City Council

REGULAR MEETING January 17, 2017: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, January 17, 2017 at 7:05 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 Minutes of January 3, 2017 were approved by acclamation as corrected. Special Meeting minutes of January 9, 2017 were approved by acclamation as presented. CORRESPONDENCE: Mayor Shamberger presented a proclamation to Mike Ibrahim & Linda Herbst declaring the month of February Combat Hunger Month. Deputy Mayor Kawecki presented a certificate to Mayor Shamberger being recognized member of Mayors against LGBT discrimination who believe no one should face discrimination. PUBLIC HEARING - 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 $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 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. Mayor Shamberger declared this Public Hearing open. Susan Elkin, Cobun Creek Road, commented that the City will be spending 50 million or more before this project is completed. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AUTHORIZING IMPROVEMENTS TO THE POTABLE WATER PORTION OF THE EXISTING COMBINED UTILITY SYSTEM OF NOT MORE THAN $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2017 B: The below entitled Ordinance was presented for third 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 $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2017 B(WEST VIRGINIA INFRASTRUCTURE); 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 Selin, second by Ganz to adopt the above stated ordinance. Council suspended the rules to have Tim Ball, MUB Director, summarize the bond ordinance and answer questions to Council. Councilor Nugent noted that the concept of the bond is solid but his concern is the project cost. After discussion, motion carried 6-1. Nugent voted No. BOARDS AND COMMISSIONS: Motion by Ganz, second by Kawecki motioned to appoint Leanne Cardoso to replace Linda Herbst on the BZA. Motion carried by acclamation. Motion by Selin, second by Kawecki, to reappoint Nikki Hoffman to serve on the Woodburn Commission. Motion carried by 1 acclamation. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. There being no appearances Mayor Shamberger declared the Public Portion closed. SPECIAL COMMITTEE REPORTS: Councilor Ganz announced that the Legislators & Chamber will be entertaining Chinese Investors next week. Mayor Shamberger noted the Downtown Task Force will meet on 2-14-17 at 6:30 p.m. at Spruce Street Church. She announced that at the Safe Communities Board Meeting there was discussion of an Intoxication Shelter and Main Street Morgantown Hospital Training. NEW BUSINESS: No New Business CITY MANAGER’S REPORT: New Business: 1. Support Letter for Rail-Trail Grant (Exhibit A) Interim City Manager presented support Grant letters for the Rail-Trail for a total of 4 grants between MRTC and BOPARC for the following: 1). Lighting on the Caperton Trail- Wharf; 2). Purchase of Trail pick-up truck; 3). Purchase of Asphalt Repair Equipment and 4) engineering of landslide at mile 2 Decker’s Creek Trail. By acclamation Council supported the Grant letters be sent forward for grant applications. 2. Plumbing Issues Morgantown Municipal Airport: Interim City Manager recommends to move $5,346.00 from the Capital Escrow Contingency fund to facilitate the needed investigation of repairs. This will support the plan to move forward on the leasing of the former MPO space. Motion by Selin, second by Ganz to move forward with transferring money from the Capital Escrow Contingency Fund to start the investigation of repairs. Motion carried 7-0. 3. Leak at Woodburn School: Interim City Manager will check into the leak at Woodburn School and report back to council. 4. Sound of Recordings on Channel 15: Interim City Manager will check into the sound and recording of meetings and report back to council. REPORT FROM CITY CLERK: No Report REPORT FROM CITY ATTORNEY: No Report REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane mentioned a pooling of water on Madigan Avenue by the park when it rains, and when it gets colder it tends to freeze. He noted that it is a flat area and the water does not seem to drain properly and wants to know if someone could go look at it. He has been getting signatures and some residents on Lawnwood, and Leonard, West Virginia and Madigan, and around the park area would like to see if there can be a traffic study done on speeding and wanting to know if there can be some kind of speed control. Deputy Mayor Kawecki: No report. Councilor Nugent: Councilor Nugent mentioned that the Wiles Hill Highland Park National Neighborhood Association will be meeting on 1/18/2017 at 6:30 p.m. and on the agenda an update 2  from Streets and Engineering and MPO and all neighbors are welcome to attend that meeting. He noted complaints, that on Stewart Street, Highland Avenue, and First Street are some draining issues that are starting to cause pot holes and hopes to soon be able to fill them once the weather clears up. He also mentioned that on Ashton, Junction and Grove Streets there is a street sign missing that is a prominent marker and needs to be replaced. Councilor Selin: Councilor Selin noted that she was on the City’s website and noticed that some of the meeting times for BOPARC was not correct and wanted to know if that could be corrected. She also asked the Interim City Manager, Glen Kelly about when the next Airport meeting will be. He responded that it will be on Valentine’s Day 2/14/2017. She also mentioned the MPO’s series of meetings and that the next meeting for them will be on 1/25/2017 at the Airport Conference Room and it will be on the Mileground widening, and the next day 1/26/2017 there will be another meeting at Mountaineer Station in relation the to I-79 access to cross the river and that will take place between 4:00 p.m. and 7:00 p.m. There will also be a meeting on 2/9/2017 for the people who are thinking ahead of time it will be held at the Mountainline Offices in Westover from 4:00 p.m. to 7:00 p.m. Councilor Redmond: No report. Councilor Ganz: Councilor Ganz announced that the Suncrest Neighborhood Association will be meeting on 1/26/2017 at 6:30 at Suncrest Elementary. She mentioned some concerns that the Suncrest residents had with the yellow lines and also parking during WVU events. She has not been able to contact anyone on this and wanted the Interim City Manager to check on this and follow up with them. She also mentioned about the walking concern at the Coliseum and states that when the Interim City Manager talks to WVU in regards to the parking he can ask about that as well. She thanked MUB for working on the drainage on VanVoorhis which is being done at night so it does not impact traffic and also DOH for working with MUB to get this all done during the night hours. She mentioned the issues that MUB has been working through for the new reservoir and thanks them for having the cleanest world class water. Mayor Shamberger: Mayor Shamberger would like to thank the Public Works Department for planning ahead for the previous ice storm; also she thanked CCSJ for a very well attended program. The Woodburn Redevelopment Commission will meet at 5:00 p.m. on Thursday, 1/19/2017 at Crosley’s. She noted the potholes on Charles Avenue and stated that she knows the weather is cold but if someone could have some attention that would be appreciated. EXECUTIVE SESSION: Pursuant to West Virginia State Code Section 6-9A-4(b)(2)(A) motion by Kawecki, second by Ganz to go into Executive Session to discuss personnel matters regarding City Code 137.01 complaint against City Staff and Section 6-9A-4(b)(2)(A) in order to discuss personnel matters for City Clerk review. Time: 8:40 p.m. Present: in first Executive Session to discuss personnel matters regarding City Code 137.01; Council, Police Chief & Interim City Manager. Present: in Executive Session to discuss City Clerk Evaluation; Council & Clerk. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:09 p.m. 3 __________________________________ ____________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 4