REGULAR MEETING AUGUST 3, 2004:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 3, 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, Teresa Miller, Bill Byrne, Don Spencer. Frank Scafella Absent.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes of the regular meeting on July 20, 2004, were approved as
printed.
CORRESPONDENCE:
Mayor Justice welcomed Boy Scout Troop 65 and the Journalism class; announced the upcoming Greatest Garage Sale, After Hours at Hazel Ruby McQuain Park, tonight is National Night Out and thanked Neighborhood Watch committees; and mentioned letters from Joseph DeVincent about police, to John Martys from HUD, from Tim McCune about towing, Harold Moore about speeding in Suncrest, and Sen. Byrd for Mon-Fayette Expressway funding.
PUBLIC HEARING-AN ORDINANCE APPROVING THE RIVERFRONT DEVELOPMENT/REDEVELOPMENT DISTRICT NO. 2 PROJECT PLAN :
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
Milton Cohen, 1060 Ross Street, spoke against the ordinance.
After 30 minutes, Mayor Justice asked Mr. Cohen to take his seat. After his refusal, Corporal Smith was requested to remove Mr. Cohen from Council Chambers. Mr. Cohen refused to leave and asked the City Attorney what his rights were. City Attorney Fanok replied that he had exceeded his rights as a citizen before this City Council. The Mayor has found you out of order and asked that you be removed from the room, which he has the absolute right to do under the law.
Steve Guffey, 1403 Far Meadows, asked that some of Mr. Cohen's questions be addressed.
There being no more appearances or objections, Mayor Justice declared this hearing closed.
PUBLIC HEARING-AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET AS APPLIES TO THE 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.
PUBLIC HEARING-AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET AS APPLIES TO THE 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.
UNFINISHED BUSINESS:
AN ORDINANCE APPROVING THE RIVERFRONT DEVELOPMENT/REDEVELOPMENT DISTRICT NO. 2 PROJECT PLAN : The following entitled Ordinance was presented for second 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.
The rules were suspended to allow Vince Collins, Steptoe & Johnson, to answer questions from Council. After discussion, motion by Byrne, second by Miller, to adopt the above entitled Ordinance. Motion carried 6-0. (Scafella Absent).
AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: The following entitled Ordinance was presented for second 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
The City Manager explained a minor amendment from the Finance Director. Motion by Bane, second by Miller, to adopt the above entitled Ordinance. Motion carried 6-0. (Scafella Absent).
AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET AS APPLIES TO THE COAL SEVERANCE FUND: The following entitled Ordinance was presented for second 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 COAL SEVERANCE FUND.
Motion by Miller, second by Bane, to adopt the above entitled ordinance. Motion carried 6-0. (Scafella Absent).
BOARDS AND COMMISSIONS:
By acclamation, reappointments of Reed Tanner to the Library Board and Ken Fones-Wolf to the Personnel Board.
PUBLIC PORTION:
Martin Christ, Friends of Deckers Creek, requested Carp Festival funding.
Milton Cohen, 1060 Ross Street, commented on the Charter and duties.
Mayor Justice requested that Mr. Cohen not swear so much.
Steve Guffey, 1403 Far Meadows, asked about annexation policies and procedures.
City Manager Boroff responded with the different ways of annexation.
SPECIAL COMMITTEE REPORTS:
Councilor Manilla addressed the Business Improvement District meeting. Councilor Spencer gave an update on Dorsey's Knob. Councilor Byrne mentioned the next Sunnyside Up meeting.
NEW BUSINESS:
AN ORDINANCE FOR A PROPOSED CHARTER AMENDMENT TO REMOVE THE REQUIREMENT THAT THE CITY CLERK BE A RESIDENT OF THE CITY: The following entitled Ordinance was presented for first reading:
AN ORDINANCE OF THE CITY OF MORGANTOWN PROVIDING FOR A PROPOSED CHARTER AMENDMENT, WHICH CHARTER AMENDMENTS WOULD AMEND SECTION 2.08 BY REMOVING THE REQUIREMENT THAT THE CITY CLERK BE A RESIDENT OF THE CITY.
Motion by Byrne, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Scafella Absent).
AN ORDINANCE AMENDING A LEASE AGREEMENT WITH TAILWINDS, INC. AT THE AIRPORT: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND TAILWINDS, INC. (LESSEE) AS IT PERTAINS TO THE MORGANTOWN MUNICIPAL AIRPORT.
Motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Scafella Absent).
AN ORDINANCE AMENDING SECTIONS 363.08(b), (c) AND (e), OF THE TRAFFIC CODE AS APPLIES TO PARKING METER RATES AND OVERTIME FINES: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 363.08(b), 363.08(c) AND 368.03(e) OF ITS TRAFFIC CODE AS THE SAME APPLIES TO PARKING METER HOURLY RATES AND OVERTIME PARKING FINES.
The rules were suspended to allow Tom Arnold, Parking Authority, to address questions from Council. Motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Scafella Absent).
RESOLUTION TO INCREASE MONTHLY PARKING RATES: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Miller, second by Byrne, to pass the above entitled Resolution. Motion carried 6-0. (Scafella Absent).
RESOLUTION APPROVING A CHANGE OF SCOPE TO INCLUDE DORSEY'S KNOB LODGE: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Miller, second by Bane, to pass the above entitled Resolution. Motion carried 6-0. (Scafella Absent).
RESOLUTION TO ADMINISTER A GRANT CONTRACT OF $5,000 FOR AUDIO-VISUAL EQUIPMENT FOR YOUNG LIFE OF MON VALLEY: The above entitled Resolution was presented for Council's approval.
After discussion, motion by Miller, second by Byrne, to pass the above entitled Resolution. Motion carried 6-0. (Scafella Absent).
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
Effective 11 o.clock this morning, the City of Morgantown does have a brand new Chief of Police, Chief Phil Scott. In accepting the responsibilities of this office, I am confident that he will expertly serve the City of Morgantown in a very professional way and I am very pleased to see this happen.
NEW BUSINESS:
Item No. 1:
The Greater Morgantown Community Trust is requesting $1,550 to help publish a report of its programs and activities that will be made available to the community at large. Given the effectiveness of this Trust with such initiatives as Dorsey's Knob, I recommend that the request be granted from the Capital Escrow Account.
After discussion, motion by Byrne, second by Miller, to grant the GMCT request for $1,550 from the Capital Escrow Account. Motion carried 6-0. (Scafella Absent).
Item No. 2:
Main Street Morgantown has realized increases in its insurance costs. Given the effectiveness of this program with such initiatives as the three Business Improvement District Projects underway, I recommend that $3,500 be granted from the Capital Escrow Account to fund this shortfall.
After discussion, motion by Miller, second by Byrne, to grant the Main Street request for $3,500 from the Capital Escrow Account. Motion carried 6-0. (Scafella Absent).
CITY CLERK'S REPORT:
City Clerk Little thanked the videotaper and gave a reminder of the WVML Conference.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane requested University Avenue to Callen Avenue reflectors.
Councilor Manilla: Councilor Manilla asked about the condition of the Charleston Avenue tower and noted the alley by the Senior Center looks bad.
City Manager Boroff replied that tower is to be demolished during this calendar year.
Councilor Scafella: Absent.
Councilor Miller: No Report.
Councilor Byrne: Councilor Byrne congratulated Chief Phil Scott, thanked the City and MUB for work on drainage issues, stated that Deckers Creek is important to economic development, and reported on a possible meeting with BFI competitiors.
Councilor Spencer: Councilor Spencer commented on the Friends of Deckers Creek and moved to approve the funding request.
City Attorney Fanok pointed out that it has to be on the agenda for any action to be taken.
Councilor Spencer spoke about greenspace in parking lots with a request that it be on the COW agenda, the success of the Arts on the River, Milton Cohen, and the Wiles Hill picnic tonight.
Mayor Justice: Mayor Justice announced future events and commended the programming at the Amphitheatre.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at
9:28 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.