City Council

REGULAR MEETING December 20, 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 20, 2016 at 7:00 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: November 29, 2016 COW Meeting Minutes, December 1, 2016 Special Meeting Minutes, December 6, 2016 Special Meeting Minutes were approved as printed and December 6, 2016 were approved as amended. CORRESPONDENCE: City Clerk Linda Tucker presented oaths to Jayson Nicewarner and Doug Sharpe as they receive the pinning ceremony being promoted to the position of Lieutenant for the Fire Department. Human Rights Commission Awards Presentation, Jan Derry presented an award to the organization PSALM (Proud Students Against Land Mines) and Evan Hanson. Deputy Mayor Kawecki read an email from Rick McEwuen in reference to the proposed gun law being able to carry in public spaces or buildings. He urges council to vote against the Ordinance. Mayor Marti Shamberger announced a Proclamation supporting Homelessness to John Sonnenday. Councilor Ganz read an email from Brian Powell who opposes firearms. Mayor Marti Shamberger read a letter received from the Senior Monongalians, Inc. in reference to the Upper Falling Run TIF District #5 that will facilitate the development of the 242-unit continuum of care retirement community proposed by the Fairmont- Morgantown Housing Authority. Mayor Shamberger read a card that is presented to City Council from the PSALM Students. PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLES 905 AND 906 PROVIDING FOR BUSINESS USE OF PUBLIC PLACES. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING - 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. Mayor Shamberger declared this Public Hearing open. Tom Bloom, 1021 Ashton Drive, states that he is here to speak again to City Council as an individual County Commissioner. He wants City Council to know that all of the County Commissioners are against the TIF for only this project. He states that he has tried to share with City Council on the concerns about using a TIF to develop the project and feels that the City will never be able to pay back the bonds. (Exhibit A) There being no other appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING - 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. Mayor Shamberger declared this Public Hearing open. There being no appearances, Mayor Shamberger declared the Public Hearing closed. UNFINISHED BUSINESS: 1  AN ORDINANCE AMENDING ARTICLES 905 AND 906 PROVIDING FOR BUSINESS USE OF PUBLIC PLACES: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING ARTICLES 905 AND 906 PROVIDING FOR BUSINESS USE OF PUBLIC PLACES. Interim City Manager summarized, motion by Selin, second by Redmond, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE APPROVING A NEW TAX INCREMENT FALLING RUN PROJECT: The below entitled Ordinance was presented for second 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 Ganz to adopt the above entitled Ordinance. Motion carried 4-3 with Bane, Nugent, and Redmond voting no. AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET: The below entitled Ordinance was presented for second 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 summarizes, motion by Selin, second by Kawecki, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE AUTHORIZING IMPROVEMENTS TO THE POTABLE WATER PORTION OF THE EXISTING COMBINED UTILITY SYSTEM OF NOT MORE THAN $50,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2017 A: The below entitled Ordinance was presented for second 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. Motion by Ganz, second by Selin, to move the entitled Ordinance to third reading. Motion carried 6-1 with Nugent voting no. BOARDS AND COMMISSIONS: Linda Tucker City Clerk discussed with Krista Baker Communication Manager, to continue advertising for the Boards and Commissions for Board of Zoning Appeals, Fire Code Board of Appeals and the Woodburn School Redevelopment Commission until December 30th, 2016. There is one application received for the Board of Zoning and hope to start the interviewing process either the 3rd or 17th of January. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. 2  Arthur Tom, 164 Susan Lane Martinsburg, WV., represents the National Rifle Association and is co-author of Senate Bill 317 that passed in 2014 and created one set of rule across our great State. He is a resident of West Virginia and an alumni of West Virginia University and he holds dear this state, town, and our Mountaineers. After reviewing the draft version, to amend Article 545 of the Morgantown City Code addressing the addition 545.18 which seeks to bring the City of Morgantown within compliance of WV State Code 8-12-5a. He feels that Council should pass the amendment as drafted into the original form by bringing the City of Morgantown in compliance with State Law. By this manner you will protect the people from crime and protect the City of Morgantown from potential litigation permitted under State Law. Barry Wendell, 1319 Heritage Place, states that he is against citizens having guns in public places and that it causes more danger and the evidence shows that. He brought forth at a Library Board meeting and shared some statements by other board members; they feel that guns do not need to be in the library and it was unanimous among the trustees. Keith Morgan, 139 Canonwood Lane, Charleston, WV. 25302, President of the WV Citizens Defense League for the State’s largest 2nd Amendment Advocacy Organization and have many members in Morgantown. States that he is here tonight standing up for the human rights and mentions to council that whoever sent an email seems to harbor some pretty disturbed fantasy’s about shooting up public buildings per his understanding, Morgantown that there has not been any prohibition on carrying firearms in City buildings and he seems to wonder how many times someone stuck a gun in a city employees face. He thinks that answer is zero or near zero which places your proposed Ordinances as a solution in search of a problem. He mentions that he is the other co-author of the Senate Bill 317 and he wants everyone to understand that a lot of those are coming from the policy center. If anyone has any questions about the statistics to contact him. If philosophical terms he feels that the proposed bill is a bad idea. He states that if you decide to pass this type of City carry ban, he urges council to stay within the confines of the law. Donald Ornick, 224 Greenbrier Drive, states that he is here to speak against the amendment City Code Article 545. He is concerned with the clear intent to restrict the constitutional right to carry firearms and to restrict the citizens right to carry under the State Law. Patrick Lore, 104 Thistledown Lane, longtime resident, graduate of WVU in Pharmacy, married and has 2 children. He states if the City Council passes the proposed Ordinance that restricts citizens to not carry firearms he will not be bringing his family downtown. Keith Campbell, from Wheeling, WV., Secretary for the WV Citizens Defense League, mentions to Council that just because they want to limit firearms in City Buildings does not mean it will not stop. Michael Callen, 1420 Western Avenue, talks about the Morgantown Municipal Airport and how Interim City Manager Glen Kelly has been excellent in getting the runway extension moving forward. There being no more appearances Mayor Shamberger declared the Public Portion closed. SPECIAL COMMITTEE REPORTS: Councilor Ganz reported that the downtown task force met and discussed homelessness, shelters, education, and they will meet again on January 10th, 2017 at Spruce Street Church at 6:30 p.m. She also noted a ribbon cutting for a Habitat home and that the new Suncrest School held its first Christmas Concert and there will be a ribbon cutting ceremony soon along with an Open House. Councilor Selin reported that part of the safe community’s project partnered with Red Cross for “Project Blitzen” helps homeowners get smoke alarms and be installed by our local Morgantown Fire Department. NEW BUSINESS: AN ORDINANCE AMENDING CITY CODE ARTICLE 545 GOVERNING POSSESSION OF FIREARMS ON MUNICIPAL PROPERTY: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING CITY CODE ARTICLE 545 GOVERNING POSSESSION OF FIREARMS ON MUNICIPAL PROPERTY. Motion by Redmond, second by Selin to approve the above Firearms Ordinance. After discussion, motion by Selin, second by Ganz to amend by removing Section B-3. Motion carried 4-3 with Bane, Nugent, and Redmond voting no. After discussion on the main motion vote taken, motion carried 4-3 with Bane, Nugent, and Redmond voting no. AN ORDINANCE AUTHORIZING IMPROVEMENTS TO THE POTABLE WATER PORTION OF THE EXISTING COMBINED UTILITY SYSTEM NOT MORE THAN $10,000,000 3 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2017 B (WEST VIRGINIA INFRASTRUCTURE FUND): 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 THROUGHT THE ISSUANCE BY THE CITY OF NOT MORE THAN $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2017 B (WEST VIRGINIA INFRASTRUCTURE FUND); PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO THE ISSUANCE OF SUCH BONDS; APPROVING, RATIFYING AND CONFIRMING A LOAN AGREEMENT RELATING TO SUCH BONDS; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING OTHER PROVISIONS RELATING THERETO. Council suspended the rules, Tim Ball explained, then after discussion, motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. THE SEWER RIGHT-OF-WAY FOR POPONOE TAX MAP 8 PARCEL 2: The below entitled Ordinance was presented for first reading. THE SEWER RIGHT-OF-WAY FOR POPONOE TAX MAP 8 PARCEL 2. Motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. THE SEWER RIGHT-OF-WAY FOR POPONOE TAX MAP 3a PARCEL 56.2: The below entitled Ordinance was presented for first reading. THE SEWER RIGHT-OF-WAY FOR POPONOE TAX MAP 3a PARCEL 56.2. Motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. THE SEWER RIGHT-OF-WAY FOR POPONOE TAX MAP 3a PARCEL 54: The below entitled Ordinance was presented for first reading. THE SEWER RIGHT-OF-WAY FOR POPONOE TAX MAP 3a PARCEL 54. Motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. THE WATER RIGHT-OF-WAY FOR TAX MAP 48A PARCEL 4: The below entitled Ordinance was presented for first reading. THE WATER RIGHT-OF-WAY FOR TAX MAP 48A PARCEL 4. Motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. THE WATER RIGHT-OF-WAY FOR TAX MAP 48 PARCEL 41: The below entitled Ordinance was presented for first reading. THE WATER RIGHT-OF-WAY FOR TAX MAP 48 PARCEL 41. 4  Motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. THE WATER RIGHT-OF-WAY FOR TAX MAP 48A PARCEL 4.2: The below entitled Ordinance was presented for first reading. THE WATER RIGHT-OF-WAY FOR TAX MAP 48A PARCEL 4.2. Motion by Ganz, second by Selin, to approve the above entitled Ordinance to second reading. Motion carried 7-0. A RESOLUTION OF THE COUNCIL OF THE CITY OF MORGANTOWN, WEST VIRGINIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, WITH REGARD TO ESTABLISHMENT AND MAINTENANCE OF A TRAFFIC SIGNAL SYSTEM WITHIN THE MUNICIPAL LIMITS OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGININA: The below entitled Resolution was presented for first reading. Interim City Manager explained, council suspended the rules, Damien Davis explained, motion by Kawecki, second by Ganz, to approve the above entitled Resolution. Motion carried 7-0. CITY MANAGER’S REPORT: New Business: 1. Candidate travel for city manager recruitment will come from Human Resources Interim City Manager explained to council about the candidate travel stating that the Finance Director will be taking money from the Human Resources budget as travel was not included in the $25,000 recruitment budget. 2. 2016 Health Plan Renewal Rates Council suspended the rules to have Jim Goff, Finance Director to answer questions. After discussion, Interim City Manager showed employees what the benefits are going to be between the 2 groups. Motion carried 7-0. 3. Due date for submitting to non-profit grants Interim City Manager announced that Friday, January 27, 2017 will be the deadline for submitting non-profit grants to the city for the next FY. 4. Signs for user fee paving Interim City Manager explained, motion by Kawecki, second by Ganz to have permanent signs made and put at the end of each street to inform the public awareness of the paving accomplished with the user fee money. 5. Letter of support for Historic Preservation and repairs of City Hall Letter has been submitted for the Historic and Preservation grant that will repair the façade to preserve the historic city hall of Morgantown. REPORT FROM CITY CLERK: Linda Tucker wished everyone a Merry Christmas and a Happy New Year. She also wanted to remind everyone that 2017 will be the City Election and that candidates can pick up petitions in the City Clerk’s office or you can get them on our website, and can be dropped off starting January 3, 2017 or hand delivered by the end of the day and if you mail them they have to be postmarked by midnight on February 14, 2017. REPORT FROM CITY ATTORNEY: No Report REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane gives his condolences to the Wolfe family, long term employee with the Mon County School Board. Councilor Bane states that he is concerned about the Gun Ordinance that was passed on the first reading. 5 Deputy Mayor Kawecki: Deputy Mayor Kawecki mentions that the gun Ordinance is an issue and he stated that if he would be the one to get into a fight he would rather be in a fist fight then for them to reach for whatever they have in their pocket. Deputy Mayor Kawecki would like to wish everyone a Merry Christmas. Councilor Nugent: Councilor Nugent reminds everyone that there will be a Wiles Hill Neighborhood Association Meeting on 12/21/2016 at 6:30 p.m. social with a 7:00 p.m. meeting start time. Councilor Nugent mentioned the talk show on WAJR last week and states that he is disturbed and concerned that a member of this body would in a public setting, describe a call summary incident report as a personnel matter as if it in fact involved this council as a body. He does not appreciate that and gives him grave concern and wants to make sure that it is clear, because if that is something we decide to do, I am going to have issues with that if council does not have our legal counsel present. He hopes that would be not the case and perhaps it was a misstatement non the less warrants can clarification for the public benefit. Councilor Nugent would like to wish everyone a Merry Christmas and a Happy New Year. Councilor Selin: Councilor Selin stated as we look toward the new year and as we need to work together as a body, I would be in the hopes that rather than finding all of the differences between ourselves and being hard on each other, that we think of how we could come together in a way that we would be able to compete against. The other cities that we are competing against nationally for economic development for citizens who would like to come here for retaining in the businesses that we have for competing against people regionally for figuring out how to collaborate with all of the regional entities, and that she does not like playing small ball and thinking of ways to go against each other rather than figuring out ways that we could lift up the City and make it the best it can be. Councilor Redmond: Councilor Redmond wants to start off by wishing everyone a Happy Holidays. He states that tonight’s meeting was very disappointing, for he voted no on a project tonight that he thinks is a worthy project and certainly addresses a need in our community. He is very concerned about the slippery slope that we are heading down regarding weapons in Municipal Buildings. He hopes that the ones taking us down that path will follow up on the security side of the equation because you are under an illusion if you think less guns mean more safe because it doesn’t and if the guns disappear and the security does not go up you just made this building and every other building fall under this directive less safe not more safe. He hopes that the journey we go down we complete and we need the follow up that is necessary and end up with a safer situation than we currently have and not a less safe situation then we currently have. Councilor Ganz: Councilor Ganz announces to all residents in Morgantown that the Morgantown Police offers a protective watch program that can be accessed if you are going out of town for the holidays. You may contact them on the website at www.morganotwnwv.gov and is a little bit hard to find but you can go to the quick search and put in vacation watch which will then bring you to another link or you can call the Police Department at 304-284- 6  7522. Councilor Ganz wanted to address the talk radio shows last week on WAJR about the personnel matter that was described. She noted that the allegations of the 15 findings were from the independent investigation that was marked confidential which were in the favor of myself. Councilor Ganz wants to mention that all of her life she was involved with guns, hunter safety, trap and skeet, and supporting clays and those that are under lock and key. Councilor Ganz thinks that as a gun owner, she sees that we should be consistent with the other public buildings in our area and the public buildings in our area are mainly the University, and also Federal and State Government buildings where these weapons are not allowed and that is why she votes the way that she does. Councilor Ganz implores the Interim City Manager and other entities to come up with safety and exit plans because she thinks that the City is overdue with that. Councilor Ganz wants to echo Councilor Selin and encourage the individuals that are involved with the Supreme Court to drop the petition. Councilor Ganz wants to let everyone know that the City of Morgantown has had a great couple of weeks of celebration with a lot of donations and good things going on. There will be a Christmas Carol being put on by the WVPT at the CAC and that many Morgantown residents have supported that over the years; Landau Eugene Murphy sang at the Met Theatre which the money raised went to United Way. Councilor Ganz thought about what she has done at the end of the year besides some other things that she does not appreciate such as the legal activities, but she has had the privilege of serving a community and be an elected official where people care enough about other people that they cut their hair for free, or where they make donations where we can bring homelessness down, where people get together and care about the people in our neighborhoods and in our downtown and wants to thank our community for the opportunity to see some of the things that we thought were impossible a couple of years ago such as, a Safe Community Fee, where we are having it accessible for people, like curb cuts so people can walk safer in our town, there are more roads paved, we have world class water and will have the safest water in our State, these are privileges to vote on things that can make our town a better place and be involved where the Red Cross partners with the Fire Department to make homes safer and is a great privilege. Councilor Ganz wants to thank all of the residents out there and the people I sit with a privilege and hope to sing Kumbaya as someone once said and start working together in a very positive way to continue these positive activities, so thank you to the residents for allowing me to sit in this chair. Mayor Shamberger: Mayor Shamberger wants to congratulate the gentlemen in the Fire Department who were promoted is a great honor; also the Children Psalm Program and Evan Hanson for their Human Rights Awards and thinks that they are examples to great groups of people who really care about this community and keep social justice in front of us. Mayor Shamberger wants to thank all the employees and volunteers that serve our City and we are very fortunate to have as many volunteers as we do employees, not many cities can say that. Mayor Shamberger would like to say Merry Christmas Happy Hanukkah, and Happy New Year to everyone and wishes the best for 2017. 7 EXECUTIVE SESSION: Pursuant to West Virginia State Code Section 6-9A-4(b)(2)(A) motion by, second by to go into Executive Session in order to discuss personnel matters in considering recruitment for a new City Manager and the City Clerk’s review. Motion by Selin, second by Kawecki to go into executive session. Present: Council and Interim City Manager. Time: 10:08 p.m. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 11.00 p.m. __________________________________ ____________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 8