The CDBG funding is important to make the repair and preserve the building and service in the downtown area. The roof replacement will involve the removal of the existing roof, repairs and replacement of the wood deck, and the Fully Adhered EPDM Roof System. Geographical Distribution Morgantown Area Youth Services Project, Project #2015-3, this is a citywide program targeting low-income children and families. Mountaineer Boys & Girls Club, Project #2015-4, The Boys and Girls Club facility is located in the Woodburn School in Census Tract # 107.00. Home Rehabilitation Program, Project, The Housing Rehabilitation Programs are citywide by application targeting low and moderate-income individuals and families. Monongalia County Habitat for Humanity, Inc, Project #2011-6, Jerome Park Sub- Division Design located in Jerome Park Census Tract 107.00 The infrastructure work for the Greenmont Walking Bridge #2015-11 is located in Census Tract 109.01 The infrastructure work for Woodburn School disability accessibility project #2015-13, in Census Tract # 107.00 The United Way Roof Rehab project #2015-15 is located in Census Tract 101.00 Homeless The Connecting Link has become the agency providing intake coordination for housing the homeless under the Housing First initiative, coordinating the intake of homeless individuals and families with services to improve the ability of the homeless to access available services. The Homeless Housing Fund is established to assist any agency that needs funds for rehabilitation or infrastructure work in order to improve property to house the homeless. 7  11 Anti-Poverty Strategy The City continues to assist social service agencies with education, job skills training and after school programs for working parents. Programs with a direct impact to their client receive special attention as well as programs meeting the goals in the Consolidated Plan. Due to an increase in young adults becoming homeless emphasis was given to programs assisting youth and teenagers in this program year. The Morgantown Housing Authority will assist families with the necessary modifications or adaptations that will make their home livable as needs change. Many elderly or disabled persons run the risk of moving to assisted living facilities due to failing health or physical limitations. Adaptations may include installing grab bars, handicapped showers, modifying home entryways. Lead-Based Paint Federal law requires lead based paint intervention on federally funded housing programs over $5,000. Morgantown Housing Authority will do lead based paint assessments, testing and clearance for projects as needed. Other Actions The Down Payment Assistance Program will assist low-income first time homebuyers with $2,500 grant for down payment when purchasing property in the City of Morgantown. Monitoring To ensure appropriate use of public dollars while maintaining a consistency with Federal program requirements and regulations, the City of Morgantown Community Development staff will plan, implement, and enforce a monitoring plan for each project. In addition, this monitoring plan will ensure satisfactory progress toward the Consolidated Plan goals, promote program accountability, and further demonstrate compliance with Federal requirements. The Community Development staff will periodically conduct on-site monitoring of sub- recipient agencies. As stated in each contract, payment is made by reimbursement only. Quarterly reports and an end-of-year performance report are also required for each project. Staff will also work with the SUb-recipients on a regular basis as a resource for technical assistance in planning, implementation, project evaluation, and capacity building. 8  12 Citizen Participation Summary of Public Hearing/Input and Approval Process Community Development Director opens each meeting by providing information about the Community Development Block Grant Program and the expected funding levels. The discussion then turned to the status of the program year soliciting comments. All meetings are published in local newspapers, Channel 15, and the City Web Site. Flyers were posted at sites around Morgantown to encourage low- and moderate-income individual participation. The City Administration for compliance with Federal regulations reviews the proposed projects. Council Presentation At the March 31, 2015 City of Morgantown City Council Committee of the Whole meeting, the CDBG proposed FY 2015 Action Plan was presented to the City Council. Council Meetings are public and televised. 30 Public Comment Period The Draft FY 2015 Annual Action Plan for all agencies or groups receiving funding from the 2015 CDBG entitlement begins a 30-day public comment period April 1, 2015 through April 30,2015. During the public comment period, copies of the FY 2015 Annual Action Plan are available at City Hall, the Morgantown Library, and on the City's Web Site. CDBG Technical Meeting The November 7, 2014, CDBG Technical Meeting presented prior to the proposal kick off meeting giving prospective agencies an opportunity to explore their desire to pursue funding. CDBG National Objectives and the City's Consolidated Plan Goals and Strategies are gone over with explanation of eligible and non-eligible activities. Fair Housing The Community Development Office continues to work with community agencies to address and support Fair Housing actions. 9  13 ~be qcttp of morgantown Jeff Mikorski, ICMA-CM City Manager 389 SPRUCE STREET MORGANTOWN, WEST VIRGINIA 26505 (304) 284-7405 FAX: (304) 284-7430 Office of the City Manager www.morgantownwv.gov Based on the direction of City Council at the March 3, 2015 Council meeting, the following proposal provides City Council $1.4 million in additional revenue (beyond the approved 2015-2016 budget). Current Approved in Proposed 2016 budget B&O Service Business Rate 0.55 0.75 1.0 Estimated Amount $1,900,000 $2,575,000 $3,400,000 Options: 15% Fire Fee rate Floor 1-3 .0638 .0734 = $360,422 Fire Fee rate Floors 4 or more .0403 .0463 = $ 29,740 20% Fire Fee Entire Building .0638 .0766 = $480,563 Fire Fee rate Floors 4 or more .0403 .0484 = $ 40,148 Business and Occupation Taxes A modification from the approved .75% to 1.0% tax would create an additional increase in Business and Occupancy Taxes on Service Businesses of an estimated $825,000 for general operations of a whole fiscal year. For the FY 2016 approved budget, only three quarters would be collected increasing the budget by an estimated $618,750. This would bring the B&O Tax on Service Businesses to the State maximum allowed. Fire Service Fees To provide options on the directive of increasing revenue to $1.4 million dollars, an increase equal a 15% or 20% increase in Fire Service Fees is recommended. These changes would increase the Fire Service Fee collections by $390,162 or $520,711 respectively, and would reduce the same amount of general fund revenue to fund 62.41 % and 65.08% of the Fire Department's current budget (up from the current 54.44%). Option #1 (15% Fire Fee Increase) Total increased collections for FY 2016 would total an estimated $1,008,912. With the effective date of July 1, 2015, we will not be able to collect the new rates ofB&O Tax in the first quarter. In FY 2016, the two recommendations would reduce the City General Fund reliance on the one-time construction revenue completely ($700,000). It would also allow an additional $308,912 to improve the general fund budget for the upcoming year. In FY 2017 and beyond, these changes would provide for an estimated $1,245,162 for the general fund. That means an additional $700,000 would be available in the capital escrow account for additional capital projects to include updating our City vehicles and equipment, improving existing or building new public facilities, and adding funds to implement public projects and improve infrastructure.  14 Option #2 (20% Fire Fee Increase) Total increased collections for FY 2016 would total an estimated $1,139,461. With the effective date of July 1, 2015, we will not be able to collect the new rates ofB&O Tax in the first quarter. In FY 2016, the two recommendations would reduce the City General Fund reliance on the one-time construction revenue completely ($700,000). It would also allow an additional $439,461 to improve the general fund budget for the upcoming year. In FY 2017 and beyond, these changes would provide for an estimated $1,345,711 for the general fund. That means an additional $700,000 would be available in the capital escrow account for additional capital projects to include updating our City vehicles and equipment, improving existing or building new public facilities, and adding funds to implement public projects and improve infrastructure.  15 v.. . ME Df ' :E 'T I 1"5 .24 F 735.24 SE RVI E B LLING 0 OTH ' I{ WI 'E 'PE 'I < I ALLY AX D rvicc bu.-in S~ or T hi Ordin8nc . halll e ('!cclive n .Il1l y L _01-. FIRST READING: MA R J' L ED: R - ORD·D  16 AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING SECTIONS 747.01 (d) AND 747.02(a) OF ITS FIRE PROTECTION SERVICE CHARGES CODE, AS THE SAME APPLIES TO THE LEVY AND IMPOSITION OF FEES 747.01 DEFINITIONS (d) "Stories" means the various horizontal levels of a structure including, for the purposes of this article, all identifiable horizontal levels including finished basements and finished attic areas, but excluding crawlspaces (area of 4 f t height or less under a SlrLlctUJ ). unfinished basements in residential structures, and unfinished attic areas. 747.02 LEVY AND IMPOSITION OF FEE. (a) There is hereby levied and imposed upon all users of the fire protection service provided by the City, a fee for the continuation, maintenance and improvement of such service. The fee shall be ~ 7.34 cents per square foot of space within each structure, per annum. Structures exceeding three floors shall be charged an additional ~ 4.63 cents per square foot of space for each additional space above the third floor. The gross square footage of each structure shall be determined by the duly authorized and designated agents of the City in accordance with the definition of terms in Section 747.01 and the gross square footage measurements for each structure shall then be multiplied by the rates shown above to determine the amount of the fee to be charged against the use of the fire protection service. This Ordinance shall be effective on July 1,2015. FIRST READING: MAYOR ADOPTED: FILED: CITY CLERK RECORDED  17 AN ORDINANCE BY THE CITY OF MORGANTOWN AMENDING SECTION 121.04 OF ITS ADMINISTRATIVE CODE, AS THE SAME APPLIES TO THE ORDER OF PROCEDURE FOR COUNCIL MEETINGS; MORE PARTICULARLY, THE LOCATION OF THE "PUBLIC PORTION" UPON THE CITY COUNCIL MEETING AGENDA. The City of Morgantown hereby ordains that Section 121.04 of the City of Morgantown Administrative Code is amended as follows (new matter underlined, deleted matter struck through): 121.04 ORDER OF PROCEDURE. The order of procedure for regular meetings of Council shall be as follows: (a) Call Council to order - Mayor (b) Roll call by City Clerk (c) Pledge to Flag (d) Approval of minutes. (e) Correspondence. (f) Unfinished business. {gl Public portion which hall be su bject to rules e tabli hed by Council and adopted by Resolution Special committee reports New business. Public portion which shaH be subject to [ules established by Coulicil and adopted by resolution. (j) City manager's report. (k) Report from City Clerk. (I) Report from City Attorney. (m) Report from Council members. (n) Adjournment. This Ordinance shall be effective upon date of adoption. FIRST READING: February 5 I 2013 ~ ~\J~~ ~'-" MAYOR ADOPTED: Febru3.ry 19. 2013 FILED: February 20, 2013 It- _ VluiLL ;4.,~~ J " CITY CLERK RECORDED: February 20, 2013  18 121.01 ADMINISTRA TrVE CODE 38 GENERAL PROVISIONS 12l.01 MEMBERSHIP ATTENDANCE. Whenever at the time appointed for the meeting of Council, either in regular or special session, a quorum shall not be present, it shall be lawful for any three members who may be in attendance to order the Chief of Police or any policeman to arrest the absent members, or any of them , and cause them to appear forthwith at the place of meeting and there to remain until tbe meeting shall adjourn or their further attendance is excused. An order for bringing in an absent member shall be issued and signed by the Mayor or, in his absence, by the City Clerk, or in the absence of both, by three members of Council. The same shall be in form and effect as follows: State of West Virginia: To the Chief of Police, or any Policeman, of the City of Morgantown: You are hereby commanded to take into custody , Member of Council of the City, and bring him forthwith to the Council Chamber to attend a meeting of such Council called according to law. _ _ _ _ _ _ __ _ __ _ , Mayor (1967 Code Sec. 2-8 .) 12l.02 TERM AND COMPENSATION OF COUNCILMANIC APPOINTEES. All appointees of Council shall hold office at the pleasure of Council and receive compensation therefor as Council may determine. (1967 Code Sec. 2-11.) 121.03 COUNCILPERSON NOT TO BE BOND SURETY. N a member of Council shall be accepted or approved by Council as surety on any official bond required by law, or any provision of the City Code or other ordinance of the City, for any officer of the City. (1967 Code Sec. 2-13.) 121.04 ORDER OF PROCEDURE. The order of procedure for regular meetings of Council shall be as follows: (a) Call Council to order - Mayor. (b) Roll call by City Clerk. (c) Pledge to the Flag. (d) Approval of minutes. (e) Correspondence. (f) Unfinished business. (g) Public portion which shall be subject to rules established by Council and adopted by Resolution. (h) Special committee reports. (i) New business . G) City Manager s report. I (k) Report from City Clerk. (1) Report from City Attorney. (m) Report from Council members. (n) Adjournment. (Ord. 13-07. Passed 2-19-13.) 2013 Replacement  19 MEMORANDUM TO: City Council Jeff Mikorski, City Manager FROM: Timothy L. Ball, General Manager, MUB DATE: March 26, 2015 SUBJECT: TWO ORDINANCES COUNCIL COW MEETING INFORMATION March 31, 2015 This will serve as a read ahead to help you prepare for the meeting. If you have any questions please feel free to contact me. The attached two ordinances address separate matters. Each is described below. I will attend the Council meeting, and will be happy to provide any further explanation that you may desire. Ordinance - Granting a Right of Way and Easement - Tibbs Run - We request that a right of way and easement (RW) be provided through the Tibbs Run property at Tyrone Rei. which.serves as the site of Lhe WV Botanic Garden. The purpose of the RW is to accommodate construction of a sanitary sewer force main, allowing MUB to extend sewer service to the Sunshine Estates area. We have coordinated and vetted the details of the proposed route directly with the Executive Director of the WVBG. Ordinance - Granting a Right of Way and Easement - Rail Trail at WTP - We request that a right of way and easement (R W) be provided along the rail trail at the Water Treatment Plant near Don Knotts Blvd. The purpose of the R W is to accommodate consh·uction of a fence, allowing MUB to better secure its WTP site and finished water storage there. The WV DHHR has required that these security improvements be provided. We have, through the City Manager, coordinated and vetted the details of the proposed fencing and route with the Executive Director of the Mon River Trails Conservancy (MRTC).  20 From: Ella Belling To: Iial....Ml Subject: Re: RW at Water Plant Date: Tuesday, March 10, 2015 6:24:53 PM Great news! Thanks Tim. I had wondered what had happened to the process and glad to hear it is moving forward. Ella Ella Belling Executive Director Mon River Trails Conservancy P.O. Box 282 Morgantown, WV 26507 www.montrails .org 304-692-6782 On Mar 10, 2015, at 4:24 PM, Tim Ball < tball@mub.org > wrote: Hi Ella It was good to see you today at the MPO. I forgot, while there, to mention to you that we are ready to proceed with the rw agreement for placing fencing along the trail at the Water Plant (WTP). Please recall that the Health Dept has required us to install the subject fencing to better secure our treatment and water storage facilities. We have obtained the new water fountain (with separate human and pet fixtures / bowls) and will get it installed asap, once the winter weather has finally eased. This will replace the former one that was removed during construction at the WTP. I hope to take the rw agreement to City Council on Tues March 17. Thanks and Best Regards, Tim Timothy L. Ball P .E. General Manager Morgantown Utility Board Phone: 304-292-8443 Ext. 121 WWW,mub.org Follow us on Facebook and on Twitter: @MUBWater  21 PMB #121, 714 Venture Drive, Morgantown, WV 26508-7306 March 12,2015 WEST VIRCINIA BOTANIC Douglas R. Smith, P.E. GARJ EN Morgantown Utility Board 278 Greenbag Road Morgantown, WV 26507-0852 RE: Sunshine Estates Sanitary Sewer Improvements Project West Virginia Botanic Garden/Tibbs Run Easement Dear Mr. Smith: I write to certify that WVBG has no objection to the proposed sewer line easement described as Exhibit "A", attached. We understand that this easement is desirable and necessary to protect the water environment from damage caused by a nearby subdivision that is currently underserved by an obsolete package treatment plant. I have inspected the easement route on site with your project engineer, Jim Fetty. We have agreed on the specific route of the easement that is depicted on the attached map, as well as both construction practices and recovery of the disturbed ground that he has supplied. I am available at your convenience to discuss this matter, and I understand that this statement may be included in Council deliberations regarding the proposed easement. Sincerely, George W. Longenecker Executive Director  22 278 Gntllnbag Road • Post Office Box B52 • Mn~n!lntnwn WV 26507-0852 • 304-292-8443 • Fax 304-292-1526 March 17,2015 Mr. George Longenecker West Virginia Botanic Garden 714 Venture Drive, PMB #121 Morgantown, WV 26508-7306 Re: Sunshine Estates Sanitary Sewer Improvement Project West Virginia Botanic Gardenffibbs Run Easement Dear George: Thank you for your rccentlelters ex.pressing your agreement with MUB's plans for a sanitary seWt~r line (and accompanying right of way and easement) through the WVBO at Tibbs Run. This letter will confirm that MUB and WVBG have agreed that, as consideration for the disturbance and related inconvenience expected to be caused by the proposed construction, MUB will pay to WVBG; • S700 to of[~t the cost of a sewer tap upon the proposed line, and • $1,000 to offset initial sewer use charges. The above payments may be used in any manner chosen by the WVBG; the descriptions included are provided merely to correlate to the original requests expressed by WVBO. WVGB will remain subject to all utility fees and charges of MUB, pursuant to applicable rate ordinances. Please note, as has been discussed between you and our engineering staff that the subject proposed sewer line will be a pressurized force main, as will be the tap to be provided thereon. For the WVBO to be served by said force main and tap will require that the WVBO provide, install, operate and maintain its own private sewage pumping station and pressurized force main I service line. The private sewage pumping station must include one (or more) check valves to prevent reverse flow from the public force main into the private pumping station, and one (or more) isolation valves to allow maintenance of the check valve(s) while still preventing reverse flow into the pumping stalion. Thank you for your cooperation. Respectful1y, MORGANTOWN UTILITY BOARD Timothy L. Ball, P.E. General Manager  23 AN ORDINANCE PROVIDING FOR EXECUTION OF A RIGHT-OF-WAY AND EASEMENT AGREEMENT WITH THE MORGANTOWN UTILITY BOARD FOR CONSTRUCTION OF A FENCE ON A PORTION OF PROPERTY IDENTIFIED ON UNION DISTRICT TAX MAP 28, PARCEL 134; AND DECLARING THE ATTACHED EASEMENT AS A PART THEREOF. The City of Morgantown Hereby Ordains: That the City Manager is her by authorized to execute, on bebaJf of the City of Morgantown the Right-of-Way and Easement Agreement attached to, and made a part of this ordinance. Thi Ordinance ball be effective from the date f its adoption. First Readjng: Adopted: Mayor Filed: Recorded: City Clerk  24 RIGHT-OF-WAY AND EASEMENT AGREEMENT THIS RIGHT-OF-WAY AND EASEMENT AGREEMENT, made and executed this _ _ day of _ _ _ _ _ _--', 2015. by and between the City of Morgantown. party of the first part, Grantor, and the City of Morgantown, West Virginia, a municipal corporation, acting by and through the Morgantown Utility Board, hereinafter sometimes referred to as the "Board," party of the second part, Grantee, WITNESSETH: That for and in consideration of the sum of $1.00 and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said party ofthe first part, Grantor, does hereby grant and convey, with covenants of General Warranty, unto the said party of the second part, Grantee, and to its successors or assigns, a right-of-way and easement to construct, maintain, remove, reconstruct, replace, or repair fencing in, on, under, over, and through a certain tract and parcel of land situate in Morgantown Taxing District, Tax Map 28, Parcel 134, Monongalia County, West Virginia, and which said tract and parcel ofland is further described in a deed recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 1161 at Page 375, to which said deed reference is hereby made for all pertinent purposes. The location of said right-of-way and easement proposed upon said property is as follows: :t409' of fencing; aU as depicted and further described in Exhibit "A," attached and incorporated herein, The said Grantor further grants and conveys unto said Grantee, its successors or assigns, the right of ingress, egress. and regress, to and from said right-of-way and easement for all proper purposes and at all reasonable times and a temporary construction right-of-way and easement of such width as is reasonable and necessary to carry out the construction, repair. or replacement of all or part of the above-described fencing. The said Grantor does also grant and convey unto the said Grantee, its successors or assigns, the right to use said right-of-way and easement herein granted. along the course of the proposed fencing, for the further purpose of transporting fencing, fittings, machinery, and equipment to and from neighboring lands. in and about the construction, operation, maintenance, removal, and replacement of the fencing proposed to be installed on said right-of-way and easement X:\Eng\LcgaJ\ROW\UlililicsI2014\409' fence eascmenl Cily of Morgantown.doc  " 25 The Grantor does grant and convey said right-of-way and easement to the Grantee, its successors or assigns, upon the following terms and conditions: None This Agreement shall be binding upon the parties herelo, their successors or assigns. DECLARATION OF CONSIDERATION OR VALUE The undersigned hereby declare: That the conveyance made in the document to which this declaration is appended is exempt from taxation under the provisions of Chapter 11, Article 22, of the Code of West Virginia, for the reason that it is a conveyance made to a political subdivision of the State of West Virginia. (Without Consideration). IN WI1NESS WHEREOF, the City of Morgantown. has caused its name to be hereunto subscribed by Jeff Mikorski. ils City Manager, by authority duly given. and the said Morgantown Utility Board, acting for and on behalf of the City of Morgantown. a municipal corporation. has caused its name to be hereunto subscribed by Timothy L. Ball. P.E., General Manager, by authority duly given. WITNESS the following signatures: On behalf of the MORGANTOWN UTILITY BOARD CITY OF MORGANTOWN By: _ _ __ _ __ __ By: _ _ __ __ _ __ Timothy L. Ball, P.E. Jeff Mikorski General Manager City Manager STATE OF WEST VIRGINIA, COUNTY OF MONONGALIA, to-wit: The foregoing instrument was acknowledged before me this _ _ day of _ _ _ __ -' 2015, by Jeff Mikorski, City Manager, acting for and on behalf of the City of Morgantown. My commission expires: _ _ _ _ _ __ __ _ _ __ Notary Public in and for the State of West Virginia. X:\Eng\LegaJ\ROW\Ulililies\20 I4\409' renee easement City orMorgonlown.doc 2  26 STATE OF WEST VIR.GINIA, COUNTY OF MONONGALIA, to-wit: The foregoing instrument was acknowledged before me this __ day of _ _ _ _ __ --' 20 IS, by Timothy L. Ball, P.E., General Manager of the Morgantown Utility Board. acting for and on behalf of the City of Morgantown, a municipal corporation. My commission expires: _ _ __ _ _ _ _ _ _ _ _ __ Notary Public in and for the State of West Virginia This instrument prepared by: Morgantown Utjlity 50ard 278 Greenbag Road P.O. Box 852 Morgantown, WV 26507-0852 X:\£nglL.egnl\ROW\UljJill~OI4~' fenee ~ment C'uy OrMorpnlown.doc: 3  27 FILTER BACKWASH WATER TANK -- -- .. - .. . . ..--.. EDGE WAD Of' ......... RIVER WATER AND HIGH SEJMa: PIIoIP STA110N [ '- -- ~\ ~~ COIotBINED W~ HOt.OO«; I ~Bot.CKWASH -~_d Ol~ STATIOH 00 -- .. ------t L.uxra NO LIt1~L I X It ~--fIl~J X i~ I'RCIPII5ID rou FDIC£ 1IIlIIN 1H£ Da5IIIO Ml/'IW.5 !lOW 1Or~ CIlY OF MORGANTOWN Morgantawn District Map 28 Parcel 134 DB 1161 PG 375 1IM3-""'-_. 1 d ~==, 'II) "1 corll/y 11>., , om 011.,.90'1 III """"'9 .. •....,.· '1 t... 1M lIc!<_t.... Ul1l1t B..n. o poilu.... >Ubdw.·... of III. SIal. of _ ---x Vlr91. ·o. _ _ I am _ , !tom ~fiiij flIICIfG It ~ /'09IIlot'"'" Oftd lic.. oirI9 "".. _, MEMBRANE --~ BUILDING OLD DINSMORE TIRES BUILDING 111', E1III'IIl' 1. ""I "',.._ to b. 0 Pf-,y"rvoy. It·~ ,..... _ to be _oed lor Infvnnatlon P\I'PO- cdy. . ........-. -.........--- DIWIN 111": J. Scott Wright ID/RE'10-17-14 11D1S1OH: !WE: PRO.I£Cr N DE5ION 111": DItolE: t.IORGANTOWH • vrlury. BOARD CIIECI<ED 11'1: DAlE: ~ EXHIBIT "Au AW-2230 -11'1: DAlE: seAL£: 1" 50' SHI'._1_ Of'_1_  28 AN ORDINANCE PROVIDING FOR EXECUTION OF A RIGHT-OF-WAY AND EASEMENT AGREEMENT WITH THE MORGANTOWN UTILITY BOARD FOR CONSTRUCTION OF A SANITARY SEWER LINE ON A PORTION OF PROPERTY IDENTIFIED ON UNION DISTRICT TAX MAP 23, PARCEL 44, AND DECLARING THE ATTACHED EASEMENT AS A PART THEREOF. The City of Morgantown Hereby Ordains: That the City Manager is hereby authorized to ex cute on behalf of the ity of Morgantown the Right- f- Way and asement Agreement attached to and made a part of thi ordinance. his Ordinance shall be effective from the date of its adoption . . irst Reading: Adopted: Mayor Filed: Recorded: City lerk  29 RIGHT-OF-WAY AND EASEMENT AGREEMENT THIS RIGHT-OF-WAY AND EASEMENT AGREEMENT, made and executed this ___ day of _ _ _ _ _ _ _, 2015, by and between the City of Morgantown, West Virginia, a political subdivision of the State of West Virginia, party of the first part, Grantor, and the City of Morgantown, West Virginia, a political subdivision of the State of West Virginia, acting by and through the Morgantown Utility Board, a municipal corporation and a political subdivision of the State of West Virginia hereinafter sometimes referred to as the "Board," pacty of the second pact, Grantee, WITNESSETH: That for and in consideration of the sum of$l.oo and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said party ofthe first pact, Grantor, does hereby grant and convey, with covenants of General Warranty, unto the said party of the second pact, Grantee, and to its successors or assigns, a right-of-way and easement to construct, lay, operate, maintain, remove, reconstruct, replace, or repair pipelines forthe carrying and transporting of sanitary sewage in, on, under, over, and through a certain tract and parcel of land situate in Union Taxing District, Tax Map 23, Paccel44, Monongalia County, West Virginia, and which said tract and parcel of land is further described in a deed recorded in the Office of the Clerk of the County Commission of Monongalia County, West Virginia, in Deed Book No. 454 at Page 410, to which said deed reference is hereby made for all pertinent purposes. The location of said right-of-way and easement proposed upon said property is as follows: ±1,905-Coot sanitary sewer line easement; all as depicted and further described in Exhibit "A," attached and incorporated herein. It is covenanted and agreed between the parties hereto that the Board shall have a centerline right-of-way and easement on said property 20 feet in width, as constructed, and an easement(s) approximately perpendicular to the installed main line in order to emplace necessary service line(s) between the main and the served parcel, in order to facilitate sewer service. It is further covenanted and agreed that the Board shall properly backfill and restore to ground level, insofar as is practicable, any ditch opened on said right-of-way and easement upon the completion of any construction work performed thereon. The said Grantor further grants and conveys unto said Grantee, its successors or assigns, the right of ingress, egress, and regress, to and from said right-of-way and easement for all proper X:\EnglProjects\Work OnIers\AS.WORK ORDERS\AS-I056 • Sunsbine ESIDles Sewer EKlension\4ll00 • Design\41191 - ROWs\04 City of Morgrul\own • Union Map 23 Pared 44\02 Cily of Morgantown Union District Map 23 Parcel 44.doc  30 purposes and at all reasonable times and a temporary construction right-of-way and easement of such width as is reasonable and necessary to carry out the construction, repair, or replacement of all or part of the above-described sewer lines. The said Grantor does also grant and convey unto the said Grantee, its successors or assigns, the right to use said right-of-way and easement herein granted, along the course of the proposed sanitary sewer line, for the further purpose of transporting pipe, fittings, machinery, and equipment to and from neighboring lands, in and about the construction, operation, maintenance, removal, and replacement of the sanitary sewer pipeline or lines proposed to be laid on said right-of-way and easement. The said Grantor, its successors or assigns, shall use and enjoy the premises of said right- of-way and easement, except for the purposes hereinabove granted to the said Grantee, its successors or assigns, except that the said Grantor covenants and agrees not to erect any structure or place any object upon the right-of-way and easement hereby conveyed which would in any way interfere with the use and occupancy of said right-of-way and easement by the said Grantee, its successors or assigns, for the purposes hereinabove stated. Grantor further covenants and agrees not to change the contour or grade of the surface of the land upon which the above-described right-of-way and easement is located without first obtaining written permission to do so from Grantee, its successors or assigns. The Grantor does grant and convey said right-of-way and easement to the Grantee, its successors or assigns, upon the following terms and conditions: NONE. This Agreement shall be binding upon the parties hereto, their successors or assigns. DECLARATION OF CONSIDERATION OR VALUE The undersigned hereby declare: That the conveyance made in the document to which this declaration is appended is exempt from taxation under the provisions of Chapter II, Article 22, of the Code of West Virginia, for the reason that it is a conveyance made to a political subdivision of the State of West Virginia. (Without Conrideration). IN WITNESS WHEREOF, the said the City of Morgantown, West Virginia, a political subdivision of the State of West Virginia, has caused by ordinance its name to be hereunto subscribed by its City Manager, by authority duly given, and the said Morgantown Utility Board, a municipal corporation, has caused its name to be hereunto subscribed by Timothy L. Ball, P.E., General Manager. by authority duly given. X:lEnglProjecls\Work Orders\AS_WORK ORDERS\AS-I056 - Sunshine Eslates Sewer Exlension\4 J 100 - Design\41191 - 2 ROWs\04 City of Morganlown - Union Map 23 Parecl44\DZ Cily of Morganlown Union DiSlrict MDp 23 Pan:el 44.doc  31 WITNESS the following signatures: MORGANTOWN UTILITY BOARD CITY OF MORGANTOWN By: _ _ _ _ _ _ _ __ By: _ _ __ _ _ _ __ Timothy L. Ball, P.E. Jeff Mikorski General Manllger City Manager ATIEST: City Clerk City ofMorganlown [SEAL] X:\Eng\ProjCcts\WorIt Orders\AS_WORK OkDERS\AS·1056· Sunshine Eslales Sewer ExlenslonWllOO - Deslgn\41191 - 3 ROWs\04 City ofMotgantown • UnlOQ Mop 23 PIIRtI 44\02 City of Morganlown Union DISlria Map ,23' Pan:eI·#.doc  32 STATE OF WEST VIRGINIA, COUNTY OF MONONGALIA, tlrwit: The foregoing instrument was acknowledged before me this _ _ day of _ _ _ _ _ • 2015, by Jeff Mikorski, City Manager. who is duly authorized toaet fot and on behalf of said City .ofMorgantown. My commission expires: __________ _ __ Notary Public in and for the State of West Vitgitlia. STATE OF WEST VIRGINIA, COUNTY OF MONONGALIA, to-Wit: The foregoing instrument was acknowledged before me this _ _ day of _ __ __ _,2015, by Timothy L Ball, P.E., General Manager of the Morgantown Utility Board, acting for and on behalf of the City of Morgantown, Ii municipal corporation. My commission expires: _ _ _ _ _ _ _ _ _ _ _ _ __ Notary Public in and for the State of We51 Virginia This.in5trument prepared by: Mor.gantoWtl Utility Board 278 Greenbag Road P.O. BOll 852 Morgantown. WV 26507·0852 X:\EngU'rojecls\Work Ordcrs\AS_WORK o.RPJi;RS~IOS6· SUlI$hine Ji;SlOIeS Sewer ExlCilSion\41100. Oesign\41191 • 4 ROWi\04 Cil)' of Morgjll'ltown - Union Map 23 P_I44\P2 CII)' of Mllf1IIIItown Union PlslJict Map 23 Pareel44.doC  33 "U'J-~_ '-- ,f I.. ...-:. J,. MOI'IJ / ~ PROPOSED S£W£7i' FORC~ MAIN MORC. /IIC. UN/ON OiS17?ICT TAX IMP :£.J PARCEL 5J VEED 756 PAGE 70 ~ " ~ "-...... ~ "-...... f?ICHARD 0 AND UAR'( .J.ACOUF:J..IN[ CAst ;';T,; UNiON D1ST.RJCT / ~ TAX MAP 23 PARCEL -43 DEED 1445 PACE BJJ PROPOSED :1:1,905 LF OF CENTERLlN~ RIGHT-oF-WAY / (20' WtDTH) Defe. IfiC. MO.~GAN DISrF?'CT J..'.)( MAP 6C PARCEL I D£CO l3J8 PACe :£5J I / CITY OF IIORGANTOWN UNION DISTRICT TAX UAP 2:1 PARCEL .u DEED 454 PA~ 410 "' ceflily thot I "'" ~ In ...~ :':~~~J ::t~"'r,"J:"St~::r~t Wglnlo. GIld boll... I .... _11Nm e:::t ~ol '''''' ..,d IIoInq ___ W.\ JUDY A ntaRN Wglnlo Code »-131.-36". MOl?CAN CtlS r.'?lc r TA'( MAP GC P/i.r?C~'" .? ~-~:W' D[CD tJ6:i PACt 228 DBE. /NC. MORCAN DISTRICT TAX MAP 6 PARCf[ DEED 7069 P~GE 228 11011 UII ..a II not ; " t _ t. be 0 P"'PO'ty -r. It II Inl.. dld to bl Ylid for Intormallan P""'_ anly. _.-.- DRAWN BY: JAMES W FEflY JR DMWINO~ PROo£I' NUIaII CIWr!NC /MIIOI. DESIGN II'I'l CHECKED III': !WE: DATE: EXHIBIT "A" .............. _.... MORGANTOWN· UnUTY • SOARO PROPOSED C/L RIGHT-OF-WAY FROM CITY OF MORGANTOWN TO THE MORGANTOWN UTILITY BOARD AS-1056 N'PRCMII II'I'l DATE: seAl£: ," 250' SIfI'._1_ OF_1_  34 tlCbe Qrttp of morgantown Jeff Mikorski, ICMA-CM City Manager 389 SPRUCE STREET MORGANTOWN, WEST VIRGINIA 26505 (304) 284-7405 FAX: (304) 284-7430 Office of the City Manager www.morgantownwv.gov 03/26/2015 Purchase of real property within the Sunnyside Tax Increment Financing (TIF) District In order to implement the TIF project of improving the University and Third Street intersection, the City of Morgantown has negotiated with the property owner of2183 University Avenue, located at the intersection of University Avenue, Beverly Avenue, and Third Street in Fourth Ward of Morgantown. An appraisal of the subject property has valued the property at Nine Hundred Thousand Dollars ($900,000.00). The City intends to pay an amount equal to the fair market value of the property in exchange for conveyance of the property to City through Tax Increment Financing funds. Campus Neighborhood Revitalization Corporation desires to assist in the transfer of the property to City by contributing the funds in excess of the property's fair market value to meet Seller's asking price of$1,100,000 because the transfer will promote CNRC's mission and goals. I would ask that City Council authorize the Ordinance authorizing the City to purchase the realty to be placed on an upcoming regular session of City Council for consideration and action.