REGULAR MEETING OCTOBER 16, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 16, 2007, at 7:37 p.m..
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Charlie Byrer, Bill Byrne, Jenny Selin, Don Spencer.
Councilor Byrne asked for a moment of silence in memory of Kenny Ervin.
Councilor Byrer requested prayers for the Allen Family for the search of their son Jacob lost in the woods at Dolly Sods.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on October 2, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice presented a retirement plaque to Debra Gordey for her 21 years of service as a Police Officer for the City of Morgantown. Councilor Manilla presented a proclamation for Challenge X Day to Brian Hannan. Councilor Spencer proclaimed October 15 - October 19, 2007 as Municipal Government Week. Councilor Byrne read a letter from Mayor Hicks announcing that the sisterhood between Morgantown and Guanajuanto was accepted. The Youth Commission updated Council on their future proposed budget for the Guanajuanto Youth Ambassador Exchange Budget and the request for funding to cover the cost of a facility for a teen center in the Wharf.
PUBLIC HEARING -AN ORDINANCE AMENDING THE GENERAL OFFENSES CODE BY ADDING SECTION 533.10 PAYING FOR VEHICULAR FUEL:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced ordinance.
There being no appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING -AN ORDINANCE AMENDING SECTION 941.04 BY PROHIBITING THE FEEDING OF WILDLIFE UPON PROPERTIES CONTROLLED BY BOPARC:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced ordinance.
There being no appearances or objections, Mayor Justice declared this public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING THE GENERAL OFFENSES CODE BY ADDING SECTION 533.10 PAYING FOR VEHICULAR FUEL: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN BY ADDING A NEW SECTION 533.10 WHICH ADDRESSES THE CRIME OF FAILING TO PAY FOR VEHICULAR FUEL.
Motion by Bane, second by Manilla, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 941.04 BY PROHIBITING THE FEEDING OF WILDLIFE UPON PROPERTIES CONTROLLED BY BOPARC:
AN ORDINANCE AMENDING SECTION 941.04 OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF MORGANTOWN BY PROHIBITING THE FEEDING OF WILDLIFE UPON PROPERTIES AND FACILITIES CONTROLLED OR UNDER THE JURISDICTION OF THE BOARD OF PARK AND RECREATION COMMISSIONERS OF MORGANTOWN.
After discussion, motion by Byrne, second by Bane, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Annette Tanner was appointed to the Beautification Commission, Esther Murray to the Library Board, and Jack Thompson to the Museum Commission. Also, by acclamation Lisa Zeller was reappointed to the Morgantown Housing Authority. Councilor Spencer gave updates on the Pedestrian Safety Board Meeting and that the MRTC has a new Rail Trail Map out to the Pennsylvania border. Councilor Byrer mentioned that there was discussion at the Historic Landmarks Commission for need of a Climate Control Storage Building for Records.
PUBLIC PORTION:
Whitney Frail, 265 Prospect, & Michael Crawford, 665 North Spruce Street presented a proposal to Council for regulating animal tethering in the City of Morgantown.
Erica Rogers, informed Council of an event called Makeover Morgantown, involving WVU Leadership Studies Club, United Way and Sunnyside up on November 4, 2007 from 1-5 to beautify Morgantown. We are inviting Student Organizations, Fraternities, Sororities to help with the cleanup and Challenge the City to help us by giving ideas on what site/area in the City needs more attention.
Steve Fanok, City Attorney, requested an Executive Session with City Council to discuss amending article 505.03 “Animal Cruelty” at the next regular meeting on November 6, 2007.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Spencer gave an update on the Mylan Park Committee and the Solid Waste Task Force.
NEW BUSINESS:
AN I NTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY & COUNTY FOR ANIMAL CONTROL SERVICES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND MONONGALIA COUNTY COMMISSION AS THE SAME APPLIES TO CERTAIN ANIMAL CONTROL SERVICES TO BE PROVIDED BY THE COUNTY TO THE CITY.
Motion by Byrne, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REPEALING SECTION 533.09 WHICH APPLIES TO UNAUTHORIZED USE OF DUMPSTERS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE REPEALING SECTION 533.09 OF THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO UNAUTHORIZED USE OF DUMPSTERS.
After explanation by the City Manager, motion by Manilla, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE APPROVING REPLACEMENT PAGES TO CITY CODE: The below entitled Ordinance was presented for first reading:
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE.
Motion by Bane, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING 1349( B-4 GENERAL BUSINESS DISTRICT) OF THE PLANNING & ZONING CODE: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1349 “B-4, GENERAL BUSINESS DISTRICT”; ARTICLE 1351 “PERFORMANCE STANDARDS FOR BUILDINGS IN THE GENERAL BUSINESS (B-4) DISTRICT”; AND TABLE 1365.10.01 “REQUIRED LOADING SPACES”; AND, “APPENDIX A: DEVELOPMENT STANDARDS TABLE” OF THE PLANNING & ZONING CODE.
After discussion, motion by Manilla, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING TO PURCHASE PARCELS OF REALTY FROM MCCOY 6 IN THE 4TH & 5TH WARDS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM MCCOY 6 APARTMENTS LIMITED LIABILITY COMPANY; SAID REALTY CONSISTING OF PARCEL 410 ON MONONGALIA COUNTY TAX MAP 20 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN AND PARCELS 522, 523, 524, 525, 526, 529, 530, 532 AND 533 ON MONONGALIA COUNTY TAX MAP 20 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN.
The Mayor announced the above entitled Ordinance will be on the November 6, 2007 Regular Meeting for First Reading.
AN ORDINANCE AUTHORIZING THE CITY TO DEED PARCELS TO MCCOY 6: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS 540, 543, 544 AND 545.31, ON MONONGALIA COUNTY TAX MAP 20, TO MCCOY6 APARTMENTS LIMITED LIABILITY COMPANY.
The Mayor announced the above entitled Ordinance will be on the November 6, 2007 Regular Meeting for First Reading.
AN ORDINANCE TO AUTHORIZE TO DEED PARCELS OF REALTY IN THE 4TH & 5TH WARDS TO THE BUILDING COMMISSION: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS OF REAL ESTATE, OWNED BY IT AND LOCATED IN THE FOURTH AND FIFTH WARDS OF THE CITY, TO THE MORGANTOWN BUILDING COMMISSION.
The Mayor announced the above entitled Ordinance will be on the November 6, 2007 Regular Meeting for First Reading.
CITY MANAGERS REPORT:
INFORMATION:
ITEM NO 1:
Mr. Boroff informed City Council that in the near future there will be another group of protestors in town.
NEW BUSINESS:
ITEM NO 1:
Attached you will find a memo from the Public Works Director reporting the bid results for a 4x4 Dump Truck. I agree with her comments and recommend that the contract be awarded to Matheny Motors for a cost of $50,559.73.
Motion by Byrne, second by Spencer, to award the bid to Matheny Motors for the 4x4 Dump Truck at a cost of $50,559.73. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little announced that the new Weight Watchers at Work Session starts on October 30, 2007.
CITY ATTORNEY'S REPORT:
City Attorney Fanok requested again to have an Executive Session at the next Regular Session to discuss the tethering issue with City Council.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Spencer: Councilor Spencer mentioned his concern for the lack of funding for the Boys & Girls Club in hoping Council can look at the budget and help them with funding this year. Councilor Spencer indicated that the new Dairy Queen and new Coffee Shop have revitalized the upper High Street area. Councilor Spencer commented that at the new complex on Burroughs Street a Stop Sign was requested, but this action should be rescinded. Councilor Spencer announced that October is Code Enforcement Month, and Council will revisit this issue at the COW and have made some recommendations ready by then to help with the mission of communication between the departments/citizens/council a better one. Councilor Spencer addressed the insufficient staffing for Urban Forestry, Planning, Policing etc. and we need to look at these areas so that we can be for effective as a Government. Councilor Spencer presented more changes to the solid waste ordinance and asked Council to consider the amendments.
Councilor Byrne: No Report.
Councilor Selin: Councilor Selin reminded everyone of the Evansdale NH Meeting in Towers at 6pm. Councilor Selin mentioned that the NH appreciates the Police Depts. extra patrols in the area. Councilor Selin is suggesting the NH and Towers meet and do a Make Over event so they can get to know each other. Councilor Selin reported on the Conference she attended the NL of Cities Summit Building Stronger Families in San Antonio, Texas. Councilor Selin informed Council of a Children Task Force Meeting on 10-29 from 6:30pm to 8:30pm in Council Chambers & the Quiet Crisis Meeting on 11-5 from 6:30pm to 8:30pm. Councilor Selin informed Council that the legislature has asked Lynn Sobolov and myself to come and speak on having better options for children in our community.
Councilor Byrer: Councilor Byrer asked about when the Veterans Day Parade is? City Manger Dan Boroff responded stating they had not made application yet. Mayor Justice commented that he heard the Parade was going to be on Sunday, November 10, 2007. Councilor Byrer expressed concern once again for the number one problem in Morgantown is traffic and with the closure of Stewart Street how one street can cause traffic back-up all through the City. Councilor Byrer suggested considering a position of a Traffic Flow Engineer for construction/accidents occur to help with the traffic flow. Councilor Byrer also mentioned that Buckhannon has cameras at intersections and when there is a problem the coordinator can resolve that problem. Councilor Byrer stated the most important thing I am trying to get across this evening is that the public gets plenty of prior notice to closing of streets and construction.
City Attorney Steve Fanok commented in reference to the cameras at intersections, the only purpose they can serve is to monitor the number of vehicles that pass through the intersection.
City Manager Dan Boroff commented that the DOH is studying key intersections in Morgantown and will report back to Council on the status of their findings.
Councilor Manilla: Councilor Manilla spoke of the Allen Family and the search for their son Jacob at Dolly Sods, they still haven’t found him but my wife who is helping search says there is still hope in finding him.
Councilor Manilla mentioned the WVU Liaison situation that the person selected attend council and county commission. Councilor Manilla urged the appointment of Dallas Branch to serve as the Liaison, and would like to know the status of that.
Mayor Justice responded that Craig Wilson will be the Liaison to attend the Government meetings.
Councilor Bane: Councilor Bane commended City Manager for resoling an issue in the First Ward. Councilor Bane expressed what a good job Captain Graham does, and the Firefighters will be coming to WVU to do a free evacuation training to our employees in the near future.
Mayor Justice: Mayor Justice spoke on the fact that the Task Force we are talking about this evening was formed in this body and this is very positive, but then we have the Federal cut backs and this community has been affected by this. Mayor Justice affirmed that this Council for 2008 will make this Year the Year of the Child and solve some of these issues; which will go hand in hand with Inclusive Communities, N.C. as well as WVU and the County Commission Mayor Justice informed Council that you may get some calls flooding on High Street storm drains do not carry the heavy rains and went into two businesses, and the issue is being addressed before this happens again? Mayor Justice reminded Council that this Sunday is first official after the day inauguration with the WVU President & signing of the Inclusive Community with Jim Hunt, Council and other officials. Mayor reminded that this is a big week coming up and traffic will be shut down for Inauguration, game 3:30 Saturday, Homecoming Parade Friday Night, Met Theatre is Booked, Diversity Week. Also a ceremony today Chief Native American Nations 79,000 people & Chief from South Dakota visited to share with them and please help the Allens if you can keep the Allen Family in your thoughts.
Councilor Manilla asked about the status of the Election and the meetings to look at the Charter.
City Manager Dan Boroff responded that Councilor Byrer is chairing that.
Councilor Manilla requested an Executive Session pursuant to 6-9A-4-12 for attorney/client privileges.
City Manager responded that technically according to the Sunshine Law the Executive Session has to be on the Agenda.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:14 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.