City Council

REGULAR MEETING August 7, 2018: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, August 7, 2018 at 7:00 p.m. PRESENT: City Manager Paul Brake, Executive Secretary Carol Allen, City Attorney Ryan Simonton, Mayor William Kawecki, and Council Members: Ryan Wallace, Ron Dulaney, and Barry Wendell. City Clerk Linda Tucker, Rachel Fetty, Jenny Selin, and Deputy Mayor Mark Brazaitis was absent. The meeting was called to order by Mayor Kawecki. APPROVAL OF MINUTES: July 24, 2018 Special and Regular Meeting minutes was approved by acclamation. CORRESPONDENCE: Councilor Dulaney read an email from Jenny and Nathan Wilson 5th Ward resident that are in support of the Land Reuse Agency. Ex. A PUBLIC HEARING: AN ORDINANCE AMENDING SECTIONS 1329.02, 1333.07, 1337.07, 1339.07, AND 1363.2 OF THE ZONING CODE AS IT RELATES TO RESIDENTIAL SETBACKS IN DEVELOPED BLOCKS AND RESIDENTIAL LIGHTING: Mayor Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE ESTABLISHING A LAND REUSE/PRESERVATION AGENCY FOR THE CITY OF MORGANTOWN: Mayor Kawecki declared the Public Hearing open. Danielle Trumble, 1141 Charles Avenue, stated that she is for the Land Reuse Agency and had some concerns about how many council members can be on the board and thinks there should be a limitation. Adam Rosefsky, 640 White Avenue, talks about the Land Reuse Ordinance fearing it is overly broad. Council needs to revisit and look at Councilor Fetty’s amendments to narrow down some of the capabilities and create an oversight of an elected organization so that the Land Reuse Agency does not go out willingly contracting as they do under the existing Ordinance. Evelyn Ryan, 225 Dewey Street, she is concerned about the idea of the board that does not have a majority of non- elected officials on it. Having non-elected officials on this board will at least allow a counter opinion to come forth. Michael Clifford, 145 S Hight Street, stated that he echo’s some of the previous opinions said tonight and thinks that Councilor Fetty’s amendment to illuminate the number of council members on the board is a good idea, he suggests it should be zero or one council member, which is reasonable to get the council representation on the board. He also stated about the power to contract, that was mentioned earlier by Adam Rosefsky, it only takes two people of the board to sign a contract. He feels that the Ordinance needs to be looked at again before it is passed. Jonell Strough, 608 Hess Street, is in support of the Land Reuse Preservation Agency Ordinance. There being no more appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AMENDING THE FY 2018-2019 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 Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AMENDING THE FY 2018-2019 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: Mayor Kawecki declared the Public Hearing open. There being no appearances, Mayor Kawecki declared the Public Hearing closed. UNFINISHED BUSINESS: AN ORDINANCE AMENDING SECTIONS 1329.02, 1333.07, 1337.07, 1339.07, AND 1363.2 AS IT RELATES TO RESIDENTIAL SETBACKS IN DEVELOPED BLOCKS AND RESIDENTIAL LIGHTING: The below entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING SECTIONS 1329.02, 1333.07, 1337.07, 1339.07, AND 1363.2 OF THE ZONING CODE AS IT RELATES TO RESIDENTIAL SETBACKS IN DEVELOPED BLOCKS AND RESIDENTIAL LIGHTING: City Manager explained, Council suspended the rules to have Chris Fletcher explain and answer questions. motion by Wallace, second by Dulaney, to approve the above entitled Ordinance. Motion carried 4-0. AN ORDINANCE ESTABLISHING A LAND REUSE/PRESERVATION AGENCY: The below entitled Ordinance was presented for second reading. AN ORDINANCE ESTABLISHING A LAND REUSE/PRESERVATION AGENCY FOR THE CITY OF 1 MORGANTOWN: City Manager explained and deferred to the City Attorney Ryan Simonton to explain and answer any questions. After discussion, motion by Wallace, second by Wendell, to approve the above entitled Ordinance. Motion carried 4-0. BOARDS AND COMMISSIONS: Mayor Kawecki asked members of Council if they wished to schedule a Special Meeting another day other than a City Council Meeting night, to interview candidates for Boards and Commissions. After discussion, by consensus to schedule a Special Meeting a day or two to interview for positions that are open. Mayor Kawecki also mentioned those who volunteer already and wish to continue to serve, if no other volunteer has applied to go ahead and appoint them. After discussion, by consensus, to move the volunteer(s) forward for those who are serving now but term has expired. PUBLIC PORTION: Mayor Kawecki declared the Public Portion open. Adam Rosefsky, 640 White Avenue, mentions the consent agenda and the School Resource Officer Resolutions that are passed through City Council. He feels that the Board of Education should pay the salary to have officers placed in the schools. He stated that the Resolutions should be placed on the agenda for discussion and not under the consent agenda. Danielle Trumble, 1141 Charles Avenue, questioned if the City has thought about buying tablets for City Council instead of giving Council a stipend. She also mentions Brenda Shinkovich, WVDAR, and stated that she has contacted Mayor Kawecki and the Urban Landscape Commission regarding a Gold Star Mother’s Plaque be places and feels that it is worthwhile effort, she encouraged Council to work with her in a proper location to place. Michael Clifford, 145 S. High Street, complimented the Deputy Mayor on a presentation on the Blue Zone Agency that was not on the agenda. He mentioned that he sent an email to all council members regarding annexation in certain areas on the edge of the City and he only received from 3 council members. He stated that he wants to wish the Deputy Mayor a speedy recovery and stated that the issues with him does not inoculate him from his past actions. He hopes that Council will look at his past actions and takes appropriate remedy of that. Debra Gordey, 52 Dustin Lane, is here this evening to ask City Council if they would consider naming the Walnut Street bridge after the late Frank Fidazzo, Former Morgantown Police Officer. Travis Chrisite, 740 Courtney Avenue, JoNell Strough spoke in favor of Travis who was not able to be there tonight but wanted to let Council know the he is in favor of Haymaker Forest. JoNell Strough, 608 Hess Street, she mentions that she is for the Blue Zone and feels it would be a great thing for the City. She stated that it is expensive and if there is a way that Morgantown can figure out how to do it, it would be exactly what this community needs. She mentioned to Council that it has been a little over a year through your term, and you were elected to do things throughout the City that was promised, and she stated that she has not seen a lot and wants to see some action. Evelyn Ryan, 225 Dewey Street, mentions the Boards and Commissions List no longer has a Charter Board, and stated that she feels there should be one, so it can be investigated to see what may need to be revised. She mentions about the SRO Officers in the schools and how she feels that it is a good to have them in the schools. Elizabeth Sneathen, 179 Bluegrass Village, she would like City Council to encourage civil disclosure to those public speakers at council meeting. She stated that everyone who speaks should speak civil. Young children watch at home and are even in attendance and feels that it will teach our children for the future. Tony Christini, 931 Southpoint Circle, agreed with Elizabeth as to her comments about speaking in public places. He mentions Deputy Mayor Mark Brazaitis being the strong leader of Council. He stated that he has been since day one and he would like for other Council members to catch up with what Deputy Mayor has done so far. He mentions annexation and Mylan about being 3 feet out the door with them having different offices in 30 countries. He would like them to be annexed into the City which would give the City more money from the B & O taxes. He feels that Morgantown’s main thing is collecting the B & O Taxes and there is a lot of unpaid taxes. He believes that this would give the City more revenue. He encourages Council to get moving and catch up to Deputy Mayor’s leadership and to move forward strongly. There being no one else wishing to speak, Mayor Kawecki declared the Public Portion closed. SPECIAL COMMITTEE REPORTS: Councilor Wallace mentioned the Health & Wellness meeting and stated there is a lot to do on the Blue Zone Project. WVU has initially agreed to fit the bill for the five-month assessment period study of the University and Community that they will need in order to proceed. The total bill that WVU will be paying is $250,000 and the City stands to benefit from the Assessment Study, should they proceed in collaboration with WVU to work on forming the 1st Blue Zone in the state of West Virginia. He felt that this will get WV on the map. He mentions that if anyone has any questions about it to contact the Health and Wellness Chair Colleen Harshbarger, the Staff at WVU that will be working with the Blue Zone Personnel. There is a Planning Session coming up this Friday for the Health & Wellness, which will help guide the goals of the commission and identify key projects that can be addressed. Councilor Dulaney mentioned the Morgantown History Museum Fundraiser that took place last Thursday evening. It was a near sell out and that it was a great success. He wanted to thank all of those who helped and participated to support the Museum and said that they all helped it be a success. CONSENT AGENDA: AN ORDINANCE AMENDING THE FY 2018-2019 ANNUAL BUDGET REVISED GENERAL BUDGET: The above entitled Ordinance was presented for second reading. AN ORDINANCE AMENDING THE FY 2018-2019 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: 2  Motion by Wallace, second by Wendell, to approve the above entitled Ordinance. Motion carried 4-0. AN ORDINANCE AMENDING THE FY 2018-2019 ANNUAL BUDGET REVISED COAL SEVERANCE FUND: The above entitled Ordinance was present for second reading. AN ORDINANCE AMENDING THE FY 2018-2019 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 Wallace, second by Wendell, to approve the above entitled Ordinance. Motion carried 4- 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. City Manager explained, motion by Wallace, second by Wendell, to approve the above entitled Resolution. Motion carried 4-0. A RESOLUTION APPROVING AGREEMENT WITH THE MONONGALIA COUNTY BOARD OF EDUCATION PROVIDING A SCHOOL RESOURCE OFFICER AT SUNCREST MIDDLE SCHOOL: The above entitled Resolution was presented for first reading. City Manager explained, motion by Wallace, second by Wendell, to approve the above entitled Resolution. Motion carried 4-0. A RESOLUTION APPROVING AGREEMENT WITH THE MONONGALIA COUNTY BOARD OF EDUCATION PROVIDING A SCHOOL RESOURCE OFFICER AT SOUTH MIDDLE SCHOOL: The above entitled Resolution was presented for first reading City Manager explained, motion by Wallace, second by Wendell, to approve the above entitled Resolution. Motion carried 4-0. A RESOLUTION APPROVING AGREEMENT WITH THE MONONGALIA COUNTY BOARD OF EDUCATION PROVIDING A SCHOOL RESOURCE OFFICER AT MORGANTOWN HIGH SCHOOL: The above entitled Resolution was presented for first reading City Manager explained, motion by Wallace, second by Wendell, to approve the above entitled Resolution. Motion carried 4-0. WVU FAN FARE FLOOR PLAN EXTERIOR REQUEST: City Manager explained, motion by Wallace, second by Wendell, to approve the request of a letter of endorsement to the WV Alcohol Beverage Control Administration (ABCA) for the Erickson Alumni Center to allow them to sell alcohol on all the home football games. Motion carried 4-0. MOUNTAINEER TAP HOUSE FLOOR PLAN EXTENSION REQUEST: City Manager explained, motion by Wallace, second by Wendell, to approve the request of a letter of endorsement to the WV Alcohol Beverage Control Administration (ABCA) for the Mountaineer Tap House Restaurant to allow them to sell alcohol on all the home football games. Motion carried 4-0. A RESOLUTION TO APPROVE AGREEMENT WITH MONONGALIA COUNTY ANIMAL CONTROL: The above entitled Resolution was presented for first reading City Manager explained, motion by Wallace, second by Wendell to approve the above entitled Resolution. Motion carried 4-0. SUPPORT MUB’S HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY: City Manager explained, motion by Wallace, second by Wendell to approve co-sponsorship in support of the Morgantown Utility Board’s Household Hazardous Waste Collection day in the amount of $5,000. Motion carried 4-0. NEW BUSINESS: None CITY MANAGER’S REPORT: New Business: 1. Ratify Recommendations from Traffic Commission 2. The City Engineer has brought to my attention that the Traffic Commission had recommended changes back in 2016. These include, but not limited to, changing parking, stop sign installations, painting double lines, removing a no right turn sign and painting a parking space. The recommendation also includes a trail period of creating one-way on Ashland Avenue and Tremont Street. Such an initiative will not be implemented without providing ample notice. 3  Please see attached memorandum dated July 20, 2018. Also, you find a copy of City Code 305.1 and 305.5 pertaining to posting stops signs and implementing one-way designations. The proposed recommendations are presented for your consideration. City Manager explained, Council suspended the rules to have Damien Davis, City Engineer, to explain and answer any questions. Ex. B 3. Tablets for City Council Meetings At the July 31st Committee of the Whole, we discussed the possibility of providing a stipend for city councilors to use tablets in lieu of City Clerk’s Office continuing to provide hard copy packets. Although the expense of providing new technology appears to be costly, the current paper method far exceeds the proposed method. Let me show you the annualized expense of providing hard copy packets. I have calculated out an average 250-page document that is produced for 34 to 35 meetings a year (for 11 people). On average, a hard-copy packet costs approximately $10. This is the breakdown (these are approximate estimates): Cost of ink, toner and copying machine $3,300.00 Paper 575.00 Delivery of packet through the Police Dept 1,300.00 Mileage / expense of the use of vehicle 275.00 Total $5,450.00 I am proposing a stipend to be provided every four years. This would be a reimbursement in the amount of up to $400.00 per council member, city manager, assistant city manager and city attorney. The dollar amount was taken of an average of tablets ranging from a basic Android model (priced at $220) to Microsoft Surface Pro (at the high end of $1,299). Those declining the reimbursement could seek a reimbursement at a later time. No stipend reimbursement would occur again sooner than four years after the first stipend. Should the City Council approve this proposal, we will no longer provide delivered hard-copy packets, starting with the first meeting in September. City Manager explained, approval was passed by consensus. Motion carried 4-0. 4. Blue Zone Project At Tuesday’s meeting, I will be providing follow up information on the Blue Zone Project presentation heard at Tuesday’s Committee of the Whole. This include staff time and certain expectations of deliverables. City Manager explained, no action taken at this time. REPORT FROM CITY CLERK: City Clerk, Linda Tucker was absent due to her being at the West Virginia Municipal League Conference and Heather Carl, Deputy Clerk was absent due to being on vacation. REPORT FROM CITY ATTORNEY: No Report REPORT FROM COUNCIL MEMBERS: Councilor Fetty: Councilor Fetty Absent Councilor Wallace: Councilor Wallace mentions that there is an obligation to raise an issue to be placed on a future agenda. He requested to Deputy Mayor Brazaitis to resign as the Deputy Mayor. He feels that ends do not justify the means. He is concerned that it has become common to refer to him as the “voice” of City Council. He stated that Council operates under Roberts Rule and is a non- partisan body. He requested from the City Manager an annexation plan and stated that he is very intrigued to see County Commission sign on to WVU open checkbook, which is a way to increase transparency. Councilor Selin Councilor Selin Absent Councilor Dulaney: To see Councilor Dulaney’s report reference attached Ex. C Deputy Mayor Brazaitis: Deputy Mayor Brazaitis Absent Councilor Wendell: To see Councilor Wendell’s report reference attached Ex. D Mayor Kawecki: Mayor Kawecki addressed concerns about folks perceiving things that are not being done. He mentions that Council has done many things and feels that they are making progress. He also mentions issues with the status of Deputy Mayor Brazaitis needs to be moved to the agenda to discuss. Announcements: 8/9/2018 Jazz Concert at Jack Roberts Park; 8/9/2018 Morgantown Public Library – Read 4  Baby Read; 8/8/2018 Work Day Wednesday at the WVU Core Arboretum; 8/10/2018 Morning Yoga in the Garden at the WV Botanic Gardens. ADJOURNMENT: There being no further business, motion to adjourn by consensus at 8:55 p.m. _____________________________ ___________________________________ City Clerk Mayor *A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD IN THE CITY CLERKS OFFICE* 5