City Council

304-284-7439 MORGANTOWN Morgantownwv.gov CITY CLERK 389 Spruce St. Morgantown, WV 26505 AGENDA COMMITTEE OF THE WHOLE City Hall Council Chambers, 389 Spruce Street, Morgantown, WV 26505 Tuesday, November 26, 2024, at 7:00 PM This meeting will be broadcast live via YouTube at City of Morgantown - YouTube (https://www.youtube.com/@CityofMorgantown/streams) NOTE: Committee of the Whole Meetings of the Morgantown City Council are intended to provide an opportunity for the Council to receive information, ask questions, and identify policy options in an informal setting. No official action is taken at these meetings. At this Committee of the Whole Meeting the following matters are scheduled. 1. PRESENTATIONS: A. Mountain Line Transit Authority Access Pass Program Presentation - Maria Smith, Executive Director B. Bolton Retirement - Fire & Police Pensions - Jim Ritchie, Senior Consultant 2. PUBLIC PORTION: 3. ITEMS FOR DISCUSSION: A. An Ordinance Authorizing a Rate Increase for the Regional Transfer Rates B. An Ordinance amending Section 105.42 of the City Code, as the same applies to Compensation of Election Officials and other Expenses C. Proposed Changes to the Food Trucks and Mobile Food Service Vehicles Program D. An Ordinance Amending City Code Section 305.04 to Designate Rawley Lane a One-Way Street 4. EXECUTIVE SESSION: Pursuant to WV State Code 6-9A-4(b)(12) to discuss matters protected by attorney-client privilege. 5. ADJOURNMENT: For accommodations, please contact us at 304-288-7072. 1  Item 3A. Ordinance No. 2024-____ AN ORDINANCE AMENDING TABLE 1139.12.1 ESTABLISHING SOLID WASTE SERVICE FEES WHEREAS, The City of Morgantown has authority, pursuant to West Virginia Code section 8- 13-13, to impose by ordinance upon the users of essential or municipal services reasonable rates, fees, and charges to be collected in the manner specified in the ordinance; and WHEREAS, in accordance with the West Virginia Supreme Court of Appeals decision in City of Princeton v. Stamper, the service fees authorized by W. Va. Code § 8-13-13 include fees for collection and disposal of solid waste and may be imposed on all municipal residents without regard to actual use of the provided service to ensure the regular, orderly collection and disposal of solid waste and “to prevent a health menace from imperiling an entire community,”; and WHEREAS, The City of Morgantown has imposed a service fee for collection of solid waste in Article 1139 of the City Code, and specified the manner of payment and collection in said Article 1139, including by specifying rates for service in Table 1139.12.1 of Article 1139; and WHEREAS, The City of Morgantown has contracted with Republic Services to collect and dispose of solid waste within the City, providing the service funded by the solid waste fees; and WHEREAS, Republic Services collects solid waste and recyclables within the City and deposits them at the Mountaineer Transfer Station, in Westover, West Virginia, and the materials are then transported to a permanent landfill or recycling facility as appropriate; and WHEREAS, Mountaineer Transfer Station charges a fee for depositing waste that is set by a tariff approved by the West Virginia Public Service Commission; and WHEREAS, in October of 2023, the Public Service Commission approved an application by Allied Waste Services of North America, LLC, doing business as Mountaineer Transfer Station to increase its tariff for depositing waste to $81.25 per ton, from $61.25 per ton, (See Recommend Decision on Transfer Station, here: https://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityID=612090& NotType=WebDocket); and WHEREAS, in November of 2023, the Public Service Commission approved an application by Allied Waste Services of North America, LLC, doing business as Republic Services to collect the additional disposal fee charged by Mountaineer Transfer Station, as approved in Case No. 23- 0429-SWF-42A, from customers by imposing an additional charge of $2.43 per month per residential customer and 4.17 percent for commercial customers. (see Final Order on Emergency Surcharge, here: https://www.psc.state.wv.us/scripts/WebDocket/ViewDocument.cfm?CaseActivityID=613425& NotType=WebDocket ); and 2  Item 3A. WHEREAS, Republic Services and The City of Morgantown are parties to a contract, authorized by City of Morgantown Ordinance No. 2023-02, adopted February 21, 2023, which provides in part the following: “Disposal fee is in addition to collection fee and is included in all rates. Increases in the disposal fee authorized or implemented by the West Virginia Public Service Commission will be negotiated by the parties.”; and WHEREAS, Republic Services has asked The City of Morgantown to impose the additional fee authorized by the Public Service Commission in Case Nos. 23-0429-SWF-42A, which authorized the increase of Mountaineer Transfer Station disposal fee to $81.25 per ton from $61.25 per ton, and 23-0822-MC-30E, 23-0823-MC-30E, 23-0824-MC-30E, 23-0825-MC-30E, 23-0826-MC-30E, 23-0827-MC-30E, 23-0828-MC-30E and 23-0829-MC-30E, which authorized collection of the additional disposal fee by imposition of an additional charge of $2.43 per month per residential customer and 4.17 percent for commercial customers, by amending Article 1139 of the City Code to establish additional disposal fees in the same amount as authorized by the Public Service Commission; and WHEREAS, the City Council has reviewed the proposal from Republic Services to add this disposal fee to the service fees charged for solid waste services in the City and, in reliance on the determinations by the Public Service Commission, believes such charges are reasonable in relation to the services provided and are to be imposed on the users of the service; and WHEREAS, the City Council accordingly intends to amend the solid waste service fee by adding such disposal charges relating to the increased costs to deposit waste and/or recyclables at the Mountaineer Transfer Station to the solid waste service fees; NOW, THEREFORE, The City of Morgantown hereby ordains as follows: Section 1. Amendment of Table 1139.12.1. Table 1139.12.1 is amended by adding the following (new text underlined): Table 1139.12.1. Solid Waste Pricing 8. An additional disposal surcharge of $2.43 per month shall be added to the Residential Service Fee for each residential customer beginning January 1, 2025. 9. An additional disposal surcharge of 4.17 percent of the customer’s monthly service fee shall be added to the Commercial Service Fee for each commercial customer beginning January 1, 2025. Section 2. 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. 3  Item 3A. 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 3. Effective date; application. This ordinance shall be effective upon adoption. 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 4. 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: [List] Section 5. Notice of Public Hearing (Class II-0). The City Clerk shall cause to be published a notice of proposed adoption of this Ordinance as a Class II-0 legal advertisement in a qualified newspaper of general circulation in the City of Morgantown, and said notice shall state that this Ordinance has been introduced, the title of the proposed ordinance, the places where a copy of this ordinance may be inspected by the public, and that any person interested may appear before the Morgantown City Council at a public hearing on [Meeting Date], at 7:00 p.m., which date is not less than five (5) days after the date of the last publication of the notice, and present any comment or protest thereto, following which hearing, Council shall take such action as it shall deem proper. Copies of this Ordinance shall be available to the public for inspection at the office of the City Clerk, City of Morgantown, Morgantown, West Virginia. 4  Item 3A. FIRST READING: ____________________ ______________________________ Mayor SECOND READING: __________________ ______________________________ ADOPTED: _________________________ City Clerk FILED: _____________________________ 5  Item 3B. Ordinance No. 2024-____ AN ORDINANCE AMENDING SECTION 105.42 OF THE CITY CODE ESTABLISHING COMPENSATION OF ELECTION OFFICIALS WHEREAS, the City of Morgantown wishes to update the compensation provide to election officials to equal the amounts paid by the County Commission for such services; NOW, THEREFORE, The City of Morgantown hereby ordains that Section 105.42 of the City Code is amended as follows (new matter underlined; deleted matter stricken): Sec. 105.42. - Compensation of election officials and other expenses. Each Head Election Commissioner of the election shall be allowed the sum of $115.00 222.00. Each Commissioner and Poll Clerk shall be allowed the sum of $115.00 222.00 for their services and where a Commissioner also acts as a messenger in calling for and delivering the ballots and supplies for his or her precinct and delivers the ballots, boxes, poll books, tally sheets, etc., back to the City Clerk, he or she shall receive $35.00 15.00 in addition to the allowance herein provided. Pursuant to W. Va. Code section 3-1-44(d), the commissioners of election or poll clerks obtaining and delivering the election supplies, as provided in W. Va. Code §3-1-24, and returning them, as provided in W. Va. Code §3-5-1 et seq. and §3-6-1 et seq., will be paid mileage up to the rate of reimbursement authorized by the travel management rule of the Department of Administration for each mile necessarily traveled in the performance of their services. Each Commissioner and Poll Clerk shall also receive an additional $35.00 50.00 for attending a training session as mandated by West Virginia Code Section 3-1-46. The Ballot Commissioners shall be compensated for their services in connection with the election in the sum of $100.00 150.00 each. The compensation of the election officers, cost of printing ballots, and all of the expenses incurred in holding and making the returns of the election shall be audited by Council and order paid out of the General Fund of the City. This ordinance shall be effective upon adoption. FIRST READING: _______________________ ______________________________ Mayor SECOND READING: ____________________ ______________________________ ADOPTED: ____________________________ City Clerk FILED: ________________________________ 6  Item 3D. Ordinance No. 2024-____ AN ORDINANCE OF THE CITY OF MORGANTOWN AMENDING SECTION 305.04 OF THE CITY CODE TO DESIGNATE A PORTION OF RAWLEY LANE A ONE-WAY STREET The City of Morgantown hereby ordains as follows: Section 1. Findings and Purpose. The City of Morgantown finds and determines that the public health, safety, and welfare will be promoted by designating a portion of Rawley Lane from Evansdale Drive to Patteson Drive as a “one-way street” allowing automobile traffic only in one direction. Section 2. Adoption of Amendment to Section 305.04 of the City Code. Section 305.04 of the City Code, entitled “One-way streets designated” is hereby amended as follows (new matter underlined; deleted matter stricken): (a) The following streets or portions thereof are hereby designated as and declared to be one- way streets and vehicular traffic on such streets shall move only in the direction specified in this section: Brockway Avenue, from Walnut Street to Maryland Avenue. Carson Street, from University Avenue to Grant Avenue. Chestnut Street, from Kirk Street to Willey Street. Clark Street, from Cherry Street to Kingwood Street. Clay Street, from Wharf Street to Hurley Street. Court Street, from Spruce Street to University Avenue. Decker Avenue, from Spruce Street to Elk Street. Edgewood Street, from Cobun Avenue to Wilson Avenue. Elmina Street from Dewey Street to Lyndhurst Street. Fayette Street, from University Avenue to Spruce Street. First Street, from Grant Avenue to University Avenue. Forest Avenue, from High Street to Spruce Street. Forest Avenue, from High Street to Chestnut Street. Fortney Street, from Charles Avenue to Richwood Avenue. Gem Street, from Locust Avenue to Richwood Avenue. High Street, from Prospect Street to Kirk Street. Hough Street, from University Avenue to Beechurst Avenue. Jones Avenue, from Stewart Street to Overhill Street. Kirk Street, from High Street to Spruce Street. Manville Street, from Winsley Avenue to Winsley Avenue in an easterly direction. Maryland Avenue, from Brockway Avenue to Cobun Avenue. McClain Avenue, from Third Street to Eighth Street. Moore Street, from University Avenue to B. & O. Railroad Station. {01946555.DOCX } 7  Item 3D. Moreland Street, from Spruce Street to University Avenue. Pearl Avenue, from Richwood Avenue to Cass Street. Parking on the east side of Pearl Avenue only. Pleasant Street, between Spruce Street and Cobun Avenue. Pleasant Street, from University Avenue to Spruce Street. Prairie Avenue, from Wilson Avenue to Wagner Road. Prospect Street, from Willey Street to University Avenue. Rawley Lane, from Evansdale Drive to Patteson Drive Reid Street, from Chestnut Street to University Avenue. Rotary Street, from Collins Ferry Road to Rebecca Street. Second Street, from University Avenue to Grant Avenue. Spruce Street, from Kirk Street to Prospect Street. Walnut Street, from Spruce Street to University Avenue. Walnut Street, between Cobun Avenue and Spruce Street. Wharf Street, from Hurley Street to Clay Street. Winsley Street, from Overdale Street to Green Street. (b) Prior to the adoption of an ordinance designating any street within the City as a one-way street, Council may permit, on a trial basis not to exceed 90 days, such street to be used as a one- way street. At any time during such trial period, Council may request the City Attorney to prepare and present an ordinance thereon. 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 upon adoption. 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 {01946555.DOCX } 8  Item 3D. 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: None. FIRST READING: ______________________ ________________________ Mayor SECOND READING: ___________________ ________________________ ADOPTED: ___________________________ City Clerk FILED: _______________________________ {01946555.DOCX } 9