City Council

The City of Morgantown 389 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www.morgantownwv.gov Office of the City Clerk AGENDA MORGANTOWN CITY COUNCIL REGULAR MEETING Tuesday, March 16, 2021 at 7:00 PM To protect public health during the COVID-19 pandemic, personal attendance at the meeting is not permitted. This meeting will take place via WebEx at https://cityofmorgantown.my.webex.com/meet/cityofmorgantown using the meeting number 793 734 477. The meeting will be broadcast live on Morgantown 15 and live- streamed via the City of Morgantown website at https://morgantownwv.viebit.com/. The public can also listen live by calling 415-655-0001 and using the access code 793 734 477. If members of the public wish to comment on a particular issue or public hearing, they should fill out the public comment sign-up form on our website, prior to the start of the meeting which can be found at: http://bit.ly/MCC031621. Additionally, the public can submit written comments via email to the City Clerk at cwade@morgantownwv.gov. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE 4. APPROVAL OF MINUTES A. March 2, 2021, Special Meeting minutes B. March 2, 2021, Regular Meeting minutes 5. CORRESPONDENCE A. Pamela Ball Proclamation B. Municipal Voter Registration Day Proclamation C. Women's History Month Proclamation 6. PUBLIC HEARINGS A. AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION AND DISSOLVING THE METROPOLITAN THEATRE COMMISSION AND THE MUSEUM COMMISSION B. AN ORDINANCE AMENDING SECTION 917.03 OF THE CITY CODE ESTABLISHING THE MEMBERSHIP OF THE CITY TREE BOARD 1 of 32  C. AN ORDINANCE AMENDING ARTICLE 160 ESTABLISHING THE HOUSING ADVISORY COMMISSION D. AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2021-2022 7. UNFINISHED BUSINESS A. Consideration of APPROVAL of (SECOND READING) of AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION AND DISSOLVING THE METROPOLITAN THEATRE COMMISSION AND THE MUSEUM COMMISSION B. Consideration of APPROVAL of (SECOND READING) of AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2021-2022 8. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY COUNCIL AND ADOPTED BY RESOLUTION 9. SPECIAL COMMITTEE REPORTS A. COMMUNITY POLICING & CITIZENS REVIEW BOARD – Deputy Mayor Fetty, Chair; Mayor Dulaney, Vice-Chair B. SPECIAL COMMITTEE ON UNSHELTERED HOMELESSNESS – Mayor Dulaney, Chair; Deputy Mayor Fetty, Member; Councilor Selin, Member; and Councilor Harshbarger, Member. 10. CONSENT AGENDA A. Consideration of APPROVAL of (SECOND READING) of AN ORDINANCE AMENDING SECTION 917.03 OF THE CITY CODE ESTABLISHING THE MEMBERSHIP OF THE CITY TREE BOARD B. Consideration of APPROVAL of (SECOND READING) of AN ORDINANCE AMENDING ARTILCE 160 ESTABLISHING THE HOUSING ADVISORY COMMISSION 11. NEW BUSINESS A. Consideration of APPROVAL of A RESOLUTION APPROVING FISCAL YEAR 2021-2022 BUDGETS FOR THE MORGANTOWN CAPITAL ESCROW FUND, THE MORGANTOWN MUNICIPAL AIRPORT FUND, THE MUNICIPAL SALES AND USE TAX FUND, AND THE ARTS & CULTURAL DEVELOPMENT FUND B. Consideration of APPROVAL of A RESOLUTION APPROVING THE 2021-2026 CAPITAL IMPROVEMENT PLAN C. Consideration of APPROVAL of A RESOLUTION APPROVING A GRANT FROM THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, FOR PLEASANT STREET STREETSCAPE 2 of 32  D. Consideration of APPROVAL of A RESOLUTION APPROVING A GRANT FROM THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, FOR WALNUT STREET STREETSCAPE 12. CITY MANAGER'S REPORT 13. REPORT FROM CITY CLERK 14. REPORT FROM CITY ATTORNEY 15. REPORT FROM COUNCIL MEMBERS 16. EXECUTIVE SESSION A. Pursuant to West Virginia Code Section 6-9A-4(2)(B)(12) to discuss potential pending litigation. 17. ADJOURNMENT * For accommodations, please contact us a 304-288-7072. 3 of 32  City of Morgantown SPECIAL MEETING March 2, 2021 The Special Meeting of the Common Council of the City of Morgantown was held via Webex on Tuesday, March 2, 2021, at 6:08 p.m. To protect public health during the COVID-19 pandemic, personal attendance at the meeting was not permitted. This meeting took place via WebEx at https://cityofmorgantown.my.webex.com/meet/cityofmorgantown using the meeting number 793 734 477, or by calling 415-655-0001 and using the access code 793 734 477. PRESENT: Via Webex Mayor Ron Dulaney, Deputy Mayor Rachel Fetty, Council Members Bill Kawecki, Jenny Selin, Dave Harshbarger, and Barry Wendell. Zack Cruze was absent. The meeting was called to order by Mayor Dulaney. EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9a-4(b)(2)(A) to discuss Performance Reviews of City Council staff. Motion by Councilor Kawecki, second by Councilor Selin, to go into executive session. Motion carried by acclamation. Present: City Council. Time: 6:09 p.m. ADJOURNMENT: There being no further business, motion by Councilor Kawecki, second by Councilor Harshbarger, to adjourn the meeting. Time: 6:57 p.m. ___________________________ ___________________________ City Clerk Mayor 4 of 32  City of Morgantown 389 Spruce Street, Morgantown, WV 26505 MINUTES REGULAR MEETING March 2, 2021 The Regular Meeting of the Common Council of the City of Morgantown was held via Webex on Tuesday, March 2, 2021, 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 415-655-0001 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/MCC020221. Additionally, the public could submit written comments via email to the City Clerk at cwade@morgantownwv.gov. PRESENT: Via Webex City Manager Kim Haws, Assisstant 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: February 2, 2021, Regular Meeting minutes; February 16, 2021, Special Meeting minutes; February 16, 2021, Regular Meeting minutes; February 23, 2021, Special Meeting minutes; February 23, 2021, Special Meeting minutes II; and February 23, 2021, Committee of the Whole Meeting minutes, were approved as printed. CORRESPONDENCE: Deputy Mayor Fetty shared that she received correspondence related to the CROWN Resolution. She requested that all incoming emails related to the CROWN Resolution be made a matter of record. PUBLIC HEARING: A BOND ORDINANCE OF CITY COUNCIL WHICH WOULD (I) AUTHORIZE THE RENOVATION AND IMPROVEMENT TO EXISTING MOTOR VEHICLE PARKING FACILITIES OF THE CITY, CONSISTING GENERALLY OF STRUCTURE REPAIRS TO AND ELEVATOR REPLACEMENT IN THE EXISTING MULTILEVEL PARKING BUILDING LOCATED BETWEEN UNIVERSITY AVENUE AND CHESTNUT STREET AND REPLACEMENT OF A RETAINING WALL IN THE EXISTING SURFACE PARKING LOT KNOWN AS THE “ARMORY LOT” LOCATED ADJACENT TO 300 SPRUCE STREET (COLLECTIVELY, THE “PROJECT”), AND (II) AUTHORIZE THE ISSUANCE BY THE CITY OF NOT MORE THAN $3,250,000 IN AGGREGATED PRINCIPAL AMOUNT OF PARKING SYSTEM REVENUE BONDS, SERIES 2021 (THE “SERIES 2021 BONDS”) FOR THE PURPOSE OF FINANCING THE DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF THE PROJECT AND OTHER MATTERS RELATED THERETO There being no appearances, Mayor Dulaney declared the Public Hearing closed. UNFINISHED BUSINESS: A BOND ORDINANCE OF CITY COUNCIL WHICH WOULD (I) AUTHORIZE THE RENOVATION AND IMPROVEMENT TO EXISTING MOTOR VEHICLE PARKING FACILITIES: The below entitled Bond Ordinance was presented for third reading. A BOND ORDINANCE OF CITY COUNCIL WHICH WOULD (I) AUTHORIZE THE RENOVATION AND IMPROVEMENT TO EXISTING MOTOR VEHICLE PARKING FACILITIES OF THE CITY, CONSISTING GENERALLY OF STRUCTURE REPAIRS TO AND ELEVATOR REPLACEMENT IN THE EXISTING MULTILEVEL PARKING BUILDING LOCATED BETWEEN UNIVERSITY AVENUE AND CHESTNUT STREET AND REPLACEMENT OF A RETAINING WALL IN THE EXISTING SURFACE PARKING LOT KNOWN AS THE “ARMORY LOT” LOCATED ADJACENT TO 300 SPRUCE STREET (COLLECTIVELY, THE “PROJECT”), AND (II) AUTHORIZE THE ISSUANCE BY THE CITY OF NOT MORE THAN $3,250,000 IN AGGREGATED PRINCIPAL AMOUNT OF PARKING SYSTEM REVENUE BONDS, SERIES 2021 (THE 5 of 32  City of Morgantown “SERIES 2021 BONDS”) FOR THE PURPOSE OF FINANCING THE DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF THE PROJECT AND OTHER MATTERS RELATED THERETO Asissted City Manager Emily Muzzarelli explained. Motion by Deputy Mayor Fetty, second by Councilor Kawecki, to approve the above entitled Bond Ordinance. Motion carried 7-0. BOARDS & COMMISSIONS: PUBLIC PORTION: Mayor Dulaney declared the Public Portion open. Don Spencer, Mollie Kennedy, Khalil Burton, Eve Faulkes, Jenny Williams, Harrison Case, Danielle Walker, and Michal Attfield also spoke in favor of the CROWN Resolution. There being no other individuals to speak, Mayor Dulaney declared the public portion closed. SPECIAL COMMITTEE REPORTS: Special Committee - Community Police Review and Policy Board –Deputy Mayor Fetty shared that the group wrapped up information which was to be presented at the January 26, 2021, Committee of the Whole meeting. They will be sending the proposed ordinance language to the Attorney Generals office and will be meeting again once a response has been received from him. They will take into consideration and review all comments received from everyone. Special Committee on Unsheltered Homelessness – Mayor Dulaney shared information related to this Special Committee. He shared at the last meeting each work group updated the Mayor of any new information related to their group. The next meeting is April 1, 2021, at 2:30 pm. CONSENT AGENDA: None NEW BUSINESS: AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION AND DISSOLVING THE METROPOLITAN THEATRE COMMISSION AND THE MUSEUM COMMISSION: The below entitled Ordinance was presented for first reading AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION AND DISSOLVING THE METROPOLITAN THEATRE COMMISSION AND THE MUSEUM COMMISSION City Manager Kim Haws explained. After discussion, motion by Councilor Harshbarger, second by Councilor Kawecki, to approve the above entitled Ordinance for second reading. Motion carried 7-0. AN ORDINANCE AMENDING SECTION 917.03 OF THE CITY CODE ESTABLISHING THE MEMBERSHIP OF THE CITY TREE BOARD: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING SECTION 917.03 OF THE CITY CODE ESTABLISHING THE MEMBERSHIP OF THE THE CITY TREE BOARD City Manager Kim Haws explained. After discussion, motion by Councilor Selin, second by Councilor Harshbarger, to approve the above entitled Ordinance for second reading. Motion carried 7-0. AN ORDINANCE AMENDING ARTICLE 160 ESTABLISHING THE HOUSING ADVISORY COMMISSION: The below entitled Ordinance was presented for first reading. AN ORDINANCE AMENDING ARTICLE 160 ESTABLISHING THE HOUSING ADVISORY COMMISSION 6 of 32  City of Morgantown City Manager Kim Haws explained. After discussion, motion by Councilor Kawecki, second by Deputy Mayor Fetty, to approve the above entitled Ordinance for second reading. Motion carried 7-0. AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORANTOWN FOR THE FISCAL YEAR 2021-2022: The below entitled Ordinance was presented for first reading. AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORANTOWN FOR THE FISCAL YEAR 2021-2022 City Manager Kim Haws explained. Assistant City Manager explained. After discussion, motion by Councilor Kawecki, second by Councilor Selin, to approve the above entitled Ordinance for second reading. Motion carried 7-0. A RESOLUTION APPROVING THE MORGANTOWN CAPITAL ESCROW FUND, THE MORGANTOWN MUNICIPAL AIRPORT FUND, THE MUNICIPAL SALES AND USE TAX, AND THE ARTS & CULTURAL DEVELOPMENT FUND: The above entitled Resolution was presented for approval. City Manager Kim Haws explained. After discussion, motion by Councilor Harshbarger, second by Councilor Wendell, to approve the above entitled Resolution. Motion carried 7-0. A RESOLUTION FOR SUPPORT OF “CROWN” (CREATE A RESPECTFUL AND OPEN WORLD FOR NATURAL HAIR) NON-DISCRIMINATION IN THE CITY AND IN THE STATE OF WEST VIRGINIA: The above entitled Resolution was presented for approval. City Manager Kim Haws explained. After discussion, motion by Deputy Mayor Fetty, second by Councilor Wendell, to approve the above entitled Resolution. Motion carried 7-0. CITY MANAGER’S REPORT: shared that there is an effort among the administrative staff to evaluate our ability to respond to major emergencies and as a step in that direction they had a meeting last week with the county 911 folks who provided an overall arching umbrella about additional emergency services. They will be touring as a group their Emergency Response Center and viewing all the resources that they have that will be available to the city should we experience a major emergency. As part of this entire process they are looking at our water supply and our ability to maintain order. Staff is anxiously engaged in the process. He shared that he had a lengthy meeting regarding the construction of the runway extension as well as the site construction of the airport business park that's associated with that. They discussed funding opportunities, there's still some work to be done in terms of coming up with a match for the FAA funds that are available to us now. They are working on how to fund the match for that Grant. Key staff met yesterday with our consultant who will be conducting a compensation and salary survey with associate recommendations. What this does for our employees is that it will create a much better predictability for employees who tried desperately to make plans for the future. He reiterated the hard work that our Grant Writer Robin is doing with many things as well as her work on the acquisition for an additional four hundred thirty seven thousand dollars in CDBG funds. REPORT FROM CITY CLERK: shared that the Ballot Drawing was held today to determine the placement of names on the ballot. Ballot Commissioners Geoarge Armistead and John Campbell assisted in this process. Results from that drawing were as follows. Fifth Ward in the following order: Marly Ynigues, Tony Setley, and Danielle Trumble. Seventh Ward in the following order: Brian Butcher and Ben Mayle. She reminded folks about absentee ballots and applications, GIS capabilities during early voting and on election day, the need for poll workers, poll worker training, April 6 Municipal Voters Registration Day in the City of Morgantown, April 13 deadline to file as a Write-in candidate, and April 27 Election Day. She shared that 13 Firefighers will be taking their oath and receiving their pin for FFC on April 10 at 5:30pm at the Met Theatre. REPORT FROM CITY ATTORNEY: Regarding the Special Committee on Community Policing and ordinance he stated that he spoke to the attorney with the West Virginia Attorney General's office and they did receive the letter and draft ordinance that is under review. They intend to provide a response and commentary from the Attorney General's office on that and he will provide it to council once it is received. Our deleagates are working on the Service Fee Registration and Delegate Fleischauer is working with the sponsor of the broadband bill which was in the House today and making sure to address Municipal issues. He reminded council that if they have questions about other legislation to let him know. In September the city introduced legislation on the sidewalks code and in parallel the street classification design manual. Council asked that we submit those to the Traffic Commission and the Pedestrian Safety Board for their input. They are still in the process of gathering and resolving that input to bring that legislation back to council. 7 of 32  City of Morgantown Updates to articles 311 and 315 which are what provide for our special street uses and permits. There are a couple of different drafts of those documents out there. They in general govern how we do event permitting for our streets, as well as rules for uses of the roadways other than by Motor Vehicles. He will circulate those documents to council for their review and current status. REPORT FROM COUNCIL MEMBERS: DEPUTY MAYOR FETTY: thanked those who have been working on the budgeting process. She commended the wonderful volunteers in our community who are working very hard to keep warming stations open for folks who might be struggling in the weather at the Sabra Methodist Church, and Alice Meehan who has spearheaded that effort along with Pastor Stephen Prince. They are holding the warming center in the gymnasium and it is a wonderful solution to some of the challenges that they have been facing. It provides an area that is separate from the main sanctuary and from the church itself, and there's opportunities to provide a warm cozy environment for folks. She thanked those individuals for pulling that together and for continuing to keep it open. The address is 1234 Richmond Avenue, right at the corner of Richmond and Darst. She thanked the Mayor and also a couple of other people on the call who volunteered their time. She reminded everyone to sign up for the vaccination and to call the hotline to schedule. She also reminded folks to continue to wear masks and social distance. She thanked Daniel Walker and other folks from the NAACP, the ACLU, and from other groups for bringing the CROWN Act Resolution to council. COUNCILOR KAWECKI: stated regarding the budget in terms of taking advantage of things that come their way, in the past they have been able to address needs and bring good things to the community with the approval of council of course. He does not see the budget as a living document and unfortunately subject frequently to unexpected circumstances, both good and bad. He does hope that they will maintain that capability in the future when taking into consideration the needs of the community and responding in an appropriate manner. The South Park Association of Neighbors monthly meeting, which is the fourth Wednesday of the month, has been canceled for this month, but will continue on next month. COUNCILOR CRUZE: No Report COUNCILOR SELIN: shared that the Evansdale Neighborhood Association will have a meeting the 13th of March at two o'clock by zoom. Every year a Parks Recreation Tourism class is asked what they would like to see at the Morgantown Waterfront, this year they have a list which is very similar to other lists that we have received from neighborhood people, people who are interested in the Waterfront, or people that are connected to Main Street because they also operate in The Wharf District. Some of the suggestions for additions the Waterfront are picnic tables, swings, light, yoga spaces, dance spaces, benches, monthly volunteer days, and social media blasts about what is going on. They wanted to feel safe. They wanted clear markings from the boulevard and wanted views of the river and brush clearing. They wanted to make it more inviting, awareness of community and college events, art, bike rentals, and hammock areas. Just some food for thought for what else could happen at our Waterfront and make it more inviting. COUNCILOR HARSHBARGER: thanked those who spoke in favor the CROWN Act and sharing that it seems like a basic human right that hopefully we can move forward at the state level. He thanked those who worked on the budget sharing that he appreciates having it early and having the opportunity to provide feedback. He thanked the City Manager for the update on the emergency preparedness plan. He thanked the City Attorney for addressing some of the questions that he had with regards to the status of some of our local. COUNCILOR WENDELL: provided the following report. “The Jewish holiday of Purim, typically a joyous group party holiday, was last Thursday, more subdued this year, as it was online at Tree of Life. I try to go to a religious service on the day, because it was the day my Mom died eighteen years ago, and I want to say a prayer in her memory. Chabad generally has a real service on the day, but two of the Chabad rabbi’s children were in quarantine because of a COVID-19 case in their school, so I didn’t go. Last year, Purim evening was Monday, March 9, and it was the last time I went to a large group gathering. At my age, and without a full-time job or children at home, and not living alone, it has been easier for me than for a lot of people, but without a kind and patient husband and a faithful cat, it would have been much more difficult this last year. We still have challenges ahead, including getting a lot more people vaccinated, and continuing to wear masks. Friday morning, I participated in a video meeting by the West Virginia Action Group. The Legislature has proposed eliminating annual inspections for “brine” tanks located near water intake facilities. This is a patently bad idea, but the committee in the Legislature would not hold a public hearing, so WVAC held its own hearing and sent the video made to the media and the Legislature. Seventy-nine people were on the call, and, although it was open to all, no one spoke in favor of the proposal. I worry that the State Legislature is hell-bent on doing damage to our city. There is a bill to eliminate the state Human Rights Commission and Human Rights Commissions in the cities. Another bill would eliminate LGBT rights in the cities. The Governor’s 8 of 32  City of Morgantown proposal to eliminate the state’s income tax will involve possibly eliminating state support for WVU and an end to the Promise Scholarships. While the Governor admitted that past tax cuts and anti-union bills did not bring an influx of new residents to West Virginia, he seems to think his newest bad idea will be different. There are also bills to ban user fees, which pay for paving projects and police hires in Morgantown, and “Campus Carry,” another terrible idea opposed by students, faculty and administration at WVU, is up for reconsideration. I’m glad that Morgantown has been in the forefront of civil rights in West Virginia. The Crown Act is another action we can take to make Morgantown a place where people from diverse backgrounds will want to make their lives. Lastly, as a gay man I’ve been asked about the Bible or attacked by people quoting the Bible at me. And yet, at the Conservative Political Action Committee meeting in Orlando this week (usually in Maryland, but Maryland demanded mask wearing and social distancing) a gold statue of the previous President was rolled out for the attendees to worship. I will quote back to conservatives about the Bible’s ban on idolatry if they say anything to me at all.” MAYOR DULANEY: thanked Deputy Mayor Fetty for her time during the night assisting at the Sabra United Methodist Church last weekend and that was after she spent the entire night the night prior helping. The Woodburn Association of Neighbors meets March 10th at 7 p.m. and information about that meeting can be found at the Woodburn Association of Neighbors Facebook page. They are always looking for more folks to contribute and help make the neighborhood better. He shared that they have their eyes on a number of bills down in Charleston right now and it's hard to prioritize them as they all are important. He mention House Bill 2256 which exempts all non-residents of cities from having Municipal user fees removed from paychecks, House Bill 2500 which just passed in the House which forbids or prohibits cities from regulating the use of single use containers, like plastic bags and straws. He mentioned House Bill 2319 will prohibit cities from creating their own occupational licensing programs, and House Bill 2693 will eliminate city created Human Rights Commissions. He encouraged folks that if they felt that these bill are not good ideas to reach out to our 51st District Delegates, but also reach out to the committee's where the fees are moving through down in the House. He has been watching Bill 2256 and shared that he understands that Municipal user fees are not perfect, however, they do play a critical role at the moment in the absence of other ways to finance some essential services. We have two 51st District Delegates on the Finance Committee and they are Delegate Williams and Delegate Statler and he encourages folks to contact them directly. EXECUTIVE SESSION: None ADJOURMENT: There being no further business, motion by Councilor Wendell, second by Councilor Selin, to adjourn the meeting. Time: 9:21 p.m. _____________________________ ___________________________________ City Clerk Mayor 9 of 32  ijtbe C!Citp of Jtilorgantotun 389 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www.morgantownwv.gov Office of the Mayor PROCLAMATION Whereas, Pamela A. Ball has provided over 30 years of service in support of preserving and promoting the history of Morgantown and the greater Morgantown region; and Whereas, at the request of the Morgantown Chamber of Commerce, she was instrumental in creating the Riverfront Museum, the predecessor of the Morgantown History Museum; and Whereas, she served as one of the original Museum commission members since its inception in 2005; and Whereas, Ms. Ball was instrumental in the foundation and development of the Friends of the Morgantown Museum, a fundraising and support organization; and Whereas, the museum grew and was established by the City of Morgantown as part of the Board of Parks and Recreation Commission, and was the first city sponsored museum in the Morgantown area; and Whereas, Ms. Ball has served in every capacity at the museum with years of dedicated service as Museum Coordinator, a Friends of the Museum Board member, and chair of the Museum Commission; and Whereas, in recognition of30 years of service to the community, the museum, and the City of Morgantown, we honor Ms. Ball for her significant past and future contributions to preserving the history of our community. Now therefore, I, Ron Dulaney Jr., Mayor of the City of Morgantown, West Virginia, on behalf of the City Council, do express our most sincere appreciation to Pamela A. Ball and hereby take this opportunity to publicly thank and honor her for her outstanding service to the City of Morgantown and the greater community; and bestow upon her the honorary title of Founder and Director Emeritus of the Morgantown History Museum. In Witness, Thereof, I hereunto set my hand and cause the Official Seal of the City of Morgantown to be hereto affixed on the 16th day of March 2021. Seal: \: ,, ,, ;, I, ,J I .I r ' ,, "\/, �( f /. ,>,,• \ \,, 11.r t , ,-1 l .... I) .• 1 ;\ 1\ '(U r ', ', 1'' '\°. I f/: '. I· ,>� (• \:. ,,\",: .',) Ii"\ I\'"'''\.:'; 1l . . ....,, ' I I •. , '·" 'i' ' 10 of 32  'QI';be <!Citp of ;fftlorgantotun 3 89 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www.morgantownwv.gov Office of the Mayor PROCLAMATION Whereas, National Voter Registration Day was first observed in 2012; since then, it has been recognized annually on the fourth Tuesday of September to celebrate democracy and encourage people to participate in the democratic process; and Whereas, voting is a fundamental freedom that is enshrined in our Constitution; for many, it is a right that is accepted without question or concern; for others, it is a right that was gained through generations of struggle and persistent vigilance to ensure that it is not eroded or lost; and Whereas, Black Americans had to fight for the right to vote; the Fifteenth Amendment to the U.S. Constitution was ratified 151 years ago in 1870, and although it affirmed that Black Americans had the constitutional right to vote, in practice, enormous barriers to voting rights still persisted: poll taxes, literacy tests, voter intimidation, and other means were used to deliberately deny Black Americans the right to vote; and challenges still remain; and Whereas, women also had to fight for the right to vote; decades of effort resulted in the ratification of the Nineteenth Amendment to the U.S. Constitution 100 years ago, affirming that women had the right to vote; and Whereas, young adults between the ages of 18 and 21 bore the burden of service in the military and other requirements of citizenship before they had the right to vote when the Twenty-Sixth Amendment to the U.S. Constitution was ratified in 1971; and Whereas, unfortunately, barriers to voting remain an issue in our nation; voter ID requirements, voter roll purges, the closure of polling places, inadequate access for some with disabilities, attempts to challenge and delegitimize voting by mail, disenfranchisement based on certain criminal records in some states, and other efforts that restrict access to the democratic process must be acknowledged and resolved; and Whereas, to vote in the upcoming election, a person must be a U.S. citizen, at least 18 years of age, and registered to vote in the city limits of Morgantown; information about registration and other voting issues can be found at morgantownwv .gov or by calling the City of Morgantown Clerks Office at 304-284-7434. Now therefore, be it resolved that I, Ron Dulaney, Jr., Mayor of the City of Morgantown, West Virginia, do hereby proclaim Tuesday, Anril 6, 2021, as Municipal Voter Registration Day in the City of Morgantown. I ask that all residents within the city limits of Morgantown make your voting plan. This means making certain you are properly registered to vote; deciding whether you will vote with an absentee ballot, early vote, or vote on Election Day; and then exercising that right to vote that so many have fought for and continue to fight for. Seal: Ron ulaney Jr., M◄ o April 6, 2021 11 of 32  ijtbe <lCttp of morgantown 389 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www .morgantownwv.gov Office of the Mayor PROCLAMATION Whereas, throughout the history of America, women of all races, classes, and ethnic backgrounds have made invaluable contributions to the growth and strength of our City, state, and nation in countless ways, both chronicled and unrecorded; and Whereas, women have influenced and advanced every facet of American life and culture; the strength, ingenuity, and spirit of our female leaders, innovators, and pioneers shape our Nation's character, government, industry, families, and communities; and Whereas, recognizing weaknesses in the fabric of America, women have acted as a catalyst for change and served at the forefront of major progressive social movements including abolition, emancipation, civil rights, and securing women's rights to vote and of equal opportunity; and Whereas, American women have played and continue to play a critical economic, cultural, and social role in every aspect of the life of our Nation by constituting a significant portion of the labor force working inside and outside of the home; and Whereas, despite these contributions, the role of American women in history has been consistently overlooked and undervalued, in the literature, teaching and study of American history; and Whereas, we reaffirm our City's commitment to supporting the next generation of female trailblazers and dreamers as they carry forward the distinguished legacy of those who have come before them. Now therefore, I, Ron Dulaney Jr., Mayor of the City of Morgantown, West Virginia, on behalf of the City Council, do hereby proclaim March 2021 as Women's History Month throughout the City of Morgantown and encourage all residents to celebrate American women, their outstanding achievements, and their extraordinary contributions to our City and nation. In Witness, Thereof, I hereunto set my hand and cause the Official Seal of the City of Morgantown to be hereto affixed on the 16th day of March 2021. Seal: 12 of 32  Ordinance 2021-___ AN ORDINANCE ESTABLISHING A CULTURAL ARTS COMMISSION AND DISSOLVING THE METROPOLITAN THEATRE COMMISSION AND THE MUSEUM COMMISSION The City of Morgantown hereby ordains that Article 156 of the City Code, entitled “Metropolitan Theatre Commission,” and Article 168 of the City Code, entitled “Museum Commission,” are repealed in their entirety, and a new Article 181 entitled “Cultural Arts Commission” is established as follows: 181.01. Established. There is hereby established a Cultural Arts Commission in The City of Morgantown, referred to in this Article as the “Commission.” The Commission shall have the purposes, powers, and duties set forth in this Article. 181.02. Purpose. The Commission shall be an advisory body that will advise the Director of Arts & Cultural Development, the City Manager’s Office, and the City Council on the promotion and appreciation of arts and culture within the community. 181.03. Powers and Duties. The Commission shall have and be limited to the following powers and duties: (1) To advise and make recommendations to the Director of Arts & Cultural Development, City Manager’s Office, and the City Council for their approval as to rules, regulations, policies, administrative and budgetary matters pertaining to the Arts & Cultural Development Department programs, services, facilities, and any other cultural facility constructed or operated by the City; (2) To assist, advise and make recommendations to the Director of Arts & Cultural Development, City Manager’s Office, and the City Council on arts and culture related matters and regarding opportunities to promote awareness, understanding, and appreciation for, the value of cultural resources in the community; (3) To advise and make recommendations to the Director of Arts & Cultural Development, City Manager’s Office and the City Council on the development and placement of public art and murals within the city limits of Morgantown. The commission shall have the power to review and make recommendations upon all works of art to be acquired by the City, either by purchase, gift or otherwise and their proposed locations. {01545365.DOCX 4} 13 of 32  181.04. Membership and Terms. (a) Members. There shall be seven members of the Commission, to be appointed by City Council for a four-year term, except that the initial terms of the members shall be as follows: (i) One member shall be appointed to a one-year term beginning April 1, 2021 and ending March 31, 2022; (ii) Two members shall be appointed to a two-year term beginning April 1, 2021 and ending March 31, 2023; (iii) Two members shall be appointed to a three-year term beginning April 1, 2021 and ending March 31, 2024, provided that one of the members appointed to the term shall have been a member of the Metropolitan Theatre Commission as of January 31, 2021, and one of the members appointed to the term shall have been a member of the Museum Commission as of January 31, 2021; (iv) Two members shall be appointed to a four-year term beginning April 1, 2021 and ending March 31, 2025, provided that one of the members appointed to the term shall have been a member of the Metropolitan Theatre Commission as of January 31, 2021, and one of the members appointed to the term shall have been a member of the Museum Commission as of January 31, 2021. All voting members of the Commission shall continue to serve until the appointment of a successor, except in the event of the member’s death, resignation, or removal from office. Vacancies shall be filled for the unexpired term in the manner prescribed for appointment of members. There shall also be two nonvoting ex officio members, one of whom shall be a member of City Council, appointed by City Council to serve during the member’s term in office, and one of whom shall be a member of the County Commission, appointed by the County Commission to serve during the member’s term in office. (b) Term limits; removal. No member shall serve more than two full, consecutive terms in office. A member who has previously served two full terms may only be reappointed after two years’ absence from service on the commission. Any member may be removed by City Council for misconduct, subject to any procedure required by state law, provided that the member shall be given the opportunity to review the charges and shall be entitled to a hearing before City Council where the member may contest the charges before removal. Any member who fails to attend three consecutive regular meetings of the Commission without being excused by the Commission shall be automatically removed from office. (c) Resignation. A member may resign by delivering written notice to the City Clerk, and the resignation shall be effective upon receipt by the City Clerk or upon such other date stated in the notice. The City Clerk shall promptly deliver notice of the resignation to the Commission. (d) Compensation. Members shall serve without compensation but may be reimbursed for expenses in accordance with the ordinary budgetary processes of the City. {01545365.DOCX 4} 14 of 32  (e) Qualifications. Members may be selected in the discretion of the City Council, but no member may be a current employee of The City of Morgantown or its boards and commissions. 181.05. Officers. (a) Offices established. The Commission shall have the following officers: a Chairperson, a Vice-Chairperson, and a Secretary. (b) Election and Terms. Each officer shall be elected by the Commission for a one- year term at the regular meeting in January of each year, or such later meeting as the Commission shall determine; provided, that the initial Officers shall be elected following the formation of the Commission to serve until the next regular meeting in January, or such later meeting as the Commission shall determine. (c) Chairperson. The Chairperson shall be responsible for assisting City staff in the preparation of the agenda for all meetings. The Chairperson will be the presiding officer of meetings of the Commission and may call a special meeting of the Commission at any time. (d) Vice-Chairperson. The Vice-Chairperson shall assume the duties of the Chairperson upon the Chairperson’s absence or disability. (e) Secretary. The Secretary shall be responsible for assisting the Commission and City staff in the preparation and distribution of the minutes of its meetings. 181.06. Committees. The Chairperson may establish such committees as are necessary or appropriate for conducting the business of the Commission and shall appoint the members of the Commission or other individuals who will serve on each committee. The Chairperson shall have the power and duty to dissolve committees upon the completion of their work. 181.07. Meetings. (a) The Commission shall meet regularly according to a schedule adopted by the Commission and may hold special or other meetings upon the call of the Chairperson or by four voting members of the Commission. (b) All meetings will be conducted in accordance with the Open Governmental Proceedings Act, West Virginia Code Chapter 6, Article 9A, as it may be amended. The City Clerk will post the agenda providing notice of the meetings. The Chairperson shall be responsible for delivering the agenda to the City Clerk sufficiently in advance of each meeting to permit the required public notice. {01545365.DOCX 4} 15 of 32  (c) The agenda for each meeting shall be delivered to each member of the Commission no less than three business days’ in advance of each regular meeting, two business days’ in advance of each special meeting, and as soon as practicable in advance of any emergency meeting. (d) A majority of the voting members of the Commission then in office shall be sufficient to constitute a quorum and to conduct business of the Commission. No official action may be taken unless a quorum is present at a meeting. (e) Except where otherwise specified by law, the Commission will take action by a majority vote of the voting members present at a meeting. 181.08. Reports. (a) Minutes. The Commission, by its Secretary or such other person as determined appropriate, shall record and keep written minutes of each meeting reflecting, at minimum, the official action of the Commission taken at each meeting, the members present, and such other information as may be required by the Open Governmental Proceedings Act. The minutes shall be open to public inspection and shall be filed with the City Clerk upon approval by the Commission. Approval of minutes shall be made at the next regular meeting following any meeting of the Commission. (b) Annual Report. On or before January 31st of each year, the Commission shall file an annual report with the City Manager and City Council setting forth the activities of the Commission in the prior calendar year. ARTICLE 156. - METROPOLITAN THEATRE COMMISSION Sec. 156.02. - Purpose. The function of the Metropolitan Theatre Commission is to over watch and advise the City Manager and City Council regarding present and future development of the theater, programming, financing of theater projects, and operations of the theater as a whole. Sec. 156.03. - Membership. The Metropolitan Theatre Commission shall consist of nine members. Seven of the members shall be residents of the City who shall be appointed by City Council from those members comprising the Commission of the Metropolitan Theatre Preservation Foundation at the date of adoption of this article. Each of the seven members shall serve a term of four years. Upon the conclusion of that four-year period, subsequent reappointments or new appointments will be for terms as follows: Two members for a one-year term; and Two members for a two-year term; and {01545365.DOCX 4} 16 of 32  Three members for a three-year term. City Council shall determine at the conclusion of the initial four-year term which members of the Commission shall be assigned to the terms indicated above. Upon the expiration of the terms specified above, all subsequent appointments shall be for a term of three years each. An eighth member of the Commission shall be a member of the governing body of the City, and shall be elected by City Council. The term of the City Council member shall be coextensive with the term of office to which he or she has been elected or appointed. A ninth member of the Commission shall be a member of the Monongalia County Commission, and shall be appointed thereto by the County Commission. The term of the County Commission member shall be at the will and pleasure of the Monongalia County Commission. All members shall serve without compensation. Sec. 156.04. - Vacancies. Vacancies shall be filled in the same manner as for appointments to the Commission, but for the unexpired term only. The office of a member of the Metropolitan Theatre Commission shall become vacant upon his/her death, resignation, removal from office or failure to attend three consecutive regular meetings of the Commission without being excused by the Commission either before or after such absence. Sec. 156.05. - Officers. The Metropolitan Theatre Commission shall select from its own membership a chairperson, vice-chairperson and secretary. Sec. 156.06. - Meetings. The Metropolitan Theatre Commission shall meet as often as it may deem necessary, upon call of the chairperson. All meetings will be subject to the West Virginia Open Governmental Proceedings Act. Sec. 156.07. - Written reports. The Commission shall submit annual reports to the City Manager and Council summarizing its past year's activities and recommendations for the ensuing year. Sec. 156.08. - Freedom of Information Act applies. As a board of the City, the Metropolitan Theatre Commission shall be subject to the West Virginia Freedom of Information Act. ARTICLE 168. - MUSEUM COMMISSION Sec. 168.01. - Established. {01545365.DOCX 4} 17 of 32  There is hereby formed, created and established a municipal museum commission known as the Morgantown Museum Commission (the "Commission"). The Commission is established pursuant to authority granted to the Municipality by West Virginia Code Sections 7-11A-1 et seq. Sec. 168.02. - Members. The Commission shall consist of ten members who shall be appointed by City Council. The terms of the individual Commission members first appointed shall be as follows: Two members—Five years; Two members—Four years; Two members—Three years; Two members—Two years; Two members—One year. All vacancies shall be filled for the unexpired term only and all other appointments shall be for a term of five years, to commence on the date following the scheduled expiration date of the previous term. At all times one of the ten members of the Commission shall be a member of City Council. All members of the Commission shall be residents of the City. Sec. 168.03. - Officers. The Commission shall select from its own membership a chairperson, vice-chairperson and secretary. Sec. 168.04. - Meetings. The Commission shall meet on a monthly basis. Special meetings may be held as deemed necessary by the Chairperson. Such meetings shall be subject to the requirements of the West Virginia Open Governmental Proceedings Act. A quorum of members must be present before a meeting of the Commission can be held at which any official action of the Commission is to take place. Sec. 168.05. - Voting. Every member of the Commission present, when a question is put, shall vote unless he/she is interested therein other than as a resident of the City. To be successful, an issue shall require six affirmative votes. Sec. 168.06. - Compensation and reimbursement for expenses. The members of the Commission shall receive no compensation for their services, but shall be entitled to reimbursement for reasonable and necessary expenses actually incurred in the performance of their duties as a Commission member, if said Commission member has received approval from the City's Finance Director to make such expenditure prior to incurring said expense. {01545365.DOCX 4} 18 of 32 Sec. 168.07. - Appropriation of funds. City Council may appropriate any funds that it deems necessary to carry out any of the proposals set forth by the Commission, so long as said proposal complies with the authority granted to the Commission by this article. The Commission, on behalf of the City, may receive gifts, grants, donations, bequests or devises from sources other than public funds. Sec. 168.08. - Powers and duties. It shall be the duty of the Commission to advise and recommend to the City Manager and/or City Council museum programs or projects within the City's corporate limits. The Commission shall not have the authority to contractually bind the City on any matter. Should the Commission so desire, it has the authority to recommend to City Council that a specific admission fee be approved by Council for entrance into a designated museum of the City Sec. 168.09. - Cooperation with State agencies. The Commission shall cooperate and coordinate its activities with the West Virginia Department of Archives and History, the West Virginia Historical Society and the West Virginia Antiquities Commission. Sec. 168.10. - Annual report. On December 1st of each calendar year, the Commission shall file an annual report with the City Manager describing its activities for the previous 12 months. The City Manager shall present the Commission's report to City Council. This ordinance shall become effective March 31, 2021. FIRST READING: ________________ ____________________________________ Mayor SECOND READING: ______________ ____________________________________ ADOPTED: ______________________ City Clerk FILED: __________________________ {01545365.DOCX 4} 19 of 32  AN ORDINANCE AMENDING SECTION 917.03 OF THE CITY CODE ESTABLISHING THE MEMBERSHIP OF THE CITY TREE BOARD The City of Morgantown hereby ordains that Section 917.03 of the City Code is amended as follows: 917.03 THE CITY TREE BOARD The membership of the City Tree Board is continued until the expiration of the members’ current terms on November 14, 2020, and the members shall continue in office until another member is appointed for the membership position. Thereafter, the City Tree Board shall consist of seven eight members appointed by City Council. Two members shall be appointed for an initial term of one year beginning November 15, 2020; two members shall be appointed for an initial term of two years, beginning November 15, 2020; and three members shall be appointed for an initial term of three years, beginning November 15, 2020; and one member of City Council shall be appointed to serve during the member’s term on Council. Thereafter, each appointment shall be for a three-year term, except that each member of City Council shall be appointed for and serve during the member’s term on Council; provided, that when a position becomes vacant, a member shall be appointed only to fill the remainder of the term. All members shall continue to serve until a replacement is appointed, unless the member is removed or resigns in writing, or, in the case of a member of City Council, the member’s term on City Council ends, in which case the member shall no longer be in office as of the effective date of such removal or resignation or the end of the Council member’s term on City Council. Of the members, at least one shall have specialized knowledge and expertise regarding tree management and care. Tree Board members shall serve three-year terms without compensation for their service as members of the Tree Board, but they may be reimbursed for expenses incurred in connection with their duties. The duties of the City Tree Board shall be as follows: (a) Advise and consult with the City Manager, or other staff designated by the City Manager, on any matter pertaining to this Article; (b) Study the problems and determine the needs of the City in connection with its management of trees and shrubs and make specific recommendations to the City Manager; (c) Work in collaboration with the City Urban Landscape Commission, the Board of Parks and Recreation Commissioners, the Public Works Department, the Parking Authority, the Planning Commission, and other agencies and departments as needed; (d) Review City plans and policies, when requested to do so by the City Manager, that contain matters relating to urban forestry, community values, and arboriculture; (e) Recommend legislation regarding the community forest; (f) Provide for the City Manager reports as requested and an analysis of annual budgets pertaining to the community forest; (g) Develop a program for identifying and maintaining exceptional trees in the City and make recommendations to the City Manager and City Council for adopting such a program; (h) Provide information regarding the selection, planting and maintenance of trees on public {01559607.DOCX } 20 of 32  property; (i) Facilitate the planning and implementation of public education addressing proper tree care and community forestry; (j) Coordinate the City Arbor Day programs, grants, and other similar programs. This ordinance is effective 30 days from the date of adoption. FIRST READING: ________________________ Mayor SECOND READING: ________________________ ADOPTED: City Clerk FILED: {01559607.DOCX } 21 of 32  Ordinance 2021- AN ORDINANCE AMENDING ARTICLE 160 ESTABLISHING THE HOUSING ADVISORY COMMISSION The City of Morgantown hereby ordains that Article 160 of the City Code is amended as follows: Sec. 160.01. - Established. There is hereby established a Housing Advisory Commission for the City. Sec. 160.02. - Purpose and duties. The function of the Housing Advisory Commission is to: (a) Serve as the medium for citizen advice and comment on housing issues. (b) Provide advocacy for establishing and maintaining diversity in housing types and opportunities. (c) Encourage and strengthen collaborative planning and communications between public and private sectors. (d) Review, consider, and make recommendations to the City Manager and City Council on all aspects that affect public and private housing. (e) Research and discuss housing trends and ideas and make recommendations to the City Manager and City Council regarding housing policy and ordinances. (f) Sponsor educational programs on owner and non-owner occupied housing. Sec. 160.03. - Membership. (a) The Housing Advisory Commission shall consist of 13 members who shall be appointed by Morgantown City Council as follows: (1) One member of Morgantown City Council; (2) One member from West Virginia University's Off-Campus Housing office; (3) One member from West Virginia University's Office of Student Legal Services; (4) One member who is a college student living within the City of Morgantown; from West Virginia University's Student Government; (5) One member from the Fairmont-Morgantown Housing Authority; (6) One member nominated from an organization promoting fair housing; West Virginia Fair Housing Network; (7) One member being a licensed real estate representative; (8) One member being a City neighborhood association representative; (9) One member being a City landlord representative. (10) One member being a property manager representative; (11) One member at large member who shall be a resident of the City of Morgantown; and there shall be two ex-officio/non-voting members of the Commission as follows: (12) One City of Morgantown Building Code official; and (13) One City of Morgantown Fire Marshal's office representative. ; and (14) One member who is a licensed residential home builder. {01562750.DOCX } 22 of 32 All members shall serve without compensation. (b) A majority of the Housing Advisory Commission should be City residents, or have housing business interest or activity within City limits. Sec. 160.04. - Terms of office. All members of the Commission, except for the WVU Student Government representative; shall serve a three-year term. The WVU Student Government representative shall serve a one-year term. Sec. 160.05. - Officers. The Housing Advisory Commission shall select from its own membership a chairperson, vice- chairperson and secretary. Sec. 160.06. - Meetings. The Housing Advisory Commission shall meet as often as it may deem necessary, upon call of the chairperson. All meetings will be subject to the West Virginia Open Governmental Proceedings Act. Sec. 160.07. - Written reports. The Commission shall submit annual reports to the City Manager and Council summarizing its past year's activities and recommendations for the ensuing year. Sec. 160.08. - Freedom of Information Act applies. As a board of the City, the Housing Advisory Commission shall be subject to the West Virginia Freedom of Information Act. This ordinance shall be effective March 31, 2021. March 2, 2021 FIRST READING: __________________ ______________________________ Mayor SECOND READING: March 16, 2021 _______________ ______________________________ ADOPTED: _ __________ City Clerk FILED: _____________ {01562750.DOCX } 23 of 32  AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2021-2022 The Common Council of the City of Morgantown, West Virginia hereby ordains: SECTION I: That the following budget be and the same is hereby adopted for the City of Morgantown for the FY 2021-2022. General Fund Revenues Balance as of July 1, 2021 $ 4,100,000 Taxes 22,890,000 Licenses and Permits 375,000 Intergovernmental 421,500 Charges for Services 9,560,500 Interfund Charges 75,300 Fines and Forfeiture 300,000 Miscellaneous 355,200 Total General Fund Revenues $ 38,077,500 Coal Severance Fund Revenues Balance as of July 1, 2021 $ 5,000 Coal Severance 60,000 Miscellaneous 150 Total Coal Severance Fund Revenues $ 65,150 TOTAL REVENUES - GENERAL & COAL SEVERANCE $ 38,142,650 24 of 32 General Fund/Department Expenditures Mayor and City Council $ 69,510 City Manager 702,218 Finance 1,039,412 City Clerk 225,844 Municipal Court 266,895 City Attorney 460,000 Engineering 577,764 Personnel 369,804 Code Enforcement 1,298,391 Planning and Zoning 298,832 Elections - Information Technology 613,148 City Hall & Buildings 904,636 Communications 194,066 Police 8,785,585 Fire 6,560,450 Animal Control 31,077 Street 2,875,055 Signs & Signals 701,033 Equipment Maintenance 612,242 Garbage Department 1,530,000 Urban Landscape 290,665 Contributions 406,779 Operating Transfers Out 8,264,094 Contingency 1,000,000 Total General Fund Expenditures $ 38,077,500 25 of 32 Coal Severance Fund Expenditures Contributions to Other Funds $ 60,150 Contingencies 5,000 Total Coal Severance Fund Expenditures $ 65,150 TOTAL EXPENDITURES FOR GENERAL & COAL SEVERANCE FUNDS $ 38,142,650 This Ordinance shall be effective upon date of adoption. FIRST READING: MAYOR ADOPTED: FILED: CITY CLERK RECORDED: 26 of 32  RESOLUTION WHEREAS, City Administration has presented to Morgantown City Council 2021-2022 budgets for the Morgantown Capital Escrow Fund, the Morgantown Municipal Airport Fund, the Municipal Sales and Use Tax Fund, and the Arts & Culture Development Fund and has requested that City Council review and approve the same; WHEREAS, the budgets in question, copies of which are hereto attached, appear to not only be in proper form, but also, acceptable as to income and expenditures set forth therein; WHEREAS, City Council is of the opinion that it should approve said budgets. NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this _______ day of ____________________, 2021, that the 2021-2022 budgets for the Morgantown Capital Escrow Fund, the Morgantown Municipal Airport Fund, the Municipal Sales and Use Tax Fund, and the Arts & Culture Development Fund hereto attached are approved. ______________________________ Mayor ______________________________ City Clerk 27 of 32  RESOLUTION WHEREAS, City Administration has presented to Morgantown City Council a 2021-2026 Capital Improvement Plan and has requested that City Council review and approve the same; and WHEREAS, the referenced capital improvement plan appears to be in proper form and acceptable as to the expenditures set forth therein; WHEREAS, City Council is of the opinion that this capital improvement plan should be approved. NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this 16th day of March, 2021, that the 2021-2026 Capital Improvement Plan attached hereto is approved. ______________________________ Mayor ______________________________ City Clerk 28 of 32  RESOLUTION WHEREAS, the City of Morgantown has applied to the West Virginia Department of Transportation, Division of Highways, for a $384,000.00 grant so as to construct new ADA compliant sidewalk along Pleasant Street in the City of Morgantown. WHEREAS, the West Virginia Department of Transportation has tentatively approved the $384,000.00 grant contingent upon the City of Morgantown executing the Agreement hereto attached and made a part of this Resolution; and WHEREAS, Morgantown City Council is of the opinion that it is in the best interest of the citizens of the community for the project to be undertaken and the Agreement to be executed NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this ______ day of ________, 20___, that it ____________________ (denotes proper authority) is authorized to execute the Agreement hereto attached. ________________________________ Mayor ________________________________ City Clerk 29 of 32  The City of Morgantown 389 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www.morgantownwv.gov Office of the City Clerk CER TI FI CATE I, the undersigned, the duly qualified and appointed City Clerk, of the City of Morgantown, West Virginia, and the keeper of the records, do hereby certify: That on ______________ (date), at Council’s Regular Meeting that Council did approve, by unanimous consent, that the ______________ (Mayor or other proper authority) sign the grant Agreement to the West Virginia Department of Transportation for $384,000.00. Also, the grant monies will be used to construct new ADA compliant sidewalk along Pleasant Street in the City of Morgantown. The seal affixed hereto is the official seal of the City of Morgantown and this certificate is hereby executed under such official seal. In Witness Whereof, I have hereunto set my hand, affixed the Corporate Seal of the City of Morgantown, West Virginia, this ________ day of ____________, 20___. SEAL: _______________________________ City Clerk 30 of 32  RESOLUTION WHEREAS, the City of Morgantown has applied to the West Virginia Department of Transportation, Division of Highways, for a $773,609.00 grant so as to construct new ADA compliant sidewalk along Walnut Street in the City of Morgantown. WHEREAS, the West Virginia Department of Transportation has tentatively approved the $773,609.00 grant contingent upon the City of Morgantown executing the Agreement hereto attached and made a part of this Resolution; and WHEREAS, Morgantown City Council is of the opinion that it is in the best interest of the citizens of the community for the project to be undertaken and the Agreement to be executed NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this ______ day of ___________, 20___, that it ________________________ (denotes proper authority) is authorized to execute the Agreement hereto attached. ________________________________ Mayor ________________________________ City Clerk 31 of 32  The City of Morgantown 389 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www.morgantownwv.gov Office of the City Clerk CER TI FI CATE I, the undersigned, the duly qualified and appointed City Clerk, of the City of Morgantown, West Virginia, and the keeper of the records, do hereby certify: That on March 16, 2021, at Council’s Regular Meeting that Council did approve, by unanimous consent, that the City Manager A. Kim Haws sign the grant Agreement to the West Virginia Department of Transportation for $773,609.00. Also, the grant monies will be used to construct new ADA compliant sidewalk along Walnut Street in the City of Morgantown. The seal affixed hereto is the official seal of the City of Morgantown and this certificate is hereby executed under such official seal. In Witness Whereof, I have hereunto set my hand, affixed the Corporate Seal of the City of Morgantown, West Virginia, this ________ day of ____________, 20___. SEAL: _______________________________ City Clerk 32 of 32