City Council

City of Morgantown 430 Spruce Street, Morgantown, WV 26505 MINUTES REGULAR MEETING December 6, 2022 Regular Meeting: December 6, 2022: The regular meeting of the Common Council of the City of Morgantown was held in the Monongalia County Commission Chambers on Tuesday, December 6, 2022, at 7:33 pm. Present: City Manager Kim Haws, Assistant City Manager Emily Muzzarelli, City Attorney Ryan Simonton, City Clerk Christine Wade, Mayor Jenny Selin, Deputy Mayor Danielle Trumble, and Council Members Joe Abu-Ghannam, Bill Kawecki, Ixya Vega, Dave Harshbarger, and Brian Butcher. The meeting was called to order by Mayor Selin. Approval of Minutes: November 15, 2022, Special Meeting minutes; November 15, 2022, Regular Meeting minutes; November 29, 2022, Special Meeting minutes; November 29, 2022, Committee of the Whole Meeting minutes were approved as printed, by acclamation. Correspondence: The new Director of Communications, Drew Bailey, introduced himself to all of the council and administration. A video recording played of five of our new Morgantown Police Officers, taking oath of office. Those officers are Christian Forsythe, Travis Harding, Richard Hull, Jason Wolfe, and Brandon Nickelson, Mayor Selin recognized the Human Rights Commission for all their accomplishments and presented a certificate to Ash Orr. Public Hearing: An Ordinance Authorizing Bill of Sale, Lease, Promissory Note and Security Agreement for First Responder Training Center Mayor Selin declared this Public Hearing open. James Giuliani, 256 Prairie Avenue, stated that he was opposed to the purchase of the Defense in Depth. Jason Quinn, MFD Captain & Fire Marshal, spoke in favor of the city purchasing the Defense in Depth Training Center. There being no other appearances, Mayor Selin declared the Public Hearing closed. Unfinished Business: An Ordinance Authorizing to purchase Training Center: The below entitled Ordinance was presented for second reading. An Ordinance Authorizing Bill of Sale, Lease, Promissory Note and Security Agreement for First Responder Training Center City Manager Kim Haws explained. Chief Powell explained. After discussion, motion by Councilor Harshbarger, second by Councilor Kawecki, to approve the above-entitled Ordinance. Motion carried 4-3 with Councilor Vega, Deputy Mayor Trumble, and Councilor Butcher voting no. Boards & Commissions: Motion by Councilor Abu-Ghannam, second by Councilor Vega, to reappoint, by consensus, Jon Weems to the Tree Board for another term. Motion by Councilor Kawecki, to appoint, by consensus, Ben Zarazinski to the Traffic Commission representing the Fourth Ward. Motion by Councilor Vega, to reappoint, by consensus, Johnathon Trumble to the Woodburn Commission for another term.  City of Morgantown Motion by Deputy Mayor Trumble, to reappoint, by consensus, Peter DeMasters to the Planning Commission for another term. Motion by Councilor Harshbarger, to reappoint, by consensus, Michael Hasenmyer to the Urban Landscape Commission for another term. Motion by Councilor Butcher, to appoint, by consensus, Annie Cronin-Yorick to the Human Rights Commission. Public Portion: Mayor Selin declared the Public Portion open. Mark Brazaitis, 734 Courtney Avenue, spoke regarding the Greenhouse Gas Reduction in Support of the Paris Climate Agreement. Susan Riddle, Mountaineer Country CVB, spoke regarding the 2022 USA Diving Winter Nationals that will take place on Wednesday, December 14, 2022. Katelyn Lewis, Morgantown Municipal Green Team, spoke regarding the Greenhouse Gas Reduction in Support of the Paris Climate Agreement. Jamie Summerlin, 209 Kingwood Street, shared that he would like to see the city open on Fridays. He has not found where it was approved. He would also like to see the city election be moved on with the county. He asked that the regular meetings start on time. Lastly, he stated that the answer to Deputy Mayor Trumble’s questions about the procedures for meetings, Public Hearing’s do not have a time limit, but the public portion is not to exceed more than 30 minutes in total and 4 minutes per person. James Giuliani, Prairie Avenue, spoke regarding the purchase of the Defense in Depth. There being no other individuals to speak, Mayor Selin declared the public portion closed. Special Committee Reports: Consent Agenda: New Business: Findings & Conclusions of the Vacant Structure: 400 Beechurst Avenue, Morgantown, WV 26505. City Attorney Ryan Simonton explained and stated that Council would like to defer the exemption request to a future meeting. Findings & Conclusions of the Vacant Structure: 301 East Brockway Avenue, Morgantown, WV 26505 City Attorney Ryan Simonton explained. Motion by Councilor Harshbarger, second by Councilor Kawecki, to approve the request for exemption through July 1, 2023. Motion carried 7-0. Findings & Conclusions of the Vacant Structure: 2100 Listravia Avenue, Morgantown, WV 26505 City Attorney Ryan Simonton explained. Motion by Councilor Butcher, second by Councilor Harshbarger, to deny the request for exemption due to registration requirements. Motion carried 7-0. A Resolution of the City of Morgantown to Achieve Greenhouse Gas Reduction in Support of the Paris Climate Agreement: The above-entitled Resolution was presented for approval. Mayor Selin explained. After discussion, motion by Councilor Butcher, second by Councilor Vega, to approve the above- entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2010 C (WV SRF Program) (the “Series 2010 C Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2010 C Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approximate amount of $934,937.00; (iii) authorize the withdrawal of monies in the Series 2010 C Bonds Reserve Account; and (iv) approve the Municipal Bond Debt  City of Morgantown Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2010 C Bonds Reserve Account and related matters: The above-entitled Supplemental Resolution was presented for approval. City Attorney Ryan Simonton explained. Rob Steptoe explained. After discussion, motion by Deputy Mayor Trumble, second by Councilor Vega, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2010 D (WV DWTRF Program) (the “Series 2010 D Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2010 D Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approx. amount of $566,383.00; (iii) authorize the withdrawal of monies in the Series 2010 C Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2010 D Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval. Mike McNulty, General Manager of Morgantown Utility Board, explained. After discussion, motion by Councilor Butcher, second by Councilor Harshbarger, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2012 A (WV DWTRF Program) (the “Series 2012 A Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2012 A Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approx. amount of $20,473.00; (iii) authorize the withdrawal of monies in the Series 2012 A Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2012 A Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval. Motion by Councilor Harshbarger, second by Councilor Vega, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2013 A (WV Infrastructure Fund) (the “Series 2013 A Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2013 A Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approx. amount of $131,580.00; (iii) authorize the withdrawal of monies in the Series 2013 A Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2013 A Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval. Motion by Deputy Mayor Trumble, second by Councilor Butcher, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2015 A (WV Water Development Authority) (the “Series 2015 A Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2015 A Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approx. amount of $11,276.00; (iii) authorize the withdrawal of monies in the Series 2015 A Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2015 A Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval. Motion by Councilor Butcher, second by Councilor Vega, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2015 C (WV SRF Program) (the “Series 2015 C Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2015 C Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approx. amount of $213,468.00; (iii) authorize the withdrawal of monies in the Series 2015 C Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2015 C Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval.  City of Morgantown Motion by Councilor Butcher, second by Councilor Vega, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2015 D (WV SRF Program) (the “Series 2015 D Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2015 D Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the approx. amount of $44,144.00; (iii) authorize the withdrawal of monies in the Series 2015 D Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2015 D Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval. Motion by Councilor Harshbarger, second by Councilor Vega, to approve the above-entitled Resolution. Motion carried 7-0. A Second Supplemental Resolution of City Council relating to the Combined Utility System Revenue Bonds, Series 2019 B (WV DWTRF Program) (the “Series 2019 D Bonds”) which would (i) authorize the amendment and modification of the Bond Ordinance of the City of Morgantown; (ii) authorize the funding of the Series 2019 D Bonds Reserve Account through a Municipal Bond Debt Service Reserve Insurance Policy or other credit facility in the amount of $91,445.00; (iii) authorize the withdrawal of monies in the Series 2019 D Bonds Reserve Account; and (iv) approve the Municipal Bond Debt Service Reserve Agreement from Build America Mutual Assurance Company for the Series 2019 D Bonds Reserve Account: The above-entitled Supplemental Resolution was presented for approval. Motion by Deputy Mayor Trumble, second by Councilor Butcher, to approve the above-entitled Resolution. Motion carried 7-0. City Manager’s Report: shared that he sent written updates to council regarding the project tracking program. He believes it is going to be very helpful for all of us in tracking projects, and things that are of concern. Report from Deputy City Clerk: shared the responses from our Legislators regarding the date for the Legislative Session. As a group the council decided that December 20th would be the best fit for most to meet. She shared that the next Police Civil Service Commission Entry-level Police Officer exam is March 11,2023. She also shared that the WVML Mid-winter conference has been set for February 13-14, 2023, in Charleston. Report from City Attorney: shared that they are continuing to work on the Building Commission lease revenue bonds that council approved to fund BOPARC facilities. The first one being improvements to the ice arena, with construction scheduled to begin in March. They are working on the real estate work to make the assignment of the lease from the Building Commission to the city for the property that will be improved with those funds as well as just working with BOPARC and the architect on the finalization of the bidding documents and then preparing to get those out to bidders. Report from Council Members: Councilor Butcher: he spoke regarding the unexpected closing of Gritstone and shared that the city tries to work with community partners. He hopes they can figure out a way to make it work and open back up to the public again. Councilor Harshbarger: shared that he had an opportunity to spend Friday afternoon with the leadership team of MUB and have an orientation to the workings of MUB. He was able to meet folks and it was very enjoyable. This coming week will be his first official meeting as a board member, so he looks forward to hopefully being that connection between us and MUB and the city. Deputy Mayor Trumble: shared that her group the Morgantown Cleanup Project is working with the Green Mountain Neighborhood Association who is doing a neighborhood cleanup again. Saturday, December 10, 2022, 10am at Jones United Methodist. The Greenmount Neighborhood Association has organized that, and the Morgantown Cleanup Project is providing all the supplies. She reiterated what a few folks said during the public portion about respecting people's time, she would like to see the council meetings start on time and be respectful of not only those who are interviewing and having to wait on interviews, but people who do make the effort to show up to our meetings. She suggested again that maybe those interviews could be 15 minutes instead of 20 minutes in hopes to allow a little buffer in between so that the meetings can get started on time. Councilor Vega: shared that Morgantown High School students that are a part of the Student Health and Safety club have started one of the coolest projects, which is to make sure that people in their school don't go without period products that they need. So, they're having a period of giving right now which is very nice for the times that we're in. They're going to be asking for donations at several businesses in Morgantown. If you stop by these places and would like to donate some sort of period product, please go to these very nicely  City of Morgantown decorated and wrapped boxes. There's going to be one at Stick, the Art Bar, River Birch, Tara Cafe, the Grind, Hoot and howl, River Fairtrade, Blue Moose, Quantum Bean, Buddy’s Bud Company, and Bubble Fish. So, if you are feeling generous and want to give it to our young people, please feel free to send. They have a locker that's filled with these products and other products that folks might need to take throughout the day, and they are making sure that they're keeping count on this. So, this is going to be a cool project that she hopes we can support and that they can keep on doing. She also gave a shout to Irene Riggs of Morgantown High School who ran in a long-distance race for the Nike cross nationals and won first place. Councilor Kawecki: had the pleasure of attending the 10th anniversary celebration for the WVU Land Reuse Agency. As part of the disability conservator table, that group has been just excellent for the community. Morgantown has taken advantage of their services in the past but also for our surrounding communities. They have made, for example, the comprehensive plan for Granville, and what you have now is a service that's just remarkable. Councilor Kawecki stated that he is happy to have them here and he congratulated them on their success. He shared that regarding the issue of timeliness, he totally agrees. We know and we've said this in the past, unfortunately, when you ask somebody to speak up, they do for extended lengths of time. He shared that some people have other commitments and cannot start earlier than their typical start time of 6pm. He suggested that maybe we start our regular meetings at 7:30 pm, and then they start these prior meetings at 6pm and try to control the time a bit. This plan would make it a little more reasonable for the people who are attending. He shared that he does not know if this will be the cure for the problem, but certainly one way of addressing our needs and our community’s needs. Perhaps what we can do is look at our agendas a little more as to what we bring and how the length of our evening meetings might be. Knowing that when we have a controversial meeting that we might allow a little more time for that a little less time for some of the other activities. Councilor Abu-Ghannam: shared that since his last report, he had the opportunity of attending his first MMMPO meeting, which was informative, and everybody was very welcoming, and he greatly appreciated it. He also was going to say congratulations to Irene Riggs, but he was beaten to the punch on that. He shared that their neighborhood meeting was moved from Monday to Thursday because the parade took place 24 hours ago. Mayor Selin: shared that she started her week at a pep rally at Morgantown High for Cross Country National winner Irene Riggs and that she will be presenting a proclamation to her at a council meeting soon, hopefully on the 20th. She shared that it's amazing that we have someone from Morgantown that won nationals in cross country, that is quite an accomplishment. She attended an opening at the Brownie House, which has been open for quite a bit, maybe since June, at the Seneca center. Folks have ideas about having some decking overlooking the trail which would be lovely to have so that people who are on the trail can come and have some goodies while they're biking or walking past. She attended the parade which was something, with much involvement from bands and those with large pieces of equipment such as a decorated cement mixer. Smokey the Bear was there, Santa was in a few places, including on top of the arch and one of our fire trucks. And it just brought such a huge crowd. She remembers some years ago when the parade had gotten smaller, and it really built up into a large event downtown. She congratulated those who organized it and thanked the officers who helped control traffic. She attended the National League of Cities meeting in Kansas City as did the Deputy Mayor. They visited some of the arts districts on a city tour, including Chicken and pickle about pickleball and chicken so you can go there, and you can see outdoor pickleball courts indoor pickleball courts. She shared that they had unusual combinations of businesses. It was interesting to see all of the different ways that people were combining their business and then several different arts districts and how they put those together and some of the benefits that they provided to businesses within those districts that used some percentage of their business was in the arts to try to encourage arts. She is on a National Committee on Energy and National Natural Resources and is attempting to change over to a transportation committee because he really wants to work hard on our airport. She stated that the city is doing very well, and people seem to be out and about and so appreciated everyone's work in city hall and throughout our community. EXECUTIVE SESSION: Pursuant to West Virginia State Code Section 6-9A-4(b)(9) to discuss matters protected by attorney-client privilege. Motion by Deputy Mayor Trumble, second by Councilor Vega, to go into executive session. Motion carried by acclamation. Time: 10:21 p.m. Present: City Council, City Manager, and City Attorney. ADJOURMENT: There being no further business, motion by Councilor Vega, second by Councilor Butcher, to adjourn the meeting. Time: 10:53 p.m. __________________________________ ______________________________ City Clerk Mayor