REGULAR
MEETING AUGUST 5, 2008:
The regular meeting of the Common
Council of the City of Morgantown was held in the Council Chambers on Tuesday, August
5, 2008 at 7:30 p.m.
PRESENT: Mayor
The meeting was called to order by Mayor
APPROVAL OF MINUTES: Minutes from the regular meeting on
July 15, 2008 were approved as printed.
CORRESPONDENCE: Mayor
PUBLIC HEARING - AN ORDINANCE amending the FY 2008-2009 annual budget, coal
severance fund:
Pursuant to a legal notice appearing
in the
There being no appearances or
objections, Mayor
PUBLIC HEARING - an ordinance amending the FY 2008-2009 annual
budget, general fund:
Pursuant to a legal notice appearing
in the
There
being no appearances or objections, Mayor
PUBLIC HEARING - AN ORDINANCE
AUTHORIZING THE CITY TO DEED PARCELS TO THE MORGANTOWN BUILDING COMMISSON:
Pursuant to a legal notice appearing
in the
There
being no appearances or objections, Mayor
UNFINISHED BUSINESS:
AN ORDINANCE amending
the FY 2008-2009 annual budget coal severance fund: The below
entitled Ordinance was presented for second reading:
AN ORDINANCE amending the FY 2008-2009 annual budget of the city of Morgantown
as shown in the revised budget hereto attached and made a part of this
ordinance as the same applies to the coal severance fund.
Motion
by Byrer, second by Spencer to adopt the above entitled Ordinance. Motion
carried 7-0.
an
ordinance amending the FY 2008-2009 annual budget general fund: The below entitled Ordinance was presented for second reading:
an ordinance amending the FY 2008-2009
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 Byrer, second by Selin, to adopt the above entitled Ordinance. Motion
carried 7-0.
AN ORDINANCE
AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS TO THE MORGANTOWN BUILDING
COMMISSON: The below entitled Ordinance was presented for
second reading:
AN
ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS 540, 543, 544, AND
545.1, APPEARING ON MONONGALIA COUNTY TAX MAP 20 AND DESIGNATED BY MONONGALIA
COUNTY AS BEING IN THE FIFTH WARD OF THE CITY OF MORGANTOWN, TO THE MORGANTOWN
BUILDING COMMISSON.
After
discussion, motion by Spencer, second by Byrne to adopt the above entitled
Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS: There were no Boards and Commission appointments at
this time.
NEW BUSINESS:
AN ORDINANCE authorizing the City TO place a concrete duct
bank under and across rawley avenue: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE authorizing the City of
Morgantown, as grantor, to execute a right of way agreement with the west
Virginia university board of governors, as grantee, regarding the placement of
a concrete duct bank under and across rawley avenue in the seventh ward of the
City of Morgantown.
After
discussion and explanation from Mr. Boroff, motion by Byrne, second by Spencer
to pass the above entitled Ordinance to second reading. Motion carried 7-0.
an
ordinance authorizing the City to enter into an intergovernmental agreement
regarding the joint purchase of rock salt: The below entitled Ordinance was
presented for first reading:
an ordinance authorizing the City of
Motion
by Bane, second by Byrer, to pass the above entitled Ordinance to second
reading. Motion carried 7-0.
an
ordinance amending a lease agreement for public parking abutting hazel ruby
mcquain park: The below entitled Ordinance was presented for first reading:
an ordinance amending a lease
agreement by and between the City of Morgantown, lessee, and wings and things,
inc., lessor, as the same applies to public parking upon lessor’s realty
abutting hazel ruby mcquain park.
After
discussion and explanation from Mr. Boroff, motion by Byrne, second by Selin to
pass the above entitled Ordinance to second reading. Motion carried 7-0.
an
ordinance authorizing the City of Morgantown to execute an intergovernmental
AGREEMENT for animal control services: The below entitled Ordinance was
presented for first reading:
an ordinance authorizing the City of
Morgantown to execute an intergovernmental agreement with the Monongalia county
commission, whereby the Monongalia county commission will provide animal
control services to the City of Morgantown.
After discussion and explanation from
Mr. Boroff, motion by Spencer, second by Byrer to pass the above entitled
Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING
ARTICLE 927 WATER RATES: The below entitled Ordinance was presented for first reading:
AN
ORDINANCE repealing the July 15, 2008
ordinance making amendments to article 927 of the Morgantown city code (water
rates), and enacting new amendments to article 927.
After discussion, the Mayor suspended the
rules so Council could ask Jim Green questions. Motion by Byrne, second by Spencer
to pass the above entitled Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING
ARTICLE 925 SEWER RATES: The below entitled Ordinance was presented for first reading:
AN
ORDINANCE repealing the July 15, 2008
ordinance making amendments to article 925 of the Morgantown city code (sewer
rates), and enacting new amendments to article 925.
After
discussion, the Mayor suspended the rules so Council could ask Jim Green
questions. Motion by Byrne, second by Selin to pass the above entitled
Ordinance to second reading. Motion carried 7-0.
A RESOLUTION
authorizing the City Manager, on behalf
of the City of Morgantown, to enter into a contractual agreement with the
Division of Criminal Justice Services to receive and administer grant funds
from the justice assistance grant program: The above entitled Resolution was
presented for approval.
Motion by Byrne, second by Selin to approve
the above entitled Resolution. Motion carried 7-0.
A
resolution authorizing the City Manager, on behalf of the City of Morgantown,
to enter into a contractual agreement with the Division of Criminal Justice
Services to receive and administer grant funds from the purdue pharma funds
task force: The above entitled Resolution was presented for
approval.
After discussion, motion by Byrne, second
by Byrer to approve the above entitled Resolution. Motion carried 7-0.
a
resolution establishing the FY 2008-2009 annual budget for the Morgantown
Municipal Airport Fund: The above entitled Resolution was
presented for approval.
After discussion, motion by Spencer,
second by Byrne to approve the above entitled Resolution. Motion carried 7-0.
PUBLIC PORTION:
Mayor
Simone
O’Hara, 515 Clark Street, informed Council that when citizens watch the
meetings on TV they claim they cannot hear very much audio. She continued to
explain her position that Morgantown is being seen as a “party town” because of
the college students and urged Council to action in order to protect our
neighborhoods.
Paul Shaffer,
Representative Carpenters Local 1070, came to represent the local workers as a
representative of the Mid-Atlantic region to let the community know that they
are still a viable commodity, and he would appreciate Council’s and the
community’s support of the union.
There being no more appearances, Mayor
SPECIAL COMMITTEE REPORTS: None.
CITY MANAGERS REPORT:
New Business:
Item No. 1: Attached you will find a letter from
Main Street Morgantown requesting a $5,000 match for a $10,000 grant to fund a
traffic study for the Downtown. The
$15,000 study will fit well with MPO and State initiatives being discussed for
the area. Based upon the need for data
to support traffic improvements in the Downtown, I recommend that the request
be granted.
Motion
by Byrer, second by Selin to approve the requested funding. Motion carried 7-0.
Item No. 2: The second
attachment is a memo from the
Motion
by Byrne, second by Bane to approve the fire engine bid. Motion carried 7-0.
Item No. 3: The third attachment is a memo from the Public Works Director reporting
the bid results for the new North Side Fire Station. I agree with her comments and recommend that
the contract be awarded to the low bidder Landau Building Company for a cost of
$3,186,500. Special Note: Based upon RFP=s received for financing the station,
it appears that the City=s Building Commission will be able to place a revenue bond
with Comvest (firm that works with the WV Municipal League) that will feature:
a 20 year term; a fixed 4.15% interest rate; no requirement for a debt service
reserve; and can be retired early without penalty.
After
discussion, motion by Byrer, second by Spencer to approve the construction bid.
Motion carried 7-0.
Item No. 4: The fourth attachment is a proposal from Advantus
Engineering to provide commissioning services for the new North Side Fire
Station (independent documentation of all energy efficient construction
features). Based upon the experience of
the firm and the merits of the proposal, I recommend that a contract be awarded
for $20,000.
After
discussion, motion by Byrne, second by Spencer to approve the commissioning
services. Motion carried 7-0.
Item No. 5: The fifth attachment is a memo from the City Planner
reporting the search process for a qualified firm to update the Downtown
Development Plan. I agree with his
comments and recommend that the contract be awarded to the Clue Group for a
cost not to exceed $70,000.
After
discussion, motion by Byrne, second by Spencer to approve the firm. Motion
carried 7-0.
Item No. 6: The last attachment is a request to support the Morgantown
Lifelong Learning Week that will be celebrated in the City September 22 through
September 28, 2008. To support the
activities planned (speakers, exhibits, reception, tours, and publicity) and
the ongoing activities of the organization, I recommend that $2,500 be made
available to help fund the event.
Motion
by Bane, second by Byrer to approve the event funding. Motion carried 7-0.
CITY CLERK'S REPORT: City Clerk reminded Council of the Municipal
League Conference being hosted at Water Front Place August 13-16, 2008.
CITY ATTORNEY'S REPORT: No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane Councilor
Bane announced that he feels distressed with the City Council, and feels they
base their support of ROW’s and initiatives only if they support their own
personal and immediate cause. He made comments on the financial situation of
Sunnyside Up citing that on salaries alone from 2002-2007 they spent $61,000
per year. He concluded with remarks about Milt Cohen stating what he feels
would be Milt’s opinion of Council.
Councilor Gaddis Councilor Gaddis commented on the Downtown
plan and suggested that Ms. O’Hara become involved with the process. He thanked
Mr. Boroff for information provided to him recently.
Councilor Byrer Councilor
Byrer remarked that the Night Out was successful. He stated that the quality of
life in Morgantown is affected by traffic issues. He commented that the MPO is
in transition.
Mayor
Justice interjected that they are in the process of finding a new leader.
Councilor Spencer commented that most of the decisions are made by the DOH and
decisions they have made will still be put into effect.
Councilor
Byrer also commented on Ms. O’Hara’s statements calling for better police
enforcements of party/noise Ordinances. He mentioned the WVML Conference and
asked about a Teen Court pilot Program. He also inquired about the Historic
Landmarks commission being informed of Historic Buildings being demolished.
Councilor Selin Councilor
Selin responded to Ms. O’Hara as well, suggesting she serve on the Downtown
Plan or her Neighborhood Association. She also mentioned that Council should
have regular meetings with WVU starting each fall. She mentioned Night Out and
its successes. She responded to Councilor Bane’s comments and feels Council is
informed and fair. She remarked that Kid’s Day was great and other Year of the
Child Events are also going well.
Councilor Byrne Councilor
Byrne mentioned that he attended Milt Cohen’s funeral and remembered his good
qualities. He also wished a get well for Police Chief Phil Scott. He commented
on Ms. O’Hara and sympathized with her concerns, and the issues of Sunnyside Up.
Councilor Spencer Councilor
Spencer paid tribute to the late Milt Cohen. He also paid tribute to Bill
Wallace who also passed away. He responded to Ms. O’Hara stating his hopes for
her to stay involved in community affairs. He asked Mr. Boroff for updates on
Code Enforcement issues. He commented that in
Mayor
ADJOURNMENT: There being no further business, the meeting adjourned by
unanimous consent at 9:25 pm.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.