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, 2nd Floor, Morgantown, WV 26505 Tuesday, July 01, 2025, 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 BY CITY CLERK: 3. NOMINATIONS OF MAYOR AND DEPUTY MAYOR: 4. OATH OF OFFICE FOR MAYOR AND DEPUTY MAYOR: 5. OATH OF OFFICE FOR COUNCIL MEMBERS: 6. ROLL CALL: 7. APPROVAL OF MINUTES: A. June 17, 2025, Special Meeting Minutes B. June 17, 2025, Regular Meeting Minutes 8. CORRESPONDENCE: 9. PUBLIC HEARINGS: 10. UNFINISHED BUSINESS: A. Boards & Commissions 11. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY COUNCIL AND ADOPTED BY RESOLUTION: 12. SPECIAL COMMITTEE REPORTS: 13. CONSENT AGENDA: 14. NEW BUSINESS:  A. Consideration of APPROVAL of A Resolution Approving and Authorizing to Submit to the U.S. Department of Housing and Urban Development (HUD) the FY 2025 Community Development Block Grant (CDBG) Annual Action Plan B. Consideration of APPROVAL of Bid Call 2025-16 for Asbestos Sampling and Demolition of 570 and 635 Pennsylvania Avenue and 637 Brockway Avenue and Restoration of Land C. Consideration of APPROVAL to Authorize Grant Agreements with the Federal Aviation Administration 15. CITY MANAGER'S REPORT: 16. REPORT FROM CITY CLERK: 17. REPORT FROM CITY ATTORNEY: 18. REPORT FROM COUNCIL MEMBERS: 19. EXECUTIVE SESSION: A. Discussion of matters protected by attorney-client privilege pursuant to W. Va. Code 6-9A- 4(b)(12) 20. ADJOURNMENT: For accommodations please call or text 304-288-7072  Item 11A. RESOLUTION APPROVING AND AUTHORIZING TO SUBMIT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THE FY 2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN WHEREAS, under Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of the U.S. Department of Housing and Urban Development is authorized to extend financial assistance to communities in the prevention or elimination of slums or urban blight, or activities which will benefit low- and moderate-income persons, or which address other urgent community development needs; and WHEREAS, the U.S. Department of Housing and Urban Development has advised the City of Morgantown that under Fiscal Year 2025, the City is eligible to apply for an entitlement grant under the Community Development Block Grant (CDBG) Program in the amount of $470,309; and WHEREAS, the City of Morgantown’s has prepared an Annual Action Plan for Fiscal Year 2025, which proposes how the entitlement grant funds will be expended to address the housing and community development needs identified in the City’s FY 2024 – 2028 Five Year Consolidated Plan; and WHEREAS, a draft of the FY 2025 Annual Action Plan was on public display from May 29, 2025 through June 27, 2025 and the City held a series of public hearings on said Plan and the comments of various agencies, groups, and citizens were taken into consideration in the preparation of the final document. NOW, THEREFORE the City of Morgantown by adoption of this resolution on this 1st day of July, 2025, authorizes the execution of: SECTION 1. That the Annual Action Plan for the Fiscal Year 2025 CDBG Program is hereby in all respects APPROVED and the City Manager is hereby directed to file a copy of said Annual Action Plan for Fiscal Year 2025 with the Official Minutes of this Meeting of this Council. SECTION 2. That the City is COGNIZANT of the conditions that are imposed in the undertaking and carrying out of the Community Development Block Grant Program with Federal Financial Assistance and assurances as set forth under the certifications. SECTION 3. That the City Manager, on behalf of the City of Morgantown, West Virginia, is AUTHORIZED to file an Application for financial assistance with the U.S. Department of Housing and Urban Development which has indicated its willingness to make available funds to carry out the CDBG Program in the amount of $470,309; and its further AUTHORIZED to act as the authorized representative of the City of Morgantown to sign any and all documents in regard to these programs. SECTION 4. That the City Manager on behalf of the City of Morgantown, West Virginia, is AUTHORIZED to provide assurances and/or certifications as required by the Housing and Community Development Act of 1974, as amended; and any other supplemental or revised 3  Item 11A. data which the U.S. Department of Housing and Urban Development may request in review of the City’s Application. ADOPTED INTO A RESOLUTION THIS 1ST DAY OF JULY 2025 BY THE COMMON COUNCIL OF THE CITY OF MORGANTOWN, WEST VIRGINIA. IN WITNESS WHEREOF, I, ____________________________, Mayor of the City of Morgantown, West Virginia, have hereunto set my hand and caused the official seal of the City of Morgantown to be affixed this 1st day of July 2025. ___________________________________ Mayor ___________________________________ City Clerk 4  Item 11A. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti-displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs. Anti-Lobbying --To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction’s consolidated plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 75. 07/02/2025 Signature of Authorized Official Date City Manager Title 5  Item 11A. Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (i.e., the development of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570. Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) 2025, 2026, 2027 [a period specified by the grantee of one, two, or ___________________ three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. In addition, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 6  Item 11A. Compliance with Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws -- It will comply with applicable laws. 07/02/2025 Signature of Authorized Official Date City Manager Title 7  Item 11A. OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. 07/02/2025 Signature of Authorized Official Date City Manager Title 8  Item 11A. APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 9  Item 11A. Applicant and Recipient U.S. Department of Housing OMB Number: 2501-0044 and Urban Development Expiration Date: 2/28/2027 Assurances and Certifications Instructions for the HUD 424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual, must provide the following assurances and certifications. The Responsible Civil Rights Official has specified this form for use for purposes of general compliance with 24 CFR §§ 1.5, 3.115, 8.50, and 146.25, as applicable. The Responsible Civil Rights Official may require specific civil rights assurances to be furnished consistent with those authorities and will specify the form on which such assurances must be made. A failure to furnish or comply with the civil rights assurances contained in this form may result in the procedures to effect compliance at 24 CFR §§ 1.8, 3.115, 8.57, or 146.39. By submitting this form, you are stating that all assertions made in this form are true, accurate, and correct. As the duly representative of the applicant, I certify that the will comply with the nondiscrimination requirements within the applicant: [Insert below the Name and title of the Authorized designated population. Representative, name of Organization and the date of signature]: *Authorized Representative Name: 5. Will comply with all applicable Federal nondiscrimination Jamie Miller requirements, including those listed at 24 CFR §§ 5.105(a) and *Title: City Manager 5.106 as applicable. *Applicant/Recipient Organization: City of Morgantown, WV 6. Will not use Federal funding to promote diversity, equity, and 1. Has the legal authority to apply for Federal assistance, has inclusion (DEI) mandates, policies, programs, or activities that the institutional, managerial and financial capability (including violate any applicable Federal anti-discrimination laws. funds to pay the non-Federal share of program costs) to plan, manage and complete the program as described in the 7. Will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property application and the governing body has duly authorized the Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) submission of the application, including these assurances and and implementing regulations at 49 CFR part 24 and, as certifications, and authorized me as the official representative of applicable, Section 104(d) of the Housing and Community the application to act in connection with the application and to Development Act of 1974 (42 U.S.C. 5304(d)) and implementing provide any additional information as may be required. regulations at 24 CFR part 42, subpart A. 2. Will administer the grant in compliance with Title VI of the 8. Will comply with the environmental requirements of the Civil Rights Act of 1964 (42 U.S.C 2000(d)) and implementing National Environmental Policy Act (42 U.S.C. 4321 et.seq.) and regulations (24 CFR part 1), which provide that no person in the related Federal authorities prior to the commitment or United States shall, on the grounds of race, color or national expenditure of funds for property. origin, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program 9. That no Federal appropriated funds have been paid, or will or activity that receives Federal financial assistance OR if the be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of applicant is a Federally recognized Indian tribe or its tribally any agency, a Member of Congress, and officer or employee of designated housing entity, is subject to the Indian Civil Rights Congress, or an employee of a Member of Congress, in Act (25 U.S.C. 1301-1303). connection with the awarding of this Federal grant or its extension, renewal, amendment or modification. If funds other 3. Will administer the grant in compliance with Section 504 of than Federal appropriated funds have or will be paid for the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and influencing or attempting to influence the persons listed above, I implementing regulations at 24 CFR part 8, the American shall complete and submit Standard Form-LLL, Disclosure Form Disabilities Act (42 U.S.C. §§ 12101 et.seq.), and implementing to Report Lobbying. I certify that I shall require all subawards at regulations at 28 CFR part 35 or 36, as applicable, and the Age all tiers (including sub-grants and contracts) to similarly certify Discrimination Act of 1975 (42 U.S.C. 6101-07) as amended, and disclose accordingly. Federally recognized Indian Tribes and and implementing regulations at 24 CFR part 146 which together tribally designated housing entities (TDHEs) established by provide that no person in the United States shall, on the grounds Federally-recognized Indian tribes as a result of the exercise of of disability or age, be excluded from participation in, be denied the tribe’s sovereign power are excluded from coverage by the Byrd Amendment, but State-recognized Indian tribes and TDHEs the benefits of, or otherwise be subjected to discrimination under established under State law are not excluded from the statute’s any program or activity that receives Federal financial coverage. assistance; except if the grant program authorizes or limits participation to designated populations, then the applicant will I/We, the undersigned, certify under penalty of perjury that comply with the nondiscrimination requirements within the the information provided above is true, accurate, and designated population. correct. WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal 4. Will comply with the Fair Housing Act (42 U.S.C. 3601-19), and/or civil penalties, including confinement for up to 5 as amended, and the implementing regulations at 24 CFR part years, fines, and civil and administrative penalties. (18 100, which prohibit discrimination in housing on the basis of U.S.C. §§287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802; race, color, religion, sex, disability, familial status, or national 24 CFR §28.10(b)(1)(iii)). origin and will affirmatively further fair housing; except an * Signature: applicant which is an Indian tribe or its instrumentality which is excluded by statute from coverage does not make this certification; and further except if the grant program authorizes or * Date: (mm/dd/yyyy): 07/02/2025 limits participation to designated populations, then the applicant Form HUD 424-B (1/27/2023) 10  Item 11A. Public Reporting Burden Statement: The public reporting burden for this collection of information is estimated to average 0.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. Comments regarding the accuracy of this burden estimate and any suggestions for reducing this burden can be sent to: U.S. Department of Housing and Urban Development, Office of the Chief Data Officer, R, 451 7th St SW, Room 4176, Washington, DC 20410-5000. Do not send completed HUD 424-B forms to this address. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. The Department of Housing and Urban Development is authorized to collect this information under the authority cited in the Notice of Funding Opportunity for this grant program. The information collected provides assurances and certifications for legal requirements related to the administration of this grant program. HUD will use this information to ensure compliance of its grantees. This information is required to obtain the benefit sought in the grant program. This information will not be held confidential and may be made available to the public in accordance with the Freedom of Information Act (5 U.S.C. §552). Form HUD 424-B (1/27/2023) 11  Item 11A. OMB Number: 4040-0004 Expiration Date: 11/30/2025 Application for Federal Assistance SF-424 * 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s): Preapplication New Application Continuation * Other (Specify): Changed/Corrected Application Revision * 3. Date Received: 4. Applicant Identifier: 07/03/2025 5a. Federal Entity Identifier: 5b. Federal Award Identifier: B-25-MC-54-0007 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Morgantown * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI: 55-6000215 C296B5GYJL78 d. Address: * Street1: 389 Spruce Street Street2: * City: Morgantown County/Parish: * State: WV: West Virginia Province: * Country: USA: UNITED STATES * Zip / Postal Code: 26505-5579 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. * First Name: Robyn Middle Name: * Last Name: Hess Suffix: Title: Grant Writer Organizational Affiliation: * Telephone Number: (304) 284-7429 Fax Number: * Email: rhess@morgantownwv.gov 12  Item 11A. Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: U.S. Department of Housing and Urban Development (HUD) 11. Assistance Listing Number: 14.218 Assistance Listing Title: Community Development Block Grant (CDBG)/Entitlement Grant * 12. Funding Opportunity Number: Not Applicable * Title: Not Applicable. 13. Competition Identification Number: Not Applicable. Title: Not Applicable. 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment Delete Attachment View Attachment * 15. Descriptive Title of Applicant's Project: The FY 2025 Annual Action Plan for Community Development Block Grant(CDBG) Program. Attach supporting documents as specified in agency instructions. Add Attachments Delete Attachments View Attachments 13  Item 11A. Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant 1st * b. Program/Project 1st Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attachment View Attachment 17. Proposed Project: * a. Start Date: 07/01/2025 * b. End Date: 06/30/2026 18. Estimated Funding ($): * a. Federal 470,309.00 * b. Applicant 0.00 * c. State 0.00 * d. Local 0.00 * e. Other 0.00 * f. Program Income 0.00 * g. TOTAL 470,309.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on . b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes No If "Yes", provide explanation and attach Add Attachment Delete Attachment View Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 18, Section 1001) ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Ms. * First Name: Jamie Middle Name: * Last Name: Miller Suffix: * Title: City Manager * Telephone Number: (304) 225-4213 Fax Number: * Email: jamie.miller@morgantownwv.gov * Signature of Authorized Representative: . * Date Signed: 07/02/2025 14  304-284-7431 MORGANTOWN Morgantownwv.gov DEVELOPMENT SERVICES 430 Spruce St. Morgantown, WV 26505 MEMORANDUM To: Jamie Miller, City Manager From: Rickie Yeager, Director of Development Services Cc: Emily Muzzarelli, Assistant City Manager Ryan Simonton, City Attorney Christine Wade, City Clerk Nikkie Lauffer, Deputy City Clerk Drew Cantis, Chief Building Official, Development Services Department Vanessa Johnson, Executive Assistant, Engineering and Public Works Department J. Damien Davis, Director of Engineering and Public Works Date: June 26, 2025 Re: Request to Award Bid Call 2025-16 – Asbestos Abatement and Demolition of 570 and 635 Pennsylvania Avenue and 637 Brockway Avenue and Restoration of Land Please be aware that the City of Morgantown received the following qualified bid responses for the above-mentioned project: Company Name: Bid Amount: Reclaim Company, LLC $ 60,500 Blue Gold Development, LLC $ 64,905 Baxter Environmental Group, Inc. $ 75,000 Anderson Excavating, LLC $ 74,800 After review, staff recommends that Bid Call 2025-16 be awarded to Reclaim Company, LLC. This firm was the lowest responsible bidder. If you have any questions or concerns, please let me know. Page 1 of 1 Item 11C. 15 Item 11C. 16 Item 11C. 17 Item 11C. 18 Item 11C. 19 Item 11C. 20 Item 11C. 21 Item 11C. 22 Item 11C. 23 Item 11C. 24 Item 11C. 25 Item 11C. 26 Item 11C. 27 Item 11C. 28 Item 11C. 29 Item 11C. 30 Item 11C. 31 Item 11C. 32 Item 11C. 33 Item 11C. 34 Item 11C. 35