City Council

REGULAR MEETING December 6, 2016: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, December 6, 2016 at 7:10 p.m. PRESENT: Interim City Manager Glen Kelly, City Attorney Ryan Simonton, City Clerk Linda Tucker, Mayor Marti Shamberger, Council Members: Ron Bane, Deputy Mayor Bill Kawecki, Wes Nugent, Jenny Selin, Jay Redmond, and Nancy Ganz. The meeting was called to order by Mayor Shamberger. APPROVAL OF MINUTES: Regular Meeting Minutes 11/15/16 and Special Meeting Minutes 11/29/16 were approved as printed. CORRESPONDENCE: Drew Gatlin, Chair of Bicycle Board, updated Council on the Boards initiatives and endeavors and thanked them for their support. He presented a plaque to Mayor Shamberger stating being designated as a Bicycle Friendly Community in recognizing and encouraging bicycling in your community. Mayor Shamberger mentioned names of business leaders supporting Interim City Manager Glen Kelly as City Manager were John Hammock, CEO/Key Logic Systems; Darryl Duncan, CEO/Mon Health Systems; Glenn Copen, VP of KLS; Jason Donahue, Owner of FEOH Realty; Pat Martin, Sr. VP/BB&T and Michael Evanoff, Entrepreneur &FBI Contractor. PUBLIC HEARINGS: NONE UNFINISHED BUSINESS: NONE BOARDS AND COMMISSIONS: The following were re-appointed by acclamation to the Historic Landmark Commission: Shannon Tinnell and Jeanne Grimm, and to the Woodburn Commission: Kerry Lilly, Mary Angel Blount, and Chris Haddox. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. Dave Biafora – 6200 Mid Atlantic Drive, noted he and his brothers support of Glen Kelly being the next City Manager and hope that he is not held accountable for having to tell the truth and testify before the 3 Judge panel. He then requested on when there is going to be a meeting about Planning & Zoning and how the City should do this properly and solve the many issues the City has. He commented on the Falling Run TIF that Council needs to look at the numbers, roads and infrastructure before making a decision. James Giuliani – 256 Prairie Drive, stated had inspections scheduled Wednesday and was told the Code did not have enough staff. He noted that rentals are supposed to have inspections every three years, so what is going on? He announced that he was informed on Thursday afternoon that the Fire Board Appeal Board Meeting was canceled due to lack of quorum. City Council had a Special Meeting to place a new member on this Board. He noted that it is so hard to get a quorum because people don’t want to hear the case. He claimed the Fire Board was made for him because there was no board for 13 years. He commented that he supports Glen Kelly as the new City Manager not only is his heart in the right place, but he is ready to do the job. There being no more appearances Mayor Shamberger declared the Public Portion closed. SPECIAL COMMITTEE REPORTS: NONE NEW BUSINESS: AN ORDINANCE AMENDING ARTICLES 905 AND 906 PROVIDING FOR BUSINESS USE OF PUBLIC PLACES: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING ARTICLES 905 AND 906 PROVIDING FOR BUSINESS USE OF PUBLIC PLACES. Interim City Manager explained, after discussion, motion by Selin, second by Redmond, to approve the above entitled Ordinance to second reading. Motion carried 7-0. 1  AN ORDINANCE APPROVING AND CREATING A NEW TAX INCREMENT FINANCING DISTRICT APPROVING THE UPPER FALLING RUN PROJECT PLAN NO. 1: The below entitled Ordinance was presented for first reading. AN ORDINANCE APPROVING AND CREATING A NEW TAX INCREMENT FINANCING DISTRICT IN THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA TO BE KNOWN AS “THE CITY OF MORGANTOWN DEVELOPMENT DISTRICT NO. 5”; APPROVING THE UPPER FALLING RUN PROJECT PLAN NO. 1 AS APPROVED BY THE WEST VIRGINIA DEVELOPMENT OFFICE; ESTABLISHING A TAX INCREMENT FINANCING FUND AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH. After discussion, motion by Selin, second by Kawecki, to approve the above entitled Ordinance to second reading. Motion carried 4-3 with Bane, Nugent, and Redmond voting no. AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND. Interim City Manager explained, motion by Selin, second by Redmond, to approve the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AUTHORIZING THE DESIGN ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN ADDITIONS, BETTERMENTS, AND IMPROVEMENTS TO THE POTABLE WATER PORTION OF THE EXISTING COMBINED UTILITY SYSTEM: The below entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING THE DESIGN ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN ADDITIONS, BETTERMENTS, AND IMPROVEMENTS TO THE POTABLE WATER PORTION OF THE EXISTING COMBINED UTILITY SYSTEM OF THE CITY OF MORGANTOWN AND THE FINANCING OF THE COST THEREOF, NOT OTHERWISE PROVIDED, THROUGH THE ISSUANCE BY THE CITY OF NOT MORE THAN $50,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2017 A; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND THE SECURITY FOR, THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT AND OTHER DOCUMENTS RELATING TO THE BONDS; AND ENACTING OTHER PROVISIONS WITH RESPECT TO SUCH BONDS. Council suspended the rules to have Tim Ball explain, after discussion, motion by Selin, second by Redmond to approve the above entitled Ordinance to second reading. Motion carried 7-0. A RESOLUTION BY THE COUNCIL OF MORGANTOWN, WEST VIRGINIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD ASSESSMENT PROGRAM.: The below entitled Resolution was presented for first reading. After discussion, motion by Selin, second by Ganz, to approve the above entitled Resolution. Motion carried 7-0. CITY MANAGER’S REPORT: New Business: 1. Garbage Interim City Manager Glen Kelly noted that he learned today the City is discussing with the PSC is a caveat agreement along with the company prior to Republic to give them rights to haul our 2  garbage, for lack of a better term, forever. He reported that Carol Allen, Executive Secretary handles trash call daily. He noted that our businesses and community deserve better, a hope to put and RFP out soon, after I get all the questions settled with the PSC. He stated that he was hoping by now to have brought this to Council to do the garbage ourselves, for the only way to get it right is to control it. 2. User Fee Collection Interim City Manager reported that the User Fee is doing better than expected and is hoping to add additional officer in the next fiscal year. He noted a priority is the Weigh Station and safety check- in for Trucks to insure safety to the public as Council requested. 3. Airport Hanger Construction Contingency Fund Interim City Manager Glen Kelly informed council that he met with the U.S. Air Force Reserve. We have the funds budgeted from the airport and city funds however we need to add a 10% contingency fund. We need to move $170,000 from Capital Escrow to the airport project fund and a work session in January. After discussion, motion by Bane, second by Kawecki to move $170,000 for the airport project. Motion carried 7-0. 4. Ward & Boundary Report Interim City Manager Glen Kelly mentioned the Ward & Boundary report as briefed during the Committee of the Whole is submitted for your approval. After discussion, motion by Kawecki, second by Selin to approve the Ward & Boundary report. Motion carried by 7-0. 5. Habitat Grant Interim City Manager Glen Kelly reported that Habitat for Humanity is projecting 5 building permits prior to next fiscal year (FY), he is proposing a grant as requested by council in the COW for $1,270 to support these projects for this non-profit for the remainder of this FY. After discussion, motion by Kawecki, second by Bane to approve $1,270 for remainder of 2016 for permits for Habitat for Humanity. Motion carried 7-0. 6. Letter of support for Historic Preservation and repairs of City Hall Interim City Manager Glen Kelly requested approval from council to commit 50% matching funds for the proposed historic and preservation grant that will prevent future flooding in the City Hall basement and to preserve historic city documents that were damaged in past flooding. After discussion, motion by Kawecki, second by Bane to approve 50% match for funds for the City grant. Motion carried 7-0. REPORT FROM CITY CLERK: City Clerk Linda Tucker explained to Council the confusion about the agenda in reference to the Bonds. Tim Ball, MUB Director explained that, per their attorneys, they felt that each item be brought forward separately and all 7 items have first reading on December 20th, 2016. Council was informed when the COW packet was distributed on 11-29-16 that we would not copy the bonds again and told them to save copies for 2nd & 3rd readings. Mr. Ball noted that the due to the to the explicit citation of each item they must be done separately, and Mr. Ball will send a new memo to the Clerk prior to that meeting. REPORT FROM CITY ATTORNEY: NONE REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane noted he has been on council for 16 years and has apologized for various things. He stated this evening he was publicly apologizing as a Councilor to the City Clerk because an employee should not feel threatened at any time. Deputy Mayor Kawecki: Deputy Mayor Kawecki thanked the city for the opportunity to attend the NLC Summit in Pittsburgh November 16-18, 2016. He noted the Summit was expiring, gave us new solutions and refreshing and energizing ideas. He stated it was nice to meet other cities and discuss and gather their prospective of how they handle their issues. He stated that he is disheartened when he comes back to Morgantown in trying to implement some of these ideas and receiving little cooperation. 3 Councilor Nugent: Councilor Nugent announced the Postal Service/United Way Food Drive is Saturday December 10th for non- perishable items at the base of your mail box. Councilor Nugent thanked Councilor Selin for her thoughtful and genuine prayer this evening, and hope we can keep this in mind during this Season of giving. Councilor Selin: Councilor Selin noted she attended the NLC Summit in Pittsburgh and attended various mobile workshops and Light up Night in Pittsburgh. She mentioned that at the Light up they had trucks set up as vendors selling various items. She suggested that the city get a list of businesses for when the city is having a downtown event. She mentioned on Friday December 9th at 11:30 am there will be a discussion on Bike Share. She reported that the Evansdale Neighborhood Association has had meeting and had their Holiday Party, and are pleased that paving will be done next year. She noted that the coordination for the paving program needs to begin right away. She noted that she believes that the City should be able to work with the PSC and have the option to contract with another contractor having some competition. She agrees with the Safety Check Station after utilizing monies for paving streets and hiring enough police officers. She mentioned as working through the budget and Safe Streets monies being spent that in that mix should be traffic calming, especially Baldwin. She noted that everyone is aware to get their street to the Engineering Department before the paving list is made a priority. Councilor Redmond: Councilor Redmond mentioned that the Christmas Lights in Sabraton are pleasant and give the area a since of community. He understands the frustration with garbage and concurs as such with Council, but was unaware that work was being done on the issue and congratulates Administration on the study of doing it ourselves and an improved situation. He noted that that the Ward & Boundary report was prudent considering the data that was present and is glad the committee is meeting in January with the demographer and looks forward to the results of that meeting, suggestion & changes recommended. Councilor Ganz: Councilor Ganz had the privilege of attending “James and the Giant Peach” at the Met Theatre. Kudos to the Morgantown Theatre Company and Hillary Phillips for the production and for providing the great opportunity for young people in our community to be involved in such a professional production. She encourages everyone to attend future productions. Kudos to those who attend conferences and bring back good ideas such as bike share. The Bike board and others have been considering these ideas. Home-rule has been a great success. The fires that were increasing have decreased by taking the fuel off the street and giving fire marshals more teeth. The Safe user fees enabled with home-rule have been working very well. Streets are being paved and there are over 200 curb-cuts making the sidewalks safer and ADA compliant. A paving study needs to be done on priority streets based on busyness, bumps, bus routes as paving affects all our police, fire, buses and personal vehicles. We also need to develop a sidewalk program. She applauded the interim city manager for all the work being done in the development of our airport in the long tradition of our state involvement with the 4  National Guard. She spoke on the importance of recreation within walking distance of all community members. This might prevent need for more police. Boparc serves our area with programs, and she applauded Woodburn commission for bringing activities to the community. She mentioned that she was not sure the Safe User Fee could be used for weigh stations, but suggested that an agreement might be made with those already providing weighing stations like the one at the power plant. She agreed that there should be a charter committee to look at any needed changes. but reminded Council that the State ethics commission ruled that the City Council and Wards and Boundaries commission could be equally politically motivated. She appreciated the councilor from first ward apologizing for her behavior, but suggested that it was totally mischaracterized. She said she was sorry for any hurt feelings, but stated that both sides of the story have not been heard. She stated that city people should be aware of the ramifications of alerting the media in a mischaracterized fashion. She noted that she enjoys being on Council and looks forward to voting for the largest water protection program and sewage expansion program in the state. She looks toward hiring a City Manager. She hopes that these good things going are not sidelined with this misinformation and mischaracterization. Mayor Shamberger: Mayor Shamberger mentioned the Christmas Lights in Sabraton that they are very attractive and hope it continues year after year. She encouraged Council to appoint a Charter Board to review the Charter since it has not been looked at since 1976. She announced attending the NLC Conference there were 3000 attendees from all over the United States. She noted the maker movement, housing with the millennials, zoning, recreation centers in downtowns, arts, public arts and Shepherdstown WV was featured. She complemented MHS Band that is in Hawaii marching in honor of USS WV in the Pearl Harbor Parade. Mayor Shamberger announced the following: Nutcracker/Land of Suites, 12-10&11,2016; Old-Time Square Dance 12-10,2016; 249th Army Band Winter Wonderland Concert, 12-11,2016; Rhythms of the Holidays, Wesley United Methodist Church 12-10,2016; Concerts in the Loft at Wesley UMC 12-11, 2016; Shop/Old Stone House to Benefit RDVIC, 12-12, 2016; Christmas Parade, 12-12, 2016; Holiday Story Times, Morgantown Library, 12-13, 2016; Popshop WV Winterfest, 12-17&18, 2016 and Landau Eugene Murphy Jr. Holiday Concert at the Met Theatre, 12-17-16. Councilor Redmond: Councilor Redmond reminded Council and audience that the City and the United Way are sponsors of the Landau Eugene Murphy Jr. Holiday Concert and if you haven’t heard him sing in a while he sounds great, so mark your calendars on December 17th at 7:30 pm and come to the Met Theatre. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:20 p.m. 5 __________________________________ ____________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 6