City Council

City of Morgantown 389 Spruce Street, Morgantown, WV 26505 MINUTES REGULAR MEETING December 15, 2020 The Regular Meeting of the Common Council of the City of Morgantown was held via Webex on Tuesday, December 15, 2020, at 7:09 p.m. To protect public health during the COVID-19 pandemic, personal attendance at the meeting was not permitted. The meeting took place via Webex at https://cityofmorgantown.my.webex.com/meet/cityofmorgantown using the meeting number 793 734 477. The meeting was broadcast live on Morgantown 15 and live-streamed via the City of Morgantown website at https://morgantownwv.viebit.com/. The public could listen live by calling 408-418-9388 and using the access code 793 734 477. If members of the public wished to comment on a particular issue or public hearing, they were asked to complete a public comment sign-up form on our website, prior to the start of the meeting, which could be found at: http://bit.ly/MCC121520. Additionally, the public could submit written comments via email to the City Clerk at cwade@morgantownwv.gov. PRESENT: Via Webex City Manager Kim Haws, Assistant City Manager Emily Muzzarelli, City Attorney Ryan Simonton, City Clerk Christine Wade, Mayor Ron Dulaney, Jr., Deputy Mayor Rachel Fetty, and Council Members Bill Kawecki, Zack Cruze, Jenny Selin, Dave Harshbarger and Barry Wendell. The meeting was called to order by Mayor Dulaney. APPROVAL OF MINUTES: November 18, 2020, Regular Meeting minutes and December 1, 2020, Regular Meeting minutes were approved by consensus as printed. CORRESPONDENCE: Mayor Ron Dulaney proclaimed December 10, 2020, as Human Rights Day in Morgantown to coincide with International Human Rights Day. The Proclamation was followed by the presentation of the annual Human Rights Day Awards by Morgantown Human Rights Commission Chair, Jacob Powers. The winner of the 2020 Individual Award is Mavis Grant-Lilley. The winner of the 2020 Group/Organization Award is First Presbyterian Church. Mayor Dulaney presented long time city employee and Director of Code Enforcement Mike Stone with a proclamation in recognition of his 40+ years of service to the City of Morgantown. PUBLIC HEARING: AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY HEALTH DEPARTMENT AT THE AIRPORT Mayor Dulaney declared the Public Hearing open. There being no appearances, Mayor Dulaney declared the Public Hearing closed. PUBLIC HEARING: AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF A SUBDIVIDED PORTION OF PARCEL 33 OF MAP 55 ON BURROUGHS STREET FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO B-2 SERVICE BUSINESS DISTRICT Mayor Dulaney declared the Public Hearing open. There being no appearances, Mayor Dulaney declared the Public Hearing closed. UNFINISHED BUSINESS: None BOARDS & COMMISSIONS: None PUBLIC PORTION: Mayor Dulaney declared the Public Portion open. There being no individuals to speak, Mayor Dulaney declared the public portion closed.  City of Morgantown SPECIAL COMMITTEE REPORTS: Community Policing and Citizens Review Board –Deputy Mayor Fetty updated council of the recent meeting of the Special Committee on Community Policing and Citizens Review Board. The Committee is continuing to work on the language for the ordinance to establish a Citizens Review Board. Deputy Mayor Fetty invited all to attend future meetings and shared the importance of hearing from folks who are interested in participating. Special Committee on Unsheltered Homelessness – Mayor Dulaney shared information related to this Special Committee. He shared that he believes the committee will be moving forward after the first of the year. Councilor Selin shared that BOPARC is continuing to work on the ice rink and shared that if there are any folks who would like to contribute, either by participation or funding, to please reach out to her. CONSENT AGENDA: AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE MONONGALIA COUNTY HEALTH DEPARTMENT AT THE AIRPORT: (First reading December 1, 2020) AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF A SUBDIVIDED PORTION OF PARCEL 33 OF MAP 55 ON BURROUGHS STREET FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO B-2 SERVICE BUSINESS DISTRICT: (First reading December 1, 2020) Motion by Councilor Selin, second by Councilor Harshbarger, to approve the above entitled Ordinances. Motion carried 7-0. NEW BUSINESS: AN EMERGENCY ORDINANCE 2020-6 CONTINUING THE STATE OF EMERGENCY: The below entitled Ordinance was presented for first reading. AN EMERGENCY ORDINANCE 2020-6 CONTINUING THE STATE OF EMERGENCY AND AUTHORIZING PUBLIC HEALTH MEASURES TO PREVENT HARM TO THE PUBLIC DURING THE COVID-19 PANDEMIC City Manager Kim Haws explained. After discussion, motion by Councilor Selin, second by Deputy Mayor Fetty, to approve the above entitled Emergency Ordinance which will expire on February 17, 2021. Motion carried 7-0. A RESOLUTION AUTHORIZING CITY MANAGER KIM HAWS AS AN AUTHORIZED AGENT OF THE CITY OF MORGANTOWN FOR THE TRANSACTING OF FUNDS IN THE DESIGNATED BANKING AND FINANCIAL INSTITUTIONS: The above entitled Resolution was presented for approval. City Manager Kim Haws explained. Motion by Councilor Kawecki, second by Councilor Wendell, to approve the above entitled Resolution. Motion carried 7-0. APPOINTING A CITY REPRESENTATIVE TO THE MON COUNTY DEVELOPMENT AUTHORITY: City Manager Kim Haws explained. Motion by Councilor Selin, second by Deputy Mayor Getty, to approve and appoint City Manager Kim Haws to the Mon County Development Authority. Motion carried 7-0. BID CALL RESULTS FOR SALT BID 2021-06: City Manager Kim Haws explained. After discussion, Assistant City Manager Emily Muzzarelli explained. Motion by Councilor Kawecki, second by Councilor Harshbarger, to approve and award Bid 2021-06 to Laurel Aggregates for $86.15/ton in the amount of $86,150.00. Motion carried 7-0. BID CALL RESULTS FOR 430 SPRUCE STREET PARKLET PROJECT 2021-08: City Manager Kim Haws explained. After discussion, motion by Councilor Harshbarger, second by Councilor Wendell, to approve the Bid Award 2021-08 to Parrotta Paving in the amount of $115,000. Motion carried 7-0.  City of Morgantown REPLACEMENT VEHICLE FOR BUILDING MAINTENANCE TRUCK #218: Assistant City Manager Emily Muzzarelli explained. Motion by Deputy Mayor Fetty, second by Councilor Selin, to approve the Replacement Vehicle for the Building Maintenance Truck #218. Motion carried 7-0. CITY MANAGER’S REPORT: Manager Haws shared his pleasure to be with city council and that he has thoroughly enjoyed the way they interact with one another, with our community, and State and Regional Representatives. He has been able to participate in a number of meetings and he shared a little about them. One of the most exciting ones was the visit to the Ramada Inn facility. He was really encouraged with the discussions with the various folks that were there. He shared that the entire building is close to being completely planned out. He participated in the Neighborhood Coordinating Council meeting and stated that he has been a City Manager for a long time and has tried in every one of his communities to try to create a community pride where community members can come together and share and participate. He was absolutely blown away by how wonderful that group was in terms of working together, cooperating, and bringing up issues. He feels that the Association is really a very fundamentally important group for our community in terms of getting feedback, generating resources and other benefits to the community. The city received a letter from the Governor's office awarding us a Cares Act Grant for the period of December 2020 which will certainly benefit and bless the city and the citizens going forward. He has met on a couple of occasions with the Mayor regarding Mylan and continue to be involved in Regional activities related to how to mitigate the vacancy that has been announced by them in withdrawing from our community. He met with MUB General Manager and the soon to be general manager and have plans to maintain some really good relationship with MUB. He shared information related to the street work that's occurring on Spruce Street that's required. Assistant City Manager Emily Muzzarelli provided information on the White Avenue Project. REPORT FROM CITY CLERK: A. City Council Candidate Filing Requirement City Clerk Christine Wade discussed preparations for the upcoming 2021 City of Morgantown Municipal Election to be held on April 27, 2021, and provided updates to the election process due to COVID-19. For more information on the 2021 election please visit the city website at <morgantownwv.gov/elections>. A brief timeline was announced and is provided below: - January 4 to February 8, 2021 – Candidate Filing Period - January 1 to April 20, 2021 – Absentee Voting Applications accepted - March 2, 2021 – Drawing for Ballot Positions - April 6, 2021 – Voter Registration Deadline - April 14, 2021 – April 24, 2021 – Early Voting - April 27, 2021 - Election Day REPORT FROM CITY ATTORNEY: shared a brief status update on an ordinance that was out to Council at the end of summer Council had seen a draft update to our sidewalks code which also involved changes to the Planning and Zoning code for sidewalk development standards. The street design and classification manual was referred to the Traffic Commission and Pedestrian Safety Board for comments. He believes that all comments have been be received. He will circulate those comments and an updated draft where updates are made to City Council for review and then check in with city staff on whether the decisions about the content to be included in that street design classification manual to address council's concerns and interests have been made and provide an update on that as well. REPORT FROM COUNCIL MEMBERS: COUNCILOR KAWECKI: shared that it is a busy time right now with everyone getting ready for their Legislative Sessions. Not only WV legislature, but also the Federal legislature. There was a presentation by Matt Ward from Sustainable Strategies DC who is a lobbyist for the Municipal League. There were 12 issues identified and he will share those with Council for comment. He shared his concern for the candidacy circumstance for the upcoming election. He is looking forward to seeing what the community has in mind and hopefully be able to recruit some good replacements that will keep our momentum. DEPUTY MAYOR FETTY: shared that she will not be running for Council member in April. She shared her appreciation for all of the council members stated that she would not consider not running if it were not for illness with regard to her kids and some other situations that are just outside her control. She looks forward to the next 6 months, she is enthusiastic about the possibility of other folks coming on board with a renewed energy and cheer. She stated that she cannot say enough how proud she is of our city, our Administration, and our staff. She encouraged everyone to maintain a sense of order as we go into the next few months, continue to wear masks, social distance, and check in our neighbors. She encouraged folks to be sure they are aware of city resources, community resources, and cournty resources that might be available to meet the many challenges being faced at this time. She also shared that it is  City of Morgantown a great pleasure to serve on city council. If you are interested and have the time and energy to consider making this great privilege a part of your life. COUNCILOR HARSHBARGER: welcomed our new City Manager and shared that he is looking forward to working with him. Pertaining to the discussion of people running or not running for council member, he stated that he is trying to weigh that decision right now with the balance of working full-time and having a family. He expressed his thanks to all who offered condolences and thoughts with the passing of his father. COUNCILOR WENDELL: provided the following report. “We are reaching the end of 2020. Everyone take a deep breath and relax. Tonight is the sixth night of Hanukkah, more a holiday about history than religion. Hanukkah symbolizes creating light in the darkness, the victory of freedom over tyranny. I wish everyone a Happy Hanukkah, a Merry Christmas, a Happy New Year, joy in whatever your celebration is at this time of year. Let's take the next two weeks and relax at home, even as we miss gathering with friends and family.” COUNCILOR CRUZE: shared that he was happy to see that all of his fellow councilors signed the Freedom For All Americans letter which was requesting Congress pass non-discrimination acts federally for LGBTQ Americans. West Virginia is one of 29 states that does not have protections for LGBTQ Americans including hate crimes bills. In the state of West Virginia, sexual orientation and gender identity are not considered hate crimes. He stated that he would not be running for council member next term. He lived in California for a little over a year assisting in federal disaster relief largely working as a tribal liaison for a number of tribal nations in California. The wildfires over the past year have destroyed many of the tribal nations reservations and rancho areas that he had previous relationships with or worked in the area. He was offered a position to come back to California to pick up the same role that he had as a tribal liaison between the tribal nations and the Federal FEMA and he accepted that so I will not be living in the State during the next term. COUNCILOR SELIN: shared that she is making plans and have recently been making some purchases with her mask on in our downtown. She reminds everyone to think of your small business owners, gift certificates, take out when you get busy, or whatever makes folks feel comfortable to help those small businesses survive the Covid setbacks. A few examples was Appalachian Gallery who does framing, or other businesses who do framing for our photography around town. Think of how you can use these businesses during the holiday. She shared words from Penny to her neighborhood association regarding the Evansdale Bell Ringing to call in Santa. The neighbors are going to ring bells for five minutes. She encouraged folks to perhaps apply some event like this for their neigborhood to capture some of the spirit of things as well. MAYOR DULANEY: reminded folks to shop small and to remember our downtown businesses. He was sadden to see the Black Bear downtown had decided to close. He congratulated the Police Officers who were promoted and thanked them for their service to our community. He was glad to see the support of the letter to Congress sharing that it is an important issue, not only for our national legislators, but also our state legislators. Governor Justice indicated that he would support the Fairness Act if it came to him and he believes it is time West Virginia moves forward on that. He wished everyone a happy holiday. EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9A-4 (2)(B)(12) to discuss potential or pending litigation. Motion by Councilor Kawecki, second by Councilor Selin, to move to executive session. Motion carried by acclamation. Present: Interim City Manager, City Attorney, and City Council. Time: 8:50 p.m. ADJOURNMENT: There being no further business, motion by Councilor Kawecki, second by Councilor Cruze, to adjourn the meeting. Time: 9:25 p.m. _____________________________ ___________________________________ City Clerk Mayor