Morgantown City Council Minutes for 7-20-04

REGULAR MEETING JULY 20, 2004:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 20, 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 of the regular meeting on July 6, 2004, were approved as

printed.

CORRESPONDENCE:

Mayor Justice noted Frank Ferrell's letter concerning Outlook Street garbage, Mrs. Angotti's regarding police officers, and a thank you from the Celebration of America Committee.

PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS OF THE HEALTH AND SANITATION CODE:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

Richard Panico, 507 Beechurst Avenue, questioned user fees for the rental toters.

Frank Ferrell, 26 Outlook Street, requested that Outlook Street be removed from the list of designated streets.

There being no more appearances or objections, Mayor Justice declared this hearing closed.

PUBLIC HEARING-AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE REALTY FROM MCCOY 6 IN THE FOURTH WARD:

Removed from the Agenda as the deed was not ready.

PUBLIC HEARING-AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND AIR MIDWEST, INC. FOR USE OF THE AIRPORT FACILITIES:

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 AMENDING SECTIONS OF THE HEALTH AND SANITATION CODE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTIONS 1139.01, 1139.05, 1139.08, 1139.111 1139.12, AND 1139.15 AND DELETING THE CURRENT SECTION 1139.11 OF THE CITY OF MORGANTOWN'S HEALTH AND SANITATION CODE, AS THE SAME APPLY TO SOLID WASTE COLLECTION.

After discussion, motion by Miller, second by Scafella, to adopt the above entitled Ordinance. Motion to table by Spencer, died for lack of second. Motion by Scafella, second by Bane, to amend by deleting Outlook Street. Motion carried 7-0. Main motion carried 6-1 (Spencer voted NO).

AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND AIR MIDWEST, INC. FOR USE OF THE AIRPORT FACILITIES: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND AIR MIDWEST, INC., REGARDING THE USE OF MORGANTOWN MUNICIPAL AIRPORT FACILITIES.

Motion by Scafella, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

Mayor Justice inquired about an additional Chamber position to the Beautification Commission.

PUBLIC PORTION:

Richard Panico, 507 Beechurst Avenue, complimented the Fire Department and stated that Adelphia is refusing to hook up tenants.

Frank Ferrell, 26 Outlook Street, thanked Council for approving his request.

SPECIAL COMMITTEE REPORTS:

Councilor Byrne addressed the Sunnyside Up group progress. Councilor Spencer gave an update on Dorsey's Knob. Mayor Justice mentioned the Crime Task Force meeting and its future plans.

NEW BUSINESS:

AN ORDINANCE APPROVING THE RIVERFRONT DEVELOPMENT/REDEVELOPMENT DISTRICT NO. 2 PROJECT PLAN : The following entitled Ordinance was presented for first reading:

AN ORDINANCE APPROVING A PROJECT PLAN TO BE IMPLEMENTED IN A DEVELOPMENT/REDEVELOPMENT DISTRICT SITUATE IN THE CITY OF MORGANTOWN, KNOWN AS THE "CITY OF MORGANTOWN RIVERFRONT DEVELOPMENT/REDEVELOPMENT DISTRICT NO. 2" AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

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

AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING THE FY 2004-2005 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 Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET AS APPLIES TO THE COAL SEVERANCE FUND: The following entitled Ordinance was presented for first reading:

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

RESOLUTION TO APPLY FOR A $15,000 GRANT FOR THE WEST VIRGINIA PUBLIC THEATRE: The above entitled Resolution was presented for Council's approval.

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

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

The WV Office of Emergency Services has approved the City's Homeland Security Grant Application for $300,000. The funds will be immediately available and used to acquire special equipment for the City's Police and Fire Departments.

Item No. 2:

Governor Bob Wise has informed the City that a grant request for $5,000 has been approved to fund audio-visual equipment for Young Life of Mon Valley. The City will administer this grant.

Item No. 3.

To support the proposed Armory at the Airport, the Department of Transportation has identified three possible access roads to the site from CR 857 (northeast side of the Airport). The most likely option could be constructed with a cost of $3,502,000. The access road appears to be the only remaining issue to be resolved for the Armory project to become a reality. In the near future all this information will be presented to the MPO and funding sources pursued.

CITY CLERK'S REPORT:

City Clerk Little gave reminders of the WVML Conference and the Hot Dog Sale.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS (Role Reversal):

Councilor Spencer: Councilor Spencer commented on the MPO and Council; appreciation of Code Enforcement reports and 7^th Ward concerns; paper trail for voting machines; football partying on Oakland Street; and presented the new hearing devices available for meetings.

Councilor Byrne: Councilor Byrne reported on Vandalia Road drainage problems restricting truck traffic, and Code Enforcement reports

Councilor Miller: Councilor Miller suggested that the City Code, concerning trash, be put in rental leases; thanked Councilor Spencer for hearing devices; and discussed overgrown grass and shrubs as a traffic hazard.

Councilor Scafella: Councilor Scafella asked for clarification of hookup refusals; requested a future grant match of $4,800 for Wiles Hill; commented on the budget and street lights and paving; and Council's proposed bus tour.

Councilor Manilla: Councilor Manilla reiterated the street lighting idea, asked about a local BFI office and the conditions of BFI trucks.

Councilor Bane: Councilor Bane thanked MUB and the City Engineer for the Lambert Street drain, commented on the property maintenance reports and a Wagner Road historical house, requested coordinating paving with utility companies, and mentioned the triathlon for Habitat for Humanity.

Mayor Justice: Mayor Justice explained the MPO agenda structure, reported on a multi-agency meeting with the Economic Development Office for grant ideas, and noted that Congress has not passed a transportation plan which would provide MPO money.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at

9:10 p.m.

_____________________________ __________________________________

City Clerk Mayor

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