On the agenda: Morgantown meeting — data center (Jun 16)

MORGANTOWN
CITY CLERK

304-284-7439

Morgantownwv.gov
389 Spruce St.
Morgantown, WV 26505

AGENDA
CITY REGULAR MEETING
City Hall Council Chambers, 389 Spruce Street, 2nd Floor, Morgantown, WV 26505
Tuesday, June 16, 2026, at 7:00 PM
This meeting will be broadcast live via YouTube at City of Morgantown - YouTube
(https://www.youtube.com/@CityofMorgantown/streams)

1. PLEDGE:
2. CALL TO ORDER:
3. ROLL CALL:
4. APPROVAL OF MINUTES:
A. June 2, 2026, Regular Meeting Minutes
B. June 2, 2026, Special Meeting Minutes
5. CORRESPONDENCE:
A. Proclamation: Migraine and Headache Awareness Month
B. Proclamation: Morgantown High School Girls Softball
C. Proclamation: America 250
D. Partner Update: Mon River Trails Conservancy (MRTC)
E. Partner Update: Morgantown Monongalia Metropolitan Planning Organization
(MMMPO) - Statewide Bicycle & Pedestrian Plan Project
6. REPORT OF PROCLAMATIONS:
A. Proclamation: LGBTQ+ Pride Month
7. PUBLIC HEARINGS:
8. UNFINISHED BUSINESS:
A. Boards and Commissions
9. PUBLIC PORTION WHICH SHALL BE SUBJECT TO RULES ESTABLISHED BY
COUNCIL AND ADOPTED BY RESOLUTION:
1

10. SPECIAL COMMITTEE REPORTS:
11. CONSENT AGENDA:
12. NEW BUSINESS:
A. Consideration of APPROVAL of A Resolution Opposing Mon Power Gas-Fired Power
Plant
B. Consideration of APPROVAL of A Resolution Approving the FY 2026-2027 Budget for
the City of Morgantown Airport Improvement Fund
C. Consideration of APPROVAL of (First Reading) of An Ordinance Repealing Article
160 - Housing Advisory Committee
D. Consideration of APPROVAL of (First Reading) of An Ordinance Establishing a
Reasonable Accommodations Process

E. Adoption of Land Preservation Program
13. CITY MANAGER'S REPORT:
14. REPORT FROM CITY CLERK:
15. REPORT FROM CITY ATTORNEY:
16. REPORT FROM COUNCIL MEMBERS:
17. EXECUTIVE SESSION:
A. Pursuant to WV State Code Section 6-9A-4(b)(2)(A) to discuss personnel matters for
Boards and Commissions
B. Discussion of matters related to acquisition or development of property in the
Greenmont neighborhood (It is anticipated this item will be discussed in executive
session pursuant to W. Va. Code 6-9A-4(b)(9))
C. Discussion of pending or potential litigation (It is anticipated City Council may discuss
this matter in executive session pursuant to W. Va. Code 6-9A-4(b)(12))
D. Discussion of matters protected by attorney-client privilege (It is anticipated that this
item will be discussed in executive session as permitted by W. Va. Code 6-9A-4(b)(12))
18. ADJOURNMENT:
For accommodations please call or text 304-288-7072

2

Item 5A.

3

Item 5B.

4

Item 5C.

5

Item 5D.

City Council
Agenda Item Summary
Council Meeting Date: June 16, 2026
Item:
Department:
Requested By:
Strategic Goal:

Mon River Trails Conservancy (MRTC)
N/A
Ella Belling, Executive Director
Connected and Well Maintained

Recommended Motion: N/A. Presentation item only.

Item Summary:
The workshop at the end of June is set to discuss the topic of Enhanced Connectivity.
Ella Belling, Executive Director of MRTC will provide a brief update on MRTC, the Rail
Trail, and other major initiatives such as the Parkersburg to Pittsburgh (P2P) Corridor
Regional Master Plan Project.
Fiscal Impact: N/A

6

Item 5D.

Parkersburg to Pittsburgh (P2P) Corridor

COMMUNITY SURVEY
Calling all small business owners, tourism
and economic development professionals,
local leaders, and trail advocates along the
P2P Corridor!*
Take our survey and share your ideas for how
trails can benefit YOUR community.
The survey will be open for a limited time!
In just about six minutes, you can help
shape the future of this 180-mile corridor.
Follow the link below or scan the QR code to get started.

SURVEYMONKEY.COM/R/P2PCORRIDOR

*For more information on the P2P Corridor,
the trails that make up the corridor, news
updates, and more, go to P2PCorridor.org
7

Item 5E.

City Council
Agenda Item Summary
Council Meeting Date: June 16, 2026
Item:
Morgantown Monongalia Metropolitan Planning Organization
(MMMPO) – Statewide Bicycle & Pedestrian Plan Project
Department:
N/A
Requested By:
Bill Austin, Executive Director
Strategic Goal:
Connected and Well Maintained
Recommended Motion: N/A. Presentation item only.

Item Summary:
The workshop at the end of June is set to discuss the topic of Enhanced Connectivity.
Bill Austin, Executive Director of MMMPO will provide a brief update the Statewide
Bicycle & Pedestrian Plan Project they are working on in coordination with the West
Virginia Division of Highways (DOH).
Fiscal Impact: N/A

8

Item 6A.

9

Item 12A.

City Council
Agenda Item Summary
Council Meeting Date: June 16, 2025
Item:
Resolution Opposing the Mon Power Application for a GasPowered Power Plant
Department:
City Council
Requested By:
Jim Kotcon, Green Team
Strategic Goal:
N/A
Recommended Motion: I move to approve a Resolution opposing the construction of
the proposed gas-fired power plant by Mon Power

Item Summary:
This resolution identifies the proposed 1200-MW combined cycle
has plant at the existing Ft. Martin Power Station project, proposed by Mon Power. The
Resolution urges the West Virginia Public Service Commission to reject the project
when it is presented to the Commission for consideration.
The Green Team has proposed the resolution for City Council consideration.
Fiscal Impact:
No direct immediate impact. The Resolution discusses the
potential impact to ratepayers.

{02057656.DOCX }

10

Item 12A.

A RESOLUTION OF THE CITY OF MORGANTOWN TO PROTEST MONPOWER’S
PROPOSED GAS-FIRED POWER PLANT
WHEREAS, the City of Morgantown has long recognized the health and economic
benefits of reducing its energy consumption and has implemented numerous energy
conservation initiatives to lower electricity demand; and
WHEREAS, MonPower has applied to the West Virginia Public Service Commission for
a certificate of public convenience and necessity to construct and operate an
approximately 1200-MV combined cycle gas plant at its existing Ft. Martin Power
Station in Monongalia County, West Virginia; and
WHEREAS, the proposed cost of this power plant is projected at $2.4 billion; and
WHEREAS, MonPower is also requesting “abandonment authority” whereby ratepayers
would be required to reimburse all expenses related to this proposed plant, even if it
never operates; and
WHEREAS, the proposed power plant would emit millions of tons of greenhouse gases
as well as other air pollutants, potentially affecting the health and welfare of
Morgantown residents; and
WHEREAS, MonPower asserts that most of the need for new electric power generation
is to serve data centers; and
WHEREAS, forcing utility ratepayers to pay for electric generation for data centers
contradicts the intent of both the West Virginia Power Generation and Consumption Act
(HB 2014) as well as President Trump’s Ratepayer Protection Pledge; and
WHEREAS, MonPower asserts that electricity demand is rising, but offers no
comparable energy efficiency programs for its customers; and
WHEREAS, the cost of this proposed power plant creates a disproportionate burden to
the City of Morgantown and its citizens;
Now, therefore, BE IT RESOLVED that the City of Morgantown, WV opposes
construction of the proposed gas-fired power plant; and
BE IT FURTHER RESOLVED, that the City of Morgantown shall file a copy of this
Resolution as a protest with the West Virginia Public Service Commission.
Adopted this __ day of June, 2026:
______________________________
Mayor
______________________________
City Clerk

11

Item 12B.

City Council
Agenda Item Summary
Council Meeting Date: 06/16/2026
Item:
Department:
Requested By:
Strategic Goal:

FY 2026-2027 Budget for the Airport Improvement Fund
Morgantown Municipal Airport and the Finance Department
Jennifer Street, Assistant Finance Director
Excellent & Responsible

Recommended Motion: I move to approve the FY2026-2027 Airport Improvement
Program Budget as presented.

Item Summary:
The Airport Improvement Program, or AIP, Budget is designed to capture anticipated
(awarded) federal and state grants for Airport Improvement Projects, along with required
local matches. This fund also accounts for Passenger Facility Charges (PFC), which is a
per-ticket charge added to flight purchases.
The local match is budgeted for in the City’s Capital Escrow Budget.
The primary project funded in the AIP Budget is the Runway Extension Project. PFC
funds, and interest earned on those funds, are tied to an expense line for PFC
equipment. This can be nimble for any equipment needed for the airport.

Fiscal Impact:
Of the $14,911,813.36 budget, $3,107,586.42 is local
match/funding from the City’s Capital Escrow account. These funds exist in the current
(FY2025-2026) budget and no additional funding is needed.

12

Item 12B.

RESOLUTION
WHEREAS,

City Administration has presented to Morgantown City Council a
2026-2027 budget for the City of Morgantown Airport
Improvement Fund and has requested that City Council review and
approve the same;

WHEREAS,

the budget in question, a copy of which is hereto attached, appears
to not only be in proper form, but also, acceptable as to income
and expenditures set forth therein;

WHEREAS,

City Council is of the opinion that it should approve said budget.

NOW, THEREFORE, BE IT RESOLVED by the City of Morgantown this 16th
day of June, 2026, that the 2026-2027 Budget for the Airport
Improvement Fund Budget hereto attached is approved.

______________________________
Mayor
______________________________
City Clerk

13

Item 12B.

Morgantown Municipal Airport
Airport Improvement Program
FY 2027 REVENUES
252-000-000-365-061
252-000-000-365-073
252-000-000-365-075
252-000-000-365-076
252-000-000-365-077
252-000-000-365-078
252-000-000-366-073
252-000-000-366-075
252-000-000-366-076
252-000-000-369-254
252-000-000-369-254
252-000-000-369-254
252-000-000-369-254
252-000-000-369-254
252-000-000-369-254
252-000-000-369-254
252-000-000-399-002
252-000-019-380-000
252-000-020-346-014
252-000-020-380-000

FAA Grant 50/23
FAA Grant 54/24
FAA Grant 56/24
FAA Grant 57/25
FAA Grant 58/25
FAA Grant 59/26
State Grant Share 54/24
State Grant Share 56/24
State Grant Share 57/25
Local Match Grant 50/23
Local Match Grant 54/24
Local Match Grant 56/24
Local Match Grant 57/25
Local Match Grant 58/25
Local Match Grant 59/26
Add. Local Match Unalloc.
Misc Prior Year Balance
AIP Interest
PFC Revenues
PFC Interest

FY 2027 EXPENSES
$287,709.09
$292,887.28
$77,542.91
$317,863.35
$3,302,858.46
$7,083,922.00
$16,270.57
$4,308.16
$8,365.12
$31,967.90
$16,272.57
$4,308.16
$8,365.12
$173,834.67
$372,838.00
$2,500,000.00
$344,000.00
$1,250.00
$66,000.00
$1,250.00
$14,911,813.36

252-758-000-458-032
252-758-020-459-000
252-761-000-458-100
252-761-000-458-104
252-761-000-458-106
252-761-000-458-027
252-761-000-458-028
252-761-000-458-029
252-699-000-568-000

Rwy Extension Unalloc.
Equipment (PFC)
FAA 50/23 Grant
FAA 54/24 Grant
FAA 56/24 Grant
FAA 57/25 Grant
FAA 58/25 Grant
FAA 59/26 Grant
Contigency

$2,500,000.00
$211,250.00
$319,676.99
$325,430.42
$86,159.23
$334,593.59
$3,476,693.12
$7,456,760.00
$201,250.01

$14,911,813.36

14

Item 12C.

City Council
Agenda Item Summary
Council Meeting Date: June 16, 2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinance Repealing Article 160 – Housing Advisory Committee
Development Services/Administration
Jamie Miller, City Manager
Vibrant and Prosperous

Recommended Motion: Move to approve an ordinance repealing Article 160 related to
the Housing Advisory Commission.

Item Summary:
The Housing Advisory Commission was established in or around 2014. The ordinance
contemplates a thirteen (13) member advisory commission. When established, while not
exclusively, there was a large focus on student housing related issues. The city has over
30 Boards, Commissions, or Ad Hoc Committees. The city has been reviewing its board
and commissions. The Housing Advisory Commission has not met since 2024 and is
considered a defunct board.
Housing issues remain a priority for the City. However, the current structure of the
Housing Advisory Committee has not been fully utilized and it has not been serving its
intended purpose. Staff are recommending repealing the committee at this time. Further
consideration may be given to reconstitute a committee focusing on Housing issues in
the future in a different format.
Fiscal Impact: N/A

15

Item 12C.

Ordinance No. 2023-____
AN ORDINANCE REPEALING CITY CODE ARTICLE 160 HOUSING ADVISORY
COMMISSION
The City of Morgantown hereby ordains that Article 160 of the City Code is repealed, as follows
(deleted matter stricken):
ARTICLE 160. HOUSING ADVISORY COMMISSION1
Sec. 160.01. Established.
There is hereby established a Housing Advisory Commission for the City.
Sec. 160.02. Purpose and duties.
The function of the Housing Advisory Commission is to:
(a) Serve as the medium for citizen advice and comment on housing issues.
(b) Provide advocacy for establishing and maintaining diversity in housing types and
opportunities.
(c) Encourage and strengthen collaborative planning and communications between public
and private sectors.
(d) Review, consider, and make recommendations to the City Manager and City Council
on all aspects that affect public and private housing.
(e) Research and discuss housing trends and ideas and make recommendations to the City
Manager and City Council regarding housing policy and ordinances.
(f) Sponsor educational programs on owner and non-owner occupied housing.
Sec. 160.03. Membership.
(a) The Housing Advisory Commission shall consist of 13 members who shall be appointed by
Morgantown City Council as follows:
(1) One member of Morgantown City Council;
(2) One member from West Virginia University's Off-Campus Housing office;
(3) One member from West Virginia University's Office of Student Legal Services;
(4) One member who is a college student living within the City of Morgantown;
(5) One member from the Fairmont-Morgantown Housing Authority;
(6) One member nominated from an organization promoting fair housing;
(7) One member being a licensed real estate representative;
(8) One member being a City neighborhood association representative;
(9) One member being a City landlord representative.
(10) One member being a property manager representative;
(11) One member at large member who shall be a resident of the City of Morgantown; and
there shall be two ex-officio/non-voting members of the Commission as follows:

16

Item 12C.

(12) One City of Morgantown Building Code official;
(13) One City of Morgantown Fire Marshal's office representative; and
(14) One member who is a licensed residential home builder.
All members shall serve without compensation.
(b) A majority of the Housing Advisory Commission should be City residents, or have housing
business interest or activity within City limits.
Sec. 160.04. Terms of office.
All members of the Commission shall serve a three-year term.
Sec. 160.05. Officers.
The Housing Advisory Commission shall select from its own membership a chairperson,
vice-chairperson and secretary.
Sec. 160.06. Meetings.
The Housing Advisory Commission shall meet as often as it may deem necessary, upon call
of the chairperson. All meetings will be subject to the West Virginia Open Governmental
Proceedings Act.
Sec. 160.07. Written reports.
The Commission shall submit annual reports to the City Manager and Council summarizing
its past year's activities and recommendations for the ensuing year.
Sec. 160.08. Freedom of Information Act applies.
As a board of the City, the Housing Advisory Commission shall be subject to the West
Virginia Freedom of Information Act.
This Ordinance shall be effective upon adoption.
FIRST READING: ____________________

______________________________
Mayor

SECOND READING: _________________
ADOPTED: _________________________

______________________________
City Clerk

FILED: ____________________________

17

Item 12D.

City Council
Agenda Item Summary
Council Meeting Date: 6/16/2026
Item:
Department:
Requested By:
Strategic Goal:

Ordinance Establishing Reasonable Accommodations Process
City Clerk
City Council
Compassionate and Engaged – Community Engagement

Recommended Motion: Move to approve.

Item Summary:
This Ordinance establishes a standard process for the City, and its
boards and commissions, to handle requests for accommodations involving public
services and programs and access to housing for those with disabilities under the
Americans with Disabilities Act and the Fair Housing Act.
Requests for accommodation will be delivered to the City Clerk, who will assign the
request to a staff member responsible for the program, service, law, or regulation involved
in the request. For instance, requests for an accessible parking space would be delivered
to the City Engineer, requests for assistance in Summer camp programs would be
delivered to the BOPARC director, etc. An applicant could appeal any of the requests to
the City Manager.
The ordinance includes the appropriate standards to review accommodation requests,
established by court decisions related to FHA and ADA accommodations, and it specifics
a timeline to act on requests within 30 days of an application or appeal. The ordinance
also provides an optional interactive process allowing an applicant to discuss possible
accommodations with the staff member or city manager considering the request.
The ordinance is intended to create a clear, more accessible process for persons with
disabilities to pursue accommodations in City services, programs, and policies, and to
support consistent decisionmaking on the requests by City staff who are most familiar
with the rules involved and the City’s capability to provide accommodations.
Fiscal Impact:
This process will be handled within existing staff capacity, and no
direct fiscal impact is anticipated.

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18

Item 12D.

Ordinance No. 2026-____

AN ORDINANCE OF THE CITY OF MORGANTOWN
ESTABLISHING A PROCESS TO CONSIDER REQUESTS FOR ACCOMMODATION IN
ACCORDANCE WITH TITLE II OF THE AMERICANS WITH DISABILITIES ACT, THE
FAIR HOUSING ACT, AND THE WEST VIRGINIA FAIR HOUSING ACT
The City of Morgantown hereby ordains as follows:
Section 1. Findings and Purpose.
Title II of the Americans with Disabilities Act of 1990, as amended by the ADA
Amendments Act of 2008, 42 U.S.C. §§12101 et seq. (“ADA”) prohibits discrimination against
qualified individuals with disabilities in all programs, activities, and services of public entities. It
applies to all state and local governments, their departments and agencies, and any other
instrumentalities or special purpose districts of state or local governments. The ADA includes
requirements for making reasonable modifications to policies, practices, and procedures where
necessary to avoid discrimination against those with disabilities in the provision of public
programs, services, and activities. The federal Fair Housing Act, 42 U.S.C. §§ 3601 et seq. (the
“Fair Housing Act”) prohibits discrimination “because of a handicap,” and declares it unlawful “to
discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer
or renter because of a handicap of . . . that buyer or renter.” § 3604(f)(1)(A). Under 42 U.S.C. §
3604(f)(3)(B), a municipality must provide reasonable accommodations in rules, policies, and
practices when necessary to afford equal opportunity to use and enjoy a dwelling. This ordinance
is adopted to establish a process for the City to comply with these requirements and consider
requests for reasonable accommodation to modify the policies, practices, and procedures of the
City with respect to public programs, services, and activities, or access to housing for individuals
with disabilities.
Section 2. Adoption of a new Article 115 of the City Code.
Article 115 of the City Code, entitled “Reasonable Accommodations” is hereby adopted, as follows
(new matter underlined; deleted matter stricken):
ARTICLE 115. – REASONABLE ACCOMMODATIONS.
Sec. 115.01. – Purpose; scope.
(a)
This Article governs requests for accommodation within the scope of Title II of the
ADA to programs, activities, and services of the City, its boards, commissions, agencies, public
corporations, and subordinate entities; and requests for accommodations in rules, policies, and
practices of the City, its boards, commissions, agencies, public corporations, and subordinate
entities, to afford equal opportunity to use and enjoy a dwelling within the scope of the FHA and/or
the WVFHA.

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19

Item 12D.

(b)
Any boards, commissions, agencies, public corporations, and subordinate entities
that have adopted their own written standards for addressing requests for accommodation within
the scope of this Article will instead be governed by those agency-specific policies, to the extent
that they apply.
(c)
This article does not apply to requests for accommodation in terms of employment
by employees of the City.
(d)
Decisions under this Article are decisions on requests for accommodation the City
is required to make pursuant to the ADA, FHA, and/or WV FHA. The decisions under this Article
are not intended to be decisions applying or enforcing the zoning laws or regulations of the City,
even if those decisions modify the zoning laws or regulations of the city with respect to a particular
request, and accordingly are not intended to be subject to the administrative appeals or review by
certiorari provisions of West Virginia Code Chapter 8A, Articles 8 and 9, or similar law.
(e)
While a request for accommodation, or appeal of a decision, is pending, the City
will continue to enforce the law, ordinance, rules, policies, and procedures involved against the
applicant, unless otherwise required by authority having jurisdiction to make such a ruling;
provided, that, upon request of the person applying for accommodation, the city manager may
temporarily stay enforcement of the applicable law, ordinance, rules, policies, and procedures, or
any part of them. Any such stay of enforcement will be reduced to writing, state the reasons
supporting the stay, and be delivered to the applicant.
Sec. 115.02. – Definitions.
When used in this Article, the following terms shall have the meanings given.
Americans with Disabilities Act or ADA means the Americans with Disabilities Act of 1990, as
amended by the ADA Amendments Act of 2008, 42 U.S.C. §§12101 et seq.
Disability means:
(1)
A mental or physical impairment which substantially limits one or more of a
person's major life activities.
(2)
A record of such impairment; or
(3)
Being regarded as having such an impairment.
The term does not include current, illegal use of or addiction to a controlled substance as defined
in state or federal law. For the purposes of this Article, the terms "disability" and "handicap" shall
be interchangeable.
City means The City of Morgantown, West Virginia, and its boards, commissions, agencies, public
corporations, and subordinate entities.
Developer or Provider of Housing for Individuals with Disabilities means any person or entity
offering to lease, rent, sell, or construct a particular housing accommodation or dwelling solely for
use by individuals with disabilities.

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20

Item 12D.

Dwelling means any building, structure or portion thereof that is occupied as, or designated or
intended for occupancy as a residence by, one or more families, and any vacant land that is offered
for sale or lease for the construction or location thereon of any such building, structure, or portion
thereof.
Fair Housing Act or FHA means the federal Fair Housing Amendments Act codified at 42 U.S.C.
§§ 3601 et seq.
Housing accommodations means any building or portion thereof which is used or intended for use
as the residence or sleeping place of one or more persons.
Major life activities includes any of the following functions: (i) Caring for oneself, performing
manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting,
bending, speaking, breathing, learning, reading, concentrating, thinking, writing, communicating,
interacting with others, and working; and (ii) The operation of a major bodily function, such as the
functions of the immune system, special sense organs and skin, normal cell growth, and digestive,
genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular,
endocrine, hemic, lymphatic, musculoskeletal, and reproductive systems. The operation of a major
bodily function includes the operation of an individual organ within a body system.
Physical or mental impairment includes any of the following: (i) any physiological disorder or
condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body
systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine or
(ii) any mental or psychological disorder, such as an intellectual or developmental disability,
organic brain syndrome, emotional or mental illness, or specific learning disability. "Physical or
mental impairment" includes such diseases and conditions as orthopedic, visual, speech, and
hearing impairments; cerebral palsy; autism; epilepsy; muscular dystrophy; multiple sclerosis;
cancer; heart disease; diabetes; human immunodeficiency virus infection; intellectual and
developmental disabilities; emotional illness; drug addiction other than addiction caused by
current, illegal use of a controlled substance; and alcoholism.
West Virginia Fair Housing Act or WVFHA means the West Virginia Fair Housing Act codified at
W. Va. Code §§ 16B-18-1 et seq.
Sec. 115.03. – Request for accommodation.
(a)
Availability. Any person with a disability, their agent, or any developer or provider
of housing for individuals with disabilities, or their agent, may apply for accommodation under
this Article.
(b)
Application. A request for accommodation will be made in writing, may use a form
supplied by the City for this purpose, and will contain the following information (if applicable):

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21

Item 12D.

1. The name, address, email, and telephone number of the individual(s) requesting
accommodation;
2. Name and address of the property owner(s)
3. Address of the property for which the request is being made, or where the
program or service is being conducted;
4. The current use of the property;
5. Establish that the request is made for a qualified individual with a disability;
6. The City policies, practices, and procedures (including citation to any adopted
ordinance) that is the subject of the applicant’s requested accommodation,
7. A description of the specific accommodation(s) requested; and
8. Why the reasonable accommodation is necessary to allow the individual with a
disability to use and enjoy the dwelling or housing accommodation.
(c)
Filing. A request may be filed by email to the City Clerk at
[email protected]; or by mail or personal delivery to the City Clerk at 389 Spruce
Street, Morgantown, WV 26505. The City Clerk shall mark the filing date and promptly deliver
the request to the City Manager.
(d)
Assistance. The City will provide assistance in completing the request to those who
need it, including assistance with reading application questions, responding to questions,
completing the form or written request, filing an appeal, appearing at a hearing, and other matters,
to ensure the process is accessible and consistent with FHA, ADA and WVFHA purposes.
(e)
Confidential information. Any information identified by an applicant as
confidential shall be retained in a manner so as to respect the privacy rights of the applicant and
shall not be made available for public inspection; Provided, that the information will be made
available to all persons participating in the decision of the request for accommodation, and will be
disclosed when disclosure is required by law. Any person making a request should understand that
the request is a public record, that the city may be required to retain or disclose the record in the
future.
(f)
Notice. The city will display a notice advising the public that individuals with
disabilities may request a reasonable accommodation in the office area designated for handling of
building permits, on the City website, and in the city clerk’s office.
Sec. 115.04. – Review; decision.
(a)
Decisionmaking authority. Requests will be reviewed by the City Clerk and
assigned to the City staff member responsible for the public programs, services, and activities, or
policies, practices, and procedures of the City involved in the request. The City Clerk will have
discretion to determine the appropriate staff member to decide any request.
(b)

Standards. The initial decisionmaker will consider:

(1)
Whether the housing, which is the subject of the request for reasonable
accommodation, will be used by an individual with disabilities protected under FHA or WVFHA,

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22

Item 12D.

or, if the request does not involve housing, whether the individual making the request has a
disability entitling them to protection under ADA;
(2)
Whether the requested accommodation is necessary to make housing
available to an individual with disabilities protected under the FHA or WVFHA, or whether the
requested accommodation is necessary to make public programs, services, or activities available
to an individual with disabilities;
(3)
Whether the requested accommodation would impose an undue financial or
administrative burden on the city; and;
(4)
Whether the requested accommodation would require a fundamental
alteration in the nature of the programs, services, activities, laws, rules, regulations, or policies
involved in the request.
(c)
Hearing. The initial decisionmaker may offer the applicant an opportunity to
present the request at a hearing, in person or by telephone or video. Any hearing is a quasi-judicial
proceeding not subject to the West Virginia Open Governmental Proceedings Act.
(d)
Interactive Process. At any time before or after issuing the decision, but before an
appeal is filed, the initial decisionmaker may offer the applicant the opportunity to engage in an
interactive process to determine appropriate reasonable accommodations to address the request.
As part of any interactive process, the initial decisionmaker and the applicant may agree to a
resolution of the request, and any such agreement will be reduced to writing, and include a
statement that the agreement resolves the request. The applicant is not required to participate in an
interactive process if offered, and is not required to enter into an agreement resolving their request.
(e)
Decision. The initial decisionmaker will issue a written decision on a request within
30 days of the date it is submitted. The written decision will grant, grant with conditions or
modifications, or deny the request. The written decision will describe the findings on each of the
standards provided in subsection (b). Any decision that does not grant the request without
modifications or conditions will notify the applicant of their right to appeal under this Article. The
decision will be delivered to the e-mail address listed on the request, unless accommodation has
been granted to the person making the request to provide delivery by another method.
Sec. 115.05. – Appeal.
(a)
Deadline to appeal. Within 30 days of the date of the decision, the applicant may
appeal the decision to the appeals board established by this section. The appeal will be filed in the
same manner as an initial request is filed. If an individual needs assistance in filing an appeal on
an adverse decision, the City will provide assistance to ensure that the appeals process is
accessible.
(b)
Decision by City Manager. The appeal will be considered and decided by the
City Manager. In the event that the City Manager determines that they are unable to serve as the
decisionmaker on appeal, they shall notify the City Clerk, who shall designate an alternate
decisionmaker on appeal. Any reference in this Section to the City Manager shall also include an
alternate decisionmaker, if one is appointed.

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Item 12D.

(c)
Contents of appeal. All appeals shall contain a statement of the grounds for the
appeal and be limited to the initial request for accommodation that was submitted. Any person
wishing to rely on additional material or information outside the original request should submit a
new request for accommodation.
(d)
Hearing. The City Manager may offer the applicant an opportunity to present the
request at a hearing, in person or by telephone or video. Any hearing is a quasi-judicial proceeding
not subject to the West Virginia Open Governmental Proceedings Act.
(e)
Interactive Process. At any time after the filing of an appeal, and before or after
issuing the decision, the City Manager may offer the applicant the opportunity to engage in an
interactive process to determine appropriate reasonable accommodations to address the request.
As part of any interactive process, the City Manager and the applicant may agree to a resolution
of the request, and any such agreement will be reduced to writing, and include a statement that the
agreement resolves the request. The applicant is not required to participate in an interactive process
if offered, and is not required to enter into an agreement resolving their request.
(f)
Decision. The City Manager will issue a written decision on an appeal within 30
days of the date it is submitted. The written decision will consider the appeal de novo and will not
defer to findings or conclusions of the initial decision, and it will grant, grant with conditions or
modifications, or deny the appeal. The written decision will describe the findings on each of the
standards provided in Section 115.04(b). The decision will be delivered to the e-mail address listed
on the request, unless accommodation has been granted to the person making the request to provide
delivery by another method.
(g)
Other legal proceedings. Nothing in this Article shall preclude an individual from
seeking any other state or federal remedy available, except that individuals entitled to make
requests under this Article may be required to exhaust all remedies provided by this process before
seeking other remedies.
Sec. 115.06. – Rules and regulations; forms.
The city manager shall have authority to adopt rules, regulations, and forms implementing,
interpreting, applying, and enforcing the provisions of this Article. Any such rules or regulations
shall be reduced to writing and delivered to the city clerk, who shall maintain a copy of such rules
and or regulations as a public record of the City.
Sec. 115.07. – Effect of accommodation.
(a)
Any accommodation granted for an organization or individual is limited to the
specific property, use, operator, and facts presented for the specific request, and does not persist
with the land after a change in use, operator, or circumstances that makes the accommodation no
longer require the accommodation by law.
(b)
Each accommodation granted pursuant to this article will be delivered to the
director of each program, service, or activity involved in the accommodation, and, for

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24

Item 12D.

accommodations related to housing, to the director of development services, and the chief of the
fire department, and will be kept in their records in a manner so as to ensure notice of the
accommodation granted with respect to the individuals or properties involved.
(c)
Approvals of requests for accommodation shall expire within 180 days if not
implemented, or, for accommodations involving construction, if work authorized by the
accommodation has not begun within 180 days.
(d)
Any accommodation granted may be revoked if the applicant or the property upon
which the accommodation is granted is in violation of any provision of the decision granting the
accommodation, or if the circumstances or participants have changed such that the accommodation
no longer applies. In order to revoke an accommodation under this article, the city manager will
provide the involved individuals with notice of the existing accommodation, the alleged violations
or other matters supporting revocation, and an opportunity to be heard on the proposed revocation
before a revocation is made. The city manager may, but shall not be required to, institute
proceedings in an appropriate court to obtain a determination that an accommodation should be
revoked.
Section 3. Repeal, Savings, Severability.
Any section of this Code repealed or modified by a subsequent ordinance will continue in force
until the effective date of the repealing ordinance.
The repeal or modification of any part of this Code does not affect any existing right acquired, or
liability or obligation incurred, under the code sections amended or repealed unless the modifying
ordinance expressly so provides. Any repealed or modified part of this Code will remain in force
for the purpose of sustaining any proper legal proceedings and prosecutions related to the
enforcement of such right or liability brought prior to the repeal or modification.
The repeal of any repealing ordinance, clause, or provision does not revive any former ordinance,
clause, or provision unless expressly provided by ordinance.
If any provision of this Ordinance, or the application of this Ordinance to any person or
circumstance, is held invalid by a court of competent jurisdiction or other entity or agency having
jurisdiction to make such determination, the remainder of this Ordinance and the application to
other persons or circumstances remain in effect.
Section 4. Effective date; application. This ordinance shall be effective upon adoption. This
Ordinance does not affect rights, duties, or liabilities that matured, penalties that were incurred,
and proceedings that were begun, before its effective date. The law remains in force for the purpose
of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture
or liability.

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25

Item 12D.

Section 5. Recording of ordinance. The City Clerk is directed to obtain all signatures required
by the form of Ordinance adopted and maintain an executed original ordinance with the official
records of the City of Morgantown, to be maintained, preserved, and accessed in accordance with
the laws of the State of West Virginia and the City of Morgantown, and to take the following
additional actions: Deliver a copy to each board and commission established by the City.

FIRST READING: ______________________

________________________
Mayor

SECOND READING: ___________________
ADOPTED: ___________________________

________________________
City Clerk

FILED: _______________________________

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26

Item 12E.

City Council
Agenda Item Summary
Council Meeting Date: 6/16/2026
Item:
Department:
Requested By:
Strategic Goal:

City of Morgantown Land Preservation Program
Land Reuse and Preservation Agency / Development Services
Land Reuse and Preservation Agency
Connected and Well-Maintained – Responsible Asset
Management

Recommended Motion: Move to adopt the Land Preservation Program as presented.

Item Summary:
When establishing the Land Reuse and Preservation Agency, City
Council adopted Resolution 2018-11 directing the preparation of a Land Preservation
Program for the City. The Land Reuse Agency has requested, by vote at its May meeting,
that City Council adopt the enclosed Land Preservation Program. The program will assist
the Agency by providing a guidance document the Agency will use when determining its
priorities for acquiring, using, and transferring property.
Fiscal Impact:
This process will be handled within existing staff capacity, and no
direct fiscal impact is anticipated.

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27

Item 12E.

The City of Morgantown,
West Virginia
Land Preservation Program
The City of Morgantown, West Virginia hereby adopts the following Land Preservation Program
to guide the city's efforts in protecting and preserving its natural resources, open spaces, and
environmentally sensitive areas.
1.

Purpose and Goals

The purpose of this program is to establish a comprehensive framework for land preservation in
Morgantown. The program is adopted pursuant to and consistent with authority granted to the
City Manager by City Council Resolution No. 2018-11, and Article 147 of the Codified Ordinances
of The City of Morgantown. In accordance with Resolution No. 2018-11, the Land Preservation
Program will include the following considerations:
(a) the type of land uses to be preserved, which may include open space and green space,
lands for active or passive recreation, watersheds, animal habitats, unique geological features,
ecologically valuable woodlands, wetlands, or other areas appropriate for preservation as
determined by community members and which will provide a lasting benefit to the community;
(b) the method of managing the program, including the role of the Morgantown Land Reuse
and Preservation Agency in the ownership, maintenance, management, and transfer of properties
to be included in the program;
(c) provision for the stewardship and land management plans to be designed for each
individual parcel or tract, as acquired, and a management plan that outlines activities necessary to
protect or restore each site;
(d) the methods of acquisition and classifications of property ownership sought for various
properties within the program, including fee simple purchase, donation, dedication of property by
will or other estate transfer mechanism, establishment of conservation or public right-of-way
easement, or combinations thereof;
(e) the available and useful funding sources for the program, including consideration of
City general fund and capital escrow fund revenues, sales tax revenues, user fee revenues, excess
property tax revenues, and outside funding sources including nonprofit and government agency
grants or interagency agreements; and
(f) goals of the program, which should include a target for annual and long-term funding
and targets for the amount of land under management at identified intervals following the
program's inception
Our goals are to:
1. Protect environmentally sensitive areas and natural resources
2. Promote sustainable development practices
3. Enhance quality of life for residents through improved access to green spaces
4. Preserve the city's unique character and scenic landscapes

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Item 12E.

2.

Planning Process and Public Engagement

This program was developed through a collaborative process involving:
- Public workshops and community surveys
- Consultation with local environmental groups and land trusts
- Input from city departments and regional planning agencies
- Review of best practices from other municipalities
3.

Land Preservation Strategies

3.1

Infill Development and Redevelopment

- Prioritize development of underutilized urban areas
- Encourage mixed-use projects in downtown and adjacent neighborhoods
- Implement incentives for brownfield redevelopment
3.2

Environmental Protection

- Identify and map environmentally sensitive areas, including wetlands and riparian zones
- Establish buffer zones around critical habitats and water resources
- Develop and enforce stringent erosion control measures for construction sites
3.3

Open Space Acquisition and Management

- Create a dedicated fund for land acquisition using a portion of property tax revenues
- Pursue grants and partnerships with land trusts for conservation easements
- Develop a comprehensive urban forest management program
- Designate a Greenbelt zone around Morgantown to limit urban sprawl and preserve natural areas
- Define the specific boundaries of the Greenbelt in consultation with local planning authorities
and stakeholders.
- Prohibit most forms of development within the designated Greenbelt area, except for essential
infrastructure or projects with exceptional circumstances.
- Prioritize the protection of undeveloped, wild, or agricultural lands within the Greenbelt zone.
- Implement a "grey belt" system to identify areas within the Greenbelt that may be suitable for
limited development, focusing on previously developed land or areas closest to existing built-up
zones.
- Establish a review process for Greenbelt boundaries every 5-10 years to ensure they remain
effective and aligned with the city's growth needs.
- Create educational programs to inform residents about the benefits and purposes of the Greenbelt.
- Develop a management plan for Greenbelt areas, including strategies for maintaining
biodiversity, supporting sustainable agriculture, and providing recreational opportunities.
3.4

Sustainable Development Practices

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Item 12E.

- Update zoning codes to promote green building practices and renewable energy installations
- Implement a transfer of development rights program to protect rural landscapes
- Establish a green infrastructure program for stormwater management
4.

Implementation and Monitoring

4.1

Governance

- The Morgantown Land Reuse and Preservation Agency (“Agency”) is the agency responsible to
oversee program implementation, review program development and impact, and make reports
regarding the program to the public and partner agencies.
- The Agency will coordinate with the Monongalia County Commission to align city and county
preservation efforts, and it will coordinate with the Morgantown Board of Park and Recreation
Commissioners (“BOPARC”), the Mon Walley Green Space Coalition, the Monongahela River
Trails Conservancy, and the Mountaineer Trail Network in identifying program goals and
implementing program strategies.
4.2

Funding

- Consider allocation of a portion of the city's annual capital budget to land preservation efforts
- Request allocation of a portion of the County Commission annual capital budget to land
preservation efforts
- Explore the creation of a conservation futures tax program or similar tax levy or fee to fund the
land preservation program
- Pursue state and federal grants for specific preservation projects
- Propose a state-level surcharge on property insurance, document recording, or other land-related
transactions that is dedicated to fund Land Reuse Agencies and/or land preservation.
- Dedicate a portion of building inspection and/or program review fees received by the City to the
Land Preservation Program
4.3

Performance Metrics

- Track acres of land preserved annually
- Monitor changes in tree canopy coverage
- Assess improvements in water quality in local streams and rivers
4.4

Program Review and Updates

- Conduct an annual progress review and report to City Council
- Perform a comprehensive program update every five years
5. Adoption and Certification
By adopting this Land Preservation Program, the City of Morgantown commits to its
implementation and to the ongoing protection of our natural resources and open spaces. This

30

Item 12E.

program shall be effective immediately upon adoption and shall guide land use decisions and
preservation efforts in the city.
Adopted this _____ day of _________, 2026,
_______________________________________
Jamie Miller,
City Manager

31