REGULAR MEETING NOVEMBER 4, 2003:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, November 4, 2003, 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 October 21, 2003, were approved as printed.
CORRESPONDENCE:
Mayor Justice read proclamations for "Come to the Fair" and Random Acts of Kindness Week.
Mayor Justice introduced Sharon Covert, WV Wellness Council, who presented the Bronze Award to Linda Little and Debbie Smyth on behalf of the City of Morgantown.
PUBLIC HEARING - AMENDING SECTIONS 929.01, 929.20, 929.21, AND 929.22 AS THE SAME APPLY TO STORMWATER MANAGEMENT AND DRAINAGE, STORMWATER DESIGN, AND PLAN SUBMISSION AND REVIEW:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Evan Hanson, Friends of Deckers Creek, spoke in support of the ordinance.
There being no more appearances or objections, Mayor Justice declared this hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING SECTIONS 929.01, 929.20, 929.21, AND 929.22 AS THE SAME APPLY TO STORMWATER MANAGEMENT AND DRAINAGE, STORMWATER DESIGN, AND PLAN SUBMISSION AND REVIEW: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTIONS 929.01, 929.20, 929.21, AND 929.22 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLY TO STORMWATER MANAGEMENT AND DRAINAGE, STORMWATER DESIGN, AND PLAN SUBMISSION AND REVIEW.
The rules were suspended to allow Jim Green , MUB, to answer questions from Council. After discussion, motion by Bane, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, William Burton, Jr. was appointed to the Morgantown Utility Board.
PUBLIC PORTION:
Phil Shuman, 250 Kingwood Street, spoke against a proposed bar ordinance.
Ed Sneckenberger, 521 Woodhaven Drive, covered the mediation meeting with developers and Suncrest Neighborhood Association.
Janis Gunel, 409 Dogwwod Avenue, read a letter from Judith Stitzel about the mediation meeting and also her own comments.
John Gever, 505 Linden Street, gave an invitation to a Citizens for Responsible Development forum on Sunnyside issues.
There being no more appearances or objections, Mayor Justice declared the Public Portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne reported on Sunnyside Up meetings and Councilor Scafella gave an update on the gazebo at Wiles Hill.
NEW BUSINESS:
AN ORDINANCE REZONING PARCEL 31 AND A PORTION OF PARCEL 32 OF COUNTY TAX MAP 55, IN THE 7TH WARD FROM (R-1) TO (R-1-A) BY AMENDING SECTION O13 OF THE ZONING ORDINANCE: The following entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE REZONING OF PARCEL 31 AND A PORTION OF PARCEL 32 OF COUNTY TAX MAP 55, IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE FAMILY RESIDENTIAL DISTRICT TO (R-1-A) SINGLE FAMILY RESIDENTIAL DISTRICT BY AMENDING SECTION O13 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
After discussion, motion by Scafella, second by Bane, to pass the above entitled Ordinance to second reading. Motion carried 6-0. (Spencer Abstained).
A RESOLUTION IN SUPPORT OF WEST VIRGINIA UNIVERSITY FROM ANY FURTHER STATE BUDGET CUTS: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Miller, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.
A RESOLUTION REQUESTING THE UNITED STATES CONGRESS TO AUTHORIZE AND FUND A DEMONSTRATION PROJECT ON THE UPPER MONONGAHELA RIVER IN WEST VIRGINIA FOR REMOVAL AND DISPOSAL OF RIVER TRASH AND DEBRIS: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Byrne, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
Item No 1:
As reported last month, Corporate Airlines Inc submitted an application to the FAA to establish regular commercial air service between Washington D. C. and Morgantown. This past week the City was notified that the application has been disapproved. The FAA noted that the proposed service was consistent with its requirements, but the aircraft that Corporate was going to use was unacceptable. All aircraft arriving at the D. C. airport are required to have steel doors to the cockpit that can be locked and a flight attendant on duty to observe passengers. Corporate Airlines has said that these two requirements make the service cost prohibitive. Despite this action, the City will continue to work with Benedum Airport to establish this service and other services to additional airline hubs.
Item No 2:
Adelphia has notified the City that in the near future it will offer High Definition Television to City customers. To receive this service, subscribers will have to have a HDTV set and receiver (the receiver may be leased from Adelphia for $7.95 per month). The company will also be adding Dolby Digital Audio service. There will be no additional charges for these new services.
NEW BUSINESS:
Item No 1:
The W V Division of Highways has informed the City that the proposed sidewalk and bike lane on Monongahela Boulevard cannot be constructed because of safety concerns (the right of way is not wide enough). The Division has also stated though that the approximately $300,000 in TEA-21 funds for the project can be retained for a similar project (connect the Downtown area to the Evansdale Campus (Grant Avenue corridor may be a good substitute)). This action by the Division also frees an additional $100,000 that Council had budgeted in addition to the grant for the Boulevard Project. Based upon all of this I recommend that the staff be authorized to work with the Greenspace Coalition to redirect the grant funds to a similar project and that the freed $100,000 be allocated to the runway safety expansion at the airport (will then have $200,000 of the $750,000 to start the expansion this coming spring).
After discussion, motion by Byrne, second by Scafella, to apply the $300,000 grant to the campus corridor and $100,000 to the airport runway expansion. Motion carried 7-0.
Item No 2:
Attached you will find a memo from the Finance Director and the Annual Police and Fire Pension Reports for fiscal year 2003. I recommend that the reports be accepted and a request for the insurance allocation forwarded to the State.
Motion by Scafella, second by Byrne, to accept the Annual Pension Reports. Motion carried 7-0.
Item No 3:
Last year Council discussed the desirability of acquiring Thermal Imaging Cameras for the Fire Department. Recently the City was notified by the Federal Emergency Management Agency that it will grant Morgantown $19,800 to acquire two cameras with a City match of $1,980. Based upon Council's priorities, I recommend that the match be made with Capital Escrow Account funds and the cameras acquired. Special Note: Special appreciation is expressed for the work of FFFC John Lemley in identifying this grant opportunity and assembling a successful application.
After discussion, motion by Miller, second by Byrne, to use $1,980 from the Capital Escrow Account as a match to acquire 2 thermal imaging cameras. Motion carried 7-0.
Item No 4:
The second attachment is a memo from the Public Works Director reporting bid results for a new Flusher Truck. I agree with the points she has made and recommend that the contract be awarded to Fyda Freightliner for $82,828 (includes the engine brake transmission retarder).
Motion by Byrne, second by Miller, to award the contract for a new flusher truck to Fyda Freightliner for $82,828. Motion carried 7-0.
Item No 5:
Earlier this year Council allocated $26,000 as a local match for potential Division of Forestry Grants. The last attachment from the Assistant City Manager describes the programs that are available. Based upon his comments and the advice of the Morgantown Tree Board, I recommend that the projects be approved.
After discussion, motion by Miller, second by Scafella, to approve the Tree Board projects. Motion carried 7-0.
Mayor Justice proposed the COW be moved to November 18 , 2003 at 6:00 p.m.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane commented on the mediation meeting.
Councilor Manilla: Councilor Manilla reported on the Walnut Street Entrance Way Group problem list and the next steps, and noted Phil Shuman's ideas on downtown changes.
Councilor Scafella: Councilor Scafella commented on changing legislation with demographics, Stewart Street fence torn down and unpleasant dispatcher, the mediation meeting and Roberts' Rules, Planning Commission use of the Comprehensive Plan, and presented Wiles Hill gazebo photographs and the status of the Skate Park.
Councilor Miller: Councilor Miller requested opinions for Planning Department approval for projects with sticky legal questions and commended Police and Fire Departments for football game weekends.
Councilor Byrne: Councilor Byrne addressed the Code Enforcement sting operations and citations, Phil Shuman's suggestions, Planning Commission decisions, affordable housing meeting, and airport commuter service frustration.
Councilor Spencer: Councilor Spencer reflected on the role of the Planning Commission, urged collaboration with zoning ordinance consultants, requested Boards and Commissions issues on January COW agenda, noted a new Van Voorhis development with 800 apartments and traffic concerns, asked for the status of the Skate Park, and commended young people at Mohawk Bowl and the MHS drama group for plays.
Mayor Justice: Mayor Justice listed future meetings and events, commented on gazebo photographs, and reflected on spending money for the airport.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at
10:00 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.