REGULAR MEETING MAY 18, 2004:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 18, 2004, at 7:30 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. 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 from the regular meeting on May 4, 2004, were approved as printed.
CORRESPONDENCE:
Mayor Justice read and presented a proclamation observing May 9-15 as Police Week & May 15 as Peace Officers' Memorial Day and accepted a Certificate of Appreciation from the United States Marine Corps.
PUBLIC HEARING-AN ORDINANCE ACCEPTING A GIFT OF REALTY FROM THE METROPOLITAN THEATRE FOUNDATION, INC.:
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 hearing closed.
PUBLIC HEARING-AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE FIRST BAPTIST CHURCH AND THE PARKING AUTHORITY:
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 hearing closed.
PUBLIC HEARING-AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE REALTY AND A RIGHT-OF-WAY FROM WVU IN THE 4TH & 5TH WARDS:
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 hearing closed.
PUBLIC HEARING -AN ORDINANCE AMENDING SECTION 351.10 AS APPLIES TO DRIVING UNDER SUSPENSION OR REVOCATION, AND REDUCING THE ALCOHOL CONCENTRATION TO .08:
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 hearing closed.
PUBLIC HEARING -AN ORDINANCE AMENDING ARTICLE 333, DRIVING UNDER THE INFLUENCE TO REFLECT CHANGING TO .08:
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 hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE ACCEPTING A GIFT OF REALTY FROM THE METROPOLITAN THEATRE FOUNDATION, INC.: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO ACCEPT A GIFT OF REALTY, KNOWN AS THE METROPOLITAN THEATRE, FROM THE METROPOLITAN THEATRE FOUNDATION, INC.
After discussion, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE FIRST BAPTIST CHURCH AND THE PARKING AUTHORITY: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE FIRST BAPTIST CHURCH (LESSOR) AND MORGANTOWN PARKING AUTHORITY (LESSEE) AS THE SAME APPLIES TO CHURCH REALTY LOCATED
After discussion, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE REALTY AND A RIGHT-OF-WAY FROM WVU IN THE 4TH & 5TH WARDS: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE, BY DEED, REALTY AND A RIGHT-OF-WAY FROM THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS; SAID REALTY CONSISTING OF PARCELS 400,401 AND 402.1 AND MAP 20 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, AND A RIGHT-OF-WAY THROUGH AND ACROSS PARCEL 73 ON MAP 21 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN AND PARCEL 3 ON MAP 58 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN.
After discussion, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 351.10 AS APPLIES TO DRIVING UNDER SUSPENSION OR REVOCATION, AND REDUCING THE ALCOHOL CONCENTRATION TO .08: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 351.10 OF THE MORGANTOWN CITY CODE AS THE SAME APPLIES TO DRIVING UNDER SUSPENSION OR REVOCATION, AND REDUCING THE ALCOHOL CONCENTRATION FROM TEN HUNDREDTHS OF ONE PERCENT TO EIGHT HUNDREDTHS OF ONE PERCENT.
After discussion, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING ARTICLE 333, DRIVING UNDER THE INFLUENCE TO REFLECT CHANGING TO .08: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 333, DRIVING UNDER THE INFLUENCE, INCLUDING SECTIONS 333.01,333.04,AND 333.05 OF THE MORGANTOWN CITY CODE TO REFLECT CHANGES IN THE STATE STATUES CHANGING THE ALCOHOL CONCENTRATION FROM TEN HUNDREDTHS OF ONE PERCENT TO EIGHT HUNDREDTHS OF ONE PERCENT.
After discussion, motion by Byrne, second by Scafella, to adopt the above entitled Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
There being no Boards and Commissions appointments, Mayor Justice moved to the Public Portion.
PUBLIC PORTION:
SPECIAL COMMITTEE REPORTS:
Councilor Byrne
NEW BUSINESS:
AN ORDINANCE AMENDING 2003-2004 GENERAL FUND BUDGET: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE FY 2003-2004 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.
After discussion, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
A RESOLUTION FOR A PROPERTY AND EQUIPMENT LEASE BY AND BETWEEN
THE CITY OF MORGANTOWN (LESSOR) AND NATIONAL BIOMETRIC SECURITY PROJECT (LESSEE): The above entitled Resolution was presented for Council's approval:
Motion by Spencer, second by Bane, to pass the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
The current edition of "Men's Journal" lists Morgantown as the Third Best Small Town in the Country. This ranking along with other recent national listings speak directly to the vitality and quality of life in the Greater Morgantown Area.
Item No. 2:
This month the West Virginia Office of Emergency Services announced that Morgantown may receive $300,000 in Homeland Security Funds to develop a basic response capability for weapons of mass destruction that will enhance the State Regional Response Team Program. The application for these funds has to be submitted by June 18, 2004, and the funds may be available for expenditure as early as July, 2004.
NEW BUSINESS:
Item No. 1:
Attached you will find a request from the Mon River Trails Conservancy for $2,000 to support the fifth annual Trail Mix Celebration that will be held on June 5, 2004. Given the importance of the 51 mile trail network to Morgantown, I recommend that the request be approved and funded from the Capital Escrow Account.
Item No. 2:
The second attachment also seeks $2,000 to support the Fourth of July celebration organized by the Celebration of America Committee. Given the success of past programs, I also recommend that the request be approved and funded by the Capital Escrow Account.
Item No. 3:
The third attachment is a Reimbursement Agreement required by the FAA to relocate the NAVAIDS/VISAIDS devices at the City Airport as part of the safety area extension project. The City will be able to recapture the $4,914 cost of this action through the Airport Improvement Grant. To assure that the safety area extension and ultimately the runway extension are realized in a timely way, I recommend that this Agreement be approved.
Item No. 4:
The last attachment is an important milestone in effecting the $500,000 BID project on High Street. In it the Downtown Review Committee proposes that E.G. & Bl, Inc. Be awarded the design, engineering, and inspection contract for the project for a cost of $84,000. I concur with their findings and recommend that the action be taken.
CITY CLERK'S REPORT:
City Clerk Little thanked the community for supporting the Colasessano pepperoni roll sale and reported that the fund raiser made over $4000 this year for the United Way.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane
Councilor Manilla: Councilor Manilla
Councilor Scafella: Councilor Scafella
Councilor Miller: Councilor Miller
Councilor Byrne: No Report.
Councilor Spencer: Councilor Spencer
Mayor Justice: Mayor Justice gave.
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 COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.