REGULAR MEETING SEPTEMBER 21, 2004:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 21, 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 September 7, 2004, were approved as printed.

CORRESPONDENCE:



With Council's concurrence, the November 2 meeting was changed to November 3, 2004. Mayor Justice announced the cancellation of the November and December COW meetings and welcomed the Journalism 215 class.



PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 163.02 AS APPLIES TO THE NUMBER OF MEMBERS ON THE BEAUTIFICATION COMMISSION:



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 REPEALING ARTICLE 165 AND DISSOLVING THE CITIZEN'S ADVISORY COMMITTEE:



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 ADOPTING A 240 FOOT UNNAMED ALLEY BETWEEN MONONGALIA AND LOUISE AVENUES IN THE 5TH WARD INTO THE CITY STREET SYSTEM:



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 FOR A PROPOSED CHARTER AMENDMENT OF SECTION 2.08 BY REMOVING THE REQUIREMENT THAT THE CITY CLERK BE A RESIDENT OF THE CITY: The following entitled Ordinance was presented for second reading:

AN ORDINANCE OF THE CITY OF MORGANTOWN PROVIDING FOR A PROPOSED CHARTER AMENDMENT, WHICH CHARTER AMENDMENT WOULD AMEND SECTION 2.08 BY REMOVING THE REQUIREMENT THAT THE CITY CLERK BE A RESIDENT OF THE CITY.



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



AN ORDINANCE AMENDING SECTION 163.02 AS APPLIES TO THE NUMBER OF MEMBERS ON THE BEAUTIFICATION COMMISSION: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 163.02 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO NUMBER OF MEMBERS ON THE MUNICIPALITY'S BEAUTIFICATION COMMISSION.



Motion by Spencer, second by Manilla, to adopt the above entitled Ordinance. Motion carried 7-0.



AN ORDINANCE REPEALING ARTICLE 165 AND DISSOLVING THE CITIZEN'S ADVISORY COMMITTEE: The following entitled Ordinance was presented for second reading:



AN ORDINANCE REPEALING ARTICLE 165 OF THE MORGANTOWN CITY CODE AND THEREBY DISSOLVING THE MORGANTOWN CITIZEN'S ADVISORY COMMITTEE.



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



AN ORDINANCE ADOPTING A 240 FOOT UNNAMED ALLEY BETWEEN MONONGALIA AND LOUISE AVENUES IN THE 5TH WARD INTO THE CITY STREET SYSTEM: The following entitled Ordinance was presented for second reading:



AN ORDINANCE ADOPTING A 240 FOOT UNNAMED ALLEY BETWEEN MONONGALIA AVENUE AND LOUISE AVENUE INTO THE CITY OF MORGANTOWN'S STREET SYSTEM FOR PURPOSES OF PUBLIC MAINTENANCE AND CONTROL, IN THE FIFTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.



Motion by Miller, second by Bane, to adopt the above entitled Ordinance. Motion carried 7-0.



BOARDS AND COMMISSIONS:



No Business.



PUBLIC PORTION:



Alex Messiora, 127 Linnehurst Street, commented on meetings before the Trinity High School construction started and some construction problems.



John Duarte, 460 Grove Street, spoke about the building permit process, City Clerk residency, and Committee of the Whole meetings.

Mark Furfari, 313 Maple Avenue, discussed safety downtown, the third shooting, and behavior of drunken students.



Phil Shuman, 604 Preston Road, commented on the fairness of citing some restaurant alcohol violations.

SPECIAL COMMITTEE REPORTS:



No Reports.

NEW BUSINESS:



RESOLUTION TO APPROVE A LOCAL ECONOMIC ASSISTANCE GRANT OF $10,000 ON BEHALF OF BOPARC FOR DORSEY'S KNOB PARK IMPROVEMENTS: The above entitled Resolution was presented for Council's approval.



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



RESOLUTION TO APPROVE A LOCAL ECONOMIC ASSISTANCE GRANT OF $15,000 ON BEHALF OF WEST VIRGINIA PUBLIC THEATER FOR BROCHURES AND ADVERTISEMENTS FOR EVENTS AND ACTIVITIES AND PURCHASE EQUIPMENT: The above entitled Resolution was presented for Council's approval.



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



CITY MANAGERS REPORT:



INFORMATION:



For the public, I would like to review a couple initiatives for downtown safety that are well underway at this point. We have had three serious crimes of violence in the downtown recently involving weapons and people from outside the city and outside the state traveling to Morgantown. In all cases, the individuals responsible have been promptly arrested and they will be aggressively prosecuted. Our objective is to see that these things do not happen in the first place, and toward that end, there are specific actions already being taken. First, some additional lighting has been put up in the downtown in critical areas where these incidents have occurred. Also, I am pleased to report that seven bars have voluntarily agreed not to admit anyone under the age of 21 and we are working on the rest of them. Another bar has agreed to forgo certain Thursday night promotions that have tended to attract these out of state interests and that has been put in place. Also, in the very near future, we will be adding two police officers to the force. Ten years ago, we had 50 officers. Council has increased that to 55 officers over the years and we will be going to 57 police officers. In addition, there are a lot of other folks working on some other initiatives. This is being taken seriously and there are specific actions being put in place that I am confident that will begin to turn the situation around as the word will get across that people can not get away with that in Morgantown, West Virginia.

NEW BUSINESS:



Item No. 1:

Attached you will find a bid result for a 4X4 Pickup Truck for the Public Works Department. As per the Director's comment, I recommend that the contract be awarded to Matheny Motors for $17,000 and be funded by budget savings in the Capital Escrow Account.



Motion by Miller, second by Scafella, to award the pick-up truck contract to Matheny Motors for $17,000. Motion carried 7-0.



Item No. 2:

This past month, Council reviewed the potential non-attainment designation for Monongalia County being considered by the Federal E.P.A. Based upon information presented by the State D.E.P., I recommend that the City write to its U.S. Senators and Congressmen and request their assistance in stopping the proposed action. Monongalia County is within attainment status of air quality standards and there is no evidence that it is contributing to the problems in Marion County. If Monongalia County is to be designated as a non-attainment area, the Senators and Congressmen should be asked to limit the designation to the northern part of the County.



After discussion, motion passed by acclamation. A separate letter will be sent to the Monongalia County Commission.



CITY CLERK'S REPORT:



City Clerk Little thanked everyone and spoke of the success of the blood drive.



CITY ATTORNEY'S REPORT:



No Report.

REPORT FROM COUNCIL MEMBERS:



Councilor Bane: Councilor Bane thanked Public Works for help at Mississippi and Delaware; discussed problems with Dorsey Avenue as a postal route; asked for more visibility for 2 signs on Dorsey Avenue; and submitted that official meetings are where Council takes action.



Councilor Manilla: Councilor Manilla addressed accidents at Foundry and High Streets; commented on the actions for downtown safety and asked for an 11 p.m. bus tour; and requested the City Manager check Mr. Shuman's concern.



Councilor Scafella: Councilor Scafella noted that Wiles Hill Elementary School has been added to the National Historic Register; discussed totes and garbage on Stewart Street and Jones Avenue; and covered the non-attainment guidelines issue.

Councilor Miller: Councilor Miller warned of visibility of parking lot signs; observed that the Human Rights Commission would like to join the bus tour; requested a proclamation for Suncrest Middle School; and commented on her experience with the Boss Tour for the National Guard.



Councilor Byrne: Councilor Byrne announced that Waste Management will be in town, mentioned low interest housing loans newspaper article; addressed trucks in the city and MPO authority; and commented on the Trinity High situation and safety issues downtown." Officer Bender is getting worn out trying to get all the students signed up for toters. Following up on individual students is wearing him out. We should have him dealing directly with the landlords, It is much more efficient in terms of the number of person's Officer Bender has to deal with and would guarantee we have a permanent person (the owner of the property) responsible for having the service in place. Under the current system Officer Bender will be doing the same thing next fall with a whole new set of students. We need to change this program as I have suggested."



Councilor Spencer: Councilor Spencer thanked MUB and Doug Smith for precautionary sandbagging in Suncrest; suggested neighborhood code protections and non-meeting issues on COW; commented on lack of landscaping in 1st Baptist parking lot; discussed solicitation in roadways; urged development of GIS system and an administrative system for managing conditional uses; asked for the status of the zoning ordinance; congratulations on Historic Register designation; and quoted Mike Yura.

Mayor Justice: Mayor Justice clarified that a letter was already out to Sec. Van Kirk concerning trucks and traffic; noted that Mr. Messiora is reiterating issues even though actions have been taken and suggested going door to door. Mayor Justice implied limiting Councilor reports (on COW); complimented MUB for Vac truck out at midnight; said the GIS planning letter went out; announced a Human Rights event; complimented Police, Fire and Public Works Departments; asked for business expansion update at COW; and noted Council and WVU will meet at the end of October.

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

9:15 p.m.



_____________________________ __________________________________

City Clerk Mayor



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