REGULAR MEETING JUNE 3, 2003:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 3, 2003, 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, Florence Merow.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes of the regular meeting on May 20, 2003, were approved as printed.

CORRESPONDENCE:



Mayor Justice read a proclamation for the West Virginia Special Olympics Summer Games and presented a Key to the City to Howard Wilson, a bowling competitor going to the World Games in Ireland.



Mayor Justice read a letter from the West Virginia Rural Water Association, announced Main Street's seminar and its 2002 awards, summarized letters about R1-A zoning, read 2 thank you letters from military personnel in Iraq, and mentioned the Montgomery County, VA, University of Miami resolution.



Councilor Manilla read Jonathan Cumming's letter about changing occupancy rates.



Mayor Justice noted the progress of the inquiry to the Benedum Foundation.



PUBLIC HEARING - REZONING 71 PARCELS IN THE FIRST WARD TO (B-4) GENERAL BUSINESS PEDESTRIAN DISTRICT:



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 - AMENDING FY BUDGET 2002-2003 COAL SEVERANCE FUND:



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 - AMENDING FY BUDGET 2002-2003 GENERAL FUND:



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 REZONING 71 PARCELS IN THE FIRST WARD TO (B-4) GENERAL BUSINESS DISTRICT: The following entitled Ordinance was presented for second reading:

AN ORDINANCE PROVIDING FOR THE REZONING OF SEVENTY-ONE (71) PARCELS OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (B-4) GENERAL BUSINESS, NON-PEDESTRIAN DISTRICT TO (B-4) GENERAL BUSINESS, PEDESTRIAN DISTRICT BY AMENDING SECTION 13 OF THE ZONING ORDINANCE 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 Scafella, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.



AN ORDINANCE AMENDING THE FY 2002-2003 COAL SEVERANCE FUND : The following entitled Ordinance was presented for second reading:



AN ORDINANCE AMENDING THE FY 2002-2003 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 COAL SEVERANCE FUND.

After discussion, motion by Merow, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.



AN ORDINANCE AMENDING THE FY 2002-2003 GENERAL FUND : The following entitled Ordinance was presented for second reading:



AN ORDINANCE AMENDING THE FY 2002-2003 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 Miller, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:



By acclamation, Denver Allen and Edward Cordwell were reappointed to BOPARC.





PUBLIC PORTION:



Richard Panico, 453 Beechurst Ave, spoke against changing R1-A zoning and mentioned a citation he had received.



Paul Steel, 220 Grand Street, spoke against changing R1-A zoning.



Don Spencer, 565 Harvard Avenue, spoke against changing R1-A zoning and the Gen Power financial arrangement.



John Super, 228 Park Street, spoke against changing R1-A zoning and that South Park is a historic neighborhood.



Jan Labys, 221 Grand Street, spoke against changing R1-A zoning.



SPECIAL COMMITTEE REPORTS:



Mayor Justice reported on the Metropolitan Theatre Commission.



Councilor Byrne spoke about the Solid Waste Task Force meeting with community leaders.



NEW BUSINESS:



AN ORDINANCE AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL PAY & HAZARDOUS DUTY PAY OF THE PERSONNEL RULES: The following 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 MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.

After discussion, motion by Merow, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.



AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR EMPLOYEES: The following entitled Ordinance was presented for first reading:



AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2003-2004.

Motion by Miller, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.



AN ORDINANCE CREATING A NEW SECTION 137.04 AWARD OF SERVICE REVOLVER TO RETIRED/DISABLED POLICE OFFICERS: The following entitled Ordinance was presented for first reading:

AN ORDINANCE CREATING A NEW SECTION 137.04 WITHIN THE MORGANTOWN CITY CODE AUTHORIZING THE AWARD OF A SERVICE REVOLVER TO MORGANTOWN POLICE OFFICERS UPON EITHER THEIR RETIREMENT OR DISABILITY, AS DEFINED WITHIN SECTION 137.04.



Motion by Bane, second by Manilla, to pass the above entitled ordinance to second reading. Motion carried 7-0.



AN ORDINANCE REPEALING SECTION V-8 & ADOPTING NEW SECTION V-8 OF PERSONNEL RULES AS THE SAME APPLIES TO MILITARY DUTY: The following entitled Ordinance was presented for first reading:



AN ORDINANCE REPEALING SECTION V-8 OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN, AND ADOPTING A NEW SECTION V-8 AS THE SAME APPLIES TO MILITARY DUTY OF CITY EMPLOYEES.



Motion by Merow, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.



RESOLUTION APPROVING THE 2003-2004 BUDGET FOR THE MORGANTOWN MUNICIPAL AIRPORT: The above entitled Resolution was presented for Council's approval:



Motion by Merow, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.

RESOLUTION APPROVING THE 2003-2004 BUDGET FOR THE MORGANTOWN MUNICIPAL AIRPORT IMPROVEMENT FUND: The above entitled Resolution was presented for Council's approval.



Motion by Miller, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.



RESOLUTION URGING THE UNIVERSITY OF MIAMI TO REMAIN A MEMBER OF THE BIG EAST CONFERENCE: The above entitled Resolution was presented for Council's approval.



After discussion, motion by Bane, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:



INFORMATION:



Item No. 1:



At the past Committee of the Whole, Council discussed the desirability of substituting ICC occupancy standards for the City's three non related standard. In the discussion there seemed to be a clear interest in this with the assurance that it would not interfere with the character of R-1 and R-1-A neighborhoods. Legal research indicates that this condition may not be achievable. The indicators are that if adopted, the new standard would be applicable to all residential areas. Given that the condition may not be put in place, Council may want to reconsider this initiative.



After discussion, Council concurred to put ICC occupancy standards on hold.



NEW BUSINESS:



Item No 1:



Attached you will find correspondence from the Alcohol Beverage Control Administration seeking concurrence for off-premise consumption of wine at the Arts & River Festival on July 26-27, 2003. Given the past success of this event, I recommend that the agreement be granted.



Motion by Byrne, second by Manilla, to grant wine consumption at the Arts & River Festival for July 2003. Motion carried 7-0.



Item No 2:



The City has received an invitation to participate in the 2003 Capitol Holiday Tree event as the National Holiday Tree travels from Idaho to Washington, D.C. this coming November. Based upon the success of the Olympic Torch Run, I recommend that the City accept the invitation and work with Main Street Morgantown and the Convention and Visitor's Bureau to organize the celebration.



Motion by Miller, second by Scafella, to participate in the Capitol Holiday Tree event. Motion carried 7-0.



CITY CLERK'S REPORT:

City Clerk Little reported on the IIMC Conference; thanked the Library for availability of meeting CD's; and mentioned the United Way fund-raiser.

CITY ATTORNEY'S REPORT:



City Attorney Fanok responded to Mr. Panico's comments and stated that the legal issue as to whether police officers were properly issuing citations would be decided by the Municipal Court Judge who would be hearing the case. If the defendant doesn't agree with the Judge's decision, he/she has the right to appeal to Circuit Court. If that happens, the City will follow the ruling of the Circuit Court Judge. As to the Zoning Ordinance and its family definition, it supercedes the State Building Code's occupancy requirements. Both the former BOCA Code and ICC Code say that a municipality's zoning ordinance shall govern if its requirements are different from that in the Code. The City has been challenged over this issue more than once in the past and the Circuit Court has upheld the City's position.







REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane mentioned Wayne Street construction, speeding in 1st Ward, trash on Dorsey Avenue and Adaline Street, and Prairie Avenue parking.



Councilor Manilla: Councilor Manilla noted Clark Street residents are concerned with trash and housing code violations and speeding, and need to focus on trash and Building Inspection citations with a copy of complaints to each Councilor.



Councilor Scafella: Councilor Scafella requested Willowdale Road lights and speed hump status and more police surveillance.



City Manager Boroff responded that Engineering is working on this.

Councilor Scafella noted trash has been a problem over the years.



Councilor Miller: Councilor Miller had the same problems using Suburban Sanitation, requested an ordinance to stop the rain and congratulated Mayor Justice on his Main Street award.



Councilor Byrne: Councilor Byrne commented on grand-fathering and non-conforming use, encouraged using Jambie and Officer Bender for addressing trash problems, and Special Olympics needs volunteers.



Councilor Merow: Councilor Merow noted past participation with Special Olympics, mentioned that a Resolution should follow at the June 17th meeting and presented a memo asking Monongalia County Commission, Monongalia County Economic Development Authority and Monongalia Board of Education refrain from adopting the proposed Power Plant at Fort-Martin until City Council has an opportunity to give it's opinion concerning the plant on June 17, 2003. Council approved memorandum by unanimous consent. Councilor Merow mentioned the trash problem and the Walnut Street entrance to the park.



City Manager Boroff replied that we continue to seek funding for the park entrance.



Mayor Justice: Mayor Justice provided and summarized a memo on enforcement issues with 14 recommendations.

By acclamation, $365.00 was approved for school folders for Woodburn Elementary.

Mayor Justice noted Louise and Listravia Avenue complaints and listed future meetings and events.







ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:24p.m.







_____________________________ __________________________________

City Clerk Mayor



*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.