REGULAR
MEETING FEBRUARY 3, 2009:
The
regular meeting of the Common Council of the City of Morgantown was held in the
Council Chambers on Tuesday, February 3, 2009 at 7:30 p.m.
PRESENT:
Mayor
APPROVAL OF MINUTES: Minutes from the regular meeting on January 20th were
approved as printed.
CORRESPONDENCE: Mayor Justice
announced the Random Acts of Kindness week Proclamation 2/9-13/09 and the
Sunnyside Recycles Proclamation. A letter from the Upper Mon River Association
was presented to Council. A Petition from citizens to fix potholes was
presented to the City Manager. He announced Go Red for Women on 2/6 and the
City Health Newsletter. Lastly, he presented to Council letters to the Mayor
written by 2nd Grade Students at Mountainview Elementary School.
PUBLIC
HEARING:An ordinance AUTHORIZING A LEASE
AGREEMENT BETWEEN THE AIRPORT AND THE STATE OF
There being no appearances, Mayor
Justice declared this public hearing closed.
UNFINISHED
BUSINESS:
an ordinance AUTHORIZING
A LEASE AGREEMENT BETWEEN THE AIRPORT AND THE STATE OF WEST VIRGINIA: The below entitled Ordinance was presented for second
reading:
AN
ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN,
LESSOR, AND THE STATE OF WEST VIRGINIA, LESSEE, REGARDING OFFICE SPACE LOCATED
AT THE MORGANTOWN MUNICIPAL AIRPORT.
Motion by Byrne,
second by Selin to approve the above stated Ordinance. Motion carried 7-0.
BOARDS
AND COMMISSIONS: There were no
new appointments at this time.
Ron
Bane announced an opening on the MUB Board. Charlie Byrer announced a change in
the Historic Landmarks commission meeting time for this month. Mayor Justice
announced that the MPO meeting will take place as scheduled.
New business:
An
ordinance granting fibernet use of streets and rights of ways for
telecommunication installation: The below entitled Ordinance was
presented for first reading:
AN
ORDINANCE GRANTING A NON-EXCLUSIVE TELECOMMINICATIONS FRANCHISE TO FIRBERNET,
LLC FOR THE USE OF THE STREETS AND OTHER PUBLIC RIGHTS OF WAY OF THE CITY OF MORGANTOWN,
WEST VIRGINIA, FOR THE PURPOSES OF CONSTRUCTING, INSTALLING AND MAINTAINING
NETWORK FACILITIES FOR TELECOMMUNICATION SERVICES WITHIN THE CITY OF
MORGANTOWN.
Motion
by Bane, second by Byrne to pass the above entitled Ordinance to second reading.
Motion carried 7-0.
An ordinance amending
the ntelos franchise agreement fees: The
below entitled Ordinance was presented for first reading:
AN
ORDINANCE AMENDING A JULY 29, 2008 NON-EXCLUSIVE TELEPHONE FRANCHISE AGREEMENT
BY AND BETWEEN NTELOS OF WEST VIRGINIA, INC. AND THE CITY OF MORGANTOWN, WEST
VIRGINIA AS THE SAME APPLIES TO FRANCHISE FEE.
Motion
by Gaddis, second by Selin to pass the above entitled Ordinance to second
reading. Motion carried 7-0.
An
ordinance amending article 1329.02 and table 1331.05 of the planning and zoning
code: The below
entitled Ordinance was presented for first reading:
AN
ORDINANCE AMEDNING ARTICLE 1329.02 AND TABLE 1331.05.01 OF THE PLANNING &
ZONING CODE PERTAINING TO LODGING OR ROOMING HOUSE USES.
Motion
by Spencer, second by Byrer to pass the above entitled Ordinance to second
reading. The rules were suspended to allow explanation from City Planner, Chris
Fletcher. After discussion, City Attorney Steve Fanok gave added clarification.
Motion carried 7-0.
A RESOLUTION TO PROTECT THE DRINKING
SUPPLY AND PREVENT ADVERSE EFFECTS ON
INDUSTRIAL USE OF WATER IN THE MORGANTOWN AREA
BY CONTROLLING THE AMOUNT
OF TOTAL DISOLVED SOLIDS ENTERING THE
After
discussion, motion by Byrne, second by Spencer to adopt the above entitled
resolution with a minor amendment to the wording. Motion carried 7-0.
PUBLIC PORTION:
Wally Venable, Mon River Association: Thanked Council for
their thoughtfulness and support of the Water Quality Resolution.
Roy Nutter, 324 Elmhurst Street: Distributed a handout
from the Traffic Commission on funds received. He asked Council to consider
allotting more funds to traffic calming and sidewalk initiative in the future.
Evan Hanson, business owner at 292 Wall Street: Expressed
his support and appreciation for the Water Quality Resolution.
Randy Keystone, Travel Unlimited Chapter President:
expressed gratitude for the Water Quality Resolution.
SPECIAL COMMITTEE REPORTS: Councilor Spencer announced the planning meeting for
the Year of Active Transport.
CITY MANAGERS REPORT:
Item No 1: Attached you will find a memo from the Public Works
Director reporting a proposed change order for the Event Center totaling
$1,446,536. Based upon her comments, the
nature of the project, and the merits of individual line items, I recommend
that it be authorized.
After discussion, motion by Gaddis, second by Byrne to
approve the project. Motion carried 7-0.
Item No 2: The second attachment is information supporting a
proposed amendment to the WV State Fire Code that would allow wireless fire
alarms in Lodging and Rooming Houses.
Given the endorsement of the Fire Chief and allowance for these alarms
in the NFPA, National Fire Alarm Code, I recommend that the proposed, attached
amendment be forwarded to area State Legislators for consideration.
Motion by Byrne, second by Spencer to approve the
amendment. Motion carried 7-0.
Item No 3: The last attachment is another memo from the Public
Works Director reporting a proposed change order for the Walnut Street
Streetscape Project totaling $32,335.95.
Based upon her comments and the merits of the changes, I recommend that
it be authorized.
Motion by Bane, second by Byrne to approve the Change
Order. Motion carried 7-0.
At this time, the Mayor read letters written by second
graders at Mountain View Elementary School about what laws they would instate
in Morgantown, and what they think the Mayor should do for the City.
CITY
CLERK'S REPORT: City
Clerk presented to Council the appointed poll workers for the 2009 City
Election. Motion by Byrne, second by
Selin to approve the list. Motion carried 7-0.
CITY ATTORNEY'S
REPORT: No Report.
REPORT
FROM COUNCIL MEMBERS:
Councilor Bane: Councilor
Bane asked about a basketball court that is also used for parking, and Mayor
Justice explained the shared usage to him. He expressed his wish that Council
would have tabled the Soccer Field Ordinance for more discussion. Mayor Justice
explained the reason behind Council having to move so fast on the process.
Councilor Bane reported potholes on Dorsey Avenue and asked about the status of
the joint repair on the South High Bridge. Mr. Boroff replied that it was
reported to the DOH and there is no progress yet. He stated that WVU Hospitals
will be featured on national news. Mayor Justice added that the recent National
attention and recognition that Morgantown is getting is good for the City.
Councilor Gaddis: Councilor
Gaddis announced the South Park Neighborhood Association and the Greenmont Neighborhood
Association upcoming meetings. He asked for volunteers in their area to help
out on Neighborhood Committees. He thanked the citizens who made the petition
to fix the potholes and added that Brockway Avenue has many potholes as well.
Councilor Byrer: Councilor
Byrer congratulated the Mayor on his recent National Television appearance. He
asked who is responsible for clearing snow off sidewalks. Mr. Boroff replied
that it is the business owner’s responsibility. Councilor Byrer mentioned the upcoming
Senior Luncheon and the Neighborhood Association meeting where the traffic
calming plan will be presented to the Traffic Commission. He then mentioned
Abraham Lincoln, his connection to West Virginia, and how it was made a state
by Proclamation during the Civil War.
Councilor Selin: Councilor
Selin spoke about how communication is key for Neighborhood Associations and
websites allow for better information flow. She expressed concern for the
Soccer Field Lease in her community. She invited all to a committee meeting which
will look at the parking area next to the event center, and the plan for the
parking garage. She talked about sidewalks and how they relate to pedestrian
issues and connect Neighborhoods.
Councilor Byrne: Councilor Byrne commented on the
Fire Department report, and mentioned the number of dumpster fires that are
tended to by the Department. He encouraged teamwork between Allied Waste,
Citizens, Government, Students, Police, and Fire to help prevent the
expenditure of resources on such fires. Councilor Byrne mentioned the
Administrative Report, commenting on sub-standard structures. He spoke about
legislation that will grant Parking Authority workers more power of
enforcement. He thanked Mr. Nutter for his comments and Councilor Spencer for
his work on the Water Quality Resolution.
Councilor Spencer: Councilor
Spencer commented on Councilor Byers’ Lincoln story. He then asked for
clarification on the term “contribution”. Mr. Boroff explained the term in
context of Council’s allotting of funds to certain organizations in the budget.
Councilor Spencer also mentioned some potholes in his area that need to be
fixed. He talked about his views for the soccer field and any necessary
development or planning, concurring with Councilor Bane. He inquired as to the
Trash Pickup fuel surcharge, and Mr. Boroff replied that it will be reevaluated
upon its termination date. He then spoke about the Water Quality Resolution,
suggestions for disbursing copies of it through appropriate channels and the
team effort which made it possible. Lastly, he announced a forum discussing gas
issues.
Mayor
ADJOURNMENT: There
being no further business, the meeting adjourned by unanimous consent at 9:20
p.m.
__________________________________ ________________________________________
City Clerk Mayor
*A FULL
TRANSCRIPT OF ALL CITY COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN
CITY LIBRARY.