City Council

City of Morgantown 389 Spruce Street, Morgantown, WV 26505 REGULAR MEETING July 7, 2020 The Regular Meeting of the Common Council of the City of Morgantown was held via Webex on Tuesday, July 7, 2020, at 7:25 p.m. To protect public health during the COVID-19 pandemic, personal attendance at the meeting was not permitted. When it was time, the public participated in the public portion by videoconference at the following link: https://cityofmorgantown.my.webex.com/meet/cityofmorgantown with meeting number (access code) 793 734 477, or by calling in at the following number 408-418-9388 and using the access code 793 734 477. All members of the public could view the meeting on Channel 15 and by streaming hosted on the City’s website at www.morgantownwv.gov. Any person wishing to speak at the meeting could complete the form at http://morgantownwv.gov/FormCenter/Public-Comment-Sign-Up-Sheet- 14/Public-Comment-Morgantown-City-Council-M-78 or provide their name, phone number they would be using to participate, and the topic on which they would like to speak by texting 304-288-0847 or texting 304-288-7072. Individuals could sign up to speak at any time until the meeting began. Additionally, the public could submit written comments for the public portion of the meeting by sending written comments via email to the City Clerk at cwade@morgantownwv.gov. In the email, using the subject line "Public Comment 07/07/2020" and indicating in the body of the email if they would like their comment read aloud during the public portion of the meeting. PRESENT: Via Webex were Interim City Manager Emily Muzzarelli, City Attorney Ryan Simonton, City Clerk Christine Wade, Mayor William A. Kawecki, Deputy Mayor Rachel Fetty, and Council Members Zackery Cruze, Jenny Selin, Ron Dulaney, Dave Harshbarger, and Barry Wendell. The meeting was called to order by City Clerk Christine Wade. ELECTION OF MAYOR & DEPUTY MAYOR: Nominations of Mayor: Motion by Deputy Mayor Fetty to nominate William A. Kawecki for Mayor. Motion was failed 3-4 with Councilor Cruze, Councilor Dulaney, Councilor Harshbarger, and Councilor Wendell voting no. Motion by Councilor Cruze to nominate Ron Dulaney, Jr. for Mayor. Motion carried 7-0 After Council vote, Ron Dulaney was voted Mayor for the 2020-2021 term. Nomination of Deputy Mayor: Motion by Councilor Selin to nominate Councilor Fetty for Deputy Mayor. Motion carried 4-3 with Councilor Cruze, Mayor Dulaney, and Councilor Wendell voting no. Motion by Mayor Dulaney to nominate Councilor Cruze for Deputy Mayor. Motion failed 3-4 with Councilor Fetty, Councilor Kawecki, Councilor Selin, and Councilor Harshbarger voting no. After Council vote, Rachel Fetty was voted Deputy Mayor for the 2020-2021 term. OATH OF OFFICE FOR MAYOR & DEPUTY MAYOR: Mayor Ron Dulaney, Jr., and Deputy Mayor Rachel Fetty took their oath of office for the 2020-2021 term in a ceremony led by City Clerk Christine M. Wade. APPROVAL OF MINUTES: June 2, 2020 Special Meeting minutes; June 2, 2020, Regular Meeting minutes; June 16, 2020, Public Hearing minutes; June 16, 2020, Regular Meeting minutes; June 30, 2020, Special Meeting minutes; June 30, 2020, Committee of the Whole Meeting minutes were approved as printed. CORRESPONDENCE: Councilor Wendell correspondence related to defunding the police, return of WVU students, status of the City, community/composting garden, invitation to a play titled Porch Swing Melodies, paving and repaving, and mandating masks; Councilor Harshbarger correspondence related to pedestrian cross walk signs and adult swim; Deputy Mayor Fetty correspondence related to repaving Spruce and Willey Street, pedestrian crossing, Republic trash pickup, defunding the police; and Councilor Selin correspondence related to recycling not being picked up in 4th and 7th Wards, Baldwin Street MUB project timeline, suggestion related to a BOPARC position dealing with trail construction. PUBLIC HEARING: AN ORDINANCE AUTHORIZING A PLANNING A ZONING TEXT AMENDMENT FOR SECTIONS 1329.02 AND 1331.05 AS THEY RELATE TO PUBLIC AND PRIVATE EV CHARGING STATIONS Mayor Dulaney declared the Public Hearing open. There being no appearances, Mayor Dulaney declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AUTHORIZING A ZONING MAP AMENDMENT FOR WEST VIRGINIA HOSPITALS (445 VAN VOORHIS ROAD) Mayor Dulaney declared the Public Hearing open. Seth Wilson spoke in favor of approval of the amendment. There being no other appearances, Mayor Dulaney declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AUTHORIZING AN EASEMENT TO ZAYO AT THE MORGANTOWN MUNICIPAL AIRPORT Mayor Dulaney declared the Public Hearing open. There being no appearances, Mayor Dulaney declared the Public Hearing closed.  City of Morgantown UNFINISHED BUSINESS: None BOARDS & COMMISSIONS: Motion by Councilor Harshbarger, second by Councilor Kawecki, to reappoint Kristen Cooper and Jan Derry, by consensus, to the Human Rights Commission. Motion by Councilor Wendell, second by Councilor Cruze to appoint Ash Cutright, by consensus, to the Human Rights Commission. Motion by Councilor Cruze, second by Councilor Selin, to appoint Amy Chandler, by consensus, to the Human Rights Commission. PUBLIC PORTION: Mayor Dulaney declared the Public Portion open. Dr. Jerry Carr reminded individuals that there will be free COVID – 19 testing at the Farmer’s Market this Friday and at Mountainview Elementary School on Saturday from 9:00 a.m. to 4:00 p.m. Dr. Carr also expressed concern for the lack of free testing in the future and the sudden rise in positive cases. Christine Wade read a written comment submitted by Colleen Harshbarger. Colleen expressed appreciation for the newly renovated Hazel Ruby McQuain Riverfront Park and expressed frustration with individuals littering and loitering at the new park. Christine Wade read a written comment submitted by Christine Green. She expressed concern for individuals disregarding the mask order given by the Governor. There being no additional individuals to speak, Mayor Dulaney declared the public portion closed. SPECIAL COMMITTEE REPORTS: CONSENT AGENDA: AN ORDINANCE AUTHORIZING A PLANNING A ZONING TEXT AMENDMENT AS THEY RELATE TO PUBLIC AND PRIVATE EV CHARGING STATIONS: The below entitled Ordinance was presented for second reading. AN ORDINANCE AUTHORIZING A PLANNING A ZONING TEXT AMENDMENT FOR SECTIONS 1329.02 AND 1331.05 AS THEY RELATE TO PUBLIC AND PRIVATE EV CHARGING STATIONS AN ORDINANCE AUTHORIZING A ZONING MAP AMENDMENT FOR WEST VIRGINIA HOSPITALS (445 VAN VOORHIS ROAD): The below entitled Ordinance was presented for second reading. AN ORDINANCE AUTHORIZING A ZONING MAP AMENDMENT FOR WEST VIRGINIA HOSPITALS (445 VAN VOORHIS ROAD) AN ORDINANCE AUTHORIZING AN EASEMENT TO ZAYO: The below entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING AN EASEMENT TO ZAYO AT THE MORGANTOWN MUNICIPAL AIRPORT Motion by Councilor Selin, second by Deputy Mayor Fetty to approve all above ordinances. All were approved by consensus. NEW BUSINESS: AN ORDINANCE AMENDING THE WILES HILL GATEWAY OVERLAY DISTRICT: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING SECTION 1329.02 AND CHAPTER 1331 AND ESTABLISHING ARTICLE 1358 THE WILES HILL GATEWAY OVERLAY DISTRICT OF THE CITY OF MORGANTOWN PLANNING AND ZONING CODE Interim City Manager Emily Muzzarelli stated that approval of this ordinance would create an 3-block overlay district to serve as a demonstration of land use for any new construction in Wiles Hill. Motion carried 7-0. AN ORDINANCE AMENDING ARTICLE 919 GOVERNING ADDRESSING AND MAPPING STANDARDS: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING ARTICLE 919 GOVERNING ADDRESSING AND MAPPING STANDARDS Interim City Manager Emily Muzzarelli stated that approval of this ordinance would allow updates to the current addressing and mapping standards to coincide with the county’s current ordinance. After discussion, motion by Councilor Harshbarger, second by Deputy Mayor Fetty, to approve the above entitled Ordinance to second reading. Motion carried 7-0. AN ORDINANCE AUTHORIZING A DEED TO RDR PROPERTIES: The below entitled Ordinance was presented for first reading. AN ORDINANCE AUTHORIZING A DEED TO RDR PROPERTIES TRANSFERRING PROPERTY AT THE MORGANTOWN MUNICIPAL AIRPORT Interim City Manager Emily Muzzarelli stated that approval of this ordinance would allow transfer of property at the Morgantown Municipal Airport to RDR Properties. After discussion, motion by Councilor Kawecki, second by Councilor Selin, to approve the above entitled ordinance to second reading. Motion carried 7-0. A RESOLUTION APPROVING THE 2020-2021 BUDGET FOR THE MORGANTOWN CAPITAL ESCROW FUND: The above entitled Resolution was presented for first reading. Interim City Manager Emily Muzzarelli stated that this resolution would approve 2020-2021 budget for the Capital Escrow Fund. The fund includes a revision to expend funds for the Woodburn School building, the 8th street sidewalk project, and to the  City of Morgantown United Way for emergency feeding program. After discussion, motion by Deputy Mayor Fetty, second by Councilor Selin, to table to gather additional information before a decision is made. Motion carried 7-0. A RESOLUTION AUTHORIZING APPLICATION FOR THE WEST VIRGINIA JUSTICE ASSISTANCE GRANT: The above entitled Resolution was presented for first reading. Interim City Manager Emily Muzzarelli stated that approval of this resolution would allow the City Manager to submit the application for the Fiscal Year 2020 West Virginia Assistance Grant Program requesting funding in the amount of $40,000. The grant funds would allow for continuation of a Prevention Resource Officer present in Mountaineer Middle School and Suncrest Middle School. After discussion, motion by Councilor Selin, second by Councilor Harshbarger, to approve the above entitled Resolution. Motion carried 5-2 with Councilor Cruze and Councilor Wendell voting no. ADOPTION OF VACANT STRUCTURE EXEMPTION PROCEDURE: The above entitled adoption of Vacant Structure Exemption Procedure presented for first reading. Interim City Manager Emily Muzzarelli stated that adoption of this procedure would allow property owners to apply to be exempt from the Vacant Structure Code if applicable. After discussion, motion by Councilor Kawecki, second by Councilor Cruze, to approve the above Adoption of Vacant Structure Exemption Procedure. After discussion, motion by Deputy Mayor Fetty, second by Councilor Selin, to amend the procedure and table to bring back to the July 21, 2020, Regular Meeting Agenda for more discussion. No motion was taken as this was approved by consensus. CITY MANAGER’S REPORT: Information: 1. Sales and Use Tax Interim City Manager Emily Muzzarelli stated that the city is working to correct why the state tax office notified a small group of businesses located outside of city limits to collect the city’s additional 1% sales tax, which started July 1, 2020. 2. Health Insurance & Employee Clinic Interim City Manager Emily Muzzarelli stated that the city is planning to switch health discount providers which will result in significant cost savings for the city and employees. 3. Update on LGBTQ+ Liaison Positions and Minority Liaison Coordinating Council Interim City Manager Emily Muzzarelli stated that she has been working with the Morgantown Police Department to identify interested police officers to serve as the LGBTQ+ Liaison Position in the police department, and that she has reached out to multiple organizations including the NAACP, Islamic Centers of Morgantown, Fairness WV, and the Northern WV Center for Independent Living to form the Minority Liaison Coordination Council. 4. Strategic Plan Update Interim City Manager Emily Muzzarelli stated that Novak Consulting Group has provided information from the session and that city staff will be working to form objectives from the information provided. 5. Focus Workweek Pilot Program Update Interim City Manager Emily Muzzarelli stated that the focused workweek began on Monday, July 6, 2020, and that the city staff will be monitoring and assessing the program throughout the pilot length. New Business: 1. Agency Allocation Request to United Way to Support Feeding Programs Interim City Manager Emily Muzzarelli stated that the $100,000 allocation to the United Way would be used to repair and purchase commercial kitchen equipment for use at the former Ramada Inn building. The building will be used in the short term for a community food box program. REPORT FROM CITY CLERK: shared comments from Chief Stone of the city’s Code Enforcement Department that he appreciated those who volunteered to do snow removal. Chief Stone asked for their names to be read aloud publicly to share his appreciation for their volunteer service. Chief Stone has reached out to those folks personally through email and Ms. Wade read one of the emails which Chief Stone sent. “Thank you for volunteering to help our elderly and disabled this winter and the event they need snow and ice removed from their sidewalks and driveways. Your contact information is put on our call out list of volunteers. Again, thank you for volunteering.” Ms. Wade read the names of the volunteers and shared once again Chief Stone’s appreciation. REPORT FROM CITY ATTORNEY: shared that the Development Services Director has been leading a group of staff working to update the city’s special events permitting process and forms. That will require amendment to the city's codes article 311 and 315. We will expect to have this for the July 30 Committee of the Whole. At the next meeting there will be a proposed order on the declaration of public nuisance for the three properties presented at the meeting in June and now an updated and revised process for the request for exemptions under the vacant structure. REPORT FROM COUNCIL MEMBERS: COUNCILOR WENDELL: Councilor Wendell provided the following. “We thought we had gotten off easy in West Virginia, with only a few cases of Covid-19 showing up, and most of those in nursing homes. Maybe we were too complacent, because there have been more than a hundred cases in our county in the last four days, and most of them have been among young people. The Governor has mandated that everyone wear masks in public buildings, but there is no enforcement or fine, and I’m sure greeters at big box stores will not want to confront belligerent customers who refuse to mask. Tom Bloom of the Monongalia County Commission has asked for permission from the state to levy fines, and I hope that happens. In addition to the transmission of the disease, I’m concerned about the economic fallout. In April, MUB agreed to not cut off water service for non-payment and with the courts closed, landlords could not evict tenants who might be out of work. That’s no longer the case. If we need to call an emergency meeting, as City Attorney Simonton said we might, to reinstate those things, we should do it. And if we can mandate fines for not wearing masks, even if we had to do that on a city level, that would be helpful as well. We are living in scary times.  City of Morgantown We heard from Christina Green from the public about the need for putting teeth into the mask mandate and Dr. Jerry Carr talked about testing Friday and Saturday, and how overwhelmed the County Health Department is at this time. We need to do what we can about these items.” COUNCILOR HARSHBARGER: shared Councilor Wendell’s comment regarding putting teeth behind that requirement if that is the wishes of the city. He would like to focus on Hazel Ruby Park and what a great new asset that is, however, it is already being used in illegal activity in a way that is going to scare and drive off families. He requests that we have some kind of a police presence to ensure that it's not being used in a way that degrades the space. Related to the Mon River Trail Conservancy Board, we did allocate up to $3,500.00 for bike racks and signage info that can be inside of the park area for trail users. The Executive Director is happy to work with the city to figure out locations. Regarding the terms of City Council possibly moving to four years with staggered terms, he also suggested perhaps the Mayor to be a two-year term. COUNCILOR SELIN: shared that if council is going to suggest that the Mayor be a two-year term also that they may also consider the Deputy Mayor be a two-year term as well, or that the Mayor to be a two-year term and the Deputy Mayor be a one-year term. She would like to see those be hand-in-hand and potentially be two years each. She appreciates the work of BOPARC as far as the pools being open and there is a new sign regarding the Governor's mandate that people need to cover their faces as they go through the locker rooms into the pool areas because those aren't indoor spaces. Council Selin stated that she is very interested in more free testing being available and looking at Federal and State funding that could funnel through to the provision of that testing. She would like to hear from the Monongalia County Health Department pertaining to what the plans are for our area and what additional dollars could do and planning with the county to request from the state. She appreciates how gorgeous the park is and shares similar concerns with Colleen Harshbarger about things that we need to do immediately to make our park functional for people. A request from some of the people who reside at the View of the Park that possibly a coffee truck being available in the morning and possibly ice cream in the evening. We could put a request for proposals out for a vendor who might want to come with a coffee truck couple mornings a week just to see how it goes or five mornings a week if they wanted. She shared that the city should be proactive about having activities properly socially available and that people could wear their masks and keep 6 feet apart and start to use the park in a manner that we intended when we put so much time and effort into it. COUNCILOR CRUZE: shared that we saw a 60% increase in Covid cases this week and made national news as one of the fastest growing states and we are not doing much about it. He stated that we did more in the very beginning when we have very few cases than we are doing now. He asks that council have an emergency meeting as soon as possible to address what emergency measures the city could take related to this. He would like to see gathering size limitations put back in place as he is aware of an organization that required the employees today to attend an in-person gathering of over 40 employees. The employees were not allowed to opt out and were told to go and get on board. He would also like to see teeth put to the mask to include how to properly wear them, especially now that students are about to return, and many positives are popping up from student population. COUNCILOR KAWECKI: shared his congratulations to Mayor Dulaney and Deputy Mayor Fetty. He hopes Mayor Dulaney will bring a new energy and a new perspective and he is looking forward to what's going to happen. He thanked everybody including Administration for being so helpful during his term as Mayor. He will be happy to continue and finish out his term and shared that he will be as available to Mayor Dulaney as he needs. DEPUTY MAYOR FETTY: shared that many businesses in Morgantown are facing some very dire situations right now in particular restaurants and other entities where folks have been dining in. A lot of those places are voluntarily closing, or they are turning to cake out or carry out only. This is a profoundly frightening situation for a lot of the businesses in our community and she hopes that we will all join to support them as much as we possibly can. Unfortunately, it looks if we are looking at a long-term series of openings and closings on the part of businesses that affect waves of illness in our communities and in a college town. The most supportive thing that we can possibly do is wear our masks and make sure that we are not jeopardizing only individuals, but also the economy. The best way to protect our economy and to protect our small businesses is to wear our masks, maintain social distancing, and don't put employees at risk. MAYOR DULANEY: gave a shout out to the Public Works Department who have been ditching in the Woodburn neighborhood this weekend in very high temperatures and they are doing an awesome job. He thanked Councilor Bill Kawecki for his tireless service over the last three years. He has provided tremendous service to our city, has been hard-working, available to our constituents, always had the best interest of the city, and is truly appreciated for what he has done for us. He thanked council for entrusting him with this responsibility, is very humbled, and stated that he will do his best to serve them well. He will continue serving our constituents and asked that council let him know when he is not. He will be learning the ropes and will do his best and he is sure that there will always be opportunities to be better. At the request of at least four councilors who are interested in having an emergency meeting to discuss what our options might be as a city and to include the Monongalia Health Department, he will work with Ms. Muzzarelli to coordinate and set that up over the next few days at least get a set up over the next few days. EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9A-4 (2) (B) (12) to discuss potential or pending litigation. Mayor Dulaney adjourned before the Executive Session was read. There was no executive session. City Attorney Ryan Simonton stated he would send the information to Council for review regarding the potential or pending litigation. ADJOURNMENT: There being no further business, motion by Councilor Wendell, second by Councilor Kawecki, to adjourn the meeting. Time: 10:33 p.m. _____________________________ ___________________________________ City Clerk Mayor