REGULAR MEETING JULY 19, 2005:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 19, 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 (came in late), Don Spencer.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on July 5, 2005, were approved as amended.

CORRESPONDENCE:

Mayor Justice summarized College Avenue patching issues, a CASA funding request, a Story Corps project thank you letter, the City Manager's reply to Melrose Street conditions, three responses to proposed Council pay increase, a MAYSP funding request, a letter about stormwater runoff problems along Wagner Road, Jerry Lorenze's letter about another Clay Street meeting, 4^th of July activities letters from Greg Van Camp, President Hardesty and Shelly Moore Capito. Mayor Justice announced the new Sunnyside Up Director, Don Oaks, and the Legislative Interim meeting here in August, and asked Councilor Bane to attend the August FCI meeting.

PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE 371 OF THE TRAFFIC CODE WHICH PROHIBITS INDIVIDUALS FROM SOLICITING FROM ANY PERSON TRAVELLING IN A VEHICLE IN A PUBLIC RIGHT OF WAY:

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 hearing closed.

PUBLIC HEARING - AN ORDINANCE ANNULLING A 25' RIGHT OF WAY KNOWN AS LEE STREET FROM FALLING RUN ROAD APPROXIMATELY ONE HUNDRED AND THREE FEET TO A DEAD END IN THE THIRD 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 public hearing closed.

PUBLIC HEARING - AN ORDINANCE ANNULLING A 25' RIGHT OF WAY KNOWN AS SYCAMORE STREET FROM FALLING RUN ROAD APPROXIMATELY ONE HUNDRED SIXTY EIGHT FEET TO A DEAD END IN THE THIRD 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 public hearing closed.

PUBLIC HEARING - AN ORDINANCE CREATING A NEW ARTICLE 526 WITHIN THE GENERAL OFFENSES CODE; REGULATING PARKING WITHIN FRONT AND SIDE YARD AREAS OF PARCELS:

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 hearing closed.

UNFINISHED BUSINESS:

AN ORDINANCE AMENDING ARTICLE 371 OF THE TRAFFIC CODE WHICH PROHIBITS INDIVIDUALS FROM SOLICITING FROM ANY PERSON TRAVELLING IN A VEHICLE IN A PUBLIC RIGHT OF WAY: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING ARTICLE 317 OF THE CITY OF MORGANTOWN TRAFFIC CODE, BY ADDING A SECTION 371.10 THERETO WHICH PROHIBITS INDIVIDUALS FROM SOLICITING CONTRIBUTIONS OF MONEY OR OTHER PROPERTY FROM ANY PERSON TRAVELLING IN A VEHICLE WITHIN A PUBLIC RIGHT OF WAY.

Motion by Scafella, second by Miller, to adopt the above Ordinance. Motion carried 6-0. (Byrne Late.)

AN ORDINANCE ANNULLING A 25' RIGHT OF WAY KNOWN AS LEE STREET FROM FALLING RUN ROAD APPROXIMATELY ONE HUNDRED AND THREE FEET TO A DEAD END IN THE THIRD WARD: The following entitled Ordinance was presented for second reading.

AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 25' RIGHT OF WAY KNOWN AS LEE STREET EXTENDING FROM FALLING RUN ROAD APPROXIMATELY ONE HUNDRED AND THREE FEET TO A DEAD END IN THE THIRD WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.

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

AN ORDINANCE ANNULLING A 25' RIGHT OF WAY KNOWN AS SYCAMORE STREET FROM FALLING RUN ROAD APPROXIMATELY ONE HUNDRED SIXTY EIGHT FEET TO A DEAD END IN THE THIRD WARD: The following entitled Ordinance was presented for second reading.

AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 25' RIGHT OF WAY KNOWN AS SYCAMORE STREET EXTENDING FROM FALLING RUN ROAD APPROXIMATELY ONE HUNDRED SIXTY-EIGHT FEET TO A DEAD END IN THE THIRD WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.

After discussion, motion by Spencer, second by Miller, to adopt the above Ordinance. Motion carried 7-0.

AN ORDINANCE CREATING A NEW ARTICLE 526 WITHIN THE GENERAL OFFENSES CODE; REGULATING PARKING WITHIN FRONT AND SIDE YARD AREAS OF PARCELS: The following entitled Ordinance was presented for second reading.

AN ORDINANCE CREATING A NEW ARTICLE 526 WITHIN THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN; REGULATING THE PARKING OF MOTOR VEHICLES AND OTHER SPECIFICALLY NAMED PERSONAL PROPERTY WITHIN THE FRONT AND SIDE YARD AREAS OF PARCELS.

After discussion, motion by Scafella, second by Miller, to adopt the above Ordinance. Scafella read the minor amendment change to section 526.06 since the first reading. Motion carried 7-0.

BOARDS AND COMMISSIONS:

By acclamation, Jeff Wells was reappointed to the Fire Civil Service Commission.

PUBLIC PORTION:

Mike Holcomb, MESA Air Group, Charlotte, NC, discussed two proposals to provide central air service at the airport.

Gloria Pratt, 1265 Central Avenue, asked that R-1A zoning be discontinued as lots are too small.

Anita Lewis, 1253 Central Avenue, objected to the proposed number of Habitat houses on Jerome Street.

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

SPECIAL COMMITTEE REPORTS:

Mayor Justice spoke of the next Solid Waste Task Force meeting, Councilor Byrne mentioned that Sunnyside Up will be hiring a full-time Executive Director, and Councilor Spencer announced the Tree Board Ordinance Review meeting. Councilor Spencer asked about the Riverfront Marina planning and the City Manager gave an update.

NEW BUSINESS:

AN ORDINANCE AMENDING THE FY 2005-206 ANNUAL BUDGET AS APPLIES TO THE COAL SEVERANCE FUND: The following entitled Ordinance was presented for Council's approval.

AN ORDINANCE AMENDING THE FY 2005-2006 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE COAL SEVERANCE FUND.

After explanation by the City Manager, motion by Miller, second by Scafella, to pass the above Ordinance to second reading. Motion carried 7-0.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

The City of Westover has proposed that Morgantown and Westover merge street paving programs for the 2006 construction season to generate an economy of scale for both Cities. I entirely agree with this proposition and recommend that it be effected.

Motion by Spencer, second by Scafella, to merge the street paving program with Westover. Motion carried 7-0.

Item No. 2:

As reported, Comcast Cable Communications, LLC has forwarded FCC Form 394 notifying the City that it intends to acquire Adelphia Communications. As per Federal and State laws, the City has reviewed the form and supporting information and finds that everything is in order. To continue the process, I recommend that the City hold a Public Hearing on the matter on August 16, 2005, as allowed by State law. Special Note: The City's role in this process is to determine if the acquiring party has the financial, technical, and legal qualifications to administer the franchise. The FCC allows the City to consider this transaction but requires a resolution by October 10, 2005. If the City fails to act, the proposal will be exclusively examined by the FCC).

Motion by Bane, second by Manilla, to hold a Public Hearing on Comcast Cable Communications, LLC. Motion carried 7-0.

Item No. 3:

Attached is a memo from the Public Works Director reporting salt bids for 2005. I agree with her comments and recommend that the contract be awarded to the low bidder Central Salt for $46.29 per ton (approximate price as last year).

After discussion, motion by Scafella, second by Byrne, to accept the contract for salt. Motion carried 7-0.

Item No. 4:

The second attachment is a memo from the Community Development Director reporting bid results for the James and Darst Street Sidewalk Project. I agree with his comments and recommend that the contract be awarded to the low bidder Murphy Consolidated Ind. for $105,469.81

After discussion, motion by Byrne, second by Bane, to grant the contract to Murphy Consolidated Ind. Motion carried 7-0.

Item No. 5:

The third attachment is a request for a fair and festival permit to allow the outdoor sales of beer and wine. Since this is a private, for profit venture, I recommend that the request be denied.

After discussion, motion by Scafella, second by Miller, to deny the fair permit. Motion carried 7-0.

Item No. 6:

The fourth attachment is a letter from the U.S. Department of Transportation reporting on essential air service proposals the Department has received concerning commercial service at the Morgantown Airport. As coordinated with other affected, area airports, I recommend that the City aggressively endorse the Regions Air proposal option 2 providing for three, daily, round trip flights to Cincinnati. This option provides more feasible, market conditions, a superior aircraft, and interface with national service and fare systems (currently being negotiated with Delta). It also is probably the most competitive in terms of being funded.

After discussion, motion by Scafella, second by Byrne, to endorse the proposal from Regions Air. Motion carried 6-1. (Spencer voted NO.)

Item No. 7:

The last attachment is another memo from the Community Development Director reporting bid results for new entrance doors for City Hall, the Finance Department, and the City Library that will be in compliance with ADA requirements. I agree with the Director's findings and recommend that the contract be awarded to the only bidder Norton Closers for $23,868.

Motion by Scafella, second by Byrne, to award the ADA doors contract to Norton Closers for $23,868. Motion carried 7-0.

CITY CLERK'S REPORT:

City Clerk Little announced the Annual Hot Dog Sale.

CITY ATTORNEY'S REPORT:

City Attorney Fanok will prepare an intergovernmental agreement ordinance for the paving program with Westover.

REPORT FROM COUNCIL MEMBERS (Reverse Order):

Councilor Spencer: Councilor Spencer reported concerns with Beechurst paving and crosswalks and the lack of assessed penalties on the Property Maintenance Report.

City Manager Boroff explained that owners have 20 days to bring the problem into compliance.

Councilor Byrne: Councilor Byrne discussed the development in 6^th Ward for affordable housing and R-1A zoning concerns; addressed options for rental property other than a regulatory approach and noted lights are out again on the Boulevard.

Councilor Miller: Councilor Miller requested crosswalks to the parking lots at B&E, Life Sciences, and Hodges Hall; discussed the Planning Commission special meeting on a gambling control ordinance; asked for a DOH update on pedestrian crossings for the CAC and for some powerful streetlights on both sides of the road.

Councilor Scafella: Councilor Scafella explained the DOH has a plan for Beechurst Avenue; asked about the street lighting initiative; spoke of the paving alliance with Westover and the Housing Bank presentation; and asked about Allied Services.

City Manager Boroff replied that Allegheny Power has agreed to review the street lighting for the entire city but it will be a multi-year project and noted that the name change from BFI to Allied Services actually took place four years ago.

Councilor Manilla: Councilor Manilla requested sidewalk maintenance of the Walnut Street bridge by the DOH and commented on the new Pleasant and Spruce Street traffic patterns.

Councilor Bane: Councilor Bane reported the retaining wall on Hite is being repaired; noted potholes; asked who to call for others' tree problems; voiced concerns with the Spruce and Pleasant turning lanes and missed garbage pickups.

City Manager Boroff responded that they should call the City Manager's Office with the address.

Mayor Justice: Mayor Justice requested maintenance citations be reported to Council; noted that R-1A zoning was to stabilize neighborhoods; advised that there will be no island on Patteson Drive but the MPO has not heard back from DOH re: the CAC crossing; welcomed the Journalism class; noted the legislative interim dates and, with Council's concurrence, canceled the July COW.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:16

p.m.

_____________________________ __________________________________

City Clerk Mayor

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