REGULAR MEETING OCTOBER 5, 2004:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 5, 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, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes of the regular meeting on September 21, 2004, were approved as amended.
CORRESPONDENCE:
Mayor Justice read a No Child Left behind proclamation which Councilors Miller & Spencer presented to Suncrest Middle School. Mayor Justice read a proclamation for National Business and Professional Women's Week and a press release for Lights On After-School, announced Fire Prevention Week, summarized a Suncrest Neighborhood letter on the proposed fire fee increase and Senator Oliverio's letter about land acquisition from the DOH.
UNFINISHED BUSINESS:
No Business.
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
John Duarte, 460 Grove Street, spoke about the garbage totes, marking crosswalks and snowy sidewalks.
Alex Messiora, 127 Linnehurst Street, thanked Council, commented on the definition of dead-end, and what the City Manager should have done before the Trinity High School construction started.
Laura Kemp-Rye, 219 Huntington Avenue, discussed concerns about the King Street park.
Stephen Tanner had questions about the B&O Tax ordinance.
Mr. Strakal, Maidsville, disagreed with newspaper articles about Trinity traffic and requested school buses for Trinity School.
By request of the Mayor, the City Manager responded that BFI ordered 1,500 toters; the State Road is reminded to clear sidewalks; clarified that there will be a public hearing and second reading for the B&O Ordinance and spoke of rental regulations.
Mayor Justice commented on small parks and attention by BOPARC.
SPECIAL COMMITTEE REPORTS:
Councilor Spencer reported on the Youth and Government workshop and spoke of the draft letter to Allegheny Energy about pollution abatement equipment. Councilor Bane commented on the County Commission meeting and signatures needed for the Allegheny Energy letter. Councilor Miller reported on the Human Rights Commission panel discussion and Councilor Scafella addressed the BOPARC Board meeting and Board expansion.
NEW BUSINESS:
ORDINANCE TO LEASE REALTY TO WATERFRONT JEEP: The following entitled Ordinance was presented for first 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 pass the above entitled Ordinance to second reading. Motion carried 7-0.
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 first 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.
After discussion, motion by Spencer, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
ORDINANCE AMENDING ARTICLE 735 OF THE BUSINESS AND TAXATION CODE : The following entitled Ordinance was presented for first 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 discussion, motion by Miller, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
ORDINANCE AMENDING SECTION 21(A) OF THE ZONING ORDINANCE ADDRESSING LAND DEVELOPMENT AND ON OUTSIDE BUT CONTIGUOUS REALTY: The following entitled Ordinance was presented for first reading.
AN ORDINANCE AMENDING SECTION 21(A) OF THE CITY OF MORGANTOWN ZONING ORDINANCE, BY ADDING LANGUAGE WHICH ADDRESSES LAND DEVELOPMENT AND USE ON REALTY OUTSIDE OF, BUT CONTIGUOUS TO, THE CITY OF MORGANTOWN.
After discussion, motion by Spencer, second by Miller, to pass the above entitled Ordinance to second reading. Minor amendment by Byrne to change (utilize to open onto) and (street use to open permit). Motion by Spencer to add "the permit shall be issued by the City Administration upon recommendation of the Planning Commission and conditions as the City Administration shall require, second by Scafella. Motion carried 6-1. (Manilla voted No). Motion by Manilla to table the Ordinance, second by Bane. Motion to table carried 5-2. (Justice and Byrne voted No).
APPROVAL OF A POLICY FOR GIFTS AND MEMORIALS FOR THE CITY OF MORGANTOWN: The above Policy was presented for Council's approval.
After discussion, motion by Miller, second by Byrne, to approve the above entitled Policy. Motion carried 7-0. On the record, Councilor Spencer stated the policy will be displayed on the City web site and will be distributed to all City departments.
LISTRAVIA / LINNEHURST TRAFFIC CONTROLS: 3-WAY STOP SIGNS AT LISTRAVIA AND LINCOVA; NO RIGHT TURN FROM LINNEHURST ONTO EUGENEVIA; AND 5 TON WEIGHT LIMIT ON LISTRAVIA AND LINNEHURST (EXEMPTIONS CAN BE GRANTED BY THE CITY MANAGER WITH A $25,000 BOND BEING POSTED): The above Traffic Controls were presented for Council's approval.
Motion by Byrne, second by Scafella, to pass the above entitled Traffic Controls. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
As recently reported in the newspaper, it appears that the County Commission will not pursue a proposed inter-modal transportation facility behind the Courthouse. To try to keep the committed Federal funds for such a facility in the area, the City has written to Congressman Mollohan suggesting other qualifying projects. It should be noted though that the $7,700,000 grant would require a local match of $1,925,000 to fund a total project cost of $9,625,000.
NEW BUSINESS:
Item No. 1:
Earlier this year, the City received $300,000 for Homeland Security Projects. To implement those capabilities attached you will find bid results for special Fire Department equipment. As per the memos, I recommend that the contracts be awarded to the low bidders that met all the requirements as follows:
A. Air Monitoring Equipment Premier Safety & Service, Inc. $17,781.42
B. Two Thermal Cameras M E S-Allsafe $17,000.00
C. Air Rescue Bags M E S-Allsafe $18,000.00
D. Power Hawk Rescue System M E S-Allsafe $17,260.00
After discussion, motion by Scafella, second by Bane, to allocate the funds. Motion carried 7-0.
Item No. 2:
Earlier this year, Council also provided funds for increased, annual health insurance costs for Main Street Morgantown. In implementing the change, there is also a one time $2,200 cost that I recommend be funded from the Capital Escrow Account.
Motion by Byrne, second by Scafella, to fund the change. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Spencer: Councilor Spencer discussed: trash management and Grant Avenue area tour, Fire Service Study Committee status, changing Broadview to Killarney, telecommunications towers policy, and First Baptist Church parking lot. Requested trash management and communications towers policy at COW .
Councilor Byrne: Councilor Byrne addressed landlord, not tenant, focus on trash responsibility and the trucks through town issue; announced Phil Shuman is offering a meal discount at Margarita's Mexican Grille and a South Hills Town Hall meeting.
Councilor Miller: Councilor Miller commented on anonymous letters and that neighborhood associations should have a copy of the R-1A book.
Councilor Scafella: Councilor Scafella discussed the R-1A book, tabling the traffic controls ordinance, and Historic Landmarks approval for cell towers.
Councilor Manilla: Councilor Manilla addressed the King Street Park and BOPARC; discussed MHS construction meetings; underage drinking and accidents at the South High Bridge.
Councilor Bane: Councilor Bane noted Elysian Avenue potholes and curb painting need; thanked Public Works for reflectors at Callen and University Avenues; discussed cable bill increases and suggested a paddy wagon for underage drinking.
Mayor Justice: Mayor Justice announced future meetings and events and requested youth involvement be on COW agenda.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at
9:37 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.