REGULAR
MEETING JUNE 2, 2009:
The regular meeting of the Common Council of the City
of
PRESENT: City Manager
APPROVAL
OF MINUTES: Minutes from the
regular meeting on May 19th & special meeting on May 26, 2009, were
approved as printed.
CORRESPONDENCE: Mayor Justice announced that there are a great many
voting items on the agenda and asked that everyone help to keep the meeting
moving along in a timely fashion. He stated that he will do his best to keep
the discussions on track.
PUBLIC HEARING -AN ORDINANCE AMENDING THE FY 2008-2009 ANNUAL
BUDGET OF THE CITY OF
There
being no appearances, Mayor Justice declared this public hearing closed.
UNFINISHED
BUSINESS:
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
APPLIED TO THE 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 HERETO ATTACHED AND MADE A PART OF THIS ORDINANCE
AS THE SAME APPLIED TO THE GENERAL FUND
Motion
by Byrne, second by Selin to adopt the above entitled Ordinance. Motion carried
7-0.
BOARDS
AND COMMISSIONS: Councilor
Spencer announced that there will be changes to the ward positions on the
Beautification Commission, and he will give updates soon.
New business:
AN
ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY TO THE CITY OF MORGANTOWN, AS
REQUIRED BY THE CHARTER OF THE CITY OF mORGANTOWN: The below entitled Ordinance was presented
for first reading:
AN ORDINANCE AUTHORIZING THE
CONVEYANCE OF PROPERTY TO THE CITY OF
After
discussion, and explanation from the City Manager on Ordinance, motion by Byrne
second by Gaddis to pass the above entitled Ordinance to second reading. Motion
carried 7-0.
AN ORDINANCE AMENDING
ARTICLE 927.01 OF THE MORGANTOWN CITY CODE AND SETTING FEES AND CHARGES FOR THE
PROVISION OF WATER SERVICE: The below entitled Ordinance was presented for first reading:
AN
ORDINANCE AMENDING ARTICLE 927.01 OF THE
Motion
by Gaddis, second by Bane, to amend Ordinance by adding Rates to second line of
the first page and after Fees in body of Ordinance. Motion carried 7-0. After discussion, motion by Spencer, second
by Gaddis to pass the above entitled Ordinance to second reading. Motion
carried 7-0
AN ORDINANCE AMENDING
ARTICLE 925.03 OF THE MORGANTOWN CITY CODE AND SETTING FEES AND CHARGES FOR THE
PROVISION OF SEWER SERVICE: The
below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE
925.03 OF THE
Motion
by Byrne, second by Selin, to amend Ordinance by adding Rates to second line of
the first page and after Fees in body of Ordinance. Motion carried 7-0. After discussion, motion by Gaddis, second by
Bane to pass the above entitled Ordinance to second reading. Motion carried 7-0
AN ORDINANCE
ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF
AN
ORDINANCE ESTABLISHING THE RATES OF
City
Manager
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: The below entitled Ordinance was
presented for first 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
Motion
by Gaddis, second by Bane to pass the above entitled Ordinance to second
reading. Motion carried 7-0
AN ORDINANCE PROVIDING
FOR THE ZONING RECLASSIFICATION OF REALTY IN THE SIXTH WARD OF THE CITY OF
MORGANTOWN FROM (R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT
DEVELOPMENT DISTRICT BY AMENDING ARTICLE 1331.02 OF THE PLANNING & ZONING
CODE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND
DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH
THEREIN: The
below entitled Ordinance was presented for first reading:
AN ORDINANCE PROVIDING FOR THE ZONING
RECLASSIFICATION OF REALTY IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM
(R-1A) SINGLE-FAMILY RESIDENTIAL DISTRICT TO (PUD) PLANNED UNIT DEVELOPMENT
DISTRICT BY AMENDING ARTICLE 1331.02 OF THE PLANNING & ZONING CODE OF THE
CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A
PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
After
discussion, motion by Spencer second by Selin to pass the above entitled
Ordinance to second reading. Motion carried 7-0
AN ORDINANCE AMENDING
TABLE 1331.05.01 “PERMITTED LAND USES” OF THE PLANNING AND ZONING CODE AS IT
PERTAINS TO “TATTOO PARLOR / BODY-PIERCING STUDIO” USES: The below entitled Ordinance was
presented for first reading:
AN ORDINANCE AMENDING TABLE
1331.05.01 “PERMITTED LAND USES” OF THE PLANNING AND ZONING CODE AS IT PERTAINS
TO “TATTOO PARLOR / BODY-PIERCING STUDIO” USES.
Motion
by Gaddis, second by Bane to pass the above entitled Ordinance to second
reading. Motion carried 7-0
AN ORDINANCE AMENDING
ARTICLE 1365.06 “PARKING SPACES ACCESSIBLE TO THE DISABLED” AND ARTICLE 1365.09
“PARKING DEVELOPMENT STANDARDS” OF THE PLANNING AND ZONING CODE: The below entitled Ordinance was
presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1365.06
“PARKING SPACES ACCESSIBLE TO THE DISABLED” AND ARTICLE 1365.09 “PARKING
DEVELOPMENT STANDARDS” OF THE PLANNING AND ZONING CODE.
Motion
by Spencer second by Byrne to pass the above entitled Ordinance to second
reading. Motion carried 7-0
AN ORDINANCE AMENDING
ARTICLE 1321.08 “TREES” OF THE PLANNING AND ZONING CODE AS IT RELATES TO
REMOVING DUPLICATED PROVISIONS AND UPDATING THE APPROVED STREET TREES AND
SHRUBS LIST: The
below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1321.08
“TREES” OF THE PLANNING AND ZONING CODE AS IT RELATES TO REMOVING DUPLICATED
PROVISIONS AND UPDATING THE APPROVED STREET TREES AND SHRUBS LIST.
Motion
by Selin second by Byrne, to pass the above entitled Ordinance to second
reading. Motion carried 7-0
AN ORDINANCE AMENDING
ARTICLE 1367 “LANDSCAPING AND SCREENING” OF THE PLANNING AND ZONING CODE AS IT
RELATES TO REMOVING DUPLICATED PROVISIONS AND UPDATING THE APPROVED STREET
TREES AND SHRUBS LIST: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1367
“LANDSCAPING AND SCREENING” OF THE PLANNING AND ZONING CODE AS IT RELATES TO
REMOVING DUPLICATED PROVISIONS AND UPDATING THE APPROVED STREET TREES AND
SHRUBS LIST.
Motion
by Selin, second by Byrne, to pass the above entitled Ordinance to second
reading. Motion carried 7-0
AN ORDINANCE AUTHORIZING THE LEASE
PURCHASE ACQUISITION AND FINANCING OF CERTAIN ENERGY SAVING EQUIPMENT FOR
VARIOUS DEPARTMENTS OF THE CITY OF MORGANTOWN, THE EXECUTION AND DELIVERY OF A
LEASE PURCHASE AGREEMENT, A GUARANTEED ENERGY SAVINGS CONTRACT, AND OTHER DOCUMENTS
RELATING TO SUCH ACQUISITION AND FINANCING AND APPROVING ALL MATTERS IN
CONNECTION THEREWITH: The below entitled Ordinance was presented for first reading:
AN
ORDINANCE AUTHORIZING THE LEASE PURCHASE ACQUISITION AND FINANCING OF CERTAIN
ENERGY SAVING EQUIPMENT FOR VARIOUS DEPARTMENTS OF THE CITY OF MORGANTOWN, THE
EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT, A GUARANTEED ENERGY
SAVINGS CONTRACT, AND OTHER DOCUMENTS RELATING TO SUCH ACQUISITION AND
FINANCING AND APPROVING ALL MATTERS IN CONNECTION THEREWITH:
After
discussion, motion by Spencer, second by Byrne to pass the above entitled
Ordinance to second reading. Motion carried 7-0
RESOLUTION TO APPROVE
THE 2009-2010 MORGANTOWN MUNICIPAL AIRPORT FUND AND AIRPORT IMPROVEMENT FUND
BUDGET: The above
entitled Resolution was presented for approval:
After discussion, motion by
Gaddis, second by Selin to adopt the above stated Resolution. Motion
carried 7-0.
RESOLUTION APPROVING
AND AUTHORIZING TO SUBMIT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN AMENDMENT: The above entitled Resolution was
presented for approval:
After
discussion, and City Manager
by Gaddis to adopt the above stated
Resolution. Motion carried 7-0.
RESOLUTION TO APPLY
FOR AND ADMINISTER THE COMMUNITY PARTICIPATION GRANT PROGRAM, PROJECT NUMBER
09LEDA0286, FUNDS FOR USE BY THE APPALACHIAN EDUCATION INITIATIVE: The above entitled Resolution was
presented for approval:
Motion by Gaddis, second by
Selin to adopt the above stated Resolution.
Motion carried 7-0.
PUBLIC
PORTION:
There
being no appearances, Mayor Justice declared this public portion closed.
SPECIAL
COMMITTEE REPORTS: Councilor Byrne commented on the Sister City Committee
and on the events coming up including Mayor Hicks’s visit next week.
CITY MANAGER’S REPORT:
INFORMATION:
Item No 1: Attached you will find a memo from Denny Poluga
reporting a new graffiti and litter removal program. This looks to be a very promising venture
that can significantly enhance the appearance of the City=s rails trails and municipal parks. The Boys and Girls Club is to be complimented
on this initiative and appreciated for undertaking this body of work.
NEW BUSINESS:
Item No. 1: The second attachment is a memo from the Public Works
Director reporting bid results for a 2x4 Bucket Truck and 4x4 Dump Truck. I
agree with her comments and recommend that the contracts be awarded to the low
bidders WV Tractor Sales (Bucket Truck) for $95,900 and Matheny Buick & GMC
(Dump option 2) for $55,078.
Motion by Bane, second by Gaddis, to approve the above
bid results. Motion carried 7-0.
Item No. 2: CASA for Kids is a meritorious, non profit, social
services agency that provides critical support to abused and neglected children
in the area. Because of technical
qualifications, the agency recently lost one of its funding sources. To make certain that their services are not
disrupted, I recommend that $3,000 be made available to support the program as
requested.
Motion
by Byrne, second by Bane, to approve the above funding request. Motion carried
7-0.
Item No. 3: The last attachment is a letter from Mountain Fest,
LLC requesting a Festival Permit to allow controlled beer sales at
After
discussion, motion by Byrne, second by Bane, to approve the above festival
permit. Motion
carried 7-0.
CITY
CLERK'S REPORT: No report.
CITY
ATTORNEY'S REPORT: No report.
REPORT
FROM COUNCIL MEMBERS:
Councilor Bane: Councilor
Bane thanked the Public Works department for fixing the potholes around the
city. He commented that there is a lot of debris on the trails and the area is
dangerous. He confirmed with the Mayor that the police patrols are more
frequent there in the summertime. He
asked Council to carefully consider the MUB Rate increases, as the funds are needed
to upgrade the City’s aging infrastructure.
Councilor
Gaddis: Councilor
Gaddis reported that the South Park Neighborhood Welcome Sign has a part
missing. He announced that with help from the Beautification Commission, the
residents of Greenmont were able to plant flowers around the neighborhood. The
Greenmont Neighborhood cleanup will take place on June 13th and the
Block Party will take place on the 27th. Everyone is invited.
Councilor Byrer: Councilor
Byrer reported calls received from residents about noise, loitering and
drunkenness taking place in a pavilion adjacent to housing in his ward. He
relayed their requests for more police patrols in the area. He announced the
Wiles Hill Neighborhood Plants Project will take place this Saturday, funded by
the MHA. He inquired to Mr. Boroff about the dedication of the new fire station.
Mr. Boroff replied that Chief Fetty is monitoring the situation closely and will
inform as soon as possible on a date. Councilor Byrer then announced his Neighborhood
Watch Meeting. He then asked about some signs for a Gentleman’s Club in another
County that have been found on the Mileground. City Attorney Steve Fanok
advised that these signs are illegal if placed in public right-of-ways and can
simply be removed and disposed of.
Councilor Selin: Councilor
Selin gave an update on the Boys and Girls Club Service Project and asked that
they be recognized at a Council Meeting. She suggested that community service
for criminals could include graffiti removal along the trails. She thanked the
Assistant City Manager and the Director of Planning for their work on updating
the Planning Commission website and online information. The she announced the
Suncrest Neighborhood Association Picnic on the 25th.
Councilor Byrne: Councilor
Byrne praised the efforts of the Boys and Girls Club for their work on the
graffiti clean up project but also insisted that graffiti management and clean
up is a City job that should be
undertaken immediately after graffiti shows up. He announced that the Mayor of
Guanajuato will be visiting
Councilor Spencer: Councilor
Spencer concurred with Councilor Byrne’s comments on graffiti. He mentioned new
legislation that allows citations for litter. He reported from the Legislature
that the Parking Authority Legislation did not make it to the agenda of the
Special Session, and will have to wait until next year. He stated several were
robberies reported by members of the Suncrest Neighborhood Association. He
encouraged everyone to be diligent in security during these trying economic
times. He commented on the MUB rate increase citing reasons he supports it
including, the needed infrastructure updates. Councilor Spencer discussed
dumpster fires and the need for vigilance in preventing them. He announced an
upcoming meeting to talk about the potential for developing a property on
Mayor
ADJOURNMENT: There being no further business, the meeting adjourned
by unanimous consent at 8:35 p.m.
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City Clerk Mayor
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