REGULAR MEETING APRIL 5, 2005:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 5, 2005, at 7:40 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok, 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 of the special meeting and the regular meeting on March 15, 2005, were approved as printed.
CORRESPONDENCE:
Mayor Justice announced the MHS strawberry sale and welcomed the Journalism 215 classes. Councilor Byrne presented a letter from Connie Mantini about truck traffic. Councilor Bane read the Arbor Day proclamation. Councilor Byrne read the Autism Awareness Week proclamation and presented it to Dan Torisky on behalf of Alpha Phi Omega.
Mayor Justice noted Budget Digest request letters from Delegates and listed future meetings and events. Mayor Justice presented a retirement plaque for Police Lt. Jeff Thorne and Boards and Commissions certificates for Bernie Bossio, Betty Gheza, Jeff Thorne, Sharon Seamans, and Stephen Tanner.
PUBLIC HEARING-AN ORDINANCE ADOPTING ARTICLE 170 CREATING A GREATER MORGANTOWN AREA YOUTH COMMISSION:
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 portion closed.
UNFINISHED BUSINESS:
AN ORDINANCE ADOPTING ARTICLE 170 CREATING A GREATER MORGANTOWN AREA YOUTH COMMISSION: The following entitled Ordinance was presented for second reading.
AN ORDINANCE ADOPTING AN ARTICLE 170 AS PART OF THE MORGANTOWN CITY CODE CREATING A GREATER MORGANTOWN AREA YOUTH COMMISSION.
Motion by Scafella, second by Bane, to adopt the above Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Graham Kenneweg, Buffy Vehse and Ron Eck were reappointed to the Traffic Commission.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Byrne spoke of Sunnyside Up, Councilor Scafella noted the Wiles Hill fund-raising committee will meet, and Mayor Justice covered the Solid Waste Authority meeting.
NEW BUSINESS:
AN ORDINANCE PROVIDING CONVEYANCE OF 3 PARCELS OF REAL ESTATE IN GRANT DISTRICT FROM THE CITY TO THE COUNTY COMMISSION: The following entitled Ordinance was presented for first reading.
AN ORDINANCE PROVIDING FOR THE CONVEYANCE OF THREE PARCELS OF REAL ESTATE COMPRISING 17 ACRES, MORE OR LESS, LOCATED IN GRANT DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, FROM THE CITY OF MORGANTOWN TO THE MONONGALIA COUNTY COMMISSION.
After discussion, motion by Scafella, second by Byrne, to pass the above Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE CREATING ARTICLE 910 ADDRESSING VEHICULAR ACCESS ONTO CITY STREETS: The following entitled Ordinance was presented for first reading.
AN ORDINANCE CREATING AN ARTICLE 910 WITHIN THE CITY OF MORGANTOWN'S STREETS, UTILITIES AND PUBLIC SERVICES CODE WHICH ADDRESSES VEHICULAR ACCESS ONTO CITY STREETS.
After discussion, motion by Miller, second by Byrne, to pass the above Ordinance to second reading. Amendment that the request for waivers come before Council by Byrne, second by Scafella. Amendment passed 5-2. (Bane and Manilla voted NO.) Motion carried 5-2. (Bane and Manilla voted NO.)
AN ORDINANCE CREATING ARTICLE 526; REGULATING PARKING OF MOTOR VEHICLES WITHIN FRONT AND SIDE YARD AREAS: The following entitled Ordinance was presented for first reading.
AN ORDINANCE CREATING A NEW ARTICLE 526 WITHIN THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN; REGULATING THE PARKING OF MOTOR VEHICLES AND OTHER SPECIFICALLY NAMED PERSONAL PROPERTY WITHIN FRONT AND SIDE YARD AREAS OF PARCELS.
After discussion, motion by Scafella, second by Byrne, to pass the above Ordinance to second reading. Amendment to remove 526.02, Section 3 by Bane, second by Byrne. Amendment passed 6-1. (Manilla voted NO.) Motion to table the Ordinance by Spencer, second by Manilla. Motion failed 3-4. (Bane, Scafella, Miller, and Byrne voted NO.) Motion to table the Ordinance by Bane, second by Spencer. Motion carried 4-3. (Scafella, Miller and Byrne voted NO.)
AN ORDINANCE AMENDING SECTION 17.1 OF THE ZONING ORDINANCE AS APPLIES TO ACREAGE REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS: The following entitled Ordinance was presented for first reading.
AN ORDINANCE AMENDING SECTION 17.1 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO ACREAGE REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS.
After discussion, motion by Byrne, second by Bane, to pass the above Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE LEASING TO MORGANTOWN THEATRE COMPANY CERTAIN AREAS AND FACILITIES AT THE METROPOLITAN THEATRE: The following entitled Ordinance was presented for first reading.
AN ORDINANCE PROVIDING FOR LEASING TO MORGANTOWN THEATRE COMPANY, A NONPROFIT CORPORATION, BY THE CITY OF MORGANTOWN CERTAIN AREAS AND FACILITIES AT THE METROPOLITAN THEATRE FOR THEATRE PURPOSES.
After discussion, motion by Scafella, second by Byrne, to pass the above Ordinance to second reading. Motion carried 7-0.
MEMORANDUM OF UNDERSTANDING WITH MONONGALIA COUNTY COMMISSION FOR THE EDWARD BYRNE JUSTICE ASSISTANCE GRANT PROGRAM AWARD: The above entitled Memorandum of Understanding was presented for Council's approval.
After discussion, motion by Miller, second by Byrne, to approve the above Memorandum. Motion carried 7-0.
RESOLUTION TO APPLY FOR AND ADMINISTER A DIVISION OF CULTURE AND HISTORY DEVELOPMENT GRANT OF $35, 875 FOR METROPOLITAN THEATRE PRESERVATION PROJECT: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Scafella, second by Miller, to approve the above Resolution. Motion carried 7-0.
RESOLUTION TO AUTHORIZE THE AGREEMENT FOR STATE PROJECT 331-MOR/GA-13.00 - FEDERAL PROJECT TEA-OH22(001): The above entitled Resolution was presented for Council's approval.
After discussion, motion by Spencer, second by Manilla, to approve the above Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
In the near future, Adelphia will announce improved services for internet subscribers that include the following: increased speed of both upstream and downstream service; increased e-mail storage; upgraded security systems (virus protection, firewall, pop-up blocker, spyware protection, parental control, privacy manager, and form filler) and web hosting. There will be no additional charges for any of these services.
Item No. 2:
The City has been informed that Air Midwest, Inc. is seeking Essential Air Service subsidies from the Department of Transportation to continue commercial air services at the Morgantown Airport (I understand that Parkersburg and Benedum have received similar notices about their airports). As part of that application, the company has told the Department that without the subsidy it will discontinue the services on June 20, 2005. With such a communication, the Department will typically initiate a bidding process for other interested air carriers to provide similar or better services without a subsidy or one smaller than the one Air Midwest is requesting. The City will be working closely with its Congressional Delegation to maximize the opportunities this situation presents.
Item No. 3:
Attached is a memo from the City Finance Officer describing adjustments that will be realized in the new fiscal year General Fund. As you will read, a very favorable property and liability insurance rate will be in place and a modest increase in the Employee Pension Fund will occur. Collectively these rates will generate a $27,125 savings from budgeted figures.
NEW BUSINESS:
Item No. 1:
The City's mileage reimbursement rate ($.30 per mile) is somewhat dated given the current cost of operating a vehicle. To address this, I recommend that the City's rate be set at the rate established by the Internal Revenue Service.
Motion by Scafella, second by Miller, to set the mileage reimbursement rate as established by the Internal Revenue Service. Motion carried 7-0.
Item No. 2:
The second attachment is a request submitted by BFI to modify the hours of operation of its City Hall office. Given the merits of the issue and to keep rates as attractive as possible for City residents, I recommend that it be granted.
Motion by Miller, died for lack of a second.
Item No. 3:
The third attachment is a memo from the Public Works Director describing a proposed study of the City's Building Permit process. I agree with her comments and recommend that the City contract with the Center for Entrepreneurial Studies and Development, Inc. (WVU) for $3,000 to conduct the study and produce courses of action.
After discussion, motion by Byrne, second by Scafella, to approve the Center for Entrepreneurial Studies and Development, Inc. (WVU) to conduct the study of the City's Building Permit process. Motion carried 7-0.
Item No. 4:
The fourth attachment is a request seeking $2,000 to support the Fourth of July celebration in Morgantown organized by the Celebration of America Committee. Given the past successes of the events, I recommend that the request be granted from the Capital Escrow Account.
Motion by Bane, second by Byrne, to approve $2,000 from Capital Escrow Account to support the Fourth of July Celebration. Motion carried 7-0.
Item No. 5:
The last attachment from the Public Works Director describes a serious slip on Huntington Avenue that could have a potential cost of $100,000 to correct. To contend with this issue, I recommend that as an emergency action the City design and construct a retaining wall funded from the Capital Escrow Account contingency line item.
Motion by Byrne, second by Scafella, to fund up to $100,000 to construct a retaining wall on Huntington Avenue. Motion carried 7-0.
Item No. 6:
As discussed at the recent Committee of the Whole meeting, the Met Theatre Foundation acting on behalf of the Met Commission and the City of Morgantown has an opportunity to apply for $100,000 in Historic Preservation funds to continue the restoration of the Theatre. The grant requires a $100,000 match proposed to be equally funded by the County Commission and the City of Morgantown. Based upon the merits of the project and the return on investment, I recommend that the City make the $50,000 commitment (allocation will be made at a future date as per the grant schedule and appropriate City budget amendment.)
Motion by Byrne, second by Scafella, to approve the $50,000 match from the City to continue the restoration to the Theatre. Motion carried 7-0.
Item No. 7:
The last attachment is a memo from the Airport Director describing a proposed 2 year extension of the contract with Exxon Mobile Aviation to provide fuel for the Airport FBO. As allowed by the existing contract, I recommend that the extension be approved.
Motion by Scafella, second by Byrne, to approve the 2-year contract with Exxon Mobile Aviation to provide fuel for the Airport FBO. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little announced early voting and the last day to register to vote.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane mentioned the Youth Commission and the application process and asked for a Willowdale update.
City Manager Boroff replied that additional signage and painting will be done.
Councilor Manilla: No Report.
Councilor Scafella: Councilor Scafella had a request for a crosswalk to Riverfront residences; voiced Historic Landmarks request for $2,000 to mothball a High Street building; and proposed a Solid Waste master plan task force.
City Manager Boroff replied that the City has no right to expend money for a privately owned building.
Councilor Miller: Councilor Miller reported on the Evansdale NHA meeting.
Councilor Byrne: Councilor Byrne commented on meetings with property owners and a proposed Housing Authority trust fund; and endorsed the solid waste master plan task force idea.
Councilor Spencer: Councilor Spencer questioned: crosswalks strategy, a property trust fund, Sunnyside Up implementation, Upper High Street BID design status, and water rates.
City Manager Boroff gave a BID design update.
Mayor Justice: Mayor Justice scheduled the annual evaluations and announced future meetings and events.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:45
p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.