City Council

304-284-7439 MORGANTOWN Morgantownwv.gov CITY CLERK 389 Spruce St. Morgantown, WV 26505 AGENDA CITY COUNCIL REGULAR MEETING City Hall Council Chambers, 389 Spruce Street, Morgantown, WV 26505 Wednesday, November 06, 2024, at 7:00 PM This meeting will be broadcast live via YouTube at City of Morgantown - YouTube (https://www.youtube.com/@CityofMorgantown/streams) 1. PLEDGE: 2. CALL TO ORDER: 3. ROLL CALL: 4. APPROVAL OF MINUTES: A. October 15, 2024, Special Meeting Minutes B. October 15, 2024, Regular Meeting Minutes C. October 29, 2024, Special Meeting Minutes D. October 29, 2024, Committee of the Whole Meeting Minutes 5. CORRESPONDENCE: A. GIS Day Proclamation & Presentation - Marvin Davis Geospatial Services Manager (5-10 minutes) 6. PUBLIC HEARINGS: A. An Ordinance of the City of Morgantown Amending the City Charter to authorize three members of city council to call a Special Meeting of Council B. An Ordinance of the City of Morgantown Amending the City Charter to Amend Candidate Withdrawal Deadlines C. An Ordinance of the City of Morgantown Amending the City Charter to Provide that the City Clerk Performs Official Duties in a Non-Partisan Manner D. An Ordinance of the City of Morgantown Amending the City Charter to modify Reporting Requirements of Boards and Commissions E. An Ordinance of the City of Morgantown Amending the City Charter to modify City Manager Residency Requirements 1 7. UNFINISHED BUSINESS: A. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of Morgantown Amending the City Charter to authorize three members of city council to call a Special Meeting of Council (First reading 10/01/24) B. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of Morgantown Amending the City Charter to Amend Candidate Withdrawal Deadlines (First reading 10/01/2024) C. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of Morgantown Amending the City Charter to Provide that the City Clerk Performs Official Duties in a Non-Partisan Manner (First reading 10/01/2024) D. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of Morgantown Amending the City Charter to modify Reporting Requirements of Boards and Commissions (First reading 10/01/2024) E. Consideration of APPROVAL of (Second Reading) of An Ordinance of the City of Morgantown Amending the City Charter to modify City Manager Residency Requirements (First reading 10/01/2024) F. Consideration of APPROVAL of 2024 Ward Boundary Report G. Boards & Commissions 8. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY COUNCIL AND ADOPTED BY RESOLUTION: 9. SPECIAL COMMITTEE REPORTS: 10. CONSENT AGENDA: 11. NEW BUSINESS: A. Consideration of APPROVAL of A Resolution of the City of Morgantown, West Virginia Authorizing Application for Grant Funds under the Land and Water Conservation Fund for the Construction of a Playground at Hazel Ruby McQuain Riverfront Park B. Consideration of APPROVAL of A Resolution Selecting Auditor for Fiscal Year 2024- 2025 12. CITY MANAGER'S REPORT: 13. REPORT FROM CITY CLERK: 14. REPORT FROM CITY ATTORNEY: 15. REPORT FROM COUNCIL MEMBERS: 16. EXECUTIVE SESSION: 2 17. ADJOURNMENT: For accommodations please call or text 304-288-7072 3  City of Morgantown Item 4A. SPECIAL MEETING MINUTES October 15, 2024 Special Meeting October 15, 2024: The Special Meeting of the Common Council of the City of Morgantown was held at City Hall Council Chambers on Tuesday, October 15, 2024, at 6:18 p.m. Present: Deputy Mayor Jenny Selin, Council Members, Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, and Brian Butcher. Mayor Joe Abu-Ghannam and Dave Harshbarger were absent. EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9a-4(b)(2)(A) to discuss personnel matters in considering new appointments for Boards and Commissions. Motion by Councilor, second by Councilor, to go into executive session. Motion carried by acclamation. Present: City Council. Time: 6:20 p.m. Kris Field – Health & Wellness Commission & Transit Authority Board of Directors Erik Carlson – Morgantown Utility Board Adjournment: There being no further business, motion by Councilor Trumble, second by Councilor Michael, to adjourn the meeting. Time: 7:05 p.m. ___________________________ ___________________________ City Clerk Mayor 4  City of Morgantown Item 4B. 430 Spruce Street, Morgantown, WV 26505 MINUTES REGULAR MEETING October 15, 2024 Regular Meeting: October 15, 2024: The regular meeting of the of the Common Council of the City of Morgantown was held in the City Hall Council Chambers on Tuesday, October 15, 2024, at 7:10 pm. The meeting was called to order by Deputy Mayor Selin. Present: City Manager Kim Haws, Assistant City Manager Emily Muzzarelli, City Clerk Christine Wade, City Attorney Ryan Simonton, Deputy Mayor Jenny Selin and Council Members: Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, and Brian Butcher. Mayor Joe Abu-Ghannam and Dave Harshbarger were absent. Approval of Minutes: October 1, 2024, Special Meeting minutes; October 1, 2024, Regular Meeting minutes were approved as printed, by acclamation. Correspondence: Deputy Mayor Selin presented a proclamation to Dave Barnett, proclaiming October 19, 2024, as Arbor Day in the City of Morgantown. Deputy Mayor Selin presented a proclamation to Charles Malone, to honor him for his hard work and dedication to serving the City of Morgantown for 35 years. Deputy Mayor Selin presented a proclamation proclaiming November 1, 2024, as Extra Mile Day in the City of Morgantown. Deputy Mayor Selin presented a proclamation proclaiming October 9, 2024, as Ageism Awareness Day in the City of Morgantown. Public Hearing: An Ordinance Authorizing and Regulating Private Outdoor Designated Areas in the City of Morgantown Deputy Mayor Selin declared this Public Hearing Open. There being no appearances, Deputy Mayor Selin declared the Public Hearing closed. Public Hearing: An Ordinance Annexing Property of Milan Puskar Health Right, Inc., into the Corporate Boundaries of the City of Morgantown Deputy Mayor Selin declared this Public Hearing Open. There being no appearances, Deputy Mayor Selin declared the Public Hearing closed. Public Hearing: An Ordinance Authorizing and Approving the Conveyance of real property to the Morgantown Building Commission, the leasing of such property from the Morgantown Building Commission and the issuance by the Building Commission of its Lease Revenue Bonds in an amount not to exceed $11,000,000 all relating to the construction of improvements at Marilla Park Deputy Mayor Selin declared this Public Hearing Open. There being no appearances, Deputy Mayor Selin declared the Public Hearing closed. Public Hearing: An Ordinance Amending Article 925 of the City Code to Revise the Rates, Fees, and Charges for the Service Area served by Cheat Lake Wastewater Treatment Plant Deputy Mayor Selin declared this Public Hearing Open. 5  City of Morgantown Item 4B. There being no appearances, Deputy Mayor Selin declared the Public Hearing closed. Unfinished Business: An Ordinance Authorizing and Regulating Private Outdoor Designated Areas: The entitled Ordinance below was presented for second reading. An Ordinance Authorizing and Regulating Private Outdoor Designated Areas in the City of Morgantown City Attorney Ryan Simonton explained. Motion by Councilor Trumble, second by Councilor Michael, to approve the above- entitled Ordinance. Motion carried 5-0, with Mayor Abu-Ghannam and Councilor Harshbarger absent. An Ordinance Annexing Property into the Corporate Boundaries of the City of Morgantown: The entitled Ordinance below was presented for second reading. An Ordinance Annexing Property of Milan Puskar Health Right, Inc., into the Corporate Boundaries of the City of Morgantown City Attorney Ryan Simonton explained. Motion by Councilor Trumble, second by Councilor Michael, to approve the above- entitled Ordinance. Motion carried 5-0, with Mayor Abu-Ghannam and Councilor Harshbarger absent. An Ordinance Authorizing and Approving Property to the Morgantown Building Commission: The entitled Ordinance below was presented for second reading. An Ordinance Authorizing and Approving the Conveyance of real property to the Morgantown Building Commission, the leasing of such property from the Morgantown Building Commission and the issuance by the Building Commission of its Lease Revenue Bonds in an amount not to exceed $11,000,000 all relating to the construction of improvements at Marilla Park Tom Aman from Steptoe & Johnson explained. Motion by Councilor Trumble, second by Councilor Michael, to approve the above-entitled Ordinance. Motion carried 5-0, with Mayor Abu-Ghannam and Councilor Harshbarger absent. An Ordinance amending Article 925: The entitled Ordinance below was presented for second reading. An Ordinance Amending Article 925 of the City Code to Revise the Rates, Fees, and Charges for the Service Area served by Cheat Lake Wastewater Treatment Plant City Attorney Ryan Simonton explained. Mike McNulty MUB General Manager also explained. After discussion, there was a motion by Councilor Butcher, second by Councilor Kawecki, to approve the above-entitled Ordinance. Motion carried 5-0, with Mayor Abu-Ghannam and Councilor Harshbarger absent. Boards & Commissions: Motion by Councilor Michael, second by Councilor Trumble, to appoint, by consensus, Erik Carlson to the Morgantown Utility Board for another 5-year term. The following term is as follows: 11/1/2024 - 10/31/2029. Motion by Councilor Kawecki, second by Councilor Trumble, to appoint, by consensus, Adelheid Schaupp to the Land Reuse & Preservation Agency Board for a 3-year term. She is taking over the term for Patrick Kirby who resigned on October 8, 2024. The following term is as follows: 1/1/2024 - 12/31/2026. Public Portion: Deputy Mayor Selin declared the Public Portion open. Charlie Chico spoke in opposition to closing Rawley Lane. Mary Ann Folz stated that some of the business owners downtown would like to have a placard for parking, so they don’t have to keep feeding the meter all the time. She talked with County Commission about patrolling when Health Right is annexed into the city and the response was it will be in the city. 6  City of Morgantown Item 4B. Jamie Summerlin 209 Kingwood Street, spoke about the city election cycle and stated that council should bring it to the people to decide. There being no other appearances, Deputy Mayor Selin declared the Public Portion closed Special Committee Reports: None Consent Agenda: None New Business: A Resolution amending the FY 2024-2025 Budget Revision for the Morgantown General Fund: The above-entitled Resolution is being presented for approval. Finance Director Jon Furgison explained. Motion by Councilor Butcher, second by Councilor Michael, to approve the above- entitled Resolution. Motion carried 5-0, Mayor Abu-Ghannam and Councilor Harshbarger were absent. A Resolution amending the FY 2024-2025 Budget Revision #02 of the Capital Escrow Fund: The above-entitled Resolution is being presented for approval. Finance Director Jon Furgison explained. After discussion, there was a motion by Councilor Butcher, second by Councilor Trumble, to approve the above-entitled Resolution. Motion carried 5-0, Mayor Abu-Ghannam and Councilor Harshbarger were absent. Appoint Mayor to the Audit Committee: Presenting for Approval. Finance Director Jon Furgison explained. After discussion, there was a motion by Councilor Butcher, second by Councilor Kawecki, to recommend and approve Mayor Joe Abu-Ghannam to be a part of the Audit Committee. Motion carried 5-0, Mayor Abu- Ghannam and Councilor Harshbarger were absent. An Order of City Council Designating a Portion of Belmar and Waverly Streets: The above-entitled Temporary Designation is being presented for approval. An Order of City Council Designating a Portion of Belmar and Waverly Streets as a One-Way Street on a Trial Basis Public Works Director & City Engineer Damien Davis explained. Motion by Councilor Michael, second by Councilor Trumble, to approve the above-entitled Ordinance to second reading. After discussion, there was a motion carried 5-0, Mayor Abu-Ghannam and Councilor Harshbarger were absent. A Request to purchase new equipment: the Request to purchase new equipment is being presented for approval. Public Works Director & City Engineer Damien Davis explained. After discussion, there was a motion by Councilor Butcher, second by Councilor Michael, to approve the request to purchase a 2024 Hyundai HL940A Wheel Loader in the amount of $145,547.00. Motion carried 5-0, Mayor Abu-Ghannam and Councilor Harshbarger were absent. City Manager’s Report: stated that there are a lot of things happening at the Airport, New Airline Contract, Internal Reorganization with staffing, updates are well underway in the TSA area. Communications is working closely with the WVCVB on promoting the new airline to enhance the usership and service. He thanked all those involved with working to get the information out there. He mentioned that a consultant was retained for a recommendation for the Fire & Police Pension, so when information is available, that information will be provided to city council. He stated the PRO Housing Grant program is moving forward, and a meeting is being scheduled with the Housing Advisory Commission to move the process forward. He noted the Strategic Plan was sent to council and there are a number of areas that they need to focus on. He mentioned that a new hire as a Community Services Coordinator will be starting on October 28th and is excited for them to start. Report from City Clerk: Municipal Government Week 4/14/2024 – 4/18/2024 activities; Communications put together goodie bags for Code and Finance who will be handing them out to customers starting Tuesday, October 15 – 17. Wednesday, October 16th, Employees Appreciation Day; cotton candy will be made on site of each city building and delivered with a goodie cup. There was notification sent out to all the schools in Mon County regarding “If I were Mayor Letters” essay. She stated that they are looking forward to what is received from them. She also mentioned that Thursday, October 17, 2024, the city’s Touch-a-Truck event at North Elementary School starts at 9am 7  City of Morgantown Item 4B. and will continue to noon. October is Breast Cancer Awareness Month, an email went out to all employees to let them know if they would like to wear pink Wednesday, October 16th, in support of those who are battling or those that battled cancer. There will be a photo taken at noon in front of the PSB if anyone would like to be in it. October 28, 2024, National First Responders Day, this day is a collaborative event for our Police & Fire. She noted that the Fire Civil Service Commission is accepting entry-level firefighter applications if anyone would like to apply. Announced that on Sunday, October 20, 2024, 1pm, at Northside Fire Station, Open House Agility if anyone would like to attend. Fire Agility will take place on Saturday, November 2, 2024, Northside Fire Station at 9am, and the those that pass the agility will be eligible to take the written test on Thursday, December 5, 2024, Defense in Depth at 6pm. Coming up in November, there will be some promotional exams for the Fire Department, Wednesday, November 6, 2024, 6pm Northside Fire Station Fire Chief exam, Thursday, November 7, 2024, 6pm, Northside Fire Station Captain exam, and Friday, November 8, 2024, 6pm, Northside Fire Station Lieutenant exam. She noted that we are accepting Police Entry-level applications for our upcoming test on Saturday, March 15, 2025, so if anyone is interested, they may go on our website to apply: www.morgantownwv.gov Report from City Attorney: gave an overview of the Land & Water Conservation Grant for installation of a Bike Pump Track and on the Lower Marilla Park Bond Ordinance, the expectation of the Bid will be done in January 2025 with construction starting in the Spring 2025. A Supplemental Resolution will come back to council to accept those parameters. He stated that council passed the annexation of the facility property for the Milan Puskar Health Right that will be forwarded to the County Commission the Certificate of Annexation and the proposed order to the commissions’ entry to get the in place and become affective as of January 1, 2025. Report from Council Members: Councilor Kawecki: he would like to encourage anyone interested in city government to apply online for openings on the Boards and Commissions. Councilor Michael: gave an update on all the 3rd Ward neighborhood changes that have been happening. She also asked if there was a way to keep Rawley Lane open. Councilor Trumble: she stated that she has been in touch with First Responders and stated that the closing of Rawley Lane will impact them when they get a call in that area. She stated she was disappointed at the last meeting because it was brough up by a citizen that the city did not move their election date. She mentioned that she was upset that this did not get moved for a public hearing and second reading. She noted that this is a Democracy, and any citizen has the ability to introduce the ballot initiative, with only 10% of the registered voters and no time limit on verifying those, unlike the referendum on the Camping Ban Ordinance. The Woodburn Association of Neighbors will be meeting Wednesday, October 16, 2024, but has been delayed due to a scheduling issue and noted that an update to the Richwood Project will be given. The next scheduled date will be Wednesday, November 20, 2024, at the Woodburn Community Complex. She stated that she attended the Fire fighter Open House Agility on October 5, 2024. She noted that she got a break-down from those that oversee the agility process and stated it was interesting what they had to do. She stated the Grace Shelter is having an open house Thursday, October 17, 11am – 1pm, at Hazel’s House of Hope. She updated council on Hazel’s House of Hope’s September’s Day room. Councilor Butcher: mentioned that Neighborhood Fall Mingle will be held at Turtle Park, November 2, 2025, 3pm – 4:30pm. Deputy Mayor Selin: stated the Turtle Park is a park that has a nice flower garden with fairy houses and stated that the Neighborhood Fall Mingle will be a good event to attend. She attended on behalf of Mayor Abu-Ghannam the Opioid Meeting and gave an overview. Councilor Harshbarger: Absent Mayor Abu-Ghannam: Absent EXECUTIVE SESSION: Pursuant to WV State Code Section 6-9A-4(b)(9) to consider matters affecting acquisition or development of property in the Richwood Avenue area. Motion by Councilor Trumble, second by Councilor Butcher, to go into executive session. Motion carried by acclamation. Time: 8:29 p.m. Present: City Council, City Manager, Assistant City Manager, and City Attorney. ADJOURMENT: There being no further business, there was a motion by Councilor Trumble, second by Deputy Mayor Selin, to adjourn the meeting. Time: 10:06 p.m. __________________________________ ______________________________ City Clerk Mayor 8  City of Morgantown Item 4C. SPECIAL MEETING MINUTES October 29, 2024 Special Meeting October 29, 2024: The Special Meeting of the Common Council of the City of Morgantown was held at City Hall Council Chambers on Tuesday, October 29, 2024, at 6:03 p.m. Present: Deputy Mayor Jenny Selin, Mayor Joe Abu-Ghannam, Council Members, Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, Dave Harshbarger and Brian Butcher. EXECUTIVE SESSION: Pursuant to West Virginia Code Section 6-9a-4(b)(2)(A) to discuss personnel matters in considering new appointments for Boards and Commissions. Motion by Councilor Michael, second by Councilor Kawecki, to go into executive session. Motion carried by acclamation. Present: City Council. Time: 6:05 p.m. Alexis Berry – Sister Cities Commission Ronalie Abeyratne – Health & Wellness Commission (Via Zoom) Adjournment: There being no further business, motion by Councilor Trumble, second by Councilor Michael, to adjourn the meeting. Time: 6:56 p.m. ___________________________ ___________________________ City Clerk Mayor 9  City of Morgantown Item 4D. MINUTES COMMITTEE OF THE WHOLE MEETING October 29, 2024 The Committee of the Whole Meeting, October 29, 2024: The Committee of the Whole Meeting of the Common Council of the City of Morgantown was held in City Hall Council Chambers, on Tuesday, October 29, 2024, at 7:10 p.m. PRESENT: City Manager Kim Haws, Assistant City Manager Emily Muzzarelli, City Attorney Ryan Simonton, Mayor Joe Abu-Ghannam, Deputy Mayor Jenny Selin, Council Members, Bill Kawecki, Louise “Weez” Michael, Danielle Trumble, Dave Harshbarger, and Brian Butcher. The meeting was called to order by Deputy Mayor Selin. PRESENTATIONS: A. Milan Puskar Health Right Update on new building – Laura Jones Executive Director of Milan Puskar Health Right Laura Jones gave an update on the progress of the new building. PUBLIC PORTION: Deputy Mayor Selin opened the public portion and asked if there was anyone wishing to speak. Annie Cronan Yorick spoke about the Harm Reduction Program, Affordable Housing, and Low-Income Housing. There being no one else wishing to speak, Deputy Mayor Selin closed the Public Portion. ITEMS FOR DISCUSSION: None EXECUTIVE SESSION: Pursuant to WV State Code Section 6-9A-4(b)(12) to discuss matters protected by attorney-client privilege. Motion by Councilor Trumble, second by Councilor Harshbarger, to go into executive session. Motion carried by acclamation. Time: 8:00 p.m. Present: City Council, City Manager, Assistant City Manager, and City Attorney. ADJOURNMENT: There being no further business, motion by Councilor Trumble, second by Councilor Michael, to adjourn the meeting. Time: 9:38 p.m. ___________________________ ___________________________ City Clerk Mayor 10  Item 5A. 304-284-7439 MORGANTOWN Morgantownwv.gov OFFICE OF THE MAYOR 389 Spruce St. Morgantown, WV 26505 PROCLAMATION Whereas, the City of Morgantown recognizes that an understanding, use and application of geospatial technology is crucial to operating our infrastructure, sustaining our natural resources, and stimulating economic growth, thus, benefitting the welfare of the public through Monongalia County; and Whereas, geographic information systems (GIS) technology allows us to see and model complex relationships and patterns to respond more intelligently; and Whereas, there is a need to promote GIS awareness, education, and technical training to use this rapidly developing technology to its full potential; and Whereas, the City of Morgantown acknowledges those that have chosen GIS as their profession or as part of their discipline to improve the lives of our citizens; and Whereas, to recognize and support the efforts of nonprofits who work on activities to improve conservation, human services, and various humanitarian efforts to better our world; and Whereas, having a day of GIS activities open to students, citizens, and government leaders will help promote STEM education and inspire others to a higher calling to use technology for good; and Whereas, the City of Morgantown is committed to utilizing GIS to inform decision making and better serve its residents and make useful geographic information open and easily available to the public, as a platform for innovation. Now therefore, I, Joe Abu-Ghannam, Mayor of the City of Morgantown, West Virginia, on behalf of the City Council do hereby proclaim the 20th day of November 2024 as and encourage each individual to join in the recognition of the value and application of this technology. Seal: ________________________________ Joe Abu-Ghannam, Mayor November 6, 2024 11  Item 7A. Ordinance No. 2024-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE CITY CHARTER TO AUTHORIZE THREE MEMBERS OF CITY COUNCIL TO CALL A SPECIAL MEETING OF COUNCIL The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council of The City of Morgantown finds and concludes that the City Charter, at Section 2.11, specifies that special meetings of City Council may be called by four members of the Council; and the City Council further finds and concludes that it desires to authorize the calling of special meetings of City Council by three members of the City Council by amending such section of the City Charter. Section 2. Adoption of Amendment to Section 2.11 of the City Charter. The succeeding provisions of the City Charter set out herein are hereby amended as follows (new matter underlined; deleted matter stricken): Sec. 2.11. – Procedure. (a) Meetings. The Council shall meet regularly twice every month at such time and place as the Council may prescribe by rule. Special meetings may be held on the call of the Mayor or of four three or more members and, whenever practicable, upon no less than forty-eight hours notice to each member. All meetings shall be public; however, the Council may recess for the purpose of discussing, in a closed executive session, any matter which is permitted by the State Code to be discussed in a closed or executive session; provided that the general subject matter for consideration is expressed in the motion calling for such session and that final action thereon shall not be taken by the Council until the matter is placed on the public agenda. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. {01946555.DOCX } 12  Item 7A. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective as of December 1, 2024; subject to completion of any procedures specified by law for such ordinance to become effective. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Cause a copy of the amendment or amendments, ordinance, and transcript of the proceedings to be certified to the Clerk of the House of Delegates, as keeper of the rolls, and to be recorded in the office of the clerk of the county commission. The same shall be preserved by such Clerk of the House of Delegates as an authentic public record. The amendment or amendments shall take effect on the effective date specified in the notice as stated in this Ordinance. After the effective date, all courts shall take judicial notice of such amendment or amendments. Section 6. Notice of Public Hearing (Class II-0). The City Clerk shall cause the proposed amendment or amendments, together with a notice of the date, time and place fixed for the hearing thereon, which shall be November 6, 2024, at City Hall Council Chambers, 389 Spruce Street, Morgantown, West Virginia, to be published as a Class II-0 legal advertisement in a qualified newspaper of general circulation in the City of Morgantown, consistent with applicable law. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ {01946555.DOCX } 13  Item 7B. Ordinance No. 2024-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE CITY CHARTER TO AMEND CANDIDATE WITHDRAWAL DEADLINES The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council of The City of Morgantown finds and concludes that the City Charter, at Section 7.02(e), provides that candidates for election to the City Council may withdraw their candidacy in accordance with the requirements of general statutory law; that the filing period for City Council candidates currently concludes on the second Monday in February while the withdrawal date pursuant to general law would occur sometime in January – before the nominations are closed; and that accordingly no candidate who is nominated for office may effectively withdraw their candidacy after nomination. The City Council further finds and concludes that the Charter should be amended to provide candidates who are nominated with an opportunity to withdraw their candidacy while also providing a reasonable notice of such withdrawal ahead of the election so that other candidates may seek office. Section 2. Adoption of Amendment to Section 7.02(e) of the City Charter. The succeeding provisions of the City Charter set out herein are hereby amended as follows (new matter underlined; deleted matter stricken): Sec. 7.02. – Nominations. (e) Withdrawal of Candidacy. Any candidate wishing to withdraw their his or her candidacy shall notify the election official City Clerk in writing of the same by delivering to the election official a signed writing stating the candidate’s intention to withdraw from the election, delivered to the election official in person at their public office or deposited in the United States mail, postage prepaid, no later than the date 30 calendar days before the date of the election. In determining the timeliness of such filing, the date of the filing shall be included and the date of the election shall be excluded. in accordance with the requirements of general statutory law. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. {01946555.DOCX } 14  Item 7B. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective as of December 1, 2024; subject to completion of any procedures specified by law for such ordinance to become effective. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Cause a copy of the amendment or amendments, ordinance, and transcript of the proceedings to be certified to the Clerk of the House of Delegates, as keeper of the rolls, and to be recorded in the office of the clerk of the county commission. The same shall be preserved by such Clerk of the House of Delegates as an authentic public record. The amendment or amendments shall take effect on the effective date specified in the notice as stated in this Ordinance. After the effective date, all courts shall take judicial notice of such amendment or amendments. Section 6. Notice of Public Hearing (Class II-0). The City Clerk shall cause the proposed amendment or amendments, together with a notice of the date, time and place fixed for the hearing thereon, which shall be November 6, 2024, at City Hall Council Chambers, 389 Spruce Street, Morgantown, West Virginia, to be published as a Class II-0 legal advertisement in a qualified newspaper of general circulation in the City of Morgantown, consistent with applicable law. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ {01946555.DOCX } 15  Item 7B. {01946555.DOCX } 16  Item 7C. Ordinance No. 2024-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE CITY CHARTER TO PROVIDE THAT THE CITY CLERK PERFORMS OFFICIAL DUTIES IN A NONPARTISAN MANNER The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council of The City of Morgantown finds and concludes that the City Charter, at Section 2.08, specifies the duties of the office of City Clerk, including the duties to prepare, provide, and retain official records of the City Council and of the City, and, among other duties, to provide accurate and official public records and information to the members of the public. The City Council further finds and concludes that it is in the interest of the public and of the City to specify that, in the performance of such duties to the public, the office of the City Clerk will operate in a neutral and nonpartisan manner so that the City Charter reflects the role of the City Clerk as keeper of official records which should be accurate and available to all persons without regard to any partisan purpose. Section 2. Adoption of Amendment to Section 2.08 of the City Charter. The succeeding provisions of the City Charter set out herein are hereby amended as follows (new matter underlined; deleted matter stricken): Sec. 2.08. – City Clerk. The City shall appoint an individual to serve as City Clerk at the will and pleasure of the Council. Except as otherwise provided in this Charter and subject to the supervision of the City Manager, the Clerk shall have the power, and it shall be his or her duty to: (1) Give notice of and attend all meetings of Council, keep the journal of its proceedings, authenticate by his or her signature and record in full in a book kept for the purpose all ordinances and resolutions of the Council, prepare and keep up to date an index of all such ordinances and resolutions, and keep all such records available for public inspection. (2) Make and certify copies of any ordinance, resolution or order of this Council whenever required to do so, and affix the corporate seal of the City to any paper required to be sealed and to any certified copy of any paper, order or proceeding which he or she may make. (3) Prepare and cause to be served all notices required to be given to any person, firm or corporation, and after the proper service and return of any notice, to file and preserve the same. (4) Have custody of and keep available for public inspection the permanent records of the City and file and properly index all records of such City officers and departments as the City Manager may direct. (5) Perform such other duties as may be required by him or her by this Charter, by general law, or by City ordinance or order of the City Manager not inconsistent with this Charter or with general law. {01946555.DOCX } 17  Item 7C. (6) Perform all duties prescribed by this Charter or by other applicable law in a neutral, nonpartisan manner. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective as of December 1, 2024; subject to completion of any procedures specified by law for such ordinance to become effective. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Cause a copy of the amendment or amendments, ordinance, and transcript of the proceedings to be certified to the Clerk of the House of Delegates, as keeper of the rolls, and to be recorded in the office of the clerk of the county commission. The same shall be preserved by such Clerk of the House of Delegates as an authentic public record. The amendment or amendments shall take effect on the effective date specified in the notice as stated in this Ordinance. After the effective date, all courts shall take judicial notice of such amendment or amendments. Section 6. Notice of Public Hearing (Class II-0). {01946555.DOCX } 18  Item 7C. The City Clerk shall cause the proposed amendment or amendments, together with a notice of the date, time and place fixed for the hearing thereon, which shall be November 6, 2024, at City Hall Council Chambers, 389 Spruce Street, Morgantown, West Virginia, to be published as a Class II-0 legal advertisement in a qualified newspaper of general circulation in the City of Morgantown, consistent with applicable law. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ {01946555.DOCX } 19  Item 7D. Ordinance No. 2024-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE CITY CHARTER TO MODIFY REPORTING REQUIREMENTS OF BOARDS AND COMMISSIONS The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council of The City of Morgantown finds and concludes that the City Charter, at Section 4.02, authorizes Council to create, alter, or abolish, boards, authorities, and commissions, and it requires every ordinance creating these agencies to provide “for periodic reports, at least semi-annually, or as otherwise required by law, to the Manager, or to the Council and to the Manager, indicating such board’s financial condition and such other reports and information as the Council may require.” The City Council further finds and concludes that the reporting requirements should be modified to better advise City boards, commissions, and authorities on the information to be included in reporting to the City Council and to alter the timing of reports to provide for annual reporting. Section 2. Adoption of Amendment to Section 4.02 of the City Charter. The succeeding provisions of the City Charter set out herein are hereby amended as follows (new matter underlined; deleted matter stricken): Sec. 4.02. – Boards, authorities and commissions. The Council may by ordinance create, alter, or abolish such agencies, in the form of boards, authorities or commissions, as it may deem necessary in order to perform any Municipal functions, and to confer powers, authority and duties upon them, consistent with State law. The members thereof shall be appointed by Council. Such boards, authorities or commissions shall not be under the direction or supervision of the City Manager, but every ordinance creating such board, authority or commission shall provide for submit periodic reports annually, no later than the 30th day of June each year, at least semi-annually, or as otherwise required by law, to the Manager, or to the Council and to the Manager by electronic delivery, indicating the entity’s such board's activities during the preceding year and its financial condition, and such other reports and information as the Council may require. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. {01946555.DOCX } 20  Item 7D. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective as of December 1, 2024; subject to completion of any procedures specified by law for such ordinance to become effective. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Cause a copy of the amendment or amendments, ordinance, and transcript of the proceedings to be certified to the Clerk of the House of Delegates, as keeper of the rolls, and to be recorded in the office of the clerk of the county commission. The same shall be preserved by such Clerk of the House of Delegates as an authentic public record. The amendment or amendments shall take effect on the effective date specified in the notice as stated in this Ordinance. After the effective date, all courts shall take judicial notice of such amendment or amendments. Section 6. Notice of Public Hearing (Class II-0). The City Clerk shall cause the proposed amendment or amendments, together with a notice of the date, time and place fixed for the hearing thereon, which shall be November 6, 2024, at City Hall Council Chambers, 389 Spruce Street, Morgantown, West Virginia, to be published as a Class II-0 legal advertisement in a qualified newspaper of general circulation in the City of Morgantown, consistent with applicable law. FIRST READING: ______________________ ________________________ Mayor {01946555.DOCX } 21  Item 7D. SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ {01946555.DOCX } 22  Item 7E. Ordinance No. 2024-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING THE CITY CHARTER TO MODIFY CITY MANAGER RESIDENCY REQUIREMENTS The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City Council of The City of Morgantown finds and concludes that the City Charter, at Section 3.01, provides for appointment of a city manager, provides that the manager will be selected on the basis of executive and administrative qualifications, and includes a requirement that the manager reside in the City while in office. The City Council further finds and concludes that it is important for the manager to be a part of the community by being an active participant and regular presence in public life, and that City Council believes that purpose can best be met, while also retaining the best-qualified person based on executive and administrative qualifications, by modifying the residency requirement to allow for its waiver by City Council based upon a determination that the manager’s residence provides the necessary connection with the regular activities of the City. The City Council further finds and concludes that the City Charter previously contained a city residency requirement for the City Clerk, which requirement was removed by amendment September 21, 2004. Section 2. Adoption of Amendment to Section 3.01 of the City Charter. The succeeding provisions of the City Charter set out herein are hereby amended as follows (new matter underlined; deleted matter stricken): Sec. 3.01. – Appointment; qualifications; compensation. The Council shall appoint a City Manager for an indefinite term and fix their his compensation. The Manager shall be appointed solely on the basis of their his executive and administrative qualifications. He The manager need not be a resident of the City or State at the time of his appointment but must may reside in outside the City while in office only with the approval of Council. Section 3. Repeal, Savings, Severability. Any section of this Code repealed or modified by a subsequent ordinance will continue in force until the effective date of the repealing ordinance. The repeal or modification of any part of this Code does not affect any existing right acquired, or liability or obligation incurred, under the code sections amended or repealed unless the modifying ordinance expressly so provides. Any repealed or modified part of this Code will {01946555.DOCX } 23  Item 7E. remain in force for the purpose of sustaining any proper legal proceedings and prosecutions related to the enforcement of such right or liability brought prior to the repeal or modification. The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance, clause, or provision unless expressly provided by ordinance. If any provision of this Ordinance, or the application of this Ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having jurisdiction to make such determination, the remainder of this Ordinance and the application to other persons or circumstances remain in effect. Section 4. Effective date; application. This ordinance shall be effective as of December 1, 2024; subject to completion of any procedures specified by law for such ordinance to become effective. This Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred, and proceedings that were begun, before its effective date. The law remains in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture or liability. Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required by the form of Ordinance adopted and maintain an executed original ordinance with the official records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with the laws of the State of West Virginia and the City of Morgantown, and to take the following additional actions: Cause a copy of the amendment or amendments, ordinance, and transcript of the proceedings to be certified to the Clerk of the House of Delegates, as keeper of the rolls, and to be recorded in the office of the clerk of the county commission. The same shall be preserved by such Clerk of the House of Delegates as an authentic public record. The amendment or amendments shall take effect on the effective date specified in the notice as stated in this Ordinance. After the effective date, all courts shall take judicial notice of such amendment or amendments. Section 6. Notice of Public Hearing (Class II-0). The City Clerk shall cause the proposed amendment or amendments, together with a notice of the date, time and place fixed for the hearing thereon, which shall be November 6, 2024, at City Hall Council Chambers, 389 Spruce Street, Morgantown, West Virginia, to be published as a Class II-0 legal advertisement in a qualified newspaper of general circulation in the City of Morgantown, consistent with applicable law. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ {01946555.DOCX } 24  Item 7E. ADOPTED: ___________________________ City Clerk FILED: _______________________________ {01946555.DOCX } 25  Item 7F. Morgantown Ward and Boundary Commission 2024 Final Report and Recommendation to Morgantown City Council Johnathon W. Trumble, Chair 1141 Charles Ave., Morgantown, WV 26505 Email: trumble117@gmail.com Mobile: (304) 554-9741 Honorable Mayor and Members of Council, Background: The Morgantown Ward and Boundary Commission is hereby filing its report as required by City Charter 7.05 (c): "(c) Report. On or before September 30th of each even-numbered year, the Commission shall file with the City Clerk a report containing a recommended plan and a map for adjustment of ward boundaries, or recommending that no adjustment be made, all in accordance with the specifications set forth in subsection (d)." Recommendation: By vote of FOUR yeas, ZERO nays, and ONE absent, this Commission recommends adjustments as outlined in the accompanying proposed map compiled by City of Morgantown Geospatial Services Manager, Marvin Davis. Justification: Having observed significant fluctuations in registered voter and population estimate data, and subsequent imbalance of ward composition, in March 2024 this Commission determined that it is appropriate to adjust the City or Morgantown's ward boundaries. Under the direction of the Commission, Mr. Davis imported updated voter rolls and 2020 Census population data, as required by our establishing code, into GIS mapping software. The GIS tools provided the Commission with individual "sandbox" environment maps and 8 computer-generated map variations. This software enabled the Commission to quickly visualize possible map adjustments and discuss issues we needed to consider including recalculated statistics and locations of neighborhoods, physical, and logical separators. The Commission feels that this enabled us to review our respective ward boundaries and determine new boundaries efficiently. We appreciate the City’s effort to provide us with these tools and Mr. Davis's expertise for this purpose. Additionally, the ArcGIS platform enabled us to solicit preliminary public feedback in August 2024. Some feedback was incorporated into our final map and is included in our full report. The statistics of the existing wards with the latest voter registration counts and 2020 US Decennial Census populations are in the table below. Ward Registered Ideal Deviation Population Ideal Deviation Voters Voters (Voters) (2020) Population (Population) (2022) per Ward per Ward First 2,182 1,916 +266 (+13.9%) 3,192 4,441 -1,249 (-28.1%) Second 1,579 1,916 -337 (-17.6%) 4,271 4,441 -170 (-3.8%) 26  Item 7F. Third 1,552 1,916 -364 (-19.0%) 5,588 4,441 +1,147 (+25.8%) Fourth 1,317 1,916 -599 (-31.3%) 4,718 4,441 +277 (+6.2%) Fifth 2,106 1,916 +190 (+9.9%) 5,416 4,441 +975 (+22.0%) Sixth 2,415 1,916 +499 (+26.0%) 3,416 4,441 -1,025 (-23.1%) Seventh 2,259 1,916 +343 (+17.9%) 4,482 4,441 +41 (+0.9%) As has been the case in years past, the Commission determined it impractical to equally balance both voter and population metrics. Due to this constraint, the Commission again made the decision to give preference to registered voter counts when making ward boundary adjustments. This decision was reinforced by a letter received from City Council providing guidance to the same. Final counts were given a 10% margin from ideal, as has also been the case historically. The Commission’s detailed criteria and materials used during the evaluation process are provided in the full report. The statistics of the proposed ward boundaries following adjustment by the Commission, with the latest voter registration counts and 2020 US Decennial Census populations, are in the table below. Ward Ideal Voters Proposed Voters Proposed Voters Proposed Population per Ward per Ward Deviation (Percent) (Deviation Pct.) First 1,916 1,850 -66 (-3.4%) 2,615 (-39.5%) Second 1,916 1,903 -13 (-0.7%) 2,149 (-50.3%) Third 1,916 2,018 +102 (+5.3%) 7,163 (+65.7%) Fourth 1,916 1,921 +5 (+0.3%) 7,221 (+67.0%) Fifth 1,916 1,846 -70 (-3.7%) 3,485 (-19.4%) Sixth 1,916 1,947 +31 (+1.6%) 3,102 (-28.2%) Seventh 1,916 1,925 +9 (+0.5%) 4,585 (+6.1%) Data Received: Please refer to the appended report from Marvin Davis detailing the process, data received, and final recommendation. Link to full analysis and report: https://arcg.is/yGPPH0 Respectfully, Johnathon W. Trumble, Chair Morgantown Ward and Boundary Commission 27  Rd P o i nt Ma ri o n Item 7F. West Virginia University's Jaco Animal Sciences Farm Osage West Virginia University's Star City Research Park Suncrest Easton West Virginia University C he at Rd Granville West Virginia 19 Morgantown University's Municipal Organic Airport Research Farm 100 M organt own Ea rl Co re Rd 68 Laurel Point First Ward 79 Brookhaven Harmony Grove Legend 7 Proposed 2025 to 2027: Ward Boundaries Recommended Changes 119 Proposed Ward First Ward Second Ward Third Ward 68 Graf Fourth Ward Fifth Ward t on R 79 Sixth Ward Seventh Ward d Ward & Boundary Commission Recommended Changes Map Created By: Veronica Balcer, Geospatial Technician. Credits: WVU Facilities, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, EPA, NPS, USDA, USFWS, Copyright nearmap 2015 2024 0 ±0.5 1 Mi Km Coordinate System: NAD 1983 StatePlane West Virginia North FIPS 4701 Feet 0 0.5 1 28  Item 7G. Boards & Commissions Vacant Position List Updated 10/31/2024 o Civilian Police Review & Advisory Board: 2 Vacant – (City Resident or Work within City) 1 – 1yr – 3yr term: 7/5/2023 – 7/4/2026 1 – 2yr – 3yr term: 7/5/2024 – 7/4/2027 o Fire Civil Service Commission: 1 Vacant – City Resident (City Manager Appointee) 1 – 4yr term: 7/1/2023 – 6/30/2027 o Fire Code Board of Appeals: 1 Vacant – City Resident (Legal, Building Contractor, Engineering/Architectural Design) 1– 3yr terms: 5/2/2022 – 4/30/2025 (Legal) o Health & Wellness Commission: 3 Vacant – City Resident 2 – 3yr – 3yr term: 1/1/2024 – 12/31/2026 1 – 1yr – 3yr term: 1/1/2022 – 12/31/2024 o Historic Landmarks Commission: 2 Vacant – City Resident 1 – 4yr – 4yr term: 11/5/2022 – 11/4/2026 1 – 2yr – 4yr term: 11/5/2024 – 11/4/2028 o Human Rights Commission: 3 Vacant – City Resident 2 – 2yr – 2yr term: 7/1/2024 – 6/30/2026 1 – 1yr – 2yr term: 7/1/2023 – 6/30/2025 o “ICC” Building Code Board of Appeals: 1 Vacant (Architect/Engineer or Bldg. Contractor) 1 – 1yr – 5yr term: 5/1/2021 – 4/30/2026 o Library Board of Directors: 1 Vacant – City Resident 1 – 4yr – 5yr term: 7/1/2023 – 6/30/2028 o Personnel Board: 1 Vacant – City Resident 1 – 3yr – 1yr – 3yr term: 7/1/2024 – 6/30/2027 o Planning Commission: 1 Vacant – City Resident Ward Specific 1 – 1yr – 3yr term: 3rd Ward 1/1/2023 – 12/31/2025 o Sister Cities Commission: 4 Vacant 1 – 1yr – 3yr term: 6/1/2023 – 5/31/2026 2 – 2yr – 3yr term: 6/1/2024 – 5/31/2027 1 – 3yr – 3yr term: 6/1/2022 – 5/31/2025 o Traffic Commission: 3 Vacant – City Resident Ward Specific 3 – 3yr term: 4/4/2024 – 4/3/2027 – 2nd Ward, 4th Ward, and 7th Ward o Transit Authority Board of Directors: 1 Vacant – City Resident 1 – 3yr – 3yr term: 1/1/2023 – 12/31/2025 o Urban Landscape Commission: 2 Vacant (Landscape Design – Horticulture - Plant Health) 1 – 3yr – 3yr term: 7/1/2023 – 6/30/2026 1 – 1yr – 3yr term: 7/1/2024 – 6/30/2027 o Ward & Boundary Commission: 2 Vacant – City Resident Ward Specific 2 – 2yr terms: 7/1/2023 – 6/30/2025 - Wards 4 & 7 o Woodburn Commission: 2 Vacant – City Resident 1 – 2yr – 3yr terms: 1/1/2022 – 12/31/2024 1 – 1yr – 3yr terms: 1/1/2024 – 12/31/2026 29  Item 11A. Resolution No. 2024-_____ A RESOLUTION OF THE CITY OF MORGANTOWN, WEST VIRGINIA AUTHORIZING APPLICATION FOR GRANT FUNDS UNDER THE LAND AND WATER CONSERVATION FUND FOR THE CONSTRUCTION OF A PLAYGROUND AT HAZEL RUBY MCQUAIN RIVERFRONT PARK WHEREAS, The City Council of The City of Morgantown, West Virginia recognizes the need for universally accessible and sensory-rich play environments to meet the widest range of needs and the widest range of abilities and users, and wishes to participate in the Land and Water Conservation Fund program; and WHEREAS, the City Council, wishes to construct a new playground at Hazel Ruby McQuain Riverfront Park in Morgantown, WV; and WHEREAS, in accordance with the terms and conditions of the Land and Water Conservation Fund program, it is necessary for the City Council to adopt an official resolution authorizing application for funds of the Land and Water Conservation Fund and committing a contribution of 50% matching funds to the project; NOW, THEREFORE, BE IT RESOLVED by The City of Morgantown that: 1. The City of Morgantown authorizes the total project cost of up to $500,000.00 and authorizes the acceptance of funds of the Land and Water Conservation Fund Program in the amount of $250,000.00, and commits to providing a 50 % matching share for the total project in the amount of $250,000.00. 2. The City of Morgantown hereby authorizes the City Manager to execute any and all documents which comprise the application for Land and Water Conservation Funds for the project, and take any and all actions, necessary to serve the purposes of the project and the program. 3. The City of Morgantown agrees to abide by all rules and regulations pertaining to the Land and Water Conservation Fund Program, and to operate and maintain the proposed facility for public use under the requirements of the Land and Water Conservation Fund should this project receive federal assistance. Adopted this ______ day of November, 2024: ______________________________ Mayor ______________________________ City Clerk {01981884.DOCX } 30  Item 11B. Resolution No. 2024-___ RESOLUTION WHEREAS, the City of Morgantown audit committee comprises Mayor Abu-Ghannam, Assistant City Manager Emily Muzzarelli, Finance Director Jonathan Furgison, and Assistant Finance Director Denise Stefanizzi; and WHEREAS, such committee has met and reviewed proposals for the City of Morgantown’s Fiscal Year 2024-2025 audit as provided by state law; and WHEREAS, upon review and consideration of the proposals submitted by firms or individuals qualified to perform such services, the Audit Committee recommends selection of BHM CPA Group, Inc.; NOW, THEREFORE, BE IT RESOLVED by The City of Morgantown, as follows: 1. BHM CPA GROUP, Inc. is selected as auditor for the City of Morgantown for Fiscal Year 2024-2025. 2. The City Manager is authorized and directed to engage BHM CPA Group, Inc. for such services in accordance with the Uniform Contract to Audit/Review Local Government Financial Statements and/or such other or similar documents as are necessary to complete the services required. 3. All actions required to be taken in order to perform the request for services, evaluation of proposals, and selection of such auditor have been taken by the appropriate officer or officers of The City of Morgantown, and the City Council of The City of Morgantown hereby ratifies and affirms all such actions to the extent that such ratification and/or affirmation is necessary to conduct the services required as authorized by this Resolution. Adopted this ____ day of November, 2024: ____________________________________ Mayor ____________________________________ City Clerk 31