City Council - Regular Meeting

I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. We will call this meeting to order. This is Morgantown City Council regular meeting for Tuesday, March 3rd. It is 700 p.m. Deputy Clerk Locker, would you please call the role? Joe Abulan, present. Jody Hollings Head here. We Michael here. Jenny Seline here. Mark DS here. Brian Butcher here. Danielle Trumble

here. Our first matter of business is approval of minutes. February 17, 2026 special meeting minutes. February 17, 2026 regular meeting minutes, February 24th, 2026 work session minutes. And February 24th, 2026 committee of the whole meeting minutes. Were there any additions or corrections? Seeing none, approved by consensus. Yes. Great. We have one item of correspondence this evening, a presentation, introduction of Compass Point Planning. Wendy Mohler to present update uh the city's sign regulations in the zoning code.

Uh yes, mayor. I appreciate Miss Mohler is stuck in traffic and is having some issues getting here, but if it is okay with the council would still like Ricky to give a brief overview of some of the items going on related to that project particularly process and some of the public feedback and the stakeholder engagement that we're looking to accomplish. Director Jagger.

Yeah. Good evening, mayor, members of council. Uh Wendy Mohler with Compass Point Planning. Apologize for not being here. She's uh stuck in traffic and according to our last correspondence in the last hour, she's moved three miles. So, she's still got quite a journey before she reaches Morgantown for our meetings tomorrow. But, um thank you for giving us an opportunity to address you this evening regarding the city's efforts to update article 1369 of the city's planning and zoning code regarding signage. Um, compost point planning is now under contract to finalize the project which includes stakeholder engagement, proposed ordinance revisions and presentations to planning commission and city council. Wendy has worked with communities of various sizes and in different locations across the country and we appreciate her perspective and expertise on this issue and willingness to help us modernize our sign code. For anyone interested in this topic, the city will be hosting an open house tomorrow evening at the Merilla Center from 6:30 to 8:00 p.m. While there will be no formal presentation, participants will have an opportunity to learn more about the project scope and provide comments on key topic areas such as temporary signs, murals, digital display boards, and other signage types in the residential and non-residential districts. The community will also have additional opportunities to participate in the planning process as draft um ordinances come before both planning commission and city council for review and approval. As I mentioned earlier, I corresponded with Wendy earlier and she wanted me to extend her uh apologies again, but we also wanted to get council's input if there were any major concerns, thoughts uh going forward as we move into this uh process that we could take into our meetings tomorrow and then as we forge ahead. any input

I would like to see um in the downtown um with the help of and I and I understand there's some other meetings like with um Main Street organization and um that we reclaim the downtown sign program um that it be um modern but also um reflective of the nice architecture and the feel of our downtown so that we um modernize it that little bit, but also uh pull pull it back in. So, make it make it um make it a give it a good sense of place through the signage program. Um, and I know that there have been people that have been working on it over the years, and at least some of them have said that they're going to show up at some of those meetings, some of the people that had worked on it in the past.

Um, I'm not looking to go back to the past, but I'm looking to just have a look in the downtown for sure

that, um, is pleasing to the eye. I think part of the problem in the downtown is that sometimes and and other other places around town sometimes people put up signs that are more suited toward a place where you can see way into the distance. So more reflective what you'd see off of a highway or off of a road where you're going a high rate of speed. But for instance, going down a high street, rolling down some of our other streets, it's, you know, 25 m hour or less or it's 35 m an hour. And we just don't need huge large scale signs. Um, I think that they don't even help the people that think that they're helping them if they're way up high and people are driving and they're looking at a lower at a lower rate of speed and a lower spot. So, um, that's part of what I would be looking for. Um, with temporary signage, same type of thing that we don't need huge signs where a smaller sign would do.

Thank you. Thanks. Absolutely. Thank you.

Looking forward to participating tomorrow. Great to see what they come up with. All right. Thank you all very much. Appreciate it. Thank you.

Any other correspondents? I will share that I received um notice from the WVU Student Government Association that they had passed a Black History Month recognition and they just recently sent that to me. So I will yesterday I will be happy to forward that along to you all to go along with our Black History Month proclamation. Um seeing no other correspondence, we will move on to public hearings. One public hearing this evening, ordinance approving a gas line easement at 495 Falling Run Road. This public hearing is for this item and this item alone. If there's anyone wishing to speak on this item, now is your time. We will open that public hearing. Seeing none, we will close that public hearing. We will move into unfinished business, boards [clears throat] and commissions. I believe we have one appointment we wanted to make or

maybe not. Does someone have that name available? Caleb. I move to appoint Caleb McClung to the Human Rights Commission. Second. [laughter] Uh, all in favor? Yes. Yes. All right. You're a full service chair. [laughter]

I'm like, I know the name, but I'm leaving the meeting. Um, we will move into our public portion. Uh, subject to rules established by council, adopted by resolution. Generally, you would have four minutes to speak. Please approach the podium and state your name and address for the record. No comments of a personal nature. Uh we will start with folks who have signed up but if there is anyone wishing to speak after that you will be given time to do so. The first person on the list is Anthony Antonyini.

Thank you. As uh mayor said my name is Anthony Antonyini and Mr. and Mrs. Horton and myself live in the Mela section of the city. Um, it's really a very highly visible part of the city. East Brockway is a thorough affair for a lot of traffic with the pool and the park and Mela Center. Um, we are here this evening because we are concerned about certain things that are in our neighborhood that are really eyes. Um I have filed many complaints with code enforcement. Um I have talked with Mr. Canis who is very professional and very nice to talk to. But these concerns that we have uh never get, it seems to me, never get any [clears throat] um attention. Um, for example, we have uh a structure on East Brockway that is a house that is

condemned and it has been that way for over a year now. the folks that live next to that has had to hire an exterminator because of the rat problem that um [clears throat] is presented. Um we have um situation on Beach Street where an old dilapidated large dump truck is parked behind a house that is a rental. But this dumb truck is full of uh junkyard trash. I I talked to Mr. Canis about this and he pointed out to me that one of the problems is that the trash in the dump truck is not household trash and therefore does not um uh attract rats. But um this is just a real eyesore. We have a structure next to 500 East Brockway that has been vacant for years that the backside of the property is not kept that the the critters underneath the the house are really menacing.

Um we have situations where you know folks are not dealing with garbage as per city ordinance you know and again I filed complaints with code enforcement but the situation still remains Um, you know, we're proud to be second ward folks. Uh, Mr. Mrs. Mrs. Horton and I have been in that neighborhood for years. Mrs. Horton was raised there. Uh, and we we take pride in our neighborhood and we would like to see um some of those situations at least looked into and perhaps some communication given to us as to, you know, what the problems are. I realize, you know, that things just aren't always black and white and there are, you know, rights that people have, but um I just wish that we were given some information on some of these situations. And as I said, this is a highly visible part of Morgantown. I mean, traffic on East Rockway in the spring and summer is incredible, you know, with the pool and the park and everything else. So, I thank you.

I'm happy to follow up with code enforcement and I believe that's sixth board. So, um, councelor DS and I will be in touch. Okay. Well, thank you for your attention.

Thank you. Thank you. Uh the next person on the list this evening is Ethan Interline. Good evening, city council. Ethan Enterline, 500 Station Street, local governance liaison. I just wanted to invite you all out. We have finalized a date for our spring sa uh excuse me, spring safety uh spring campus safety walk. We are going to be hosting it Thursday, March 26th at 6 p.m. Uh this semester we're going to be walking at the Sunnyside and Health Sciences campus. I'm still working on drawing out the exact boundaries of where we're going to be walking. But I think especially with Health Sciences, we're going to try to look more into the stadium this year um among some other things that we've been working on. But um we'd love to have you all out again. I know a few of you uh came out to the fall walk. We really appreciate you coming out then. So, um, I'll send you out. I'll send you all more information via email whenever I get it. But, um, just wanted to let you all know ahead of time. Um, that's all I got. Thank you.

Thank you. Thank you. Unfortunately, I think many of us will be traveling that day. Um, those were [laughter] those were the only folks on the list to speak this evening. Is there anyone else wishing to address council? [snorts] Good question. I want to speak to something on the consent agenda. Is that now or with the item now? No. Okay. Um item B on the consent agenda which is the revitalization of uh uh uses of old structures. Um just wanted to speak to this uh a little bit. Um I intend Tom, can you state your name and address for the [laughter]

Yeah, thank you. I'm sorry. I used to chair meetings and used to have to remind people to do that. I'm Tom Shamburgger. I live at 812 Ridgeway Avenue in Morgantown. Um the uh uh uh appeal process what I want to speak to in that the it's giving the planning office the the discretion to do things at the planning commission. They talked about the uh appeal process possibly [clears throat] be running through the board of zoning appeals. I went to the meeting that night to make that suggestion. the the item never got to a vote. It got tabled and there never got to be a public hearing, but a couple of the members of the planning commission had mentioned this is more in the wheelhouse of the board of zoning appeals. Um uh the BCA does uh handle uh uh other appeals of the planning office uh as as part of their uh uh uh charge. Now, it doesn't happen very often. Uh, I've served three different times on the the BCA and and it it seems to me that instead of council hearing these appeals, it really does seem to make sense to me that this could be incorporated into the BCA, the BZA process is already there. If somebody doesn't like the BZA's decision, there's already a process where they can appeal it to to the circuit court and it gets council out of being both the legislator and the arbitrator of these things. It leaves that decision to a separate disinterested body who is well I wouldn't say disinterested that's I could pick a better word but uh somebody who uh uh is involved in u making decisions on on uh zoning issues. So, I I would uh put that out there for your consideration to

change the language to let the board of zoning appeals handle the appeals. That gets you out of the appeal thing. And any anybody thinking there might be political impropriety one way or another you you know it would it would put it over in the BCA and uh uh having served on that, you know, we're used to people being you know, mad at us all the time anyway. So, uh, it just it's just a normal course of business. So, I would ask for you to put that in, uh, your consideration for item B on the consent agenda. Thank you for your time. Next time, I'll try to remember my name. [laughter] We know you, but the clerks are writing the minutes. So, uh, anyone else wishing to speak this evening?

All right. Seeing none, we will close the public portion. We have no special committee reports. We do have three items on the consent agenda this evening. I'll read through the items. If there's any item that a member of council would like to pull from the consent agenda, they may do so. Otherwise, we will vote on these items um at once. Item A, consideration of approval of second reading of an ordinance approving a gas line easement at 495 Falling Run Road, Morgantown, West Virginia 26505. First reading, February 17th, 2026. Consideration of approval of first reading of an ordinance amending article 1373 non-conforming uses to provide a process to revive abandoned non-conforming uses. Item C, consideration of approval of a resolution designating certain individuals authorized agents of the city of Morgantown for the purpose of transacting funds with banking and financial institutions.

I'd like to Yeah, I'd like to see item [laughter] B pull item B pulled off the consent agenda, please. Okay. So, Deputy Clerk Loer, will you please call the roles on item A and C together? Joe Avagano, yes. Jody Hollings, yes. Louise Whise Michael, yes. Jenny Seline, yes. Mark DS, yes. Deputy Mayor Butcher, yes. Mayor Trumble,

yes. Passes 70. We will now go on to new business. First, we will have consideration of approval of a first reading of an ordinance amending article 1373 non-conforming uses to provide a process to revive abandoned non-conforming uses.

Thank you, mayor. As uh has been discussed with council, this is a uh an ordinance requested by council to address a a process to return property to productive reuse by a a faster method than some of the map amendments that you have seen. Um, under our state enabling legislation, city council has the authority to uh allow extensions or expansions of non-conforming uses, but is not required to do so. So, the basics of what this ordinance would do would be to provide a process to allow the revival of non-conforming uses that have been abandoned and are not entitled to continue under the the state zoning law. The uh process in the current draft ordinance is for somebody with a a property that previously had non-conforming use status that has been abandoned to apply to the city um and have an administrative review performed by the development services department with a a public comment period and certain public notice requirements for development services staff to issue a recommended decision that then either the applicant or city council can take up and have [snorts] finally decided by city council. But if uh neither does so, then the recommended decision would be uh would become the final decision. Um certainly council would have the option to have uh to delegate that decision-m to the board of zoning appeals uh rather than have it come before council. Um and appreciate Mr. Shamburgger's long service on our our BCA in the past as well. It's true that the board of zoning appeals does um both have appeal procedures and there is a statutory mechanism in state law under chapter 8A article 9 providing for appeals of board of zoning appeals decisions uh to the circuit court for review by sersar which means review on their record to find out

if it was wrong under an established standard. um with city council potentially making the final decision. It's um it's not necessarily specified in the zoning enabling act what the review procedure would be, but presumably it would be the same as when council makes a decision on a proposed amendment to the zoning code, which would um involve a civil suit in circuit court and a determination whether the uh the decision had a rational basis effectively. Would you like Pardon? Would you like to start? Sure.

Um I think that it would be more in keeping of the rest of our set of codes in this area that we use the board of zoning appeals as the um instead of city council to just insert the um board of zoning appeals in that place. And I think that it um just even though it's a citizen board, it almost professionalizes it or it it just fits it it it just fits in with the rest of how we do things in that area. So, I would like to see that change and I don't know if that's some minor amendment that we could put in tonight or if that's something that would make this go one more meeting, but I would I would like to see that inserted in. And I can move to that effect, but I also would like my colleague to have a chance to speak.

Yeah. I mean, I think I generally favor that as well. And I don't know why upon review that didn't dawn on me. Um, but it didn't. Uh, but I tend to agree. I think that's more in line with the the purpose and intent of that that body ba is and and their role and their charge. So, um, but but I'd like to like to hear your your perspective, Ryan.

Um, yeah, you know, I think this is a policy question for you all. Either either one would [clears throat] be a a perfectly fine method to do this. Um, the question I would have about amending the ordinance if you want to pursue the BCA route. So, currently there's an application process. there's a suggested decision by the the city staff and then city council has an option to look at that decision and say we'd like to take that up. Um, if you have the the ultimate decision made by the board of zoning appeals, I think you would want to decide whether whether city council still has some role in looking at the uh the staff recommendation or whether um the the staff recommendation just uh can be challenged by the applicant to the board of zoning appeals. I would think that it would be challenged by the applicant to the board of zoning appeals because the applicant would be the one who would want to continue the use. I don't know if city council is needed there. Um if somebody else here thinks that that's needed, I would be perfectly

I do. I do appreciate the the opportunity for insight into um you know the appellent process and and you know zoning implications from a policy perspective. Um and I think that's a benefit for all councils to have. But um but you know beyond that I I think I would favor uh that appeal coming to BCA. If I could jump in I agree. I think that [clears throat] especially because the hope is that we have professionals there that understand the processes and council theoretically every four years every every other year could be flipped in half. So to have some consistency there and continuity I think would be also beneficial to the long-term development.

Is that a minor adjustment we can make? Yes. So well and this is on uh it's on first reading before you tonight and so any um you know any amendments can be considered. Um, I can probably offer you a suggested amendment here in just a second if that's the direction you'd like to go. But, you know, if other council members had comments on Yeah. What does everyone else think?

Would council still have the ability to appeal a decision if if staff says, "Yeah, we'd really love that bar to continue." And we're like, "I don't know, maybe not." Um, is there would in your view is there an opportunity for council to disagree with a decision that was made by? No, I think this the applicant would be the one who would

have the most gain or lose and would want to but why wouldn't why [clears throat] wouldn't we um route those to BCA as well? I mean to I I appreciate one of the top points that Tom made was um taking this out of kind of the political realm and I appreciate that. So, I think, you know, um we could just as well have the BCA review um those decisions and either object or or not. And if I'm if I'm hearing this correctly, we wouldn't have an opinion unless the applicant appealed it.

So, even if the applicant applied and we didn't agree with their decision, we wouldn't have the say unless the applicant appealed the decision. Is that right? As it stands right now, council or the applicant could appeal staff decision on permitting the continuation of use. Why would we appeal if the applicant didn't want to? you kind of need willing

I think well I think we get to a situation where an applicant submits a request and staff says yeah sure continue that use and maybe it's something that we wouldn't want to continue then couldn't we come to the hearing in front of the board of zoning appeals and and speak our logic there

yes but the board of zoning appeals would or council either or as of now it would be council that has the opportunity to object but uh would we feel comfortable giving BZA the opportunity to object? I I think it would be better that would put the onus on us to make staff aware of our goals as a council. Uh because I think it would reflect poorly on us to single-handedly pick out people that we didn't want their businesses in our downtown regardless of our opinions on more bars. Like I think it'd be better suited for us to make sure staff is aware of our long-term goals cuz that could be, you know, in 2 years if half this council is flipped, then whoever's sitting here could want to do the opposite of whatever it is we want and then we end up in a pendulum going one extreme to the other. It's best that we have the consistent people that are present like our administration and the BCA be the ones to make those long-term decisions and to hear our opinions of what the community wants and hopefully all of us are together in that decision process unified. Not I don't have an issue with it being heard by the BCA, but we have turned over like two or three BCA people this year alone. I don't think it's any more um

consistent consistent than council, but it has been though different times. It certainly has the ability to be, but you've been here for 20 years. [laughter] I have and no one else here has. We we have turnover, which is good to have a little bit of both. Yeah, it can uh it can certainly be hard to do ordinance drafting on the fly. If council would like to move to continue this ordinance to its next meeting, we could prepare some options for you all to review to uh kind of get a little more space to think through those. I would prefer that. That would be appreciated.

Okay. If you would entertain a motion to continue this ordinance to your next meeting. Move to continue. Second. Okay. Any further discussion? Uh, Deputy Clerk Glock. Call the RO. Oh, my apologies. Joano, yes. In the continuation, Jody Hollings, yes. Louise Michael, yes. Jenny Seline, yes. Mark Downs, yes. Deputy Mayor Butcher, yes.

Mayor Turbo, [clears throat] uh, yes. passes 70. Our next item of new business, consideration of approval of first reading of an ordinance adopting the annual budget for the general fund and coal severance fund of the city of Morgantown for the fiscal year 2026 2027. Thank you, Mayor. Uh Director Ferguson will be joining us at the podium for the next three items which are related to the budget to give an overview of where we are in that process tonight. you you do have a first reading of an ordinance related to the general fund and the coal severance fund as well as a resolution uh for our capital escrow fund and our capital improvement plan. Looking forward to the next meeting you will hear a second reading as well as a resolution on our other funds as well. So just to outline uh these processes are part of our normal budget adoption and we have timelines that we have to meet in order uh to report to the state appropriately. Certainly we we presented the budget at the last committee of the whole meeting but we'll provide a brief overview of each item tonight and then to take any questions as we move forward. Thank you council John Ferguson finance director and I have the privilege of the best part of the night which is the uh presenting the city of Morgantown's proposed general fund and coal seance budgets for the fiscal years 2006 through 2007. Now, I would first like to express my sincere appreciation for council with all their hard work, their effort, and significant time that was invested over the past couple months during this entire process uh through the uh the small workg groups, the detailed review sessions, and the collaborative discussions that you've had that has had a significant impact in the budget that you that you have before you today. Uh brief took that point brief uh discussion on the general fund. Uh we want to first start off with the general fund revenues and I'm going to break it out into the highlevel accounts. If you want to uh if you have any questions

about the uh the details we can discuss on those but on the high level we have a total projected revenues for the general fund are uh $41,829,181. Now that consists of 28,266,750 in tax revenues. Our tax revenues include, but are not limited to our real property taxes, our business and occupation tax, our hotel motel taxes, and also our municipal sales tax that allocation for general fund. The next category for revenue we have is our licenses and permits, which represent 465,000. This revenue category includes business licenses, building permits, and other code enforcement permits. We have $165,000 in intergovernmental revenues, which this revenue category includes both our federal and state grants uh that are u tagged towards our general fund operations. Next, we have $132,200 in interfundes. This revenue includes our charges to other funds such as the airport, the uh parking authority, and our tiff districts uh for their allocation of our administration costs. Next, we have $11,95,431 in charges for services. Now, this revenue category includes our inspection fees, our municipal service fees, our fire fees, fire protection fees, excuse me, and our refuge collection fees, or our garbage fees. The next revenue category we have is $290,000 in fines and forefeiters. This revenue category includes our uh fines and for forfeitures which are collected by our municipal court. The next category is 48 $414,800 in miscellaneous revenues. Now miscellaneous this is the if you want to think of it the catchall if you will. Uh

this category includes rents, reimbursements, interest income and other miscellaneous items that are not classified in any other area. And then finally, we have our uh estimated our projected prior year fund balance carryover, which is $1 million, significantly less than last year. Any questions on our overall major revenues for general fund? Okay. Expenditures. Expenditures for general fund. Now, I'm going to go through them quickly by department andor category. If you have any questions, just ask me. Uh, first we have the mayor which is $21,337. We have city council at $76,30. We have city manager at $985,860. We have finance which is 1,36,327. We have the city clerk at $251251,238. We have the municip municipal court at 241,627. City attorney at $481,500. human resources at $600,27. Our contributions uh which are $600,27. We have code enforcement at $1,120,645. We have planning and zoning at $671,988. We have elections at $42,50. We have information technology which is $888,287. City Hall which is 1,541,54,233. We have our transfers of1,500 or1,54,233. Whoa, I'm sorry. Transfers 7,424,250. I read the long wrong line. We have our communications at $345,332. We have our budgeted general fund

contingency at $250,000. I just want to slow down just for a second here. That represents 0.6% of our overall budget. So, when you hear about our municipal cap, when people start talking about that, where we're limited to 10% of our overall budget, we are at 0.6% of our overall budget. I just wanted to stress that. Next, we have our police department of 10,214,62. We have our fire department of $8,280,744. We have animal control at $40,180. We have our streets department at 3,52,861. We have our equipment maintenance department at $887,223. We have our garbage department uh which is $2,35,256. And then finally, we have our urban landscape department, which represents $258,665. With all the departments combined, we have total general fund expenditures of $41,829,8181, which is a balanced budget. Our revenues are balanced against our total expenditures. Any questions on that? Okay, I'm trying to move fast. Be brief. Next, we run into or we we step into our proposed fiscal year 27 coal severance fund. Uh for coal severance fund, not a whole lot that happens in here. We have total projected revenues of $100,000. That's how much we are projecting for our coal severance tax to be that gets allocated to us directly from the state. Um that gets sent to us. We don't reach out to them. And we have budgeted that 100% to support our ballpark. um not our boat park department to bow park uh for

their uh expenditures related to recreational infrastructure and community programming. Any questions on the coal severance fund? Excellent. Any questions overall on the first reading of the ordinance? Mayor, if I could just and thank you. Do I I certainly wanted to recognize and appreciate the hard work staff put into the budget as well as well as the the support and the direction that we received from council. If I may just reemphasize two items based on some questions that I've received lately. Uh want to make sure to restate that we do anticipate a change between the first and second reading. That's something that we see occur every year as we get our tax estimates in. So uh you will see that change occur between your first and second reading. So that is something that we as a look ahead that you can expect. Uh the other item that I want to just talk spend a little bit more time talking briefly about is related to uh the the concept of the frozen positions that are in the budget. Certainly at our last meeting we discussed some of the budget challenges that we're facing this year and one of the strategies that we were using to navigate that is through the use of frozen positions. wanted to reiterate that none of the frozen positions identified in the budget are currently staffed positions. They are all vacant positions. Um and this is not a universal across the board freeze of all positions for the city. Uh certainly we want to take the opportunity to review any position as they become vacant. Uh we look at them closely and talk about uh can that be filled? Does it need to be filled in another way or does it need to be frozen? Uh so one of the things I also [clears throat] want to make sure to call out based on some some dialogue is as we are looking for the police department specifically uh we do this is aligning our current staffing levels with with our budget as well as leaving some room for them to fill some

additional officers. So they will be able to as we uh move through the recruitment process uh to continue that process as it goes along um and as we get closer to that filled position we will have some additional dialogue but it does leave them currently some positions to fill. Questions for Director Ferguson or manager Miller? Thank you. Thank you. Uh, is there a motion on general fund and coal severance fund? Move to approve. Thank you. Second. [snorts] Thank you. Discussion. Deputy Claw. Joe Abano.

Yes. Jody Hollingser. Yes. Louise Whis Blanko. Yes. Jenny Seline. Yes. Mark DS. Yes. Deputy Mayor Butcher. Yes. Mayor Tumble. Yes. Passes 70. Move on to consideration of approval of a resolution approving the 2026 2027 budget for the city of Morgantown's capital escro fund. Director Ferguson.

Thank you, Mayor. I appreciate the opportunity to present for you the capital escrow fund budget for the fiscal year 2026 2027. Now the purpose of our capital escrow fund serves as a central financial mechanism for planning and delivering on the major capital projects of the city. Uh by setting aside resources annually, the city ensures that multi-year commitments such as facility upgrades, equipment replacement cycles, and major infrastructure initiatives can be funded without creating pressure on operating budgets and/or future tax burdens. So instead of reading this, what it really comes down to when it when you take a look at our capital escrow fund, now this really serves two purposes. Uh our capital escrow fund allows the city to be uh setting aside chunks of money every year to help fund major purchases, major capital purchases. And I'm going to use that as an example. Let's say for example, we're going to be uh the fire department needs to be purchasing a uh a new ladder truck in the next 10 years, just as an example. This allows us to fund that purchase year after year after year so that when we get to replace that uh that ladder truck, we don't have to go out and seek financing. We have already committed those funds on a yearly basis so that we can afford to do it when it's due. The other is when we talk about multi-year projects. This allows us to fund multi-year projects where we're not just talking about a single budget year, but we have planned these projects accordingly so that we know what funding is needed when over that time period. Does that make sense to everybody? Perfect. So with that again, uh this approach aligns with our projected timelines, prioritizes our investments based on our readiness and impact and provides predictable phase funding for largecale purchases. Our proposed fiscal year 2027

revenues and expenditures are as followed. Our capital escrow fund we are projecting um 7,37,18. Now these resources are derived from the following funding sources. Number one, we have $1.8 million in municipal service fee revenues which are dedicated to our police and streets capital budget. We have [snorts] $1.6 6 million in business and occupation major construction tax revenue. We have $2.7 million for the capital escrow funds allocation of the municipal sales tax. Remember they are allocated 25% per ordinance. We have $250,000 in investment earnings. That's the investment earnings that we are uh earning on our funds which are sitting [clears throat] idle as we are funding for these major purchases. And then finally, we have $745,000 in anticipated prior year carryover. That total combined revenue, we have again $7,37,18. That then goes to help fund our total capital escrow fund expenditures. I'm going to be brief and just tell you by fund or by excuse me, by department or category. First, we have our city attorney, which is $145,000. We have engineering which is $94,732. We have our agency allocations which are $528,993. We have our code enforcement at $151,000. We have planning and zoning at $30,200. We have information technology which is $149,664. We have our city hall at $36,000. We have communications at 700 or excuse me 7,500. We have our transfers for debt service which are 1,153,179. Again, these are our this is our debt service related to our capital. So

that's why it is in our capital projects fund. We have our contingency budget which is $250,000. We have our police department capital budget at $581,750. We have our fire department's capital budget at $99,000. That total combined again page. We have our streets and public works which is 1,690,000. We have our airport at 881,000. We have arts and culture and/or the Met at 59,000. We have urban landscaping at 20,000. And then we have the Hazel Ruby McQueen Park at 350. Our total combined expenditures are again $7,37,018 which fully align in our balance with our total projected annual revenues for the fund. Any questions there?

Do you have anything that you would like to add on this one? No, mayor. Thank you. Questions for Director Ferguson? Good job. It was a lot of work. Yes, ma'am. you you compliment us on our work. Our work is minimal compared to what you all do. So, appreciate appreciate it. And uh we're not asking questions at this time because we've been going over this for a while. Yes, ma'am. Thank you. Thank you. Most of it should go to our city manager and assistant city manager group. Just want to recognize that. Thank you. It did most of it. All of you. Thank you. Move to approve. Second. Thank you. discussion.

So, [clears throat] [snorts] uh, in this portion of the budget, we have allotted 240,000 for the lease of the police training center. Um, I discussed in our last meeting, um, how we're our police training budget is still ballooned. We're still paying for this. Um I I don't believe that the uh continued use of this facility is in line with any of our goals. I don't think it's meeting the object uh objectives that we've had for it. Um, so I would move to amend this current uh portion of the budget to remove uh all expenses related to the uh police training center.

I oppose that. Have you talked to the chief and them? Yeah, I mean we had a meeting with them, but um what's the alternative? The alternative there's only what 3 months left to the end of the budget. We moved back to our previous What about the other agencies? We have other agencies. We have the two federal agencies using our facility. Um we're doing a lot of city stuff. Uh we just did a CPR class. I believe we have other things going on

with our budget constraints the way that they are now and the fact that we're not approving cola races for employees. We're have hiring freezes in departments. Um I find it unconscionable that we would spend this money on this facility. Well, Brian, safety is expensive. I guess I don't think this is meeting the goals of safety. Well, training is important. I wouldn't um that's why I made made the motions. Uh but uh point of order just I I think the 240,000 um that you're referring to is in the capital improvement plan um not the capital escrow fund. Capital escrow. Correct. The 240,000 is in both places.

Both. Oh, okay. So the the capital improvement plan, if I may, is a subsection project outline for how it rolls up. I guess ultimately it would be okay. My bad.

Um yeah, and from from my perspective, I'd like to see us timebound this decision, this review. Um you know, we endeavored started down a path for due diligence and I'd like to see that due diligence continue. I'd like to know what the alternatives are um that that we have to weigh in terms of certainly our police need to be trained. Um we made a commitment to them. The previous council

made a commitment to them with this training center and I think we need to honor it and you know taking away this I I feel like it's going to be a morale issue as well. you know, um, we made a commitment to the our police department and we need to honor it. Sure. Sure. But we also have to be good stewards of our taxpayer dollars to and and and to Brian's point, we have to

we've got roads to maintain. We've got uh a city ser just a broad set of city services that need to be that need to be that need to be up to the level that um that we expect that our citizens deserve and um I personally right now don't feel like that this is this is these these are good this is this money is being spent in the best way. I don't feel like the I reserve the right to have my my my mind changed, but I don't feel like um this has a good return on investment. I feel like there are other ways that that our police can be trained. I feel like there are other way other ways that we can invest in our police department that would that that would give us a better return and a and a boost of morale. Uh so I'd like to ask the city manager to commit to to commit to a timeline to complete due diligence and report back to council. Let's continue the discussion. I I mean, we've got four months until the beginning of the fiscal year,

right? I'd like to see this uh stay in place at this time because uh not be taken out of the budget because we do not have an alternative plan. We do not have um we have not spoken to uh we have spoken to the police chief about how um how it's being used now and how it how it might the use might be increased but we have not talked about alternatives. We have not um spoken to the other agencies that are using the facility. We're exactly

um we have not spoken to the person we hold a lease with. It just seems that uh this is not the moment to pull something like this. This is the moment to um do our due diligence. Um see what else might come of right now. They were talking about all the different ways that it could have an increase potentially in use. So I I understand seems just premature and odd to we've we've when we approved this Yeah. [clears throat]

Um what we were told was that we would see a return on investment um and that that the facility would pay for itself and that was promise that we were given at the time and um it hasn't obviously um and you know so we've given it a lot of due diligence because it's been in effect for years. Um, I voted against it at the time. Um, and you know, it the funding that we have in place for it is is in place and I would I would like to see it not continue. I think it's, you know, foolhardy for us to keep I I think we often do this on this council is that we keep investing in things because it's what um we've always done um and and what we've done for years and um I think it's it's just foolish for us to I in the face of this budget in this particular budget that we are seeing right now I don't feel comfortable with all the other constraints that we have saying, "Yeah, we'll keep, you know, paying quarter a million dollars and more uh for a facility that we have ample evidence that has not met the performance metrics that we were told it would meet when we [clears throat] when it was passed, when the ordinance was passed." I understand that other people might feel differently, give it some time, whatever. Um, but my personal feeling is obviously uh different than that. So,

I I want to add um I unfortunately I I would love to see this pulled. However, I don't I don't think now is the time. I would also ask um for a time stamp um as councelor DS did. However, uh my time stamp would be with the ask that we begin a plan

to pull out um to take this out of the budget and provide um an alternative for training. Um my time stamp is not to give the training center a chance to fulfill its promises to us. I'm not interested in that. They have not. They are not. Um, and I'm no longer interested in funding that. Um, I [clears throat and snorts] would like to begin the conversation about a plan for alternative. How do we um how do we communicate with the agencies who are utilizing the facility? Where will the police train? Where do I want to answer those questions? I don't want I am not personally asking how can we make the police training facility work. Um, I'm asking, what do we need to do in order to not be spending $240,000 um on the police training facility? Um, I agree it's it's wild that we're spending this amount of money um on this facility that I understand we made a commitment to uh but they made a commitment to us as well and they're not fulfilling it. Um, I I um I we need to make a plan and I I would like to see um I would like to see those conversations roll out in the next 2 to 3 months. I don't think there's anything that's been said that I've disagreed with. Um along with Brian, I find this an incredibly frustrating situation to be in right now. Um I with you voted against this at the time. I raised a lot of questions. We had a lot of discussion. I

did not see how the promises that were made to us at the time were ever going to be fulfilled. And here we are more than 3 years into it and the numbers that we were recently quoted um and we say we're talking about 240,000. We know it's more like 360,000 a year with staffing and supplies um measured in and to say that you know it's it's brought us back you know $12,000 a year or maybe saved us $10,000 a year in train or maybe $10,000 total in training. um it is certainly not meeting the promises that were made to us. However, I also agree with councelor Michael that um this was a commitment that was made um however foolishly at the time I in my personal opinion um but simply just shutting it off without an exit strategy. So I I am with uh Jod and Mark here too. I think that now is the time. We've had one conversation with the police chief. Um, I have certainly not talked to any of the the force themselves, any of the officers. I have been intending to go back and watch those meetings from 2022 when we were discussing this to see exactly what those prom making sure that my memory is correct in what what we were told and promised at the time. But I mean, 3 years in, if we are still so far underwater on this day and $500 $500,000 that we paid upfront that we will never get back, let alone the third of a million dollars every year that we've been putting into it. Um, I I agree with

councelor Hauling's head that I think now's the time to start looking for an exit strategy, but that's going to involve a lot of planning. I don't think it's going to happen by July 1st. We need to make sure that we are doing this thoughtfully and carefully and making sure that um we're not in breach of any contract that we are not um going against anything that we have promised our officers making sure that they have alternatives and a plan for that making sure that we are not voiding any membership agreements that we have signed with other agencies or other user groups. So, um, pulling it out of this budget right now, I would be a no on that, but, um, certainly open to a budget amendment a couple of months down the road.

I go ahead, Jenny or Jenny.

I would say um, so at the time I voted for it. When I voted for it, I thought it was very expensive. I agree with that. Um I think that uh our police department and the partners that they have pulled in have been doing a good job of utilizing the facility. I think that as a city we have also utilized the facility. I don't think it has been fully utilized. I don't think that the money generated from partners also um uh paying in something to use the facility. I I don't think that that has fulfilled um the promises or the discussion at the time, but I do feel as though it has been a success in that we have had some good trainings there. We've had some good partnerships made. Um I think it's a um a useful facility. I think it's just too expensive. So uh if we are in a time of transition then we are and um and we should consider doing that but not without a really good plan and I would say that might take six months to a year to figure out how to unravel this. So that's um I think two months is too little. um maybe you can make a plan in that time, but uh I think we should be careful and strategic so that we can continue um the progress that's being made toward having a good training program.

One person's point of view. Mhm. I I see us next year doing this again. Yeah. Yeah. [snorts] We do not have to do this again next Well, I I I see all I say is that like we we've been in these positions before where we've [cough] had those like and we kick the can and then we say next year, well, we'll get that plan together and four months is plenty of time. Four months is plenty of time to get this plan together. If we can't if we if if we can't

if we can't get a plan together in four months, then I'm I'm a no. I'm I'm a no on this. Uh because I I think that's just absolute to Brian's point, enough money has been wasted on on on this police train, this endeavor and um and enough's enough. We've got to draw the line somewhere. Four months for a plan. I just think we need an exit strategy that's appropriate to the I I totally I totally agree, but I think four months is enough time to do that. And I think I think we need to I I I think we need to we we need to set a timetable and and live up to it.

Four months for the development of a plan with a start date to enact the plan is what I would like to see. I want to get really specific about the timelines for this and and for the discussion, the expectations. Yeah.

Yeah. And I don't think that the intention, as far as the police department goes, I don't think that the intention ever was for it to be a self- sustaining facility. I think that there was intention to have partners and have a stronger um money coming in. But I think that um there has been a significant amount of effort made here. And I think we should recognize that while we're working toward our budget issues. Again, certainly I don't have a second. So,

I was like, we had a motion and a second to approve the capital escrow fund. There was no second on the motion to amend. So, it fails for lack of a second. At this point,

there was no second on the motion to amend. Is there further discussion on approval of the motions to approve the capital escro fund? I I had uh I know I had brought up to uh city manager in our budget meetings and we had talked about um some of the outside agencies and I had to take some notes here and when we met with uh Catholic Charities a couple years ago um in the original funding request they had uh talked to us about they'd be self-sufficient in 3 years and I was just curious um you know do we have an update on that um you know as well as maybe get some updated stats on uh or who's help like are we the only people helping fund this? Are they applying for grants maybe with the first foundation? um you know or other cities or counties chipping in as well cuz you know this is a very important we have to have this shelter it's important but I'm not sure we could continue to be the only ones funding it so we need help and that was my question are they sending us any kind of um re you know requests showing us any requests for uh applying for grants or any other cities or counties helping them.

This I will say this is the third year of funding and we knew that it was a three-year commitment. I know that um city manager Miller has had conversations with them on their budget recently. Did any of that come up? Those items are uh items for discussion. This budget it does contain previous years the uh obligation was 125,000. it is reduced in this proposed budget down to $100,000 and then we certainly can um ask them to provide some additional material and bring a presentation forward to say similar items. How many grants have they secured? Right. Uh who are they serving? What does that look like? We we can get some additional information on that.

Yeah, I feel like the first foundation [clears throat] is a really good place for them to get some funding. Um, and do we have any updates also any updates on statistics of um, how things are going with um, placements and and jobs? We can request some updated statistics. Appreciate that. Thank you. I can certainly invite Mark Phillips or Mindy Thorne, the new shelter director, to come and give a presentation at a future meeting.

Yeah, that would be great. And anecdotally um councelor Haulings and I met recently with the coalition and um you know without without specific statistics I think there they've seen some very very good outcomes in terms of public health um as a result of the West Run shelter. Um to your point on funding, um I have ideas absolutely about um pursuing other funding. I think your suggestion of the first foundation is a great one. [clears throat] Um met with uh Commissioner Arnett recently. Um and I know the coalition at least has applied for additional county funding. Um and uh we certainly talked about broadening that lens and and looking more regionally towards towards funding partners about at funding partners. So uh I I think your I think your commentary is spot on there. We

Yeah. I just you know I was wondering if any other cuz I know other people stay from other cities bring in people that need need shelter which is you know good. um uh to shelter people, but are they contributing anything to helping us? And I don't feel like they are. Yeah. And that's why I wanted to know the percentage of where all where are people coming from? And so yeah. Yeah. And um and to that point, the I mean the the coalition and homelessness, their curriculum curriculum of care that they operate continuum continuum. Thank you. There's a lot of bargain in that

uh that they operate as balance of state. So it is a regional um continuum of care that that we are that we reside in. So to that end, we should be working kind of regionally. Well, in recently a lot of the federal funding, the grants that have been available had been geared more towards permanent supportive housing, things like that, like the housing vouchers thing. But the new guidance that's coming out is it's moving back towards emergency shelter. Is that that's correct?

That was what I was going to bring up, Whis, is that um I don't know what their HUD funding status is. Um, that's a good question to ask them. Um, that's that should be where the lion share of their funding should come from, but given the way HUD's been restructured, it's like hard to know. Um, but as Danielle said, they they cut a lot of the permanent supportive housing funding and reallocated it more towards um temporary shelter, which these these kind of shelters, but they also cut 33 billion from their budget in general. So the funding is probably limited. So like places like those small smaller foundations like the West Virginia First Foundation, stuff like that is where they should be looking for funding. Obviously, we can't apply for grants for them, but um yeah, it is it is it would be good to know what uh they need in terms of commitments going forward

as they enter this year of what they told us would be our upfront commitment. Exactly. It would be good to hear from them what they've been doing to try to get additional monies and things.

I think we should also keep in mind kind of the benchmark that um in general, especially with the emergency shelter, we have um pretty much matched in the past, we have a history of matching county dollars, or rather it's often been the county has agreed to match our dollars. So, we might allocate more money at the beginning than the county might allocate, but then the county has often reallocated more money to um to split the cost. And I think if we operated a little bit more on that basis, we might be able to encourage a little bit more money out of the county to where it's a little bit more appropriate for our area to um share the share the load. So, but that will take some some work back and forth to um uh see that done. Thank you. Further discussion on capital escrow fund. Deputy quick.

Joel. Yes. Jody Hollings head. Yes. Luise Michael. Yes. Jenny Seline. Yes. Markdowns. Yes. Deputy Mayor Butcher. No. Mayor Turbo. Yes. Passes 61. Um, next item. Consideration of approval of a resolution approving the 2027 to 2031 capital improvement plan. Director Ferguson, you're still here.

Yes, ma'am. Thank you. Thank you, Mayor, City Council. I have the privilege of presenting to you the city of Morgantown's 5-year capital improvement plan. This plan reflects a balanced and forwardlooking strategy to invest in the city's infrastructure, facilities, and essential public services. It's designed to support the growing community, maintain fiscal responsibility, and position Morgantown for long-term success. Now the po the purpose of the capital escro fund in the five-year plan is so that the city's is work together as a city's financial framework for planning financing and executing our major capital projects. Now again I'm just reiterating the purpose of this and also our capital escrow fund is number one is that we are escrowing funds for major projects and then we are also escrowing funds for our planned multi-year projects. So not only are those major capital projects where we are funding small chunks year after year but also it's for our funding and planning of our multi-year capital projects. Uh with that, our key objectives in our five-year capital investment plan include number one, our infrastructure enhancements. Those are our major commitments include our streets rightways and sidewalk improvements. It includes our ongoing upgrades to the city garage, our significant renovations to the city hall, the design and construction phases for Chestnut Street, streetscapes, and other corridor improvements. It also includes our economic development which include our investments in the Morgantown Municipal Airport, not only our equipment but also facility improvements and also our large runway extension project. It includes the demolition of unsafe and blighted structures and it also includes other streetscape and place marking initiatives to enhance commercial districts. And finally, we have our

community services. uh those expenditures are investments uh which include our fire station number one replacement and fire apparatus replacement cycles. Uh it includes our police department's fleet equipment and training center. Uh it includes the bow parks pavilion improvements and it also includes other parks, arts and public space improvements across our entire community. Overall, these investments strengthen our safety accessibility and the quality of life for our residents. Now, when it comes to our financial overview, our total planned capital investments over a five-year period are $58.5 million. This reflects a significant and sustainable commitment to public infrastructure and community services. Our funding and sources include the general fund contributions uh which is the capital portion of our municipal service fees. uh other revenue such as the municipal sales and use tax. This would be the capital escros funds allocation 25% allocation of the municipal overall municipal sales and use tax. We have our business and occupation tax for our major construction projects. And then finally we have and I'm going to emphasize this the potential not guaranteed but the potential long-term debt financing. uh city administration will be evaluating the potent the potential issuance of a new multi-year or excuse me a new multifacility bond uh to support the priority [snorts] capital projects. It's important to note and I have it highlighted. Uh [clears throat] it's important to note that this is this this option is in the early stages of exploration and will require additional analysis, due diligence, and planning before anything is brought to council with any sort of consideration when it comes to additional long-term financing. Does that make sense to everybody? Okay. It's not guaranteed. We are in the

very early stages of exploring this option. Now, the com the combination of these sources strengthens the city's ability to advance major projects while also maintaining a disciplined and balanced financial posture. Now, when it comes to our economic development, uh this includes our investments in the Morgantown Municipal Airport. Actually, I've already read that. My apologies. I'm so used to having things printed off on one side. Uh in conclusion, in conclusion, our 5-year capital investment plan takes a phased and strategic approach uh that aligns with project readiness, community impact and our revenue availability. It provides a clear financial blueprint to guide infrastructure investments while supporting the city's long-term fiscal sustainability. Any questions I can answer? So, mayor, if I if I may summarize and thank you, John, uh the the prior item that you all just considered and heard and adopted is the resolution that outlines the next upcoming years, the the revenues and the expenses. This plan here provides a a future outlook as well. And so, it dives a little bit deeper into what projects made up each of those department expenses as well as say says what what's coming next for the next couple of years. And so that is what's before you to consider tonight. Certainly uh we bring this plan to you each year and and it is a working document and there's no necessarily we we use this as a a guidance for us but uh the commitment really is for the first year in the funding and uh you may see changes as we get to year two and year three. Each year we we revisit this plan as well.

Questions for director Ferguson or manager mil? May I would just once again state my [snorts] objection to the police training center being in this portion of the budget as well, but we've already litigated that. Is there a motion? Move to approve. Second. Thank you. Discussion. Deputy clerk. Joeham. Yes. Jody Hollington. Yes. Louise Michael. Yes. Jenny S. Yes. Mark DS. Yes. W. Mayor Busher, no. Mayor Trumble,

yes. Passes 61. Next item, consideration of approval of a first reading of an ordinance creating the East End Village TIF District. And I'll need to excuse myself uh due to ongoing litigation. Will you be excusing yourself for items D and E? All right. We will We will gather you for item F.

Thank you, Mayor Council. This ordinance would establish a new TIF district for the city, the East End Village TIF District uh as proposed by the applicant, the Monoi County Development Authority. This proposal was uh previously before a a public hearing before council on November 4th. Um after which city council submitted its application to the West Virginia Department of Economic Development to create the district. Um based on the process established by the TIFF Act, the department has to approve that application before a city can create a new TIF district. That approval has now been received. And so the the city council has the option to establish [snorts] this district by ordinance. [clears throat] Uh as previously discussed this uh the district footprint centers on um about 9 and a half acres of property that the development authority has assembled. It in total includes uh 73 contiguous acres. Some portion of that footprint is within the existing spruce Willie Brockway tiff district previously established by the city in 2014. So that district will need to be terminated before this district can be created. That's your next item of business on the council agenda. Uh what this ordinance would do is establish the new district effective July 1. Uh that gives the city time to wind down the existing district, spend down the funds or return those funds to the lev levying bodies and also uh coordinates the establishment date of the new district with the beginning of tax year which will be easier for some accounting purposes. Um, creating the district does not obligate the city to issue any debt. Um, and it does not establish any development agreement or confer rights on the development authority as a developer. Each of those would need to

be approved by a separate action of council. And commonly when bonds are issued in a district, that is the time when a development agreement, if one is pursued, is also presented to city council. So those are uh those are not before council tonight. The the city and the development authority do continue to work on those and to work on uh priority items for city council on uh on what should go into those development agreements. But uh the the city undertakes no obligation to do those things tonight. you would just be creating the district and as of the creation date the um the increment would be generated. Any money generated could be spent for any purpose in the project plan unless it is in the future obligated by some uh bond financing or other development. Um we have with us tonight Carrie Cecil of FBT given bond council for the project who could discuss any questions council might have. Uh but beyond those we ask the council move to approve this uh ordinance and uh move it to second read.

Are there any questions for attorney Simon or Miss Cecil? And we're in no way committing, obligating, or promising funds to anyone. The city will maintain control of everything until additional action would be taken by this body. That's correct.

I I think there it's valuable to restate and certainly attorney Simon did, but there is value that this is an issuing debt. Similar to the when we've discussed this in the before the previous meetings, there's many steps that go along with this entire process and there's many opportunities that it will come back to council. And to just restate this, this does not issue any debt. This does not obligate this. we will have an opportunity to continue to discuss some of the items that have been brought forward as far as community benefit desires and items that we'd like to see in those projects. And so, uh, that is not what this ordinance does tonight is commit us to any of those items. It also is a next step

toward having development in an area that we would like to see development in. That is correct. So we may want to um help guide that development process but also this expresses our interest in having development in this area and providing the mechanism for funding. Correct. Is there a motion? Move to approve. Second.

Thank you. Discussion. Yeah, as councelor Sully just said, this is a I mean, this is an important tool for us uh to to make available for development to proceed in this area for the to to to for us to see success in the investment that we've made thus far. um to give the development uh authority um you know the the the confidence uh to display to prospective investors that um that we are behind this. So uh I'm happy to see it move forward. What I would ask is that uh we um that we formally undertake the business of codifying a community benefit agreement that we work with the neighborhoods and um the the neighborhood um specifically up in Woodburn to to to to collect their input. Um, and I think they've certainly the development authorities done a good job of of outreach, but um, this is a long drawn out process and I think it's important to to to you know stay engaged and and the community benefit agreement is is an important tool in um, accountability and making sure that we we [cough] deliver we we deliver and um, [clears throat] and and uh, on on what the community wants quite frankly. So, um I'd like to see that formalized if we can we can uh see to that please.

Yeah, I agree. We we've asked for some items from the development authority and [snorts] I've yet to see any of those. Um, in my mind, this is a real leap of faith, and I'm not sure someone's going to catch me, but here we are. Um, so I would certainly like to stay on them and make sure that those things are in place and developed before we even consider obligating, committing or promising any funds to any entity. further discussion.

I'm still going to reiterate that we'd like to see the area [laughter] developed. Just to keep to see something in mind, however we shape the landscape, great. But I think it's been a long time coming and I appreciate everyone's work and I appreciate everyone's [snorts] consideration and making sure that things are correct for the neighborhood and and the area. and we really would like to see this developed and developed well um and look forward to it. Joe, yes. Jody Hollings, yes. Louise Whis Michael, yes. Jenny Seline, yes. Mark DS, yes.

Mayor Treble, yes. Passes 601 with Deputy Mayor Butcher abstaining. Um, next item, consideration of approval of first reading of an ordinance terminating the Spruce Lily Brockway tip district.

Thank you, mayor. This is the companion ordinance that would terminate the existing district, which is necessary to accomplish establishment of the new district we just discussed. The uh termination date would be effective June 30, the day before the new district is established. Uh as of that date, all of the uh increment funds in that existing district will need to be either expended on projects permitted by the project plan [snorts] or returned to uh the [clears throat] various levying bodies who otherwise would have received those tax revenues. And the city is currently working on a plan for expenditure of the existing increment funds to further purposes of of that district's project plan. There was never any debt issued for this district. So, uh there's no other prerequisites to termination and would ask that uh council approve this ordinance in uh in parallel with the other ordinance creating the new district.

Questions for attorney Simon. Move to approve. [laughter] Second. Thank you. discussion. I guess I, you know, I just want to make [snorts and clears throat] sure that we're on a path to take advantage of those increment funds that are available uh to us to, you know, enhance enhance the neighborhood, enhance the public realm. and um you know I think that it's a it's a show certainly a show of good faith to to to the community.

I've certainly been pushing hard on behalf of Woodburn. Are there any updates on projects on which we would be expending those funds?

The primary project that we're focused on right now is related to the the Richwood wallet and staff has been meeting with vendors that would be um appropriate for use in that. So that it is already in process as we're moving along on the expenditure of the funds. Uh once we have those quotes back and time frames for that, uh we will continue to analyze additional projects that if there is additional funds may be appropriate for coverage. Uh we certainly have some list of projects related to slips or sidewalks or other items. There there's a number of items in that area that we believe would be of benefit that we will move along to make sure those funds are spent.

Can you describe the location of the primary project or can you ask our attorney or another staff member to describe with particularity where this is so that people in the audience can know this?

Councelor Selene, I'd love to. Um, so as you are leaving downtown and driving up Richwood after you go through the loop, um, and uh, Whitmore Park is kind of over the hill on your right and you just past the Richwood Grill, there is um, a series of old uh, kind of trolley car garages uh, that have had um, they essentially had a a wall put up in front of them, an old cinder block wall um, that were just really kind of filling in that void and they had old I'm going to call them wooden roofs on them at on point. Um but it would be addressing that is the primary location that we are looking to address and uh as soon as we kind of finalize a vendor and how we think that we are going to um do the design we will be reaching out to those adjacent property owners to work with them.

Thank you. And that hopefully that helps kind of direct you to which wall along. I would [laughter] I may need to just get an address and get a point on a map and go drive it. It's right past the welcome to Woodburn sign on Richwood on the right or the left if you're going the uphill side. Hill side. So it'll be on your left. Interesting. Okay. I only had to pick up cinder blocks off the sidewalk, put them in my trunk, and bring them to city hall one time before. Um, well, I've helped put campaign signs up all along there, [laughter] so there we go. Thank you.

Any further discussion on terminating the Spruce Willie Brockway Tech District? Deputy Clerk Joan Banana. Yes. Jody Hollings. Yes. Louise [snorts] Michael. Yes. Jenny Seline, yes. Mark DS, yes. Mayor Treble, yes. Passes 601. Would you grab Deputy Mayor Butcher?

[clears throat] We will move into the last item. Consideration of approval of a first reading of an ordinance providing for transfer of certain real estate adjacent to Greenback Road to West Virginia Department of Transportation Division of Highways.

Thank you, Mayor. This ordinance would authorize the sale of city property to the West Virginia Department of Transportation Division of Highways. uh as described, these uh these properties being acquired are a portion of a larger parcel that uh comprises parts of White Park and parts of the city garage property. Um and they are uh they're being acquired by DOH for the Greenbag Road improvement project. Um mainly to widen the roadway. This will take a substantial portion of the open area of the city garage property currently used for storing millings and uh and other items. Um it will it will take only uh unimproved portions of white parks. So no no significant impacts to recreational amenities at the park are anticipated. Um the uh the city has accepted or will accept if council approves the the fair value estimate provided by the DO with uh an increase provided to account for inflation since the time the offer was made. the um the the city worked with the um the holder of a security interest on the property that was issued in connection with the city's 2022 multiple facilities bonds to get that security interest released [clears throat] so we can make this transferred to DO's a road improvement project by do they have uh they have been willing to negotiate with us to acquire the property uh by grant of the city but if the the property is not acquired voluntarily, they would institute eminent domain proceedings to acquire that as well. Um, so recommend that council uh approve the ordinance tonight, but I'm happy to answer any questions as well.

Questions for attorney Simon? [clears throat] Is there a motion? Move to approve. Second.

Discussion. I think we probably all have our own personal feelings about the project, but as attorney Simon said, we either agree or they're going to take it. They're they're going to get this property one way or the other. When you look at the amount of money that they are paying um and you look at our needs in that area, um is it Uh, is the amount of money um enough to purchase a similar amount of property in the area?

Council, I mean, I think that's a difficult analysis. I think possible, but I I just the you the offer was evaluated by the the city engineering director of public works, particularly with respect to the impacts on the garage and determined to be a fair offer for the property taken.

At this time, due to some of the budget constraints and limitations, I I would not recommend that we uh directly allocate these funds to a specific identified project. There are there is a project related to the next phase of the garage remediation and paving that uh we did not fund in this upcoming budget year with with the acknowledgement that we understood some of this money may be coming in and could help cover that. Uh but any additional funds I I would recommend that it goes to a contingency while we continue to uh analyze our our future needs. And I do remember you saying that I and I agree with that. I just want to make sure that um that when we really think about it that it's a fair evaluation. So I appreciate that analysis. Thank you.

Joano. Yes. Jody Hollings. Yes. Louise Whis Michael. Louise Louise Michael. Yes. Sorry. Jenny Seline. Yes. Mark DS. Yes. Deputy Mayor Butcher. Yes. Mayor Trumble. Yes. Passes 70. City Manager's report.

Yes. Thank you, Mayor. Just a couple of items tonight. Uh, one of the things as we head towards the end of winter and the beginning of the spring that we always look forward to is the opening of the asphalt plants. We we do not have a date right now for when they are open, but wanted to briefly talk a little bit about uh once that plant does open, we will have crews out addressing potholes. I think it's also important to note when we receive and and we often do receive a number of complaints or concerns related to potholes that are on streets that are not maintained by the city are maintained by the state. Uh we do ensure to pass those along to the DO so that we're continuing to communicate and advocate on behalf of our residents for some of those concerns as well. Uh and we will continue to have that dialogue with the DO anytime we hear those complaints. Uh so certainly we recognize if if residents we are that the closest thing for them to communicate those concerns uh we won't let them stop at at our desk. We will continue to pass them along to the appropriate agency. Um looking forward to Thursday. We do have the state West Virginia Main Street program as a whole coming in and talking with our Main Street program. So looking forward to engaging in some dialogue with the state program and making sure our main street program is as strong as possible. Uh just as a brief reminder, our council meeting schedules are are slightly offkilter uh this month based on the NLC visit. Uh so our next meeting will be 3:24 followed by a meeting on 3:31. So we are a little bit off cycle just for for everybody's purposes there. And then um do look forward to discussions related to the airport and our March 26 visit to um discuss the legislation. That completes my report tonight. Thank you. Report from clerk. Uh the fire written entry level testing took place

on February 26th at 6 p.m. at the um police uh training center. Uh 16 of 17 uh candidates who passed the agility exam attended the written exam. Nine passed. Um, there will be a fire lieutenant promotional [snorts] exam on March 13th at the public safety training center at 6 p.m. Uh, we have police entry level testing candidate uh, testing coming up on April 24th. And, uh, that's it. Thank you, city.

Thank you, mayor. Um, I will provide council some optional amendments to the ordinance on uh, nonconformities and revival of abandoned uses so that you can consider those ahead of your next meeting. and uh and look at options to involve the BCA in that process. Um uh also we'll provide some planned updates to the council meeting procedures which uh should integrate your discussion on moving to a a work session and public input session to uh to consider talks. And that is all I have. Thank you. Councelor Abug,

I uh drove by White Park and because the weather was finally nice, I saw people utilizing the bridge cuz after it was finished, it got really cold. So, it was nice to see everybody out and uh hiking over the weekend. Um, additionally, we do have our neighborhood meeting coming up. I thought I would have enough time to find the exact date. I did not. So, um, I will definitely have that before our next meeting. And that will conclude my report this evening. Thank you, Council Michael. [clears throat]

I didn't have a whole lot to talk about today, but I did did want to reiterate my support for the MAR for opposing the MARL project. And I know this is more of a county thing, but if it's okay with council, I'll like to send another email or a letter to them. Just letting know that we support them their decision to oppose it as well on the moral project. That's all I have for them. I was Thank you. [clears throat]

Thank you, mayor. I am looking forward to attending the sign code event tomorrow. Um, last week I attended a fundraiser for um, the organization that is campaigning to get the school excess levy passed. Um, I just want to thank the community members who are rallying around that cause. It was a great event. And if you'd like to get involved, write some postcards. Um, it doesn't take long to throw 20 postcards in the mailbox. Um, you can follow them on social media. It's the community for Mon County schools and you can get more information there. Um, Councelor DS and I uh participated in the PIT count last week. It was my first time. If you don't know, the PIT count is a point in time count uh where volunteers go out into the community and try to get some real numbers on uh people experiencing homelessness in order to uh receive funding for resources to help those folks out. Um Mayor Trumbull and I attended um a visioning session with the Mon County Health Department that I found to be really interesting and productive. Um it was a great group of people from all arms of the community coming together to um try and figure out what it is the health department um could really focus on in the future in addition to all the wonderful things they're already offering. So I was privileged to be a part of that. Um I wanted to thank Mr. Antonyini and his neighbors for coming and um advocating for your neighborhood. That's exactly what this forum is for. And I appreciate you all coming to to advocate for your neighbors. And I know when Councelor D says and Mayor Trumbull say they'll follow up. They will. Um so thank you for coming. Um Mr. Shamburgger as well, thank you for your insight and

your wisdom. Um I am headed down to Charleston on Friday uh to speak at the cap for reproductive rights resistance day. Um it's a privilege that I got asked to do that as a council member and um I'm actually just really looking forward to speaking out for that. Um and then one fun thing uh this Saturday at 123 Pleasant Street is the um International Women's Day concert. It's going to be all female performers up on the stage that night, which is a wonderful thing to see. So if you are looking for something to do this weekend, there it is. 8:00 p.m. Saturday. Thank you.

Um, tonight I'm going to channel um, Councelor Barry Wendell who um, used to be on our city council. And you're going to say, "It's late. I'm leaving." No, I'm not going to say that. I could say that he he every so often would um have a little chat about the federal government. And usually I like to stay away from that because it's difficult and we don't have any control over it. But I would just like to say as uh one person in the city of Morgantown that um the federal government and the things that have happened with the federal government lately um that have to do with following the rules, following the constitution, behaving professionally. Um, as a non-partisan member of the a public body, um, I would like the federal government to stay within the rules. I'd like the federal government to follow the rules. I would like the federal government to behave professionally. Our children are watching. Other countries are watching. And uh some of the things that we see uh that are uneven and confusing and illegal and problematic um are really uh wearing on public bodies like this that work hard to stay within the rules and behave professionally and um debate with each other even when we don't agree. And so I'm just making making my statement because it is uh frustrating and gives government a bad name. So thank you.

Uh let's see. Uh Greenmont Neighborhood Association may met on the 23rd. Uh primarily we talked about our uh neighborhood Morgantown Mosaic application and um and uh formation of a a zoning overlay subcommittee which would look at um authorizing some business use in Greenmont. There already is a lot of business use in Greenmont, but it is conditionally approved. So, um, as I say, this would, uh, bring Maline Marie out of the out of the shadows [laughter] and allow them to operate, uh, full in full compliance with zoning. Um, uh, South Hills meets on the 18th of March. Uh, look forward to that. Uh I know a lot of invitations went out to uh to staff. So appreciate staff uh coming to meet with South Hills. Um so some highlights of that agenda are the again their Morgantown Mosaic application. You know you hear a theme. Um uh please please remind your neighborhoods to get their Morgantown Mosaic applications in. Um,

did that

Karen Lane uh is uh is a is a is a particular road in South Hills that has been deteriorating over [snorts] about 20 years since it was annexed into the city. It um let's say wasn't uh wasn't built with uh what we would consider the standards of engineering for today. [laughter] Uh and but nevertheless, it is a city road and it's been in deterioration for a long long time and uh those neighbors uh of ours up there are quite frustrated and and dealing with um a lot of problems because of it. Um, I appreciate city manager Miller and um and uh uh Director Davis for uh accompanying me to meet with those residents up there. Um we uh are looking for supplemental grant funding. It's quite expensive to fix that road uh with I think 16 houses on it. Um 17 seven houses, sorry. Uh so um so anyway um uh that is going to be on the agenda for for South Hills as well as their spring potluck. Um uh look forward to the work session coming up um uh for attorney Simon. I I do have some thoughts I'll pass along on on kind of that that that structure and framework for the work session. Um and uh and with a specific focus on fiscal stability, I think, right? So, um look

forward to that. Uh quite timely. Uh MUB MUB held a uh a recognition celebration for for Barbara Parsons. Um and I just wanted to publicly thank Barbara for her uh long-standing dedication to service to our community. Um, she I think served for 17 years and in in in different in in in two different terms on the on with the Morgantown Utility Board. Uh, also Morgantown Utility Board related, the long-term control plan. Uh, we we got an update from from MUB on that. Uh, uh, passed along those comments. M respon resp responded. Um [snorts] that dialogue uh is continuing. Um, and just for the community, uh, the long-term control plan is, uh, is a MUB document where we are federally required because we have a combined sewage overflow system to to, um, to regulate and manage the amount of bacteria that gets into our water system from from from sewage overflow. [snorts] And um, and our infrastructure is about 100 years old. Uh so we have some tough decisions coming up. Um the Morgantown Parking Authority meets on the 11th. Uh I wanted to welcome back uh Director McKenzie. Uh he uh had been out on an extended uh medical leave of absence. Um and [clears throat] then finally um just I want to make a statement on the budget. It's certainly been a tough budget year, but uh I want to acknowledge that um I I do think great things are are happening in Morgantown.

We're on a we're on a we're on a great trajectory. Um I think we're setting ourselves up for for growth. uh and and not rushing into new commitments, but going in uh with eyes wide open and and and focusing on building partnerships and and strengthening our capacity. I think and and that I think is really meaningful when we um we look at opportunities to to partner with the state um the county WDU mob and our neighboring municipalities um because we're just frankly better together. We're stronger together. Um and I'm hopeful for the future because of that teamwork. Uh, at the end of the day, we're we're when we're all rowing [snorts] in the same de direction, we're going to get further faster. That's it. Thanks.

Thank you.

All right. Um, and want to belabor the point too much, but um, yeah, I I think, you know, I think it's unfortunate that we carry um, kind of the burden of this police training center forward. Um, I I understand people's concerns, but if we're trying to prioritize budgets, there's agency requests that we didn't make in this capital escrow budget. We didn't take on any new agencies this year uh for funding that from some agencies that really need it and we're spending well over a quarter million dollars on a facility that we know is is not meeting its intended use. So, I just want to again highlight that. Um, and yeah, I can't in good conscience vote for a budget that has, you know, something that we know we is just not meeting its intended use. Um there's a bill in the legislature on uh committee and senate committee of government org tomorrow morning um that is uh directly related to us. It's municipal ID bill that stops um us from using the municipal ID in voting. Uh which was never the intended use of our municipal ID. was much more broad and lot more things we wanted to do with it. Uh I don't think frankly any of us really cared if people used it for voting or not. Um so uh I've personally sent an email to the members of that committee and urged its passing so we don't run a foul of any kind of state laws. Uh it's fine with me and um so I encourage other members of council to do to do the same so [snorts] that we don't have any issues with our municipal ID

program. Um, and the last thing I wanted to mention was just that uh get your Morgan Town Mosaic applications in as as Mark said and that'll conclude our report.

Thank you. Um, Whis isn't here, but when we passed [snorts] our moral resolution, I did as requested send that to the state. Um, I sent it to the governor and to the PSC. I would be happy on behalf of council to have a copy of that resolution in the letter sent to the county commission also stating here's what we did and were supportive of your efforts if if that is what folks would like um to be done. I can I can [clears throat] work with the clerk's office to make sure that that happens. um to the folks who came to speak about their neighborhood around Merilla Park. Certainly um happy to work with councelor DS on that. And uh Mr. Kantis's director was behind you as you were speaking and I saw him frantically making notes. So, um, Mark and I can certainly get in touch with Ricky, Director Joerger, um, this week and, uh, see if there's any of those items that we can we can make a little movement on for you. Um, I know how incredibly frustrating it is. We've dealt with a few problematic properties in Woodburn as well. Um, [sighs] I want to talk about [laughter] just mark things off as we go. Um, that one too. We attended empty bowls over the weekend, my family and I. I saw at least counselor Hauling's head and a few of our state elected officials there. Um, that's always one of our favorite events of the year and happy to support the the cause of addressing food insecurity in our community. I'm not sure if I've ever mentioned it during a council meeting. Forgive me if I have, but I had several months ago joined the mayor's alliance to childhood hunger. Um

certainly something that I work on with my NLC [snorts] committee as well. Um early childhood nutrition is one of the charges of that committee, but they have encouraged us. I will be going with our communications department to Eastwood Elementary tomorrow. Um it is National School Breakfast Week. So, uh Deputy Clerk Loer has helped prepare a proclamation that will be in our packet next time. Um we are going to go and present the proclamation and have school breakfast with some students as that's an important part of their academic day. So, I look forward to that. I'm told I'll be able to um sit in the cafeteria with some kindergarteners. Last week um our communications department and I visited um Trinity Christian School. I received an invitation from a second grade class that um had interest in government. They have had some judges come in and different um elected folks. So, they invited the mayor to come and Jordan and I went and answered some very interesting questions. Some of them were very engaging. Some of them were like, "How many friends do you have and how much do you get paid?" Uh, [laughter] so it was it was definitely an interesting time. Um, I attended a a they call it Friday finale, like an awards ceremony for the last Friday of the month with them. It's it's very loud in that auditorium. Um, the health department meetings, I have attended a few of those now. Um the first was kind of a report on the

community needs assessment that they had completed a few months ago. And this one that councelor Hollings Head and I attended was some concrete steps that we can take to address some of the uh priorities that came out of that community health needs assessment. So look forward to continuing collaboration with that group. food insecurity also being one of the things that that they are choosing to um focus on in the coming months. This Friday is first Friday for the arts in downtown Morgantown. So, Friday evening from 6:00 to 9:00 p.m. There will be six or eight locations throughout downtown that feature artists and musicians and vendors of different types. Um, it's always a very interesting and diverse evening. So, certainly look that up. It It's hosted by the Arts Council of Greater Morgantown. Um, I returned today. I w I attended Morgantown Area Partnership Day at the Legislature. We had a reception with some of our elected officials last evening after I attended a few committee meetings during the day. And then today we met with the Department of Transportation. We met with some of our House of Delegates members. We met with the secretary of tourism. And we met with the state treasurer's off. Well, the state treasurer, not only his office, but um Mr. PAC himself. Uh they had continued meetings through the afternoon, but I had to come early to get here in time for council this evening. So I look forward to hearing about the economic development meetings that happened. I think the most interesting thing I learned was from the Department of Transportation. A ton of

salt and a ton of asphalt cost roughly the same. So we were tasked with deciding which we would like to prioritize, paving or snow removal. So um it's just a it was an interesting fact that I found right sorry and they were say there was one of their staff members was definitely saying like it's a better use of our dollars to patch and pave than to remove snow. We're like but then people can't they happen different times of year.

Um certainly everyone's dealing with difficult budgets. I understand that. um look forward to attending the MLC conference in Washington DC before we meet again. As city manager said, our next meeting will be delayed by a week. We won't meet again here for three weeks. Um as several of us will be attending that conference in Washington DC and it'll be the first one that I attend while on [snorts] the board and chair of my committee. So wish me luck because it's very intimidating. Um, I don't believe we have a need for the executive session this evening unless anyone has any. No. So, just a motion to adjurnn.

Move to adjourn. Thank you. Second. Thanks. 9:01.