City Council

REGULAR MEETING November 19, 2019: The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers of City Hall on Tuesday, November 19, 2019, at 7:14 pm. PRESENT: City Manager Paul Brake, City Clerk Christine Wade, Assistant City Manager Emily Muzzarelli, City Attorney Ryan Simonton, Mayor William A. Kawecki, and Council Members: Deputy Mayor Rachel Fetty, Zackery Cruze, Jenny Selin, Ron Dulaney, Dave Harshbarger, and Barry Wendell. The meeting was called to order by Mayor Kawecki. APPROVAL OF MINUTES: October 11, 2019, Downtown Workshop Meeting; November 5, 2019, Special Meeting; and November 5, 2019, Regular Meeting minutes were approved by consensus. CORRESPONDENCE: Mayor Kawecki read a Proclamation for Small Business Saturday and proclaimed November 30, 2019, as Small Business Saturday for the City of Morgantown. Mayor Kawecki recognized and congratulated Girl Scouts Arora Montgomery, Gwendolyn D'Aprile, Ellison Bruni, and Brigid Wilson for receiving the Girl Scout Bronze Award for their efforts in the community. Councilor Wendell and Deputy Mayor Fetty stated that they have received many letters from citizens regazding the Drag Queen Story Time at the Morgantown Public Library, which was ultimately cancelled. PUBLIC HEARING: None UNFINISHED BUSINESS: None BOARDS &COMMISSIONS: Motion by Harshbarger, second by Selin, to appoint Ramsey Kinsella to the Human Rights Commission. Motion by Dulaney, second by Deputy Mayor Fetty, to appoint Mazley Hazen to the Woodburn School Redevelopment Commission. Motion by Selin, second by Wendell, to reappoint by consensus Harrison Case to the Board of Zoning Appeals. Motion by Cruze, second by Selin, to appoint AJ Hammond to the Planning Commission. PUBLIC PORTION: Mayor Kawecki declazed the Public Portion open. Liira Reinz, 777 Chestnut Ridge Road, WV Healthy Kids and Family Coalition, spoke in opposition of the removal of homeless tent camps within city limits. Mollie Kennedy, 424 Grand Street, on behalf of the WV Chapter of the ACLU, spoke in opposition of the removal of homeless tent camps within city limits, and requested answers to multiple questions regarding the rights of the homeless. She also requested information on how the cancellation of "Drag Queen Story Time" will be addressed in the community. Ash Outright, 262 Kingwood Street, spoke in concern for the lack of protection policies for the LGBTQ community regarding the cancellation of the "Drag Queen Story Time", and suggested council begin a LGBTQ working group. Rayna Momen, 128 Birds Eye View Drive, spoke in opposition of the removal of homeless tent camps within city limits. Alissa Ponzurick spoke in opposition of the removal of homeless tent camps within city limits. Danielle Ludwig, 125 South Walnut Street, on behalf of Health Right, spoke in opposition of the removal of homeless tent camps within city limits. She suggested that Council work with non-profit organizations to come to a solution for the homeless. Sarah Padarqui spoke in support of Morgantown becoming a more inclusive community for the LGBTQ community. Amanda Alge spoke in opposition of the removal of homeless tent camos within city limits and suggested that council consider beginning a Homeless Court process. There being no other speakers, Mayor Kawecki declared the Public Portion closed. SPECIAL COMMITTEE REPORTS: None CONSENT AGENDA: None NEW BUSINESS: None 1 CITY MANAGER'S REPORT: Information: 1. Notice of Sale of Surplus Vehicles and Equipment City staff is in the process of preparing vehicles, trailers and equipment for a surplus auction. A list of items to be auctioned was provided for informational purposes only. Sales are governed by W. Va. Code 8-12-18(b). No council action was required authorizing such a transaction and the City is permitted to use an online auction service. For transparency, we are required to publish a notice of the time, terms, place of sale, and vehicle description as a Class II newspaper ad (once a week for two weeks). The City Attorney is working with Airport and Public Works staff to coordinate this with JJ Kane (our contractual auctioneer). City Manager Paul Brake discussed the online sale of surplus vehicles and equipment. 2. Proposed BOPARC Levy City Manager discussed the proposed BOPARC levy cost and what groups will benefit from it. New Business: 1. Award Consultant to Conduct Housing Affordability Study In the City's Strategic Plan (2017- 2019), City Council identified attainable housing as one of the primary goals. As stated in the document, "Strive to expand affordable housing options in the community through inclusive accessibility to all." The cost of a consultant's study to conduct the housing affordability mazket study was included in the current Capital Escrow Budget. The purpose of the study is to identify all data needed to provide a complete understanding of existing conditions in the housing market and existing economic trends in the city as well as surrounding area. This includes housing needs currently not met and housing types currently not available. The scope of the study includes identifying current and future housing trends taking into consideration the size, cost, age and use of existing stock. As we look into the future, this study will provide projections for job growth and industry expansion and the impact that growth may have on housing options within the City. What we hope to gain is recommendations to address long and short-term housing needs within the City, incorporating data, projections, national best practices, and insights from community leaders. Included in the packet was a memorandum from Development Service Director, Chris Fletcher, recommending the selected consultant to carry out the study. Based on our review and analysis, we have selected other additional services (mentioned in the memorandum) and the amount needed for the entire scope of the project. Included with the Director's memorandum was a copy of an overview study entitled, "Zoning and Affordability Housing White Paper" compiled by the City's Development Services Department. This was originally presented to the Planning Commission roughly a year and half ago. City Council action is needed to award the consultant's proposal. As mentioned in Mr. Fletcher's report, Bowen National Research is the recommended qualified firm. The contract award is in the amount of $34,800 and this is presented for your consideration. City Manager discussed the proposal for hiring Bowen National Research to complete the Housing Affordability Study in the city. The study will include a development opportunities analysis, resident surveys and identification of blighted areas/properties, resulting in a cost of $34,800. Motion by Dulaney, second by Deputy Mayor Fetty, to approve the hiring of Bowen National Research to complete the Housing Affordability Study in the amount of $34,800. Motion carried 7-0. 2. Award Credit Card Processing Services for Finance, Municipal Court, Police Records, and the Metropolitan Theatre City Manager explained that the Finance Department issued a Request for Proposals (RFP) for Credit Card Processing Services for Finance, Municipal Court, Police Records, and the Metropolitan Theatre. The notice was printed in the Dominion Post on August 28, 2019, and September 4, 2019. It was also advertised on the City of Morgantown website. Vendors were given until September 20, 2019, to submit proposals. As a result of this RFP, six vendors submitted proposals. Staff has conducted an evaluation of the proposals submitted and determined that two vendors met the requested criteria and were selected for further review. After cazeful review of the proposals and the informational sessions with the specific vendors, City staff has reached consensus of the preferred provider and this recommendation is presented for Council consideration. City Council action is needed to authorize the City Manager to enter into an agreement with Heartland Payment Systems. A motion is needed for this formal authorization. After discussion, motion by Dulaney, second by Deputy Mayor Fetty, to approve the Credit Card Processing Services to Heartland Credit Card Processing Services. Motion carried 7-0. REPORT FROM CITY CLERK: City Clerk Christine Wade spoke about the 2020 Legislative Session that is scheduled for December 3, 20] 9. She spoke in favor of Officer Jeremy Basinger and his swearing in ceremony to the Morgantown Police Department on November 12, 2019. She mentioned that 18 candidates passed the written exam for the entry level police officer position with the Morgantown Police Department, 13 out of the 2 18 candidates passed the agility test, resulting in a 72%success rate. She also mentioned the upcoming written exam on November 25,2019 for the 41 candidates that passed the agility test for the Morgantown Fire Department. She mentioned that she met with City Attorney Ryan Simonton and six Board and Commission members for orientation on November 19, 2019. REPORT FROM CITY ATTORNEY: shared that the new board member orientations seem to be helping and that it is great to get a chance to meet up front with the new volunteers. He stated that he continues to be amazed how many and how qualified the people are who serve in that capacity. The Personnel Board met to consider the Foster Leave policy which was last presented to council at the September Committee of the Whole. They have prepared their recommendations to council and they will be presented in the form of an ordinance available for adoption at the November Committee of the Whole meeting. The initial documents submitted to council was the leave policy adopted by the City of South Charleston which provided eight hours of leave per event where custody of a child is taken. The board members considered the policy, and I with the input of councilor Cruz, will recommend to council that the to leave granted be 16 hours per event, but no more than 32 hours in any calendar year. REPORT FROM COUNCIL MEMBERS: DEPUTY MAYOR FETTY: shared that she went to a symposium on research of opiates and that it was a very interesting experience noting that the goal was to connect researchers with policymakers. She stated that this is a critical point of contact that we really need to focus on as we look at issues that were brought to us, and finds that the biggest struggles that she has as a policymaker are related to access to research and access to research that is not biased. They advised at the symposium that we can call them anytime. The city did not cancel the library event, nor did the library. Deputy Mayor shazed that it is inappropriate for the city to weigh in on library programming and that it is a violation of our First Amendment rights. She received several ►etters requesting that city council take action to stop that event. She stated that in the spirit in which it was given, which was a spirit of concern, she wanted to take a minute to remind folks that because many of the letters that she received specifically voiced abiblically-based concern. She shared that it is our responsibility as a municipal government to ensure that whatever else we do that we do not infringe on anyone's constitutional rights. There will be a community dinner downtown at Spruce Street on December 8, 2019, and the dinner starts at 4:00 p.m. and ends at 6:00 p.m. Regarding the tent cities, she thinks it's a mark of wisdom to acknowledge that you've reached the limits of your ability to come up with solutions. This is a problem that we have to address and luckily there aze people who addressed it before us. She knows that everyone on council is committed to taking the time to figure it out. COUNCILOR CRUZE: shared that when he was 18 years old everything he owned was put in his backyard. He shared that he had no life skills and that he did not know how to be an adult. Through the next month and subsequent year or so everything he owned was decreased to what would fit into a small bag. He tried to keep his things in a storage building but he wasn't always able to make the payment so eventually he lost everything that was in the building. Some of the things he lost were his baby photos and his trophies from sports when he was a kid. He shared that he got lucky because someone picked him up off the street and let him stay in their house. He asked what the difference between what he was then to what he is now, where now his belongings matter. Is it because of his nice clothes now? He stated that there is a different way that he is treated when he looks not so dressed up versus how he looks during council meetings. He asked what is it that makes someone's home and belongings important enough that we're not just going to take them but we will also throw them all away. He wants to know why these camps were torn down when it is going to freeze tonight? I{e also would like to know what the city's policy is on this. COUNCILOR SELIN: shared regarding the tent camp removal that there are official places that people can and can't camp, and that we have to figure out some way to humanely not take people's personal belongings, but provide housing when it's needed and also provide security. From time spent assisting persons in this circumstance she did see in people's bags and the things that were in the bags were very personal such as framed photos. She advised that she spoke with a young man who carried a heavy bag for a while and shared that perhaps the solution is a locker somewhere in a secure location for their belongings noting that we doiit want to set people back but we do have to figure out how to have thoughtful housing that works for everyone. She shared that small business Saturday touches her in a very personal way because that's how her family supported themselves for 35 years. She shared that people can make every Saturday small business Saturday and that will show which businesses the community would like to see remain. She appreciates BOPARC and the continuing quest for putting the ice arena into a firm financial footing. The Botanic Garden is also working on a project right now to build a building that will house equipment and some of the things that they need to have to put on their programming. She attended the friends dinner on Saturday and I looks forward to the next event. There was a cleanup sponsored by sunny side up and she stated that it was nice to see students out there cleaning up. COUNCILOR DULANEY: shared regarding the levy that he initially was disappointed by the reduction that was going to go to BOPARC but advised after learning more that he appreciates the position the city is taking. He shared that his family will benefit tremendously from Chestnut Ridge Park and that it is a great resource that many treasure noting that if a levy will help support programming at that park that it certainly will benefit many 3 residents of both the city and the county. He also shared that his Family participates in the Morgantown United Soccer League every Saturday or Sunday in the fall and spring and it is his understanding that they also will benefit. He stated that he is very happy to see that we are taking a broader approach and looking at how we can improve recreation community wide. His thoughts about the drag queen story hour from the beginning that this was a library Director and board level decision and that he would support their judgment and their decisions. He shared that he was disappointed that it was cancelled. On the issue the downtown camps he stated that this is a symptom of the larger issues that we're facing as a city. He was unaware of the camp removal and stated that he will reserve judgment until he receives a full accounting of what happened, but states that we've got to find a way to stop repeating responses that aren't addressing the long-term issue. He stated that we task our City Manager to come up with a strategy for addressing. He is very happy about the housing affordability studies and that affordable housing is one of our priorities as council and that it is really an important first step. Good policy is based on evidence, and this will help provide the evidence with a better understanding of where the gaps are. Regarding the Morgantown History Museum exhibit entitled Morgantown Waterways, he encouraged everyone to go down and check it out. COUNCILOR HARSHBARGER: shared that the Metropolitan Planning Organization bicycle and pedestrian plan is out and is very exciting and he looks forward to discussing that further and hopefully being able to implement pieces of it as it will be a great asset to our community and help a lot economically. The Mon River Trail Conservancy had a board retreat this past week and priorities were identified. They discussed how they can best provide the resource to make these things happen. A lot of it comes to maintenance and fundraising. Three of the four bike Fix-It Stations have been installed, the last one will go on VanVoorhis. On November 22nd the County Commission and the West Virginia Coalition to end homelessness will have a meeting with the goal of placing 15 families and 15 homes by Christmas. Regarding the invite list he is hoping that there are people that can help put the services in place to help make that a success. He curiously looks forward to that being ashort-term goal for the situation. As a rail trail board member, the tent cities have been an issue for three years. He stated that he was unaware of the camp removal and that in the past it's been a challenge to figure out how to handle. It's a safety issue for the trail users, as well as people that are out this time of year in the weather. From needles and trash, to people being harassed, it is a symptom of a larger problem. He also stated that letting this persist is not the answer. COUNCILOR WENDELL: Provided the following. "I took the cancellation of Drag Queen Story Time hard. We an Council had received a number of letters from people who objected to the event some well-written, some not. 1 answered a few, although 1 thought the underlying problem was prejudice against gay and trans people. Ultimately, the event was canceled because of threats to the performers, the library and the city as a whole. These were threats from an identifiable person on the Facebook page of a former elected official, who apparently supported these threats. This person brags about his guns on his own Facebook page and directly threatened to close down the Drag Queen event. A letter from the Police Chief indicates that the threats couldn't be investigated because no one filed a complaint. 1 don't understand why this domestic terrorist threat could not be investigated. Do we have to wait for someone to be killed? The performers told me that they were told by an officer that it was unlikely an investigation would take place. The performers were somewhat intimidated by the police, and didn't file, but later, they decided to file and couldn't for some reason. 1have asked Paul Brake for a meeting with Chief Preston to discuss these issues. We may need to look again at the proposals from our Human Rights Commission to make the city more inclusive and safer for all people. Ash Cuthright's handout today provides guidelines to where we can improve. I wondered why West Virginia is ranked by the Williams Institute at UCLA as the least gayfriendly state. Now 1 know why. 1 can't help but wonder how people can be so worried about "the children" and not care that 70,000 children are being held at the border, that the government is trying to end healthcare for millions of children, especially those with pre- existingconditions, and plans to end free and reduced price lunches for poor schoolchildren. We received mailfrom what 1 would call anti-gay hate groups, and I'm sorry that some Councilors answered these as if they were answering swell-reasoned argument. Had I answered these letters, 1 would have said "You need psychiatric help for your sickness." 1am gratefulfor the turnout for the demonstration Saturday to support the library. 1 only found out from Facebook today about the removal of the belongings of homeless people along the rail trail. 1 know there have been complaints in Greenmont Sabraton and South Park about the theft of articles from peoples homes, of people breaking into cars and making people feel unsafe. We need to deal with that but punishing people who are already down on their luck is wrong. Group punishment is illegal. As to housing, there are some good ideas in our packet. There may be a political problem in adding housing to established neighborhoods, which is one idea worth discussing. The Morgantown Area Partnership could help things by pushing for a higher minimum wage for employees, which would possibly make housing more affordable. There are empty lots in town, especially downtown and in the Wharf District where a developer, with help from our planning and zoning departments, could build housing for people who work in town. 4 Since next week is our Committee of the Whole, 1 will take time tonight to wish everyone a thankful Thanksgiving. loe and 1 will be in Memphis, Tennessee with members of his family." MAYOR KAWECKI: shared that the History Museum event was well attended and well-presented and is another testimony to a group of volunteers who manage to keep it going. Regarding Councilor Harshbarger's comments about the Rail Trail and what has been faced on the trail between the kinds of problems that we've run into in the past is significant. This is all long going problem that has stretched into the neighborhood. These are things that have been going on for the longest period and the testimony he provided is that our Police Department has been very tolerant and charitable in the way that they have handled these situations. They warned those involved that this was happening, that they were trespassing, and that they needed to gather their things and move on. The Police Department was also willing to stand out here and protect people who were coming to the library. He shared that we owe them a depth of gratitude. The truth of the matter is that it really is a societal problem and what we really need to come up with is better mental health treatment and do something about poverty. He commented to Councilor Wendell that his idea of raising the rates of what we pay people is probably appropriate. It's about human dignity and about trying to find a balance. He shared that they are all trying to make a difference, that it is why they are here. Some announcements, Empty Pockets is doing Macbeth and it is on November 22nd at 8 p.m. The Metropolitan Theater has a lot going on with many shows and they are at different times throughout different days, and a very small amount of money. There is a free Thanksgiving dinner for the community being offered by Wesley United Methodist Church, Thursday, November 28th from 12:30 p.m. to 3 p.m. EXECUTIVE SESSION: Pursuant to West Virginia State Code Section 6-9A-4(b) to discuss acquisition of property in the Fifth Ward. Motion by Harshbarger, second by Deputy Mayor Fetty, to go into Executive Session. Motion carried by acclamation. Present: City Manager, City Attorney and Council. Time: 9:03 p.m. EXECUTIVE SESSION: Pursuant to West Virginia State Code Section 6-9A-4(b) to discuss litigation. Motion by Harshbarger, second by Deputy Mayor Fetty, to go into Executive Session. Motion carried by acclamation. Present: City Manager, City Attorney and Council. ADJOURNMENT: There being no further business, motion by, second by, to adjourn the meeting. Time: 10:17 p.m. ~~ yUr * ALL COUNCIL MEETINGS ARE AVAILABLE ON DVD IN THE CITY CLERKS OFFICE* 5