REGULAR MEETING SEPTEMBER 18, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 18, 2007, at 7:30P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Charlie Byrer, Jenny Selin, Bill Byrne, Don Spencer.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on September 4, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice presented a Constitution Week proclamation; announced Tree City USA designation for the 10th year and a health care reform forum; spoke about the Community Newcomers Club; welcomed a journalism class; announced a Reading Rally and Council concurred that Halloween will be October 31st, from 6:00 to 7:00 p.m.
PUBLIC HEARING - AN ORDINANCE AUTHORIZING A LEASE WITH AUGUSTA APARTMENTS, LLC FOR TEMPORARY TENANT PARKING:
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 public hearing closed.
PUBLIC HEARING - A RESOLUTION AND ORDINANCE FOR THE ISSUANCE OF NOT MORE THAN $3,000,00 IN TAX INCREMENT REVENUE BONDS FOR FALLING RUN PROJECT NO. 1:
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 public hearing closed.
PUBLIC HEARING - AN ORDINANCE AUTHORIZING A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH COMCAST:
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 public hearing closed.
PUBLIC HEARING - AN ORDINANCE AUTHORIZING A SOLID WASTE AGREEMENT WITH ALLIED WASTE SERVICES:
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 public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AUTHORIZING A LEASE WITH AUGUSTA APARTMENTS, LLC FOR TEMPORARY TENANT PARKING: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND AUGUSTA APARTMENTS, LLC (LESSEE) REGARDING CITY OF MORGANTOWN REALTY LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AND WHICH AUGUSTA APARTMENTS, LLC INTENDS TO USE FOR TEMPORARY VEHICULAR PARKING FOR AUGUSTA APARTMENT TENANTS.
After discussion, motion by Manilla, second by Spencer, to adopt the above entitled ordinance. Motion carried 7-0.
A RESOLUTION AND ORDINANCE FOR THE ISSUANCE OF NOT MORE THAN $3,000,00 IN TAX INCREMENT REVENUE BONDS FOR FALLING RUN PROJECT NO. 1: The below entitled Ordinance was presented for second reading:
A RESOLUTION AND ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE OF NOT MORE THAN $3,000,000 AGGREGATE PRINCIPAL AMOUNT OF TAX INCREMENT REVENUE BONDS (FALLING RUN PROJECT NO.1), SERIES 2007 A OF THE CITY OF MORGANTOWN TO FINANCE COSTS OF DESIGN, ACQUISITION, CONSTRUCTION AND EQUIPPING OF INFRASTRUCTURE IMPROVEMENTS IN THE CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO. 1, AND ALL NECESSARY APPURTENANCES AND RELATED FACILITIES, AND OTHER EXPENSES AND COSTS RELATED THERETO AND TO THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, A DEVELOPMENT AGREEMENT, A BOND PURCHASE AGREEMENT, AND A TAX AND NON-ARBITRAGE CERTIFICATE AND OTHER DOCUMENTS FOR SUCH BONDS; AUTHORIZING DISTRIBUTION OF AN OFFICIAL STATEMENT, A LIMITED OFFERING MEMORANDUM, A PRIVATE PLACEMENT MEMORANDUM OR OTHER OFFERING DOCUMENT FOR SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF OTHER DOCUMENTS, INSTRUMENTS, AND AGREEMENTS AND CERTIFICATES; AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH BONDS; PROVIDING PARAMETERS FOR THE PRINCIPAL AMOUNTS, MATURITIES, INTEREST RATES AND OTHER TERMS OF SUCH BONDS; AUTHORIZING THE MAYOR AND CITY MANAGER TO APPROVE, EXECUTE AND DELIVER A CERTIFICATE OF DETERMINATION RELATING TO THE FINAL TERMS OF THE BONDS; APPOINTING A TRUSTEE, REGISTRAR, PAYING AGENT AND OTHER PARTICIPANTS IN THE FINANCING; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS RELATING TO THE PROJECT AND ISSUANCE OF SUCH BONDS.
Motion by Byrne, second by Selin, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT WITH COMCAST: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A CABLE TELEVISION FRANCHISE RENEWAL AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (GRANTOR) AND COMCAST OF COLORADO/PENNSYLVANIA/WEST VIRGINIA, LLC (GRANTEE).
After discussion, motion by Byrne, second by Manilla, to adopt the above entitled ordinance. Motion by Spencer to correct the page 16 list. After explaining, the City Manager will send a letter to our U. S. Congressmen and make an administrative request to add the Wiles Hill Senior Center. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A SOLID WASTE AGREEMENT WITH ALLIED WASTE SERVICES: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A SOLID WASTE MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC.
After discussion, motion by Selin, second by Byrer, to adopt the above entitled ordinance. Motion by Byrne, second by Spencer for page 12, paragraph K to include dumpsters. Motion carried 7-0. Main motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Ralph Schmitt was appointed to Historic Landmarks.
PUBLIC PORTION:
Sister Mary Rehmann, 200 Simpson Street, commended council for energy conservation measures.
Simone O’Hara, 515 Clark Street, spoke against a 12-story building downtown and asked what is happening at Mountaineer Mall.
Dady Dadyburjor, 645 Sylvan Place, spoke against a new house on a non-conforming lot in Wilson Addition of Suncrest.
Bill Bryan, 647 Southview Street, stated the new house did not conform with zoning.
Mark Thomas, 652 Villa Place, noted that most homes there are on two lots and there was no notification prior to the arrival of heavy equipment.
Louis Birurakis, 435 Cobun Avenue, asserted that sewer infrastructure is not keeping up with all the new construction.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Councilor Spencer requested that the Human Rights Commission to be reorganized as the Inclusive Cities Commission as suggested by Mayor Justice in the previous meeting ; discussed the Airport Advisory Committee meeting and announced the Neighborhood Coordinating Council meeting. Councilor Byrer, Historic Landmarks, had a request that First Ward be a Historic District and announced the BOPARC Master Plan public hearing. Councilor Bane advised of the Metropolitan Theatre meeting time change and noted they selected the interior architect. Councilor Selin noted the postponement of the Planning Commission workshop on B-4 changes. Councilor Manilla said that the Main Street Board requested the tabling.
NEW BUSINESS:
AN ORDINANCE AMENDING SOLID WASTE RULES FOR CERTAIN AREAS FOR CONTAINER , RATES AND PAYMENT FOR SERVICES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 1139.01, 1139.04, 1139.05, 1139.08 1139.09, 1139.11, 1139.12, 1139.15 AND 1139.16 OF THE CITY OF MORGANTOWN’S HEALTH AND SANITATION CODE AS THE SAME APPLIES TO DEFINITIONS, TRASH AND SOLID WASTE CONTAINERS, STORAGE OR SOLID WASTE AND RECYCLABLES, LITTERING AND PERMITTING PREMISES TO BECOME UNSANITARY OR HAZARDOUS, STORAGE OR SOLID WASTE, RULES FOR CERTAIN DESIGNATED AREAS, ACCESSIBILITY OF SOLID WASTE AND RECYCLING CONTAINERS, RATES, AND PAYMENT FOR SERVICES.
After discussion, motion by Spencer, second by Bane, to table the above entitled Ordinance. Motion carried 7-0.
A SUPPLEMENTAL RESOLUTION APPROVING AND THE ISSUANCE BY THE CITY OF MORGANTOWN OF $8,400,000 AGGREGATE PRINCIPAL AMOUNT OF IT’S COMMERCIAL DEVELOPMENT REVENUE BONDS SERIES 2007 (WEST VIRGINIA UNIVERSITY ALUMNI ASSOCIATION, INC. PROJECT) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND EQUIPPING OF CERTAIN FACILITIES, CONSISTING GENERALLY OF A NEW WEST VIRGINIA UNIVERSITY ALUMNI CENTER, TOGETHER WITH ALL NECESSARY APPURTENANCES AND RELATED FACILITIES AND PAYING COSTS OF ISSUANCE OF SUCH BONDS.: The above entitled Resolution was presented for approval:
After discussion, motion by Bane, second by Byrer, to pass the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
The $3,000,000 Preliminary TIF Bond Closing for the Square at Falling Run has been scheduled for October 4, and the Final Closing for October 5, 2007. By these actions, the City will be qualified to request the remaining $1,000,000 of the State Economic Development Grant to acquire additional property for the Parking Garage that will support this project. The request will be made October 5, 2007.
Item No.2:
Over the past five years, the City of Morgantown pension funds have received very generous stock donations from private companies that have now been liquidated for $8,800,000. As a result of these donations, the actuarial soundness of the programs have been substantially advanced.
Item No. 3:
Attached you find a memo describing Green Team membership criteria. As per the suggestions discussed, the following individuals will be appointed to the Team: Nelson France, Steven Woodruff, John Hall, Will Reilly, Pat Reilly, Charles Harris, Chris Van Dyke, Duane Nichols, William Wonderlin, James Kotcon, Joshua Rutkowski, Rodger Dotson, Paul Brown, Linda Durfee, Al Stiller, and Evan Hanson. In the near future, the first meeting of the Team will be organized and the most immediate, probable projects will be reviewing the new Fire Station plans and the proposed energy conservation strategy for municipal facilities.
NEW BUSINESS:
Item No. 1:
The second attachment is a memo from the Finance Director reporting a new State requirement for the City to appoint an Audit Committee. The Committee’s responsibilities will be to solicit and review proposals from qualified accounting firms to conduct the City’s annual audit. The Committee will also recommend to Council (subject to State Tax Office approval) which firm should do the work. Given the State requirements for the Committee, I recommend that the Finance Director, the Assistant City Manager, and one member of City Council be appointed to the Committee.
Councilor Byrne volunteered to be appointed. Motion by Bane, second by Selin, to accept the three individuals and the City Manager on that committee. Motion carried 7-0.
Item No. 2:
The last attachment is a proposed engagement letter to employ Steptoe & Johnson as bond counsel for the $3,000,000 Square at Falling Run TIF bond for a cost of $55,000. Based upon the expertise of this firm, I recommend that execution of the letter be authorized.
Motion by Manilla, second by Bane, to employ Steptoe & Johnson. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane addressed Mr. Birurakis’ situation: MUB has been trying to work with him and this is causing a delay in already funded Suncrest stormwater construction and clarified that the new construction is outside city limits.
Councilor Manilla: Councilor Manilla questioned the Sunnyside Up Master Plan and infrastructure issues and requested quarterly reports; and asked about the Kane-Core permit status and non-conforming lots in Suncrest.
City Manager Boroff stated that MUB has started a study, the grading permit expires in November and the non-conforming lots were legally established before the city zoning.
Councilor Byrer: Councilor Byrer requested more lighting under the S. High Bridge; told of a collapsed culvert at 449 Morgan Street; and announced that Wiles Hill Senior Center is now open.
City Manager Boroff cautioned that people shouldn’t be going into those remote, isolated areas and walking the trails after dark is not a smart thing to do.
Councilor Selin: Councilor Selin asked who to contact for broken walk signals and dumpster requests; commented on dope smoking by Towers and using corrugated pipe to prevent girdling of newly planted trees.
City Manager Boroff said the city is the contact and he will send a letter to WVU.
Councilor Byrne: Councilor Byrne commented on the South Hills picnic and graveling around mailboxes; addressed Sunnyside issues: thanked project supporters, graffiti reward, and will support more money for infrastructure and need property owners to commit. Sunnyside Up purpose is to provide development incentives and the City is responsible for code enforcement.
City Manager Boroff said the gravel is scheduled.
Councilor Spencer: Councilor Spencer gave kudos to City Manager for Green Team work, Arbor Day folks and Anne Cumming; noted bleach water kills trees; commented on the Sylvan Place lot, power line, and permit review; mentioned the Kane-Core permit status; and discussed the transportation service fee.
Mayor Justice: Mayor Justice announced future meetings and events, and thanked the Arbor Day folks, the Sunnyside group, and Neighborhood Associations.
EXECUTIVE SESSION:
Motion by Manilla, second by Bane, to go into an executive session pursuant to Section 6-9A-4-1 of the West Virginia Code in order to discuss attorney/client matters with the following persons present: Mayor Ron Justice, Council Members, and City Attorney Fanok. Time 9:34 p.m.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:50 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.