REGULAR MEETING JULY 1, 2003:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 1, 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, Don Spencer.
The meeting was called to order by the City Clerk.
OATH OF OFFICE FOR NEW COUNCIL 2003-2005:
City Clerk Linda Little administered the Oath of Office for the new council for the 2003-2005 term.
ELECTION OF MAYOR AND DEPUTY MAYOR:
City Clerk Linda Little opened the floor for Nominations for Mayor for 2003-2004.
Councilor Bane asked if Council had any objection to have election for the Deputy Mayor first. City Clerk Linda Little advised that procedurally the Mayor is appointed before the Deputy Mayor. Councilor Byrne commented that the Mayor has always been selected in the past this way and we should continue doing it that way, so I do object. There being no further objections, nominations were taken for Mayor.
Motion by Scafella, second by Manilla, to appoint Councilor Justice as Mayor.
City Clerk Linda L. Little asked if there were any more nominations for the office of Mayor.
Nominations were closed.
There being no further nominations, the City Clerk took a vote.
The final vote of 7-0 determined that Councilor Justice be selected as the new Mayor for 2003-2004.
City Clerk Linda Little then opened the floor for nominations for the office of Deputy Mayor for 2003-2004.
Motion by Miller, second by Scafella, to appoint Councilor Byrne as Deputy Mayor.
Motion by Bane, second by Spencer, to appoint Councilor Manilla as Deputy Mayor.
City Clerk Linda Little then asked if there were any more nominations.
There being no further nominations, the City Clerk took a vote.
The final vote of 4-3 determined that Councilor Byrne was selected as the Deputy Mayor for 2003-2004. (Bane, Manilla and Spencer voted for Manilla).
APPROVAL OF MINUTES: Minutes of the regular meeting on June 17, 2003, were approved as amended.
CORRESPONDENCE:
Chief Fetty presented Vanden King and Timothy Trentini as new Fire Fighters First Class.
Suzan Clemens, American Red Cross, presented City Clerk Linda Little with a plaque to the City for the blood drive.
Mayor Justice summarized Mike Giola's letter about the Convention & Visitors' Bureau and Main Street collaboration for a visitor's center/ museum on High Street and listed Celebration of America events.
BOARDS AND COMMISSIONS:
By acclamation, Don Spencer was appointed to the Traffic Commission and the alternate for the MPO.
PUBLIC PORTION:
Milton Cohen, 1060 Ross Street, spoke against the reimbursement Resolution.
Lt. Jim Nabors, MPD, thanked City Council for enacting the service revolver award ordinance.
NEW BUSINESS:
AN ORDINANCE AMENDING SECTIONS OF THE ZONING ORDINANCE FOR FULL SERVICE HOTELS: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 5, OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING A NEW SUBSECTION 26.1 DEFINING A "HOTEL, FULL SERVICE"; AND AMENDING SECTION 19(E)(2)(d), AS THE SAME APPLIES TO PRIVATE CLUBS ASSOCIATED WITH FULL SERVICE HOTELS.
After discussion, motion by Miller, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE FINANCING AND CONSTRUCTION OF A NEW "MILEGROUND" WATER TANK: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, MONONGALIA COUNTY DEVELOPMENT AUTHORITY, MORGANTOWN UTILITY BOARD, AND MONONGALIA COUNTY COMMISSION REGARDING THE FINANCING AND CONSTRUCTION OF A NEW WATER TANK AND SUPPORTING WATER LINES IN THE VICINITY OF "THE MILEGROUND".
After discussion, motion by Bane, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
APPROVAL OF MUNICIPAL AIRPORT CAPITAL IMPROVEMENT PLAN:
After discussion, motion by Scafella, second by Byrne, to approve the Airport Capital Improvement Plan. Councilor Spencer motioned to amend the Airport Capital Improvement Plan, second by Bane, to require the Plan be reviewed within 60 days by airport stakeholders who shall make recommendations to Council. Amendment carried 7-0. Main motion carried 7-0.
RESOLUTION FOR THE CITY TO BE REIMBURSED FOR CAPITAL EXPENDITURES OF "THE SQUARE AT FALLING RUN" PROJECT MADE PRIOR TO THE ISSUANCE OF TAX-EXEMPT REVENUE BONDS: The above entitled Resolution was presented for Council's approval.
The rules were suspended to allow Vince Collins and Mac Warner, Principals, to answer questions. Mayor Justice ordered Mr. Cohen removed from Council Chambers for disruption.
After discussion, motion by Miller, second by Byrne, to pass the above entitled Resolution. Motion carried 7-0.
Mayor Justice invited Mr. Cohen to return to Council Chambers.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
In mid June, the City's new vacant structure ordinance took effect. Since then, thirty-six vacant buildings have been registered with the City and sixty are being processed. The City asks that anyone knowing of a vacant building in Morgantown to please contact the Code Enforcement Office and report the location. Special Note: as a result of this ordinance, two long vacant structures have been placed on the market for sale and it is likely that two more will be demolished rather than make interior repairs.
Item No 2:
The City was recently informed that all residential trash services in the City of Morgantown are obligated to accept yard wastes without additional fees as part of their tariffs. There may have been some confusion about this is in the past. If anyone should have any questions about this, they are encouraged to speak directly with their trash service or contact the Public Service Commission in Charleston, WV.
NEW BUSINESS:
Item No. 1:
Attached you will find requests for two fair permits to serve beer as part of two very special events. Based upon the merits of the programs, I recommend that permits be granted to support the Annual Chicken Wing Cook Off and the Twilight 5 Miler.
Motion by Bane, second by Byrne, to grant fair permits to the Annual Chicken Wing Cook Off and the Twilight 5 Miler. Motion carried 7-0.
Item No 2:
The next attachment describes grant opportunities to implement Tree Board programs for the City. Given the merits of these initiatives, I recommend that $26,000 be budgeted in the Capital Escrow Account to leverage $52,000 in tree improvements.
After discussion, motion by Miller, second by Bane, to budget $26,000 to leverage Tree Board grants. Motion carried 7-0.
Item No 3:
As reported earlier, the City has uncovered coal as part of its taxiway construction project. To assure that the project continues on schedule, I recommend that the attached change order be authorized for the City to be reimbursed $17 per ton for removal of the coal for a savings of approximately $50,000 (will be determined by the actual amount removed).
After discussion, motion by Byrne, second by Scafella, to authorize a change order for Airport coal removal at $17 per ton. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little reported on the Colasessano Pepperoni Roll Sale for the United Way, the availability of packets and minutes on the City"s web site, City Clerk's office and Library, and thanked Lisa Martin, Debbie Smyth, the City Manager, and all of the City Employees involved with the recent Blood Drive.
CITY ATTORNEY'S REPORT:
City Attorney Steve Fanok responded to Mr. Cohen about the Resolution and noted that any legislation passed by the Council is signed by the Chair, which is the Mayor. City Attorney Steve Fanok noted that Steptoe & Johnson is bond counsel, not special counsel, and that a 1974 Ordinance provides for the City Manager to hire special counsel as needed.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane commented on police patrolling White Park, trash can lids, being a skeptic, the Learning Trail connected to Hayes Street, and asked for Greg Good to be on the COW agenda about the Trails.
Councilor Manilla: Councilor Manilla welcomed Don Spencer, remarked on the SPAN lighting petition, the South Park sign, the Sabraton exit ramp accident, and the TIF resolution. The petition and sign will be on the COW agenda.
Councilor Scafella: Councilor Scafella, on behalf of Wiles Hill, thanked SPAN for the lighting and sign processes, noted McCullough parking problems and requested a solution from the Traffic Commission. Councilor Scafella thanked the Dominion Post for the Trail Guide and noted the BOPARC video equipment can be used in the Met Theatre.
Councilor Miller: Councilor Miller mentioned trash can lids, McCullough parking and speeding, requested informing people which vacant buildings are being looked after. Councilor Miller complimented Jeff Mikorski for the on-line newsletter, noted training session for the Planning Commission and BZA, invited Council to Beautification meeting, welcomed Don Spencer, and congratulated Ron and Bill.
Councilor Byrne: Councilor Byrne asked that Maple Avenue go back to one-way, noted traffic concerns with the Square at Falling Run and Downtown and urged TIF questions, Councilor Byrne welcomed Don Spencer and reflected on being Deputy Mayor.
Councilor Spencer: Councilor Spencer commented on being on Council, Florence Merow and the complexity of public life. Councilor Spencer addressed regular public reports on air quality, completion of the new zoning ordinance by HNTB, evening and Sunday parking, and the DOT preliminary design for Beechurst Avenue. Councilor Spencer asked that the Morgantown City Charter be added to the oath, gave appreciation for the web site, and requested the microphones be fully used.
Mayor Justice: Mayor Justice suggested the Beautification Chair be at COW, thanked Miller for her service as Deputy Mayor, remarked on "Stranded on the Rock", and BOPARC movie night at the Amphitheater. Mayor Justice noted WVU donation for the video equipment and thanked city employees for their support of the United Way, Relay for Life, the Red Cross, and Dorsey Knob.
EXECUTIVE SESSION:
Council by unanimous consent moved the executive session to the next regular meeting.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:45 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.