REGULAR MEETING MARCH 7, 2006:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, March 7, 2006, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on February 21, 2006, were approved as amended.
CORRESPONDENCE:
Ed Bowman and Dave Bush presented the Department of Defense Seven Seals Award to Bill Byrne. Mayor Justice presented a retirement plaque to Police Captain James E. Nabors; read Adam Cook’s Appreciation Certificate; read and presented proclamations for: Rx for Child Survival, Quota Cares Month along with Defibrillators Donation Appreciation Certificate; Girl Scout Week and Women’s History Month. Mayor Justice read George Papandreas’ thank you about the Angiotti Building and announced two events.
PUBLIC HEARING-AN ORDINANCE ANNULLING A 30' RIGHT-OF-WAY KNOWN AS DALLAS STREET IN THE FIFTH 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.
UNFINISHED BUSINESS:
AN ORDINANCE ANNULLING A 30' RIGHT-OF-WAY KNOWN AS DALLAS STREET IN THE FIFTH WARD: The following entitled Ordinance was presented for second reading.
AN ORDINANCE VACATING, ABANDONING , AND ANNULLING A 30' WIDE RIGHT-OF-WAY KNOWN AS DALLAS STREET (FORMERLY OAK STREET), EXTENDING AND RUNNING A DISTANCE OF APPROXIMATELY EIGHTY-NINE FEET BETWEEN BAIRD STREET AND FOREST AVENUE, IN THE FIFTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
Motion by Spencer, second by Bane, to adopt the above Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne announced Sunnyside Up meeting; Councilor Miller noted the Evansdale NHA cancellation; and Mayor Justice mentioned a possible time change for the MPO meeting.
NEW BUSINESS:
A BOND ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2006 A: The above entitled Ordinance was presented for first reading.
A BOND ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2006 A (WEST VIRGINIA SRF PROGRAM) (THE “BONDS”) TO: (i) PAY A PORTION OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF ADDITIONS, IMPROVEMENTS AND BETTERMENTS OF THE SEWERAGE PORTION OF THE EXISTING PUBLIC COMBINED WATERWORKS AND SEWERAGE FACILITIES OF THE CITY (THE “PROJECT”); AND (ii) PAY CERTAIN COSTS OF ISSUANCE OF THE BONDS.
After the City Manager’s explanation, motion by Scafella, second by Byrne, to pass the above Ordinance to second reading. The rules were suspended to allow Jim Green to answer questions. Motion carried 7-0.
AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR FY 2006-2007:
The above entitled Ordinance was presented for first reading.AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2006-2007.
After the City Manager’s explanation, motion by Byrne, second by Scafella, to pass the above Ordinance to second reading. Minor amendment by Scafella, second by Byrne, in regard to an increase of $38,397 in allowed levy rates with allocations of $1,152 to the contingency line item and $37,245 to the Capital Escrow Fund. Motion carried 7-0. Main motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING APPOINTMENT OF A MUNICIPAL BIKE BOARD AS A TRAFFIC COMMISSION COMMITTEE: The above entitled Resolution was presented for Council’s approval.
After discussion, motion by Bane, second by Spencer, to approve the above Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
Recently the ISO completed an external evaluation of the City’s Building Code Department for commercial and residential properties (scores range from 1-10 with 1 being the best). Currently the City has the highest rating in the State (3 for both commercial and residential–most large WV Cities have 5's for ratings). The recent inspection though gave the City a rating of 9 for both residential and commercial (the worst rating for any major WV City). It must be quickly noted that the principal reason for this is that most WV Cities were rated last year before the State was required to adopt the new ICC codes that are effective this year. It is anticipated that the State will adopt these new codes though prior to July 2006. When this action is taken and other minor qualifications made, it is anticipated that Morgantown’s new rating will be 3 for residential and 2 for commercial (once again the highest rated Code Enforcement Department in West Virginia). Recognizing this situation, the ICC has agreed to postpone the 9's ratings to allow the State time to adopt the new codes.
Item No. 2:
Last year Main Street Morgantown saved the City of Morgantown $250,000. Main Street was able to do this by purchasing the building next to the Met Theatre with a $300,000 loan from the City. With control of the property, the organization was able to negotiate the use of the vacant lot in the back for BOPARC to install air conditioning units for the Theatre (saved the $250,000 by not having to place the units on top of the Theatre). Furthermore, Main Street was able to sell the building this past month to a purchaser supporting Downtown interests and has now repaid the $300,000 loan from the City. The degree of cooperation and expertise in managing this transaction is a high compliment to Main Street and its staff.
Item No. 3:
Attached you will find the proposed CDBG 2006-2007 Annual Action Plan recommending projects totaling $567,000 for the next entitlement grant. Major activities suggested are: Administration & Planning–$86,292; Housing Programs–$170,000; Community Development Activities–$85,037; and Non Housing Community Development Activities–$225,585. With the presentation of the plan this evening, a Public Hearing on the Plan may be scheduled for March 14, 2006; a thirty day public comment period can be held; and the Plan can be considered by City Council for adoption on April 18,2006.
Dave Bott, Community Development Director, explained the Action Plan projects.
NEW BUSINESS:
Item No. 1:
The second attachment includes materials from the Fire Department reporting bid results for voice amplifiers for the Department’s self-contained breathing apparatus. I agree with the comments made and recommend that the contract be awarded to the only bidder Dill’s Fire and Safety for $8,990.
Motion by Scafella, second by Spencer, to authorize $8,990 for the requested breathing apparatus. Motion carried 7-0.
Item No. 2:
The third attachment is a memo from the Airport Director describing a proposed marketing campaign for the new commercial air service to Cleveland. I agree with his comments and recommend that in cooperation with Benedum and Parkersburg Airports that the City contract with Stonewall Marketing Group to organize the promotion. The campaign will be financed with Federal grant funds.
After discussion, motion by Byrne, second by Spencer, to approve the expenditure of the funds to do the marketing in cooperation with Benedum and Parkersburg Airports. Motion carried 7-0.
Item No. 3:
The fourth attachment describes a unique presentation that will re-enact a landmark, civil rights court case in West Virginia law. The drama will be presented at the Metropolitan Theatre on April 26, 2006, at 7:30 p.m. To support this presentation, I recommend that the City help subsidize its cost with a $500 grant as requested by the re-enactment sponsors.
After discussion, motion by Miller, second by Scafella, that a $500 grant be awarded to that project. Motion carried 7-0.
Item No. 4:
The fifth attachment reports bid results for the Sabraton Welcome Sign. Based upon the prices submitted, I recommend that a bid not be accepted and that City crews construct the project.
After discussion, motion to deny the bid results by Scafella, second by Bane. Motion carried 7-0.
Item No. 5:
The sixth attachment is a Memorandum of Understanding between the City and the County to administer a U.S. Department of Justice Edward Byrne Justice Assistance Grant totaling $19,893. Based upon the merits of this program, I recommend that the City Manager be authorized to sign the agreement and forward it to the Department of Justice.
Motion by Byrne, second by Miller, to enter into a Memo of Understanding. Motion carried 7-0.
Item No. 6:
The seventh attachment is a memo from the Assistant City Manager suggesting that the City employ the National Research Center to conduct a citizen survey earlier discussed by Council. Given the stringent, technical expertise and standards necessary to conduct a valid survey of practical use to the City, I recommend that the Center be employed for a cost of $10,850. Materials attached to the memo further describe how the survey will be conducted.
Motion by Scafella, second by Miller, to authorize $10,850 to do that. Motion carried 7-0.
Item No. 7.
The last attachment is another memo from the Public Works Director reporting bid results for asphalt for this year’s Street Paving Program (City of Westover is a partner and will enjoy the same unit prices). I agree with the Public Works Director’s comments and recommend that the bid be awarded to Greer Asphalt Company for $188,319.50
After discussion, motion by Manilla, second by Scafella, to award the bid to Greer Asphalt Company for $188,319.50. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little announced the Wellness Open House.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (reverse order):
Councilor Spencer: Councilor Spencer spoke of recent violent incidents and tipped the hat to the Police Department, Teaching Tolerance Program, and Council for Women’s Concerns; commented on Dr. Kimberly Stearns and her death; and discussed the Worley Gardner Festival and the Pandemic Flu Summit Seminar.
Councilor Byrne: Councilor Byrne expressed condolences to Dr. Stearns’ family.
Councilor Miller: Councilor Miller also sent condolences; noted trash showing up with spring and still debris on power lines; announced a BZA and Planning Commission workshop; mentioned the St. Francis Teaching Tolerance Program and the cancelled Evansdale NHA meeting; suggested a condolence letter to Star City for John Barill’s death.
Councilor Scafella: Councilor Scafella commented on the the sound quality at meetings; recognized Ralph LaRue, Dave Golden and BOPARC crew for working over on the two coldest weekends to install the Met Theatre HVAC systems; and announced the wileshillschool.org web site is up.
Councilor Manilla: Councilor Manilla reiterated condolences; stated the middle light on the Walnut Street Bridge is still out; and discussed the Dominion Post cost of living article.
Councilor Bane: Councilor Bane asked for clarification on the ISO rating.
Mayor Justice: No Report.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:50 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.