REGULAR MEETING JUNE 19, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 19, 2007, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Secretary Donna Roberts, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer. (City Clerk Linda Little ABSENT.)
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on June 5, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice read the City’s opposition letter on proposed transmission lines and announced the July 3rd meeting will be on July 2nd. Councilor Miller presented proclamations to Ben Taylor and Jamie Lester, and read a letter of support for Mr. Lester. Mayor Justice presented service plaques to Jim Rockis, Councilor Miller, and Councilor Scafella.
PUBLIC HEARING - AN ORDINANCE ANNULLING A 30' RIGHT-OF-WAY 225' BETWEEN FOURTH STREET AND FOUR ½ STREET IN 4TH 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 ESTABLISHING RATES OF COMPENSATION FOR FY 2007-2008:
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 AMENDING LONGEVITY, SHIFT DIFFERENTIAL & 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 public hearing closed.
PUBLIC HEARING - AN ORDINANCE INCREASING THE FIRE SERVICE PROTECTION FEE:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced ordinance.
Joe Panico, Beechurst Avenue, spoke against increasing the fee.
There being no more appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING - AN ORDINANCE AMENDING THE FY 2006-2007 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND:
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 - RESOLUTION AND ORDINANCE AUTHORIZING & DIRECTING ISSUANCE OF $8,615,000 OF SUBORDINATE TAX INCREMENT REVENUE BONDS TO FINANCE A PORTION OF A NEW PARKING GARAGE AND NEW EVENTS CENTER:
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 - PROPOSED CREATION OF TIF DISTRICT AS “THE CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO.1:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced TIF District creation and project plan.
There being no appearances or objections, Mayor Justice declared this public hearing closed.
PUBLIC HEARING - ORDINANCE CREATING THE MORGAN/HIGH STREET BID BETWEEN PLEASANT AND KIRK STREETS:
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 ANNULLING A 30' RIGHT-OF-WAY 225' BETWEEN FOURTH STREET AND FOUR ½ STREET IN 4TH WARD: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING AN EASEMENT AND RIGHT OF WAY BEING GRANTED BY THE CITY OF MORGANTOWN, GRANTOR, TO THE MORGANTOWN UTILITY BOARD, GRANTEE, AS THE SAME PERTAINS TO REALTY OWNED BY THE CITY OF MORGANTOWN LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AREA OF MORGANTOWN IN CLOSE PROXIMITY TO YOKE STREET AND FALLING RUN ROAD.
After discussion, motion by Scafella, second by Bane, to adopt the above entitled ordinance. Minor amendment by Scafella, second by Byrne, adding “until such time as the utilities located therein at the time of this abandonment are relocated to locations acceptable to the City Engineer,” in the first sentence of Section 1. Motion carried 7-0. Main motion carried 7-0.
AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR FY 2007-2008: The below entitled Ordinance was presented for second reading:
AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2007-2008.
Motion by Scafella, second by Bane, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING LONGEVITY, SHIFT DIFFERENTIAL & HAZARDOUS DUTY PAY: The below 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 Bane, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE INCREASING THE FIRE SERVICE PROTECTION FEE: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 747.02(a) OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN BY INCREASING THE FIRE SERVICE PROTECTION FEE.
After the City Manager’s explanation and discussion, motion by Byrne, second by Miller, to adopt the above entitled ordinance. Motion carried 6-1. (Manilla voted NO.)
AN ORDINANCE AMENDING THE FY 2006-2007 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 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 GENERAL FUND.
Motion by Byrne, second by Miler, to adopt the above entitled ordinance. Motion carried 7-0.
A RESOLUTION AND ORDINANCE AUTHORIZING & DIRECTING ISSUANCE OF $8,615,000 OF SUBORDINATE TAX INCREMENT REVENUE BONDS TO FINANCE A PORTION OF A NEW PARKING GARAGE AND NEW EVENTS CENTER: The below entitled Resolution and Ordinance was presented for second reading:
A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $8,615,000 AGGREGATE PRINCIPAL AMOUNT OF SUBORDINATE TAX INCREMENT REVENUE BONDS, SERIES 2007, OF THE CITY OF MORGANTOWN TO FINANCE A PORTION OF COSTS OF DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW PARKING GARAGE, A NEW EVENTS CENTER, AND ALL NECESSARY APPURTENANCES AND RELATED FACILITIES, AND OTHER EXPENSES AND COSTS RELATED THERETO AND TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A DEVELOPMENT AGREEMENT AND A BOND PLACEMENT AGREEMENT; AUTHORIZING DISTRIBUTION OF A PRIVATE PLACEMENT MEMORANDUM OR OTHER OFFERING DOCUMENTS; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS, INSTRUMENTS, AGREEMENTS AND CERTIFICATES; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVIDING PARAMETERS FOR THE PRINCIPAL AMOUNTS, MATURITIES, INTEREST RATES AND OTHER TERMS OF SUCH BONDS; AUTHORIZING THE MAYOR AND CITY MANAGER TO APPROVE A CERTIFICATE OF DETERMINATIONS RELATING TO THE FINAL TERMS OF THE BONDS; APPOINTING A TRUSTEE, REGISTRAR, PAYING AGENT AND OTHER PARTICIPANTS IN THE FINANCING; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS RELATING TO THE PROJECT AND ISSUANCE OF SUCH BONDS.
After the City’s Manager’s explanation and discussion, motion by Scafella, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Ernest Fortuna was reappointed to the Parking Authority.
PUBLIC PORTION:
Joe Panico, Beechurst Avenue, spoke for a time limit on the fire service fee increase and issues with the Fire Department.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne stated Jim Hunt is the new Sunnyside Up Director and noted changes in that area. Councilor Spencer spoke of the Neighborhood Coordinating Council meeting and implementing MPO projects.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF A PROPOSED RESOLUTION APPROVING THE SQUARE AT FALLING RUN TIF APPLICATION, AUTHORIZING THE SUBMITTAL OF SUCH APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE AND APPROVING A CONSTRUCTION BID MEMORANDUM OF UNDERSTANDING RELATING THERETO : The above entitled Resolution was presented for Council’s approval:
After requested description by the City Manager, motion by Byrne, second by Miller, to approve the above entitled Resolution. Motion carried 7-0.
AN ORDINANCE CREATING THE MORGAN/HIGH STREET BID BETWEEN PLEASANT AND KIRK STREETS: The below entitled Ordinance was presented for first reading:
AN ORDINANCE CREATING THE MORGAN/HIGH STREET BUSINESS IMPROVEMENT DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF MORGANTOWN; BETWEEN PLEASANT STREET AND KIRK STREET ALONG HIGH STREET, CREATING THE MORGAN/HIGH STREET BUSINESS IMPROVEMENT DISTRICT BOARD, AND ESTABLISHING PROCEDURES FOR CONTRACTING AND CONTROL OF FUNDS.
After discussion, motion by Scafella, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
Attached you will find a memo from the Public Works Director reporting that a section of High Street will be used to test a 4 inch, concrete overlay to be placed this summer by the Department of Highways (DOH). Although there is much merit for the test, it may also adversely mitigate the aesthetics of the $4,000,000 Streetscape project currently underway (half a block of concrete street in the middle of a blacktop street).
The rules were suspended for Mike Dugan to make a brief presentation and answer questions.
NEW BUSINESS:
Item No. 1:
The second attachment is a memo from the Airport Director reporting the bid result for a Security Key Gate System at the City Airport. I agree with the Director’s comments and recommend that the contract be awarded to the only bidder Allegheny Fence Construction Company for a total cost $30,524 (includes the alternates which will allow the devices to be programmed from a central location).
Motion by Scafella, second by Byrne, to approve the bid on the security gate at the airport. Motion carried 7-0.
Item No. 2:
The 911th Airlift Wing has announced its plans to vacate the building they occupy at the Morgantown Airport in November of this year. Consequently they have offered to give the building to the City of Morgantown. Given the significant potential for the reuse of the facility, I recommend that the City accept this generous donation.
Motion by Byrne, second by Manilla, to accept the donation of the building from the 911th Airlift Wing. Motion carried 7-0.
Item No. 3:
The third attachment is a letter from the Morgantown Theater Company requesting that a $9,000 insurance settlement be reinvested in the Met Theatre. Based upon the success of the Company and the merits of the project, I recommend that the request be granted.
After discussion, motion by Byrne, second by Miller, to approve the reinvestment of $9,000 in the Morgantown Theater Company section. Motion carried 7-0.
Item No. 4:
For the past several years, the City has granted the Community Coalition for Social Justice $1,000 to purchase books for the Morgantown Public Library that focus on environmental justice issues. The Coalition has recently requested that the program be duplicated this year. Given the past success in working with the Library, I recommend that the $1,000 contribution be approved.
Motion by Miller, second by Byrne, to allow $1,000 for environmental books for the library. Motion carried 7-0.
Item No. 5:
The fourth attachment is a memo from the Finance Director with copies of the Annual Reports for the fiscal year ended June 30, 2006 for the Morgantown Police and Fire Pension Funds, as required by State Law. Given the Finance Director’s comments, I recommend that the reports be approved and sent to the WV Treasurer’s Office.
Motion by Byrne, second by Miller, to approve the reports and send to the Treasurer’s Office. Motion carried 7-0.
Item No. 6:
The last attachment is a memo from the Public Works Director reporting the results of the selection process for the Design Criteria Developer to support the Design Build work necessary for the $22,000,000 Event Center. I agree with her comments and recommend that the work be awarded to N Visions, Inc. for $448, 250.
After the City Manager’s clarification and discussion, motion by Byrne, second by Miller, to approve the Design Build work necessary to N Visions, Inc. for $448,250. Motion carried 7-0.
Mayor Justice asked Councilor Scafella to chair the remainder of his last regular meeting.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane declared it was nice serving with both of you and good luck.
Councilor Manilla: Councilor Manilla relayed a sidewalk problem on Linnhurst Street; requested the status of MPO traffic alternatives; and commented that it was nice serving with Teresa and Frank; learned a lot from you.
City Manager Boroff replied that all the traffic recommendations are being studied.
Mayor Justice: Mayor Justice congratulated the Arts on the River festival, advised the floating fountain is in and of future events; noted Wiles Hill School will have a $45,000 capital request for completion with a possible July tour; and it was a pleasure to work with and learn from both of you.
Councilor Miller: Councilor Miller noted the Museum Commission will report at the COW; said she is glad Jim Hunt is here; and thanked all of Council and city employees for a rewarding experience.
Councilor Byrne: Councilor Byrne addressed a request from 29 Brookhaven Road; thanked Teresa for her compassion and concerns; thanked Frank for his commitment to housing and neighborhoods, notably R-1A and Wiles Hill Community Center; observed that Sunnyside Up was Frank’s idea; and declared that they will keep on serving the City in different ways.
Councilor Spencer: Councilor Spencer discussed the fire fee and other increases, the Complete Streets concept; mentioned BOPARC summer programs and the Suncrest NHA meeting; and thanked Teresa and Frank for their contributions to Council and the City.
Councilor Scafella: Councilor Scafella gave an update on the Senior Center; thanked the Mayor for the gracious gesture; thanked the people of the City and the City Manager (best in the country); reflected on trust in city government; quoted Ralph Waldo Emerson: “The reward of a job well done is to have done it.” and noted the gratification within for the way the City has developed; said the Wiles Hill project was undertaken because of love for the City and the effort to revitalize neighborhoods; will work on the story of the past 16 years in Morgantown, and R-1A: Protecting the Old Homestead is at the library.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:36 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.