REGULAR MEETING JULY 1, 2008:

 

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 1, 2008 at 7:30 p.m.

 

PRESENT: City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members: Ron Justice, Jenny Selin, Don Spencer, Charlie Byrer, Ron Bane, Bill Byrne, and John Gaddis.

 

The meeting was called to order by City Clerk Little.

 

ELECTION OF MAYOR AND DEPUTY MAYOR:

           

            Motion by Byrne, second by Bane to elect Ron Justice as the Mayor. Motion carried 7-0.

 

            Motion by Bane, second by Byrer to elect Don Spencer as the Deputy Mayor. Motion carried 7-0.

 

City Clerk Little administered Mayor Justice’s and Deputy Mayor Spencer’s respective oaths of office.

 

APPROVAL OF MINUTES: Minutes from the regular meeting on June 17, 2008 were approved as printed.

 

CORRESPONDENCE:   Mayor Justice reviewed the activities planned for the 4th of July Holiday, and thanked the Council for their votes and confidence in himself and Councilor Spencer.

 

UNFINISHED BUSINESS:

 

            BOARDS AND COMMISSIONS:    The following reappointments were made by acclamation: James Gianola to the Fire Civil Service Commission and Sarah Stevenson to the Personnel Board. Hugh Kierig was appointed by acclamation to the Mountain Line Transit Authority.

 

            Councilor Spencer and Mayor Justice discussed the changes and updates concerning the Transit Authority and the MPO.

 

NEW BUSINESS:

 

            AN ORDINANCE vacating, abandoning and annulling a portion of fourth street: The below entitled Ordinance was presented for first reading:

 

            AN ORDINANCE vacating, abandoning and annulling a portion of fourth street, being a 40’ right of way and running a distance of approximately one hundred feet from grant avenue to an unnamed alley in the fourth ward of the City of Morgantown, Monongalia county, west Virginia, not used nor useful for street purposes.

 

            Per a request from the land owner and applicant, the above entitled Ordinance was removed from the agenda and will be placed back on at a later date.

 

            AN ORDINANCE AMENDING the building and housing code: The below entitled Ordinance was presented for first reading:

 

            AN ORDINANCE AMENDING section 1751.04 of the building and housing code of the City of Morgantown by adding new subsection 1751.04 (h) thereto, addressing occupancy and use of exterior, roofed areas of structures.

           

            After discussion, motion by Selin, second by Byrne to pass the above entitled Ordinance to second reading; with the minor amendment to increase the monetary amount of the fine therein to not less than $100. Motion carried 7-0.

            AN ORDINANCE granting a franchise to ntelos of west Virginia, inc.  for telecommunication services: The below entitled Ordinance was presented for first reading:

 

            AN ORDINANCE granting a non-exclusive telephone franchise to ntelos of west Virginia, inc. for the use of the streets and other public rights of way of the City of Morgantown, west Virginia, for the purpose of constructing, installing and maintaining network facilities for telecommunication services within the city of Morgantown.

 

            After discussion, motion by Bane second by Spencer to pass the above entitled Ordinance to second reading. Motion carried 7-0.

 

PUBLIC PORTION:  There being no appearances, Mayor Justice declared this public portion closed.

 

SPECIAL COMMITTEE REPORTS:            None.

 

CITY MANAGERS REPORT:  

 

INFORMATION:

Item No 1: Typically Allied Waste collects trash on a one day delayed basis following National Holidays for the balance of that week.  This year though, a special arrangement has been made with local landfills to collect trash on the Fourth of July rather than the following Saturday.  The company will publicize this schedule and will also have a crew available on Saturday in the event someone is not informed.

 

NEW BUSINESS:

Item No 1: Attached you will find a memo reporting a proposed budget amendment for the Capital Escrow Account.  Based upon priorities identified by Council, I recommend that the amendment be approved.

 

            Motion by Bane, second by Byrne to approve proposed budget amendment for the Capital Escrow Account of $172,000 High Street District Project; $540,000 North Side Fire Station; $60,000 for BOPARC contingency list;  $500,000  to  place in escrow for the Municipal Complex and $128, 000 in Capital Escrow Account Contingency.

Motion carried 7-0.

 

Item No 2: The second attachment is a proposed agreement that would allow for the placement of public art on private property.  Based upon the merits of this initiative, I recommend that the agreement be authorized for use as opportunities are realized (individual projects will be presented to Council for consideration).

 

            Motion by Byrne, second by Bane, to approve proposed agreement of public art on private property.  Motion carried 7-0.

 

Item No 3: The last attachment is a proposed agreement that would allow for City participation in planting trees on private property.  Based upon the benefits of expanding the City=s urban forest, I recommend that the agreement be authorized for use as opportunities are realized.

 

            Motion by Byrne, second by Bane, to approve proposed agreement of planting trees on private property.  Motion carried 7-0.

 

CITY CLERK'S REPORT:   City Clerk Little introduced Deputy Clerk Bethany Quinn who was in attendance that evening to watch the election of the Mayor and Deputy Mayor.

 

CITY ATTORNEY'S REPORT:   No report.

 

 

 

REPORT FROM COUNCIL MEMBERS: 

 

Councilor Bane                                                 Councilor Bane restated his comments from the last Council Meeting, citing his frustrations with the Sunnyside Up program and their hiring of extra summer helpers. He continued to explain that his new concern with Sunnyside is that citizens know the proper channels to go through when requesting, permits or work on buildings in the area.            

 

Councilor Gaddis                                               Councilor Gaddis thanked all the organizations that contributed to the Greenmont Neighborhood Association’s recent event including the Morgantown Housing Authority, BOPARC and Mainstreet Morgantown. He mentioned that the bridge on Route 7 near Brockway does not have a sidewalk or safe area for pedestrians to cross, and this should be brought to the attention of the Traffic Commission. He concluded by commending the Street Department for the timely replacement of missing stop and street name signs, informing of a few that currently need replacement.

 

Councilor Byrer                                                 Councilor Byrer indicated that there are some trees whose roots are growing up through sidewalks, and requested that the City Manager look into some iron grating to solve the problem. He mentioned a “No Parking” sign that has fallen and is lying down on Highland Alley. He told Council that the Stewart and Hoffman Street signs have been defaced and need restoration. Councilor Byrer made a suggestion that all titled employees be pictured on the Morgantown website to instill pride and confidence in both the Citizens and City Employees. He gave his condolences on behalf of the City to the Covax family who recently experienced a loss. He concluded his report by recognizing the 95th birthday of Ellen Bush, and the 28th birthday of his son, Mark Byrer.

 

Councilor Selin                                                  Councilor Selin announced the Suncrest Neighborhood Association’s covered dish picnic at Krepps Park on the 24th at 5:30 pm and Kid’s Day downtown on the 19th. She thanked MUB for paving the bridge on Laurel Street and informed everyone that Sunnyside up is funded half by WVU and half by the City of Morgantown. She mentioned that the Triathlon was a great event and that the local public theatre in Morgantown is exceptional.

                                               

Councilor Byrne                                                Councilor Byrne seconded Councilor Selin’s praises of public theatre. He also commended the work and event pulled off by all involved with the Greenmont Neighborhood Association, and Councilor Gaddis’ great leadership. He suggested that in future Comcast franchise agreements that the City continue to include low cost basic service. He concluded by supporting Sunnyside up and the relationship it has with the City and WVU. He stated that the upcoming TIF district will prove its worth once enacted.

 

Councilor Spencer                                             Councilor Spencer congratulated Councilor Gaddis on the success of his neighborhood event. He explained and spoke about some differences and similarities of the Sunnyside and Greenmont neighborhoods. He mentioned that the removed 4th Street right of way will adversely affect pedestrian and bike traffic and hopes Council will reconsider. He inquired to the City Manager whether any notification has been received concerning Allied Waste being purchased by a new company.

 

                                                                        Mr. Boroff replied that he has not received anything yet. Councilor Byrne asked about the transferability of the contract with Allied Waste. City Attorney Steve Fanok answered that they need to receive the notification from the new company before a determination can be made.

 

                                                                        Councilor Spencer continued, stating that graffiti on the Seneca Center which can be seen from the trails continues to be a problem and is worsening. He made comments about the MUB water and sewer rates, stating they have the potential to zone the new rates in various areas like suburban, rural and urban. He expressed his concern for the rates to be proportional to the area’s use. Councilor Byrer asked Councilor Spencer about the tap fee. Mr. Boroff replied that it is going to be reduced.

 

                                                                        Councilor Spencer explained a hand out he gave Council about the Home Rule legislative effort, and how issues within the community point to a lack of a home rule. He then asked Mr. Boroff for a report of the Transit Plan and about the traffic lights on Beechurst/Monongalia Boulevard.

 

                                                                        Mr. Boroff replied that he has made the request and will share the information when it is given to him. He also answered that the power company has sorted out the traffic light problem and will address it. Councilor Spencer concluded his report by thanking the volunteers involved with the Triathlon.

                                                                       

                                                                        Councilor Selin interjected a question about the MUB rate Ordinances and when they would be up for second reading. Mr. Boroff replied that it would be later than the normal interval because of the extended time period in which this particular Ordinance is to be in Public Notice.

 

Mayor Justice                                                   Mayor Justice mentioned the CVB organized Basketball Tournament in Fairmont next week, and the Triathlon for whose volunteers and BOPARC deserve praise. He mentioned Mrs. Kelly whose property improvements continue to be an asset to the community. He spoke of the importance of all 3 public theatre companies in Morgantown and the positive impact the arts have on our City. He thanked those involved for making the upcoming 4th of July activities possible. He also complimented the efforts of those involved with the Greenmont Neighborhood Association party. He stated that the affordable and quality housing in that neighborhood will be a benefit to the area. He appreciated the diversity and multiculturalism of Greenmont calling it both important and refreshing. He concluded by announcing there will not be a Committee of the Whole Meeting in the month of July.

 

ADJOURNMENT:   There being no further business, the meeting adjourned by unanimous consent at 8:25pm.

 

 

__________________________________                            ________________________________________

City Clerk                                                                               Mayor

 

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