City Council

REGULAR MEETING June 19, 2018: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, June 19, 2018 at 7:06 p.m. PRESENT: City Manager Paul Brake, City Clerk Linda Tucker, City Attorney Ryan Simonton, Mayor William Kawecki, and Council Members: Rachel Fetty, Ryan Wallace, Ron Dulaney, Deputy Mayor Mark Brazaitis and Barry Wendell. Jenny Selin was absent The meeting was called to order by Mayor Kawecki. APPROVAL OF MINUTES: June 5, 2018 Regular Meeting minutes was approved as corrected by acclamation. CORRESPONDENCE: Mayor Kawecki mentioned that Council has received a considerable amount of correspondence on the Haymaker Forest issue and asked Council to not read each e-mail, but just mention each person. Deputy Mayor Brazaitis noted that he received many e-mail’s and will forward to the City Clerk for the record. Councilor Fetty noted she received 19 e-mails from residents that were against the purchase of Haymaker Forest and 12 e-mails that were for the purchase of Haymaker Forest. Councilor Wallace noted that he too received many e-mails and mentioned that Roger Banks is for the purchase of Haymaker Forest if the purchase is made as a sound fiscal decision. Councilor Dulaney commented that out of the e-mails he received 38 were against/3 lived outside the City; 15 were for/ 6 live outside the City. He stated that he sent this information to the City Clerk of all his e-mail correspondence referencing the Haymaker Forest for inclusion in the minutes. Ex A. Councilor Wendell announced that he received e-mails and phone calls and he will forward the e-mails to the City Clerk for the record. (From the 61 e-mails 49 were duplicates that were already sent by Councilor Dulaney. There were 12 e-mails received from Councilor Wendell 7 were against Haymaker Forest and 5 were for Haymaker Forest. Mayor Kawecki stated that Council’s intention is that everyone’s voice be heard. He mentioned four e-mails that requested be read from Jimmy Gatian, Christina Byrne-Hoffman, Cindy Redmond and Susan Case which were against the purchase of Haymaker Forest. Mayor asked that those coming to speak this evening do so with respect. He mentioned that there are openings on the Cities Boards and Commissions for BZA, Human Rights Commission, Met Board, Museum Commission and 4th Ward Commission and urged residents to apply. PUBLIC HEARING: AN ORDINANCE SETTING FORTH THE RATES, FEES AND CHARGES FOR SERVICE TO CUSTOMERS OF THE WATERWORKS SYSTEM OF THE CITY OF MORGANTOWN: Mayor Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY CODE: Mayor Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE ADOPTING A RIGHT-OF-WAY AND EASEMENT AGREEMENT WITH LUMOS NETWORKS OF WEST VIRGINIA, INC. ON A PORTION OF PROPERTY IDENTIFIED ON MORGANTOWN 6TH WARD DISTRICT TAX MAP 32A, PARCEL 9: Mayor Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY PARTIALLY IN MORGAN DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, AND PARTIALLY IN THE SECOND WARD OF THE CITY OF MORGANTOWN: Mayor Kawecki declared the Public Hearing open. Attached to the Minutes is a list of the residents that spoke during the public hearing. Of the 47 residents, 38 were against the purchase of Haymaker Forest and Nine were for the purchase. It must be noted though that within the 38 residents that were against the purchase it was not that they did not want more Green Space available to them and thought it was a good idea; but not at the cost the City Council was presenting. Ex. B. There being no more appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE REGULATING THE PAYMENT OF EMPLOYEE COMPENSATION: Mayor Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. UNFINISHED BUSINESS: Motion by Deputy Mayor Brazaitis, second by Wallace to move the Haymaker Forest ordinance up on the agenda. Motion carried by acclamation. 1  AN ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY PARTIALLY IN MORGAN DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, AND PARTIALLY IN THE SECOND WARD OF THE CITY OF MORGANTOWN: The below entitled Ordinance was presented for second reading. AN ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY PARTIALLY IN MORGAN DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, AND PARTIALLY IN THE SECOND WARD OF THE CITY OF MORGANTOWN City Manager explained that the speed that the City moved on this issue was triggered by information that as many as 140 town houses and 60 single-family residential homes could be developed on this property. He noted that due to the current situation he recommends Council to postpone the Ordinance rather than table it to give administration time to negotiate. After discussion., motion by Fetty to postpone, second by Dulaney to postpone, the above entitled Ordinance. Motion carried 5-1 with Deputy Mayor Brazaitis voting No. AN ORDINANCE SETTING FORTH THE RATES, FEES AND CHARGES FOR SERVICE TO CUSTOMERS OF THE WATERWORKS SYSTEM OF THE CITY OF MORGANTOWN: The below entitled Ordinance was presented for second reading. AN ORDINANCE SETTING FORTH THE RATES, FEES AND CHARGES FOR SERVICE TO CUSTOMERS OF THE WATERWORKS SYSTEM OF THE CITY OF MORGANTOWN Council suspended the rules to have Tim Ball, Director for MUB, to explain. After discussion, motion by Wallace, second by Fetty, to approve the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The below entitled Ordinance was presented for second reading. AN ORDINANCE APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY CODE: Motion by Wallace, second by Dulaney, to approve the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE ADOPTING A RIGHT-OF-WAY AND EASEMENT AGREEMENT WITH LUMOS NETWORKS OF WEST VIRGINIA, INC. ON A PORTION OF PROPERTY IDENTIFIED ON MORGANTOWN 6TH WARD DISTRICT TAX MAP 32A, PARCEL 9: The below entitled Ordinance was presented for second reading. AN ORDINANCE ADOPTING A RIGHT-OF-WAY AND EASEMENT AGREEMENT WITH LUMOS NETWORKS OF WEST VIRGINIA, INC. ON A PORTION OF PROPERTY IDENTIFIED ON MORGANTOWN 6TH WARD DISTRICT TAX MAP 32A, PARCEL 9 City Attorney explained, motion by Wallace, second by Wendell, to approve the above entitled Ordinance. Motion carried 6-0. AN ORDINANCE REGULATING THE PAYMENT OF EMPLOYEE COMPENSATION: The below entitled Ordinance was presented for second reading. AN ORDINANCE REGULATING THE PAYMENT OF EMPLOYEE COMPENSATION City Attorney explained, after discussion, motion by Wallace, second by Deputy Mayor Brazaitis, to approve the above entitled Ordinance. Motion carried 6-0. BOARDS AND COMMISSIONS: Mayor Kawecki reported that there are openings on BZA, Human Rights Commission, Met Board, Museum Commission and 4th Ward Commission and urged residents to apply. PUBLIC PORTION: Mayor Kawecki declared the Public Portion open. Evelyn Ryan, 225 Dewey Street, mentioned the City needs an Arts Council; and suggested that Council host a Town Meeting to communicate better with residents. Janet Carmichael, P.O. Box 268, Dellslow, WV, she noted her concerns of the Bus Depot being moved from the Hazel Ruby McQuain Park to Westover. She noted that this is very inconvenient and by changing this location will place a burden not only herself but many others that use the service. She presented a petition of signature to the City Clerk of those against the change of moving the Bus Depot. Ex. C. Adam Rosefsky, 640 White Avenue, stated to Council “thank you for postponing the Haymaker Forest”. He read section 9 of the Charter to Council and noted Council should abide by this section. There being no one else wishing to speak, Mayor Kawecki declared the Public Portion closed. SPECIAL COMMITTEE REPORTS: No reports. NEW BUSINESS: A SUPPLEMENTAL RESOLUTION PROVIDING AS TO PRINCIPAL AMOUNTS, DATES, MATURITY DATES, REDEMPTION PROVISIONS, INTEREST RATES, INTEREST AND PRINCIPAL PAYMENT DATES, 2 SALE PRICES AND OTHER TERMS OF THE COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2018 A- 2: The above entitled Resolution was presented for first reading. City Attorney explained and then deferred to Tim Ball to answer questions. City Council suspended the rules to have Tim Ball, MUB Director to explain the Resolution. Motion by Wallace, second by Dulaney, to approve the above entitled Resolution. Motion carried 6-0. A RESOLUTION APPROVING AND AUTHORIZING TO SUBMIT TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THE FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN: The above entitled Resolution was presented for first reading. City Council suspended the rules to have Chris Fletcher, Director of Development to explain the Resolution. After discussion, motion by Wallace, second by Fetty, to approve the above entitled Resolution. Motion carried 6-0. A RESOLUTION APPROVING AND AUTHORIZING TO SUBMIT TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THE SUBSTANTIAL AMENDMENT TO THE FY 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN: The above entitled Resolution was presented for first reading. City Council suspended the rules to have Chris Fletcher, Director of Development to explain the Resolution. After discussion, motion by Wallace, second by Dulaney, to approve the above entitled Resolution. Motion carried 6-0. CITY MANAGER’S REPORT: Mayor Kawecki noted that the City Manager is not with us for having to deal with a personal issue at home and we wish him the best. REPORT FROM CITY CLERK: No report REPORT FROM CITY ATTORNEY: No report. REPORT FROM COUNCIL MEMBERS: Councilor Fetty: No report. Councilor Wallace: No report. Councilor Selin Absent. Councilor Dulaney: Councilor Dulaney mentioned the sewer issues in Norwood, potholes on Wells Street and an email from a citizen on Cornell Avenue wanting information about the side walk program. He noted that the Planning Commission member William Petros mentioned the placement of utility poles and sidewalks in Suncrest. Deputy Mayor Brazaitis: Deputy Mayor read an e-mail from a citizen noting that she understands Ms. Carmichaels frustration about the Transit moving the downtown depot site. She stated that this was not a City decision and suggested to Ms. Carmichael to attend the Transit meeting to voice her concerns; the meetings are on the second Tuesdays of the month at 6pm at the Transit Building in Westover. Councilor Wendell: To see Councilor Wendell’s report reference attached Ex. D. Mayor Kawecki: No Report ADJOURNMENT: There being no further business, motion to adjourn by consensus at 12:07 a.m. _____________________________ ___________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD IN THE CITY CLERKS OFFICE* 3