REGULAR MEETING MARCH 6, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, March 6, 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 Absent)
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on February 20, 2007, were approved as amended.
CORRESPONDENCE:
Mayor Justice mentioned a Press Conference concerning the Met Theatre on 3-7-07 at 10am; presented a proclamation for Women’s History Month and reminded Council of the NH Watch Meeting on March 14th at 7pm. Councilor Manilla informed everyone of a Cool Cities Concert at the Blue Moose Café on March 8th.
PUBLIC HEARING ON AN ORDINANCE AMENDING ARTICLE 1361 OF THE PLANNING AND ZONING CODE:
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 ON AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN FOR CERTAIN REALTY ANNEXED INTO THE CITY BY RESOLUTION ON FEBRUARY 6, 2007:
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 ON AN ORDINANCE VACATING, ABANDONING AND ANNULLING A PORTION OF A 12' WIDE UNNAMED ALLEY IN THE FIRST 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 ON AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF REALTY, LOCATED IN THE SEVENTH WARD FOR USE BY THE MORGANTOWN UTILITY BOARD:
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 ON AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A .225 ACRE PARCEL OF REALTY, FOR USE BY THE MORGANTOWN UTILITY BOARD:
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 ON AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A 5.107 ACRE OF REALTY, FOR USE BY THE MORGANTOWN UTILITY BOARD:
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 1361 OF THE PLANNING AND ZONING CODE:
The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING ARTICLE 1361 OF THE PLANNING AND ZONING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CLARIFYING THE ADMINISTRATION OF THE “BUILD-TO” LINE IN THE SUNNYSIDE OVERLAY DISTRICTS AND TO PLAN FOR THE WIDENING OF BEECHURST AVENUE WITHIN THE EXISTING BEECHURST CORRIDOR OVERLAY DISTRICT AS RECOMMENDED BY THE GREATER MORGANTOWN METROPOLITAN PLANNING ORGANIZATION’S 2030 REGIONAL TRANSPORTATION PLAN.
Motion by Byrne, second by Scafella, to adopt the above Ordinance. Motion carried 6-0. ( Spencer Absent)
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN FOR CERTAIN REALTY ANNEXED INTO THE CITY BY RESOLUTION ON FEBRUARY 6, 2007:The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF MORGANTOWN FOR CERTAIN REALTY ANNEXED INTO THE CITY BY RESOLUTION ON FEBRUARY 6, 2007, AND CLASSIFYING SAME AS B-5 SHOPPING CENTER DISTRICT AS SHOWN ON THE EXHIBIT “A” HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
Motion by Scafella, second by Miller, to adopt the above Ordinance. Motion carried 6-0. ( Spencer Absent)
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A PORTION OF A 12' WIDE UNNAMED ALLEY IN THE FIRST WARD: The following entitled Ordinance was presented for second reading.
AN ORDINANCE VACATING, ABANDONING AND ANNULLING A PORTION OF A 12' WIDE UNNAMED ALLEY EXTENDING AND RUNNING A DISTANCE OF APPROXIMATELY EIGHTY TWO FEET FROM ROSE STREET TOWARD HESS STREET, IN THE FIRST WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
Motion by Miller, second by Byrne, to adopt the above Ordinance. Motion carried 5-0. ( Bane Abstained, Spencer Absent)
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF REALTY, LOCATED IN THE SEVENTH WARD BY THE MORGANTOWN UTILITY BOARD: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF REALTY, LOCATED IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN, BY THE CITY OF MORGANTOWN AND FOR USE BY THE MORGANTOWN UTILITY BOARD.
Motion by Scafella, second by Byrne, to adopt the above Ordinance. Motion carried 6-0. ( Spencer Absent)
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A .225 ACRE PARCEL OF REALTY, FOR USE BY THE MORGANTOWN UTILITY BOARD: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A .225 ACRE PARCEL OF REALTY, LOCATED IN THE MORGAN TAX DISTRICT OF MONONGALIA COUNTY, BY THE CITY OF MORGANTOWN AND FOR USE BY THE MORGANTOWN UTILITY BOARD.
Motion by Byrne, second by Scafella, to adopt the above Ordinance. Motion carried 6-0. (SpencerAbsent)
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A 5.107 ACRE OF REALTY, FOR USE BY THE MORGANTOWN UTILITY BOARD: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF A 5.107 ACRE OF REALTY, LOCATED IN THE MORGAN TAX DISTRICT OF MONONGALIA COUNTY, BY THE CITY OF MORGANTOWN AND FOR USE BY THE MORGANTOWN UTILITY BOARD.
Motion by Byrne, second by Scafella, to adopt the above Ordinance. Motion carried 6-0. ( Spencer Absent)
BOARDS AND COMMISSIONS:
Motioned by acclamation to appoint Ron Hill to serve as the 7th ward candidate on the Planning Commission.
PUBLIC PORTION:
John Lemley, President City Fire Fighters Local 313, mentioned a letter that was sent to Council on February 26, 2007 concerning the Mutual Aid Agreement and spoke of concerns not only safety issues for the Fire Fighters but also the well-being of the citizens of Morgantown. Mr. Lemley clearly stated that the Fire Fighters object to this agreement but do not object to the Walmart Annexation.
Mark Thalman, Secretary City Fire Fighters Local 313, also spoke against the proposed agreement and mentioned that if the future bordering areas were annexed into the City, other Fire Departments would ask for money if the City were to agree to the Clinton District VFD’s request.
Louis Birurakis, 435 Cobun Ave, questioned why Council was passing all these Ordinances this evening with MUB considering all the sewer problems at Poponoe Run. Mr. Biruakis stated he is tired of dealing with this and has turned this over to the Public Service Commission.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Miller noted that at the Planning Commission Meeting zoning issues and concerns of the 4th and 7th ward Neighborhoods will be discussed during the meeting on Thursday at 6:30 p.m.
NEW BUSINESS:
AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR FY 2007-2008: The above entitled Ordinance was presented for first reading.
AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2007-2008.
Motion by Manilla, second by Scafella to pass the above entitled Ordinance to second reading. Motion carried 6-0. ( Spencer Absent)
CONSIDERATION OF APPROVAL OF RESOLUTION AUTHORIZING THE MORGANTOWN HOUSING AUTHORITY TO ACT ON THE CITY’S BEHALF AS A PARTICIPANT IN HOUSING AND URBAN DEVELOPMENTS’ ONE DOLLAR($1) INITIATIVE:
Motion by Byrne, second by Miller, to approve the above Resolution. Motion carried 6-0. ( Spencer Absent)
CITY MANAGERS REPORT:
INFORMATION:
Item No 1:
Allied Waste continues to replace old, commercial trash containers throughout the City. To date, 55 new containers have been put in place.
NEW BUSINESS:
Item No 1:
The Town of Star City has adopted plans for the John F. Kennedy Memorial Park to serve as a regional facility to be constructed on City property. As way of support for our sister City in promoting regional benefits, I recommend that $3,000 be made available to Star City to be applied to the project.
Motion by Byrne, second by Bane to approve $3,000 to support plans for the John F. Kennedy Memorial Park. Motion carried 6-0. ( Spencer Absent)
Item No 2:
Attached is a memo from the Public Works Director reporting results of a request for proposals for design engineering of the Lower Walnut Street Project. I agree with her comments and recommend that the contract be awarded to Paradigm Architecture for a cost of $55,500.
After discussion, motion by Byrne, second by Scafella that the contract for the Lower Walnut Street Project be awarded to Paradigm Architecture for $55,500. Motion carried 6-0. ( Spencer Absent)
CITY CLERK'S REPORT:
City Clerk gave an update on the April 24, 2007, General Municipal Election.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Mayor Justice: Councilor Spencer is absent this evening because he is working with Lisa Dooley at the Legislature on the Home Rule Bill. We appreciate his work for this is one of the most important piece of legislation as a City in my history on City Council.
Councilor Bane: Councilor Bane commented that he supports the Fire Fighters on their concerns on the MAA with Clinton Fire District. Councilor Bane requested new Developers come to the next
COW, and also the County Planner come to the next COW.
Mayor Justice: Requested the City Manager give an update on the Clinton Fire District issue.
City Manager: Clinton Fire District contacted City and County with their concern that they respond to that area and collected from insurances from accidents. And were concerned about the financial issue. A meeting was held where it was discussed that City Fire Fighters would be the main responders and Clinton District would be backup. In reference to the financial loss there is the potential of $5,000 per annual basis from the County Commission; but none of this is final and the Clinton District has had this agreement for a while and has not responded yet to that agreement.
After discussion & concerns from Council on the Walmart Annexation and the MAA Agreement with Clinton Fire District Council requested that the City Manager report back to Council once the County votes on the annexation on the 14th of March.
Councilor Manilla: Councilor Manilla mentioned TRASH; it is that time of year again so we need to jump on this and get WVU involved in the cleanup before Spring. Mayor Justice commented that Marissa Travinski and Jambi are working on a project County wide on the 28th of April and targeted the last week of classes during Earth Day. Marissa asked if City Council would inform the NH Associations. Councilor Manilla also noted that where Hog back turn is, the BOE buildings the trees were cut down and the buildings are exposed; this would not meet our code. City Manager Dan Boroff responded that they have plans to put new siding on those buildings this spring.
Councilor Scafella: Councilor Scafella commented that once again that parking on Stewart St this evening there were 5 cars on the sidewalk and requested that some special attention to it would be appreciated. Councilor Scafella reported that the construction job at Wiles Hill Senior center should be done by April.
Councilor Miller: Councilor Miller asked everyone to be sure to register to vote. Support the City Clerk and the City on April 24th, 2007, and vote during the General Municipal Election.
Councilor Byrne: No report.
Councilor Spencer: Absent
Mayor Justice: Mayor Justice thanked everyone who showed up to the Downtown Bus Garage Meeting. Mayor Justice once again reminded everyone about the announcement tomorrow at 10:00am at the Met. Theatre.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:20 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.