REGULAR MEETING OCTOBER 19, 2004:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 19, 2004, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Don Spencer. (Bill Byrne Absent).
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes of the regular meeting on October 5, 2004, were approved as amended.
CORRESPONDENCE:
Mayor Justice read a Municipal Government Week proclamation and forwarded Stephen Tanner's B&O recommendations to the City Manager. Councilor Bane announced a mock Council Meeting for Leadership Monongalia.
PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 735 OF THE BUSINESS AND TAXATION CODE:
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 hearing closed.
PUBLIC HEARING -AN ORDINANCE TO LEASE REALTY TO WATERFRONT JEEP:
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 hearing closed.
PUBLIC HEARING -AN ORDINANCE ADOPTING A 400 FOOT LONG PORTION OF WEST VIEW AVENUE AND A 100 FOOT PORTION OF LINDELL STREET INTO THE STREET SYSTEM IN THE 7TH WARD:
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 hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING ARTICLE 735 OF THE BUSINESS AND TAXATION CODE: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING ARTICLE 735 OF THE CITY OF MORGANTOWN BUSINESS AND TAXATION CODE AS THE SAME APPLIES TO DEFINITIONS, ERRONEOUS COMPUTATION OF TAX, ASSESSMENT AND RETURNS, TAX PAYER RECORDS, LIMITATIONS ON ASSESSMENTS, NOTICE OF ASSESSMENT AND PETITION FOR REASSESSMENT, HEARING PROCEDURE AND ADMINISTRATIVE DECISION, APPEALS AND CORRECTION OF ASSESSMENT, UNPAID TAX AND DEFAULT IN PAYMENT, COLLECTION OF TAXES, TAX LIEN AND SELLING OR QUITTING BUSINESS, PREREQUISITES TO FINAL SETTLEMENT WITH CITY CONTRACTORS, RECORDATION OF CERTIFICATE OF ASSESSMENT AND RELEASE OF LIEN, COLLECTION BY DISTRAINT, REVOCATION OF LICENSES AND PERMITS, REMITTANCE, ADMINISTRATION OF ARTICLE, INVESTIGATIONS, SUBPOENAS, PRIVILEGE TAX, PRODUCTION OF COAL AND OTHER NATURAL RESOURCE PRODUCTS, MANUFACTURED OR COMPOUNDED PRODUCTS, SELLING TANGIBLE PROPERTY AT RETAIL, SELLING TANGIBLE PROPERTY AT WHOLESALE, PUBLIC SERVICE OR UTILITY BUSINESS, BUSINESS OF CONTRACTING, BUSINESS OF OPERATING AMUSEMENTS, BUSINESS OF COLLECTING RENTALS OR ROYALTIES, SERVICE BUSINESS OR CALLING NOT OTHERWISE SPECIFICALLY TAXED, BANKS AND OTHER FINANCIAL INSTITUTIONS, TAX RATE FOR HMOS, QUARTERLY CREDITS, ADDITIONAL CREDITS, BUSINESSES EXEMPT, RETURNS AND COMPUTATION AND PAYMENT OF TAX, SETTLEMENT AGREEMENTS AND COMPROMISES, CONFIDENTIALITY OF TAX RETURN, ADDITIONAL ADMINISTRATIVE PROVISIONS CONCERNING CONTRACTING, JEOPARDY ASSESSMENTS, JUDICIAL REVIEW, REFUNDS AND CREDITS, AND INTEREST AND PENALTY.
After explanation by the City Manager, motion by Scafella, second by Miller, to adopt the above entitled Ordinance. Motion carried 6-0. (Byrne Absent).
AN ORDINANCE TO LEASE REALTY TO WATERFRONT JEEP: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO LEASE REALTY, LOCATED AT THE REAR OF WATERFRONT JEEP, TO WATERFRONT JEEP.
Motion by Miller, second by Bane, to adopt the above entitled Ordinance. Motion carried 6-0. (Byrne Absent).
ORDINANCE ADOPTING A 400 FOOT LONG PORTION OF WEST VIEW AVENUE AND A 100 FOOT PORTION OF LINDELL STREET INTO THE STREET SYSTEM IN THE 7TH WARD: The following entitled Ordinance was presented for second reading.
AN ORDINANCE ADOPTING A 400 FOOT LONG PORTION OF WEST VIEW AVENUE AND A 100 FOOT PORTION OF LINDELL STREET INTO THE CITY OF MORGANTOWN'S STREET SYSTEM FOR PURPOSES OF PUBLIC MAINTENANCE AND CONTROL, IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.
Motion by Spencer, second by Bane, to adopt the above entitled Ordinance. Motion carried 6-0. (Byrne Absent).
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
John Kline, 1340 Anderson Avenue, commented on concerns about the Police Department and parking tickets.
Vic Solomon, Vic's Towing Service, spoke about cars being towed to Westover instead of downtown.
Alex Messiora, 127 Linnehurst Street, thanked City Council and reiterated neighborhood speeding and parking problems.
Mr. Strakal, Maidsville, disagreed about the speeding problem.
Mayor Justice asked the Parking Authority representatives to look into the towing issue and the City Manager to check with the Police Department.
SPECIAL COMMITTEE REPORTS:
No Reports.
NEW BUSINESS:
A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION REGARDING THE ESTABLISHMENT AND MAINTENANCE OF A TRAFFIC SIGNAL SYSTEM: The above Resolution was presented for Council's approval.
After explanation by the City Manager, motion by Scafella, second by Miller, to approve the above entitled Resolution. Motion carried 6-0. (Byrne Absent).
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No. 1:
Earlier this year, the City received $300,000 for Homeland Security Projects. To implement those projects, attached you will find bid results for special Fire Department equipment. As per the memo, I recommend that the contract be awarded to Dill's Fire and Safety Equipment Inc., the low bidder at $30,160.00 that met all the requirements on SCBA and spare air cylinders.
After discussion, motion by Bane, second by Manilla, to award the special Fire Department equipment contract to Dill's Fire and Safety Equipment, Inc. for $30,160. Motion carried 6-0. (Byrne Absent).
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane thanked the Mayor and explained Leadership Monongalia class activities.
Councilor Manilla: Councilor Manilla addressed a complaint of scooters and cycles on Theresa Drive area sidewalk with a request that it be on the COW agenda.
Councilor Scafella: Councilor Scafella noted the Stewart Street sidewalk project is moving along nicely.
Councilor Miller: Councilor Miller clarified why there was no discussion before the votes and commented on voicing complaints.
Councilor Byrne: ABSENT.
Councilor Spencer: Councilor Spencer discussed: Collins Ferry Road speed limit, review of Planning and BZA bylaws, neighborhood tours, sidewalk progress, and asked that reforming City elections law be on the COW.
City Manager Boroff explained that the State is responsible for regulating local elections.
Mayor Justice: Mayor Justice announced future meetings and events; mentioned a GED newspaper article and Met Project support grant; a ditch line problem at Montrose and Denver passed to MUB; sidewalk issues and Monongalia Avenue request for sidewalk; talked with DOH about truck traffic on State roads and noted the Dorsey Knob Lodge is ready for the occupancy permit and the official opening.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at
8:30 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.