REGULAR MEETING JUNE 21, 2005:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 21, 2005, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda 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 7, 2005 were approved as printed.
SPECIAL PRESENTATION: Delegate Bob Beach presented a $5,000 grant from the Governor and House of Delegates for the West Virginia Botanic Garden.
CORRESPONDENCE:
Mayor Justice announced BOPARC Seniors picnic invitation; read the Governor's welcome letter for the Waterfront Gala and congratulations for the WV Public Theatre's Lifetime Achievement Award; announced July 4th events; Dorsey Knob fund raiser and dedication; thanks from Alan Sharp for the Star City Community Playground; congratulated City Manager Boroff for the Edith Barill Award; Public Theatre and Marina meeting and Jerry Lorenze letter for underground utilities.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS 365.03 AND 365.99 OF THE TRAFFIC CODE, AND ADDING A NEW SECTION 365.12, AS THE SAME APPLY TO ILLEGAL PARKING AND PENALTIES REGARDING MUNICIPAL OFF STREET PARKING FACILITIES.
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 portion closed.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS 767.02 AND 767.08 OF THE BUSINESS AND TAXATION CODE AS THE SAME APPLY TO THE AMOUNT OF THE HOTEL OCCUPANCY TAX AND ALLOCATION OF SUCH MONEY RECEIVED BY THE CITY.
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 portion closed.
PUBLIC HEARING-AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2005-2006.
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 portion closed.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.
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 portion closed.
PUBLIC HEARING-AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO LEASE CITY REALTY, WITHIN WHAT IS KNOWN AS THE STADIUM LOOP OF UNIVERSITY AVENUE TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR USE AS A PARKING LOT.
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 portion closed
PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 149.02 OF THE ADMINISTRATIVE CODE INCREASING THE MEMBERSHIP ON THE CITY'S BOARD OF PARK AND RECREATION COMMISSIONERS FROM 5 TO 7 MEMBERS.
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 portion closed
UNFINISHED BUSINESS:
AN ORDINANCE AMENDING SECTIONS 365.03 AND 365.99 OF THE TRAFFIC CODE, AND ADDING A NEW SECTION 365.12, AS THE SAME APPLY TO ILLEGAL PARKING AND PENALTIES REGARDING MUNICIPAL OFF STREET PARKING FACILITIES: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING SECTIONS 365.03 AND 365.99 OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN, AND ADDING A NEW SECTION 365.12 THERETO, AS THE SAME APPLY TO ILLEGAL PARKING AND PENALTIES REGARDING MUNICIPAL OFF STREET PARKING FACILITIES.
After discussion, motion by Byrne, second by Scafella, to adopt the above Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING SECTIONS 767.02 AND 767.08 OF THE BUSINESS AND TAXATION CODE AS THE SAME APPLY TO THE AMOUNT OF THE HOTEL OCCUPANCY TAX AND ALLOCATION OF SUCH MONEY RECEIVED BY THE CITY: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING SECTIONS 767.02 AND 767.08 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLY TO THE AMOUNT OF THE HOTEL OCCUPANCY TAX AND ALLOCATION OF SUCH MONEY RECEIVED BY THE CITY.
After discussion, motion by Spencer, second by Bane, to adopt the above Ordinance. Motion carried 7-0.
AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2005-2006: 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 2005-2006.
Motion by Scafella, second by Byrne, to adopt the above Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES BY INCREASING THE MONETARY AMOUNTS WITHIN EACH: 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 Byrne, second by Miller, to adopt the above Ordinance. Motion carried 7-0.
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO LEASE CITY REALTY, WITHIN WHAT IS KNOWN AS THE STADIUM LOOP OF UNIVERSITY AVENUE TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR USE AS A PARKING LOT: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO LEASE CITY REALTY, WITHIN WHAT IS KNOWN AS THE STADIUM LOOP OF UNIVERSITY AVENUE TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR USE AS A PARKING LOT.
After discussion, motion by Scafella, second by Miller, to adopt the above Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 149.02 OF THE ADMINISTRATIVE CODE INCREASING THE MEMBERSHIP ON THE CITY'S BOARD OF PARK AND RECREATION COMMISSIONERS FROM 5 TO 7 MEMBERS: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING SECTION 149.02 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN AND INCREASING THE MEMBERSHIP ON THE CITY'S BOARD OF PARK AND RECREATION COMMISSIONERS FROM 5 TO 7 MEMBERS.
After discussion, motion by Scafella, second by Spencer, to adopt the above Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
A letter from the Monongalia County Commission on their appointments to the new MRTC Allen Sharp, Bob Musick and Commissioner Asel Kennedy. By acclamation, Council appointed the following BOPARC Board: Robert Clonch and Patricia Watson and Museum Commission: Virginia Evans, Christy Evans, Richard McEwuen, Daryl Degripp, Pamela Ball, Katherine Bankole, Larry Sypolt and Teresa Miller as the City Council Representative.
PUBLIC PORTION:
Paul Brown, 428 Grand Street, requested a Resolution for Green Morgantown Declaration and presented supporting documents.
Tom Bloom, 1021 Ashton Drive, spoke of concerns with the traffic light at Prairie and University Avenues.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne meeting for the Morgantown sign in Sabraton, Councilor Spencer Tree Ordinance meeting and Mayor Justice Solid Waste Task Force meeting.
NEW BUSINESS:
RESOLUTION TO ADOPT AS PART OF THE FIVE YEAR CONSOLIDATED PLAN, THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE WHICH SATISFIES THE REQUIREMENTS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 24CFR PART 570: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Byrne, second by Scafella, to approve the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
The City has been notified that Time Warner Cable Inc. and Comcast Corporation have entered into agreements with Adelphia Communications that will result in Comcast assuming 100% control of the cable television system in Morgantown (should be effective February, 2006). As per FCC regulations, the City has 120 days to study this transaction and determine if its consent is required. Materials associated with this proposal will be reviewed and a recommendation will be presented to Council in the near future. Special Note: If this transaction is completed, Comcast will be obligated to accept the existing Morgantown Cable TV Franchise Agreement and administer it just as Adelphia does.
NEW BUSINESS:
Item No. 1:
Recently several veterans organizations have reported a scheduling problem for the Veterans' Day Parade conducted each November 11th. The current City policy requires parades to start at 6:00 p.m. The principal Veterans' Day event though is the ceremony at the Court House conducted at the "11th hour of the 11th day of the 11th month". The organizations make the point that the Parade would serve everyone much better if it was conducted at 10:00 a.m. on that day and lead directly into the ceremony. I believe that they are entirely correct and after conferring with Main Street, recommend that the Parade start at 10:00 a.m.
Motion by Byrne, second by Bane, to approve that the Veterans Day Parade start at 10:00 a.m. Motion carried 7-0.
Item No. 2:
By recent action, City Council has transferred $809,115 into the Capital Escrow Account. With this deposit, I recommend that the following projects be funded: $200,000 for the Street Paving Program; $65,000 for a Public Works Dump Truck; $25,000 for a City Hall copier; $38,000 for the Main Street Way Finder System; $36,000 for renovations to the Donley Building (Main Street Offices); $25,000 to complete the BOPARC Dog Park; $10,400 for a Rail Trail equipment grant match; $400,000 for the obligation to the West Virginia Public Theater; and $9,715 for contingencies.
After discussion, motion by Byrne, second by Miller, to approve above projects Council already approved with amendment to add $8, 215 for Ice Rink Floor & $1500 to Casa for Kids transfer $809,115 into the Capital Escrow Account and move forward in funding projects. Motion carried 7-0.
Item No. 3:
Attached you will find a memo from the Police Chief reporting bid results for Police uniforms and related equipment. I agree with his findings and recommend that the contract be awarded to the low bidder Trapuzzano's Uniforms.
Motion by Miller, second by Scafella, to approve the contract to Trapuzzano's Uniforms the low bidder for Police Uniforms. Motion carried 7-0.
Item No. 4:
The second attachment reports the results of a request for qualifications to design engineer the Patteson Drive Sidewalk Project ($200,000 available). I agree with the finding and recommend that the contract be awarded to Greenhorne & O'Mara, Inc. For a cost of $31,600.
After discussion, motion by Byrne, second by Scafella, to approve the contract be awarded to Greenhorne & O'Mara Inc. for the Patteson Drive Sidewalk Project. Motion carried 7-0.
Item No. 5:
The last attachment is a letter from the project administrator for the Marina Project. Within it, he describes the need for geotechnical and soil boring services to support the design work. Based upon his comments and the scope of work included, I recommend that the work be authorized for a cost of $35,720 to be paid from State Economic Development Funds and be performed by Potesta Associates.
Motion by Byrne, second by Scafella, to approve Potesta Associates to perform geotechnical and soil boring services for the Marina Project. Motion carried 7-0.
Item No. 6:
City Manager Dan Boroff commented that at the Convention and Visitors Bureau meeting last night was a total surprise and I am very appreciative and thank you very much.
CITY CLERK'S REPORT:
City Clerk Little gave a reminder of the pepperoni roll fund-raiser.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane gave an update in the Hite Street wall and look at exterior maintenance on Jones Avenue.
Councilor Manilla: Councilor Manilla agreed with Tom Bloom on the Prairie Avenue traffic signal and requested maybe putting on the flash signal at Prairie before there is an accident.
City Manager explained that legally the City has very few options since this is a DOH light.
Councilor Scafella: No report.
Councilor Miller: Councilor Miller suggested an idea educating renters about rules and limiting Hot Spots; City Manager Dan Boroff commented that the City Attorney is doing research on that now and a draft ordinance should be coming to Council soon. Councilor Miller also mentioned a Planning Commission idea of flags and barrels on each side of the street for crosswalks.
Councilor Byrne: Councilor Byrne calls on yellow paint striping in South Park; regulate signage for Hot Spots; regulation of rental housing; a reminder of Sabraton businesses meeting.
City Attorney Fanok commented that the City is complying with state law when it comes to the yellow lines.
Councilor Spencer: Councilor Spencer mentioned the new commercial building that replaced the gas station on Collins Ferry Road; requested money for enhancing street patching for concrete streets in 4th & 7th ward; rental property solutions need to be addressed at our legislature in order to make any changes locally; suggested that changes be made to address a better cable company with high speed internet access and lower monthly costs; suggested a need in having a better grip on Home Rule for more change in the community and encouraged Neighborhood Associations to meet this summer and forward in suggestions/concerns they have to the City.
Mayor Justice: Mayor Justice ice rink opening; problems with restripping Richwood Avenue; NAACP event; Ms. WV from City; Rawley speed limit issues; DOH work islands on S. University look bad and requested the City Manager write a letter.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:00p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.