City Council

REGULAR MEETING May 16, 2017: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday May 16, 2017 at 7:00 p.m. PRESENT: City Manager Paul Brake, 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: Special Meeting Minutes April 18th approved by acclamation. Regular Meeting Minutes April 18, 2017 approved by acclamation with a minor amendment. April 26, 2017 COW Meeting and minutes, May 1, 2017 Canvassing Meeting Minutes approved by acclamation. May 2, 2017 Regular Meeting Minutes were approved with a minor amendment. CORRESPONDENCE: Mayor Shamberger presented proclamations to: Tom Arnold from Morgantown Parking Authority, Kids to Parks Day, and Foster Care Month Day. Council recognized Joe Kaehler foster parent noted that there are numerous kids in WV needing homes and urged people to reach out and become foster parents for there are 7,200 children in WV needing homes. PUBLIC HEARING: AN ORDINANCE AMENDING SECTION 7.05 OF THE CITY CHARTER PROVIDING FOR WARDS AND ADJUSTMENT OF WARD BOUNDARIES. Mayor Shamberger declared this Public Hearing open. James Giuliani, 256 Prairie Avenue, commented that about charter changes and that the City should change voting to combine with the county and stagger the terms of council. He noted this would be more progressive and bring more voter turnout. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE PROVIDING FOR EXECUTION OF A LICENSE AGREEMENT WITH WEST VIRGINIA UNIVERSITY FOR CONSTRUCTION OF TRAILS ON UNOPENED RIGHTS-OF-WAY NEAR FALLING RUN ROAD, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. Mayor Shamberger declared this Public Hearing open. James Giuliani, 256 Prairie Avenue, stated that he agreed with this construction on the trail, but questioned Council what about what we already have? He stated the City should revitalize Whitemore Park, or properties that the city has before adding on more. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE PROVIDING FOR EXECUTION OF A LICENSE AGREEMENT WITH BOCCI, LLC ON A PORTION OF PROPERTY IDENTIFIED ON MORGANTOWN DISTRICT TAX MAP 28, PARCEL 134, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. Mayor Shamberger declared this Public Hearing open. James Giuliani, 256 Prairie Avenue, agreed on the execution of the agreement with Bocci, LLC. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE PROVIDING OF A LICENSE AGREEMENT WITH SENECA VILLAGE, LLC FOR AN ENCROACHMENT ON A PORTION OF EIGHTH STREET, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. Mayor Shamberger declared this Public Hearing open. 1  James Giuliani, 256 Prairie Avenue, commented warning the City to be careful and questioned is the City taking residents rights away from them. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE PROVIDING FOR EXECUTION OF A DISTRIBUTION LINE EASEMENT WITH MONONGAHELA POWER COMPANY ON A PORTION OF PROPERTY IDENTIFIED ON WESTOVER DISTRICT TAX MAP 11, PARCEL 14, AND DECLARING THE ATTACHED EASEMENT AS A PART THEREOF. Mayor Shamberger declared this Public Hearing open. James Giuliani, 256 Prairie Avenue, noted that he approves of the execution of this easement with Mon. Power. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE ADOPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY FOR THE PURPOSE OF SUPPLYING POWER TO NEWLY CONSTRUCTED AIRPORT HANGARS. Mayor Shamberger declared this Public Hearing open. James Giuliani, 256 Prairie Avenue, stated that he agreed with adopting easement with Mon Power for power to newly constructed Airport Hangars. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AMENDING SECTION 7.05 OF THE CITY CHARTER PROVIDING FOR WARDS AND ADJUSTMENT OF WARD BOUNDARIES: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING SECTION 7.05 OF THE CITY CHARTER PROVIDING FOR WARDS AND ADJUSTMENT OF WARD BOUNDARIES. After discussion, motion by Ganz, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE PROVIDING A LICENSE AGREEMENT WITH WEST VIRGINIA UNIVERSITY FOR CONSTRUCTION OF TRAILS ON UNOPENED RIGHTS-OF-WAY NEAR FALLING RUN ROAD: The below entitled Ordinance was presented for second reading. AN ORDINANCE PROVIDING FOR EXECUTION OF A LICENSE AGREEMENT WITH WEST VIRGINIA UNIVERSITY FOR CONSTRUCTION OF TRAILS ON UNOPENED RIGHTS-OF-WAY NEAR FALLING RUN ROAD, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. After discussion, motion by Selin, second by Kawecki, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE PROVIDING A LICENSE AGREEMENT WITH BOCCI, LLC: The below entitled Ordinance was presented for second reading. AN ORDINANCE PROVIDING FOR EXECUTION OF A LICENSE AGREEMENT WITH BOCCI, LLC ON A PORTION OF PROPERTY IDENTIFIED ON MORGANTOWN DISTRICT TAX MAP 28, PARCEL 134, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF City Manager, Paul Brake explained. Motion by Kawecki, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. 2  AN ORDINANCE PROVIDING OF A LICENSE AGREEMENT WITH SENECA VILLAGE, LLC: The below entitled Ordinance was presented for second reading. AN ORDINANCE PROVIDING OF A LICENSE AGREEMENT WITH SENECA VILLAGE, LLC FOR AN ENCROACHMENT ON A PORTION OF EIGHTH STREET, AND DECLARING THE ATTACHED LICENSE AGREEMENT AS A PART THEREOF. Motion by Kawecki, second by Selin, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE PROVIDING FOR EXECUTION OF A DISTRIBUTION LINE EASEMENT WITH MONONGAHELA POWER COMPANY: The below entitled Ordinance was presented for second reading. AN ORDINANCE PROVIDING FOR EXECUTION OF A DISTRIBUTION LINE EASEMENT WITH MONONGAHELA POWER COMPANY ON A PORTION OF PROPERTY IDENTIFIED ON WESTOVER DISTRICT TAX MAP 11, PARCEL 14, AND DECLARING THE ATTACHED EASEMENT AS A PART THEREOF. Motion by Ganz, second by Kawecki, to adopt the above entitled Ordinance. Motion carried 7-0. AN ORDINANCE ADOPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY FOR THE PURPOSE OF SUPPLYING POWER TO NEWLY CONSTRUCTED AIRPORT HANGARS: The below entitled Ordinance was presented for second reading. AN ORDINANCE ADOPTING AN EASEMENT AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND MONONGAHELA POWER COMPANY FOR THE PURPOSE OF SUPPLYING POWER TO NEWLY CONSTRUCTED AIRPORT HANGARS. After discussion, motion by Kawecki, second by Ganz, to adopt the above entitled Ordinance. Motion carried 7-0. BOARDS AND COMMISSIONS: City Clerk Linda Tucker presented a list of the Boards & Commissions list with highlighted indicating Council terms expiring and board members expiring. She indicated that e-mails have gone out to Chairs of those boards that the membership is expired. She noted that an e-mail will go out to the new Council so they will be aware of which Boards the Councilors can serve on to see what they may be interested in on July 5th, 2017. PUBLIC PORTION: Mayor Shamberger declared the Public Portion open. James Giuliani, 256 Prairie Avenue, presented council with a handout from his Attorney, Samuel Simon requesting that the City work with him on resolving the collapse and closure of Forest Avenue. He noted that students were towed at 4 am in the morning from the Farmers Market and the City has not offered to reimburse them for that cost. He asked that employees not be protected by administration. He stated that the City does not care about the citizens, and asked Council to please care more about the community. There being no more appearances, Mayor Shamberger declared the Public Hearing closed. SPECIAL COMMITTEE REPORTS: Councilor Ganz reported that the Sister Cities hosted eight visiting delegation from Xuzhou on May 7th and May 8th, 2017. She mentioned the welcome reception for the International Studies students and read the certificate that the city gave WVU International Students at graduation this year, “honorary citizen of Morgantown, with all rights and privileges together with the responsibility of furthering to all the good name and tradition of warm hospitality found in the city of Morgantown.” She noted that the international students have taken on leadership roles in our global community and that their presence has enriched Morgantown. NEW BUSINESS: AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET 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. 3  City Manager Paul Brake explained the amendment and then referred to Jim Goff, Finance Director to explain details to Council. Council suspended the rules and Jim Goff, Finance Director answered questions. Motion by Selin, second by Kawecki, to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE AMENDING THE FY 2016-2017 ANNUAL BUDGET AS THE SAME APPLIES TO THE COAL SEVERANCE 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 COAL SEVERANCE FUND. City Manager explained. Motion by Selin, second by Kawecki to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2017-2018: The below entitled Ordinance was presented for first reading AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2017-2018. City Manager Paul Brake explained. After discussion, motion by Bane, second by Selin, to approve the above entitled ordinance to second reading. Motion carried 7-0. AN ORDINANCE AMENDING SECTIONS III-1(B) LONGEVITY PAY), III-3(B) (SHIFT DIFFERENTIAL), III-4 (HAZARDOUS DUTY PAY), AND III-5 (SPECIAL SUPERVISION DIFFERENTIAL) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING SECTIONS III-1(B) LONGEVITY PAY), III-3(B) (SHIFT DIFFERENTIAL), III-4 (HAZARDOUS DUTY PAY), AND III-5 (SPECIAL SUPERVISION DIFFERENTIAL) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH. City Manager explained. Motion by Selin, second by Ganz, to approve the above entitled ordinance to second reading. Motion carried 7-0. A RESOLUTION APPROVING AGREEMENT WITH THE MONONGALIA COUNTY BOARD OF EDUCATION PROVIDING A SCHOOL RESOURCE OFFICER AT MOUNTAINEER MIDDLE SCHOOL: The above entitled Resolution was presented for first reading. Motion by Ganz, second by Selin, to approve Resolution. After discussion, motion by Ganz, second by Selin to amend the above stated Resolution and agreement with the Monongalia County Board of Education providing for two Prevention Resource Officers in the school system. Motion carried 7-0. Question called on main motion carried 7-0. A RESOLUTION APPROVING WITH THE MONONGALIA COUNTY BOARD OF EDUCATION PROVIDING A PREVENTATIVE RESOURCE OFFICER AT SUNCREST MIDDLE SCHOOL: The above entitled Resolution was presented for first reading. No action on this item. CITY MANAGER’S REPORT: New Business: 1. FY 2017 Capital Escrow Budget Revisions In addition to the revisions to made to the General Fund budget, some amendments are recommended to the Capital Escrow Fund as well. As the attached memorandum, from Finance Director Goff, will outline, funds collected from the Municipal Service Fee have come in less than projected and one time additional revenues resulting in projected B&O Construction Taxes. 4  The more significant items include repairs and improvements to the Met Theatre. This includes the following: $8,000 - Fire Alarm System – the sensor is out of date and pipes need to be replaced. $15,000 - HVAC System – this is in need general maintenance and some confirmation of tying the lower levels into the main system. $7,000 - Toilets for Dressing Rooms – the toilets habitually clog and need constant attention, originally, residential toilets were installed and cannot do more of a commercial use, thus causing problems. $23,500 - New Carpeting – the main seating area needs new carpeting and the cost is reflective of the specialty of installers who know how to work around theatre seating. $5,000 - Painting – the interior walls of the facility need a new coat of paint to preserve and seal. $6,500 - Entrance way improvements – this includes new entrance way rugs and decorative trash cans. Staff recommends the approval of the budget amendments as presented. After discussion, motion by Bane, second by Redmond to approve 2017 Escrow Budget Revisions. Motion carried 7-0. 2. Contract and Covenant for the State Historic Preservation Office The City of Morgantown has been awarded a grant totaling $36,768 to repair the front façade at City Hall. The funds will go towards restoring aging windows and fixing the front walls of the building which have cracked and started to slant. To complete the grant requirements from the WV State Historic Preservation Office (SHPO), the City must have a contract obligating the matching funds. Also, this requires a restrictive covenant on the property that mandates that the building does not change uses or transfer to a new owner for the next 15 years. After discussion, motion by Selin, second by Ganz, to approve the contract for preservation of City Hall. Motion carried 7-0. 3. Information about Bid Award for Concrete Package and Delivery As per the modified arrangement to approve the bid award for Airport T-Hanger Project (approved at the April 18th regular City Council Meeting), the City Manager has awarded the bid for the concrete package and delivery to Solid Rock Concrete, LLC in the amount of $264,680. No council action is needed – this attached document is presented for information purposes. No action taken on this item. 4. Revise City Council Meeting Calendar – July 2017 The first Tuesday of the month, in July, is on the 4th, because City offices are closed in observance of the Independence Day, staff recommends approving rescheduling the meeting to Wednesday, July 5, 2017. Motion by Kawecki, second by Ganz to move the City Council Meeting to Wednesday, July 5th, 2017. Motion carried 7-0. 5. Forest Avenue Gave an update on Forest Avenue in regards to students and the parking situation. 6. Airport Gave an update on the Airport Project on the T-Hangars being built. Announced that Krista Baker, Communications Department, put together a short video and is on our website. 7. Paving of City Streets Street paving is under way within the City. Paul Brake discussed and handed out a spreadsheet showing which streets will be paved over the summer months. (Ex. A) There is a list of all the streets on our website on google maps if anyone would like to see. He will update each council meeting on how the paving is going through out the process. 8. Underground Conduits 5  Updates on the 3rd Street underground conduits that are being done by Mon Power. 9. Assistant City Manager There has been an Assistant City Manager that has been hired. There were 72 applicants nationwide that applied for the position and it was then narrowed down to 4 finalists. The new Assistant City Manager, Angela Cline, from Denver Colorado where she has 10 years of experience. She will be starting her new positon on Monday, June 12, 2017. REPORT FROM CITY CLERK: No report. REPORT FROM CITY ATTORNEY: Ryan recapped about how and when the public hearing on the Charter Section 7.05 Ordinance will be set. Council approved the second reading of the Ordinance amending the Charter Section 7.05. If it can be published by Friday, May 19, 2017 the hearing can be set for June 20th, 2017. By acclamation, council requests the Ordinance amending the Charter be published by May 19, 2017 so that the hearing be set for June 20th, 2017. He updated council on the Comcast and WBOY issue and asked Council if they would like to pursue the Market Modification Petition. After discussion, Council requested that the City Attorney have outside Council prepare a memo and return to Council for review at the COW on May 30, 2017. REPORT FROM COUNCIL MEMBERS: Councilor Bane: Councilor Bane announced that MHS and UHS Boy’s Lacrosse Teams are in the Championship on Saturday, May 20th, 2017 at East-West Stadium Deputy Mayor Kawecki: Deputy Mayor Kawecki asked the status of the new web-site? City Manager Paul Brake reported that the conversion will be sometime in July. He noted that this new site will have a nice archive conversion and for smart phones the print will be larger. He stated in addition to some of the new conversion applications; the site will work faster. He announced that the company that the City will be using for our new website is familiar with municipalities and how they work; so, the City is excited about the new website. Deputy Mayor noted that the City Manager Paul Brake will be speaking at the South Park Neighborhood Meeting on 5-25-17. Councilor Nugent Councilor Nugent announced that at the Wiles Highland Park Association Meeting that Mike Stone will be attending; local Law Enforcement Officers and an Engineering Report on May 17th, 2017 at 7 p.m. Councilor Nugent noted a loud party on Ridgeline that could be heard across town in his neighborhood recently, and requested review of the noise and nuisance ordinances at the May 30, 2017 COW Meeting. By consensus noise & nuisance ordinance issue will be on the May, 30. 2017 COW. Councilor Selin: Councilor Selin requested that the teacher that does the recycling at Eastwood do a presentation at the May 30, 2017 COW Meeting. By consensus recycling presentation approved. She announced that Bike to Work day is on Friday, May 18th, 2017 and begins at the Caperton trail at 7:30 a.m. Councilor Redmond: Councilor Redmond complimented the Cheat Lake Rotary for the display of the American Flags at the Lock & Dam in honor of our Military and Veterans over the Memorial Day Weekend. He noted his appreciation of Tom Arnold, Parking Authority Director and wished him the best on his retirement. Councilor Redmond mentioned the Forest Avenue slip and thanked the City Manager Paul Brake for making this issue a priority. He noted that Forest Avenue is a liability and suggested that the gate be locked. Councilor Ganz: Councilor Ganz complimented the City Manager, City Engineer, and MUB for their immediate reaction to the slip-on Forest Avenue, and urged them to continue to work together to correct this issue. She noted appreciation on the paving list received by 6  the City Manager this evening and suggested placing the list on the Cities website and linking to all the Neighborhood Associations. She stated that Suncrest Neighborhood will hold their meeting on May 25th, 2017 at 7 p.m. She announced that the Suncrest Elementary School is having a dedication and open house on Thursday, May 25 at 6 pm. Mayor Shamberger: Mayor Shamberger thanked the City Manager, City Engineer and Krista Baker, Communications Manager for keeping the City web-site updated. She announced that on 5-18-17 at 1:30 pm there will be a celebration in honor of Gene Vance at the Public Safety Building Plaza. EXECUTIVE SESSION: Motion by Kawecki, second by Kawecki to go into Executive Session Pursuant to West Virginia State Code Section 6-9A-4(B) (12) to discuss property at 44 Highland Avenue. Present: City Council; City Attorney and City Manager. Time: 9:10 p.m. ADJOURNMENT: There being no further items of business or discussion, the meeting adjourned by unanimous consent at 9:56 p.m. __________________________________ ____________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD AT THE MORGANTOWN CITY LIBRARY* 7