Morgantown City Council Minutes for 6-15-04

REGULAR MEETING JUNE 15, 2004:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 15, 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 from the regular meeting on June 1, 2004, were approved as amended by Councilor Spencer.

CORRESPONDENCE:

Mayor Justice notified Council that James Street parking will be reinstated and the Traffic Commission will recieve the petition and 4 letters. Mayor Justice mentioned MAYSP and CASA for Kids funding request letters, listed upcoming events and thanked the sponsors of the American Wind Symphony.

PUBLIC HEARING-AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR FY 2004-2005:

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 AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL, AND HAZARDOUS DUTY PAY:

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 AMENDING SECTION 927.01 FOR WATER RATES:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

Robert Flowers, 100 Ridgely Road, spoke against the ordinance.

Denny Poluga, 960 Southpoint Circle, commented on receiving responses from MUB.

Mark Furfari, 313 Maple Avenue, spoke against the ordinance.

Peter Franklin-White, 618 Lambert Street, agreed with the other speakers.

There being no more appearances or objections, Mayor Justice declared this hearing closed.

PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 925.03 FOR SANITARY SEWER SERVICE RATES:

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 AUTHORIZING A PURCHASE OF REALTY FROM PLATINUM PROPERTIES, LLC:

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 AMENDING SECTION 361.09 OF THE TRAFFIC CODE FOR VENDOR VEHICLE PARKING:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

Gennie Kent, the Hot Dog Lady, asked if this was going to the Traffic Commission now.

There being no more appearances or objections, Mayor Justice declared this hearing closed.

UNFINISHED BUSINESS:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR FY 2004-2005: The following entitled Ordinance was presented for second reading:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2004-2005.

Motion by Scafella, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.

AN ORDINANCE AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL, AND HAZARDOUS DUTY PAY: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.

Motion by Miller, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.

AN ORDINANCE AMENDING SECTION 927.01 FOR WATER RATES: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 927.01 OF THE MORGANTOWN CITY CODE AS THE SAME RELATES TO SCHEDULE OF WATER RATES.

After discussion, motion by Byrne, second by Miller, to adopt the above entitled Ordinance. Motion to amend by Spencer, second by Bane, that the City Manager be authorized to request that the Morgantown Utility Board prepare a report in six months on the feasibility of implementing alternative rate structuring systems which support the viability of the utility but also addresses such considerations as classifications of service, zones of service delivery, flat rate systems or other systems which support conservation and cost containment, and fixed costs for customer account administration. Such a report would also include recommendations by which MUB could restructure ways for increased public participation and representation in the development of policy proposals related to MUB rates and services. Motion to amend carried 6-1. (Miller voted NO). Main motion carried 6-1. (Bane voted NO).

AN ORDINANCE AMENDING SECTION 925.03 FOR SANITARY SEWER SERVICE RATES: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 925.03 OF THE MORGANTOWN CITY CODE AS THE SAME RELATES TO SCHEDULE OF SANITARY SEWER SERVICE RATES.

AN ORDINANCE AUTHORIZING A PURCHASE OF REALTY FROM PLATINUM PROPERTIES, LLC: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM PLATINUM PROPERTIES LIMITED LIABILITY COMPANY; SAID REALTY CONSISTING OF LOT NO. 3B3 OF WATERFRONT PLACE COMPLEX, AS SHOWN IN MONONGALIA COUNTY MAP CABINET NO, D, ENVELOPE NO. 14-B IN THE FIRST WARD OF THE CITY OF MORGANTOWN.

Motion by Miller, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.

AN ORDINANCE AMENDING SECTION 361.09 OF THE TRAFFIC CODE FOR VENDOR VEHICLE PARKING: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 361.09 OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO WHEN A VEHICLE PARKED IN THE BUSINESS OR CONGESTED DISTRICT OF THE CITY MAY SELL PRODUCE OR MERCHANDISE THERE FROM.

Motion by Miller, second by Manilla, to adopt the above entitled Ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

By acclamation, Marianne Liberatore was appointed and Sharon Seamans was reappointed to the Traffic Commission.

PUBLIC PORTION:

Peter Franklin-White, 618 Lambert Street, thanked Councilor Bane and commented on Lambert Street being washed out and requested No Parking signs.

Joey Stone, the Hot Dog Man, thanked Council and shook their hands.

City Manager Boroff and Councilor Bane replied to Mr. Franklin-White.

SPECIAL COMMITTEE REPORTS:

Councilor Byrne gave notification of the next Sunnyside Up meeting and reported the Garlow House Gala netted $6,000. Councilor Spencer spoke of the Dorsey Knob Lodge Lock-in and Mayor Justice noted the departure of WVU Vice President Scott Kelly.

NEW BUSINESS:

AN ORDINANCE AMENDING A LEASE AGREEMENT WITH TAILWINDS, INC. AS IT PERTAINS TO LEASING OF ADDITIONAL SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND TAILWINDS, INC. (LESSEE) AS IT PERTAINS TO THE LEASING OF ADDITIONAL SPACE, BY LESSEE, AT THE MORGANTOWN MUNICIPAL AIRPORT.

After discussion, motion by Miller, second by Scafella, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

A RESOLUTION TO OBTAIN $5,000.00 FROM THE LOCAL ECONOMIC DEVELOPMENT ASSISTANCE GRANT FOR IMPROVEMENTS PROJECT FOR THE ROSENBAUM FAMILY HOUSE TO PURCHASE COMPUTER EQUIPMENT: The above entitled Resolution was presented to Council for their approval:

Motion by Scafella, second by Manilla, to approve the above entitled Resolution. Motion carried 7-0.

A RESOLUTION TO OBTAIN $5,000.00 FROM THE LOCAL ECONOMIC DEVELOPMENT ASSISTANCE GRANT FOR THE GREATER MORGANTOWN COMMUNITY TRUST TO PURCHASE MAINTENANCE EQUIPMENT FOR DORSEY'S KNOB PARK: The above entitled Resolution was presented to Council for their approval:

Motion by Miller, second by Bane, to approve the above entitled Resolution. Motion carried 7-0.

A RESOLUTION TO OBTAIN $5,000.00 FROM THE LOCAL ECONOMIC DEVELOPMENT ASSISTANCE GRANT TO HELP PURCHASE THE DORSEY'S KNOB PROPERTY AND MAKE THIS LAND AVAILABLE TO RESIDENTS AS A CITY PARK AND RECREATION AREA: The above entitled Resolution was presented to Council for their approval:

Motion by Scafella, second by Miller, to approve the above entitled Resolution. Motion carried 7-0.

A RESOLUTION THAT SUPPORTS THE "INTERIM SOLUTION UPPER MON LOCK HOURS".

Motion by Scafella, second by Miller, to approve the above entitled Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

Attached you will find a memo from the Airport Director reporting bid results for a Foreign Object Damage Sweeper. I concur with his findings and recommend that the contract be awarded to the only bidder Sweepster, LLC for a cost of $15,822.

Motion by Scafella, second by Byrne, to accept the bid results and award the contract to Sweepster, LLC for a cost of $15,822. Motion carried 7-0.

Item No. 2:

The second attachment is a request from CASA for Kids for $3,000. Given the merits of this program, I recommend that the request be approved as part of the Capital Escrow Account budget.

Motion by Manilla, second by Bane, to approve the CASA for Kids request for $3,000. Motion carried 7-0.

Item No. 3:

The third attachment is a request from the 201^st Inf/FA Association for $300 to purchase POW/MIA, Marine, Army, Navy, Coast Guard, and Air Force flags to be flown at the Memorial site maintained by the Association. Given the importance of this site at an entryway to the City, I recommend that the request be granted from the Capital Escrow Account.

Motion by Scafella, second by Miller, to approve the 201^st Inf/Association request for $300 for flags. Motion carried 7-0.

Item No. 4:

The fourth attachment is a modest amendment to a Letter of Understanding with Mermaid, LLC. With this amendment the firm will be allowed to slightly expand a concrete pad adjacent to the Caperton Trail next to the Hotel (circled, black area in exhibit A and dark blue area in exhibit B). Given the improved service to the area, I recommend that the amendment be approved.

Motion by Miller, second by Scafella, to approve the amendment to the Letter of Understanding with Mermaid, LLC. Motion carried 7-0.

Item No. 5:

The fifth attachment is a proposal from BOPARC describing the Waterfront Summer Concert Series that will be held at Hazel Ruby McQuain Park. The series will include thirteen very special concerts open to the public in the Amphitheater culminating with the Wheeling Symphony on September 6, 2004. To help make this $48,500 initiative possible, BOPARC requests $10,000 from the Capital Escrow Account. The balance of the program will be financed by corporate sponsors. Given the very rich character of the series, I recommend that the request be granted.

Motion by Miller, second by Scafella, to approve BOPARC's request for $10,000 for the Waterfront Summer Concert Series. Motion carried 7-0.

Item No. 6:

The sixth attachment is a request from the Morgantown Area Youth Services Project for $9,500. Based upon the merits of the program, I recommend that the request be approved with Capital Escrow Account funds.

Motion by Spencer, second by Bane, to approve the Morgantown Area Youth Services Project request for $9,500. Motion carried 7-0.

Item No. 7:

The last attachment is a memo from the Assistant City Manager reporting the findings of the engineer design review committee for the $13,900,000 River Front Development Grant Program. Based upon the thorough work of the committee, I recommend that the contract be awarded to the Paradigm Architecture's Design Team for a cost of $1,945,000.

After discussion, motion by Miller, second by Manilla to award the contract to the Paradigm Architecture's Design Team for a cost of $1,945,000. Motion carried 7-0.

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS :

Councilor Bane: Councilor Bane commented on stormwater frustrations and community involvement for the United Way Corporate Cup.

Councilor Manilla: Councilor Manilla mentioned Bane's picture in the newspaper, the vandalism of bridge lights and open meetings for MUB.

Councilor Scafella: Councilor Scafella reported the Wiles Hill School National Historic Register application is being sent to the federal level.

Councilor Miller: Councilor Miller remarked that it is very dark while driving on Monongahela Boulevard.

Councilor Byrne: Councilor Byrne observed the 50^th Anniversary of the Parking Authority and commended Tom Arnold and staff, asked if the city could help with MUB's responsibility for all ditches and water run-off, and spoke of the expected use of the Garlow House for literary and cultural events.

Councilor Spencer: No Report.

Mayor Justice: Mayor Justice announced future events, read the draft letter to recruit the review committee for building permits, and advised of the Dorsey Knob additional funding letter being sent to the Governor's office.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at

9:10 p.m.

_____________________________ __________________________________

City Clerk Mayor

*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.