REGULAR MEETING JANUARY 16, 2007:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, January 16, 2007, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, 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 January 2, 2007, were approved as printed.

CORRESPONDENCE: 

            Mayor Justice presented a Righteous Diplomats Week proclamation to Dr. Mary Haas and presented a Retirement Plaque to Fire Captain Max Humphreys for 30 years of service.

UNFINISHED BUSINESS:

BOARDS AND COMMISSIONS:

            No Business.

PUBLIC PORTION:

            Richard Sutter, 1248 Fairlawns Avenue, presented a petition with 403 signatures for amending R-1 zoning to exclude Bed and Breakfasts, Guest Houses, and Professional Services.

            Beth Phillips, Scott’s Run Settlement House, thanked City for donation; listed events; and noted they served 5,000 people in 2006.

            Sam Chico, spoke of the integrity of the WV Public Theater Board; thanked members and City for making this available.

            Howard Emerson, 1293 Fairlawns Avenue, has signed the petition and spoke of multi-use zoning.

            Dr. James Frost, 481 Rotary Street, spoke of conditional uses as spot zoning, time length of use and the notification area.

            Bobby Justiss, 125 Sherman Avenue, commented on public notification and questioned why the zoning ordinance was revised.

            Judith Stitzel, 449 Devon Road, requested reviewing the zoning ordinance.

            James Giuliani, 256 Prairie Avenue, addressed input from different sources and the WV Public Theater.

            Mayor Justice closed the public portion on the zoning issue and opened the floor for Council’s comments.

            Mayor Justice reopened the public portion for other issues.

            Charles Harrington, 1450 Mayfield Avenue, spoke about future Veterans’ Day parades and asked for a public apology for Morgantown canceling the parade.

            Larry Bowser, 1360 Bitonti Street, commented on future Veterans’ Day parades.

            Mayor Justice apologized to the families and explained the parade permit process and why the parade was canceled.

            Steve Lacagnin, WV Public Theater Board Treasurer, gave a presentation of the use of city funds.

            Tom Rogers, WV Public Theater Board President, clarified that the $400,000 for construction is now in an escrow account.

            James McCartney, WV Public Theater Board Vice President, spoke of putting things in perspective.

            Joshua Rutkowski, S. High Street, encouraged passage of the Mayors Clean Air Agreement.

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

SPECIAL COMMITTEE REPORTS:

            Councilor Spencer addressed the Neighborhood Coordinating Council meeting. Mayor Justice thanked everyone for Martin Luther King Day events and submitted the Airport Advisory Committee recommendations.

NEW BUSINESS:

            A RESOLUTION THAT THE CITY OF MORGANTOWN APPLY FOR A GRANT TO FUND IMPROVEMENTS ON HIGH STREET, FROM WALNUT STREET TO PLEASANT STREET IN DOWNTOWN MORGANTOWN: The above entitled Resolution was presented for Council’s approval:

            After the City Manager’s explanation, motion by Scafella, second by Bane, to approve the above entitled Resolution. Motion carried 7-0.

CITY MANAGER”S REPORT:

INFORMATION:

Item No 1:

I am pleased to report that the Insurance Services Office has awarded the Morgantown Code Enforcement Department a Building Code Effectiveness Grading Schedule Classification of 3 for commercial and industrial property and a Class 3 for one and two family residential property (scores can range from 1 to 10 with 1 being the best). This is the highest class rating awarded in West Virginia (see attachment reporting classes for 37 WV Cities) and places the Code Enforcement Department in the top 15% of such Departments in the country. This independent, external evaluation speaks very well of the training, expertise, and effectiveness of the Code Enforcement Department. It also means that building owners in the City can enjoy more attractive insurance rates by virtue of this Department’s performance of its duties.

Item No 2:

As requested by Council, Allied Waste has received 150 new dumpsters to be placed throughout the City. To date, 16 have been placed at service sites. As additional dumpsters are replaced, I will keep you advised.

NEW BUSINESS

Item No 1:

The second attachment is a letter from the Morgantown Theatre Company requesting funding for construction projects improving the Met Theatre. In the letter, reference is made to Council approval of the projects. In checking Council minutes though, no record of a formal approval can be found. Given the merits of the project; City staff recall that the project was favorably considered by Council; and the important contribution this group has made to the Met and the community, I recommend that the request be granted for $8,699.82 (there is no abatement of B & O construction taxes).

            Motion by Byrne, second by Miller, to approve the $8,699.82 for construction purposes to the Morgantown Theater Company. Motion carried 7-0.

Item No 2:

The third attachment is a memo from the Airport Director reporting the results of a Request for Proposals issued by the U. S. Department of Transportation for commercial air service at the Morgantown Airport. The memo describes the three responses that the Department received. Based upon destinations; types of aircraft; experience; public comments; consultation with other affected airports; funding feasibility; and other pertinent factors, I recommend that the City request the Department of Transportation to award a two year, annual subsidy of $2,421,914 to Colgan Air, Inc. to provide the service. This company will provide service to Pittsburgh with three flights per weekday and two flights per day on week-ends using Saab-340 airplanes and connect with US Airways.

            After discussion, motion by Miller, second by Spencer, to request the Department of Transportation to award Colgan Air, Inc. to provide the service. Motion carried 7-0.

Item No 3:

The last attachment is a memo from the Public Works Director suggesting streets and projects for the 2007 Street Paving Program. This year, the City again will join with Westover in one paving program to serve both Cities. Based upon the $400,000 available for the program, I recommend that the proposed list with contingencies be approved.

            After discussion, motion by Byrne, second by Miller, to approve the 2007 Street Paving Progam. Motion carried 7-0.

CITY CLERK'S REPORT:

            Attached for Councils’ approval are the two Ballot Commissioners and list of poll-workers for the April 24, 2007 Election.

            Motion by Scafella, second by Byrne, to approve the Ballot Commissioners and the list of poll-workers as provided. Motion carried 7-0.

CITY ATTORNEY'S REPORT:

            No Report.

REPORT FROM COUNCIL MEMBERS (Reverse Order):

Councilor Spencer:                                         Councilor Spencer commented on a Neighborhood Watch Committee meeting, the day care center service crisis, Legion and Junior stormwater issue, and requested zoning changes, wireless service and Building Permit Process be on COW agendas.

Councilor Byrne:                                            Councilor Byrne urged integrating business and residential uses in zoning and noted dilapidated structures.

Councilor Miller:                                            Councilor Miller noted the many meetings for revising the zoning ordinance and addressed Veterans’ Day and educated participation.

Councilor Scafella:                                         Councilor Scafella gave an update on the Senior Center; discussed parking on sidewalks and litter at Stewart Street.

Councilor Manilla:                                         Councilor Manilla requested Forest Street from Spruce to High be one-way.

Councilor Bane:                                             Councilor Bane addressed seeing the WV Public Theater documents for the first time.

Mayor Justice:                                                Mayor Justice noted the Erickson Center holding pond; thanked Planning Commission for zoning ordinance work; mentioned un-emptied dumpsters; and discussed the MPO transportation plan, short-term fixes, the D. C. meeting and responses from state level.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:10 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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