REGULAR MEETING SEPTEMBER 7, 2004:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 7, 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 August 17, 2004, were approved as printed.
CORRESPONDENCE:
Mayor Justice noted a letter of concern about football game Saturdays and he commended the Police Chief and everyone involved on Saturday. Mayor Justice welcomed Paul Sunyak's Journalism class and gave a reminder of the blood drive.
PUBLIC HEARING-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:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.
John Duarte, 460 Grove Street, spoke against the ordinance and questioned the procedures for changing the Charter and recalling ordinances.
City Attorney Fanok stated that State Statute requires that any individual opposing the Charter Amendment appear at the public hearing and file a written objection with City Council.
There being no more appearances or objections, Mayor Justice declared this hearing closed.
PUBLIC HEARING-AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE:
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 TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled Ordinance was presented for second reading:
AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE.
After discussion, motion by Scafella, second by Miller, to adopt the above entitled Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
No Business.
PUBLIC PORTION:
Adam Gibson, 214 Wall Street, commended Council and asked for the blind spot mirror by Health Right to be repaired.
Joan Gibson, 1104 Koontz Avenue, spoke about private driveways and streets.
John Duarte, 460 Grove Street, spoke about the garbage ordinance.
Alex Messiora, 127 Linnehurst Street, commented on traffic problems caused by Trinity High School construction.
Kathy Musick, 142 Lincova Avenue, echoed Mr. Messiora, asked for the utility right-of-way policy and whether it falls under City or County jurisdiction since it is on the boundary.
By request of Mayor Justice and Councilor Scafella, City Manager Boroff gave an update on the Trinity High School traffic problems and construction, noted the property owner should be notified regarding the utility right-of-way and commented on the garbage issue and the new toters.
SPECIAL COMMITTEE REPORTS:
No Reports.
NEW BUSINESS:
AN ORDINANCE AMENDING SECTION 163.02 AS APPLIES TO THE NUMBER OF MEMBERS ON THE BEAUTIFICATION COMMISSION: The following entitled Ordinance was presented for first 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 Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REPEALING ARTICLE 165 AND DISSOLVING THE CITIZEN'S ADVISORY COMMITTEE: The following entitled Ordinance was presented for first reading:
AN ORDINANCE REPEALING ARTICLE 165 OF THE MORGANTOWN CITY CODE AND THEREBY DISSOLVING THE MORGANTOWN CITIZEN'S ADVISORY COMMITTEE.
After discussion, motion by Scafella, second by Miller, to pass the above entitled ordinance to second reading. 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 first 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.
After discussion, motion by Miller, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
RESOLUTION TO APPLY FOR A GRANT OF $5,000 ON BEHALF OF THE WEST VIRGINIA SENIOR LEGAL AID, INC.: The above entitled Resolution was presented for Council's approval.
Motion by Byrne, second by Miller, to pass the above entitled Resolution. Motion carried 7-0.
RESOLUTION TO APPLY FOR A GRANT OF $5,000 ON BEHALF OF MAIN STREET MORGANTOWN: The above entitled Resolution was presented for Council's approval.
Motion by Byrne, second by Miller, to pass the above entitled Resolution. Motion carried 7-0.
RESOLUTION TO APPLY FOR A GRANT OF $5,000 ON BEHALF OF THE WEST VIRGINIA RAPTOR REHABILITATION CENTER: The above entitled Resolution was presented for Council's approval.
Motion by Miller, second by Bane, to pass the above entitled Resolution. Motion carried 7-0.
RESOLUTION TO APPLY FOR A GRANT OF $20,000 ON BEHALF OF BOPARC FOR DORSEY'S KNOB PARK: 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. .
CITY MANAGERS REPORT:
COUNTY COMMISSION REQUEST:
Late Friday afternoon, the County Commission requested that City Council approve the changes in the traffic plan for the Courthouse Annex and Intermodal Facility by September 20, 2004. When advised of the many problems inherent in meeting that deadline, the request was modified for a letter expressing the sentiment of City Council with regard to this request. After explanation of the diagram showing the proposed facility and the proposed traffic changes with some clarification of the planned traffic patterns, discussion ensued and Council recommended a letter back to the County Commission President that reports the findings of a special Traffic Commission meeting that will be held in the near future.
NEW BUSINESS:
Item No. 1:
As a result of budget amendments, the Capital Escrow Account Contingency now has $164,962. As discussed at the recent Committee of the Whole meeting, I recommend the following allocations: $11,300 for City Hall repairs; $5,000 for the Wiles Hill historic preservation survey; $50,000 for street paving; $30,000 for restoration of Wiles Hill School; $15,000 for log cabin relocation; $2,000 for Arts Coalition Initiative; $45,000 for Dorsey's Knob Lodge; $2,000 for Friends of Decker's Creek; and $4,662 for contingencies.
After discussion, motion by Scafella, second by Miller, to approve the above allocations from the Contingency Fund. Motion for a minor amendment by Scafella, second by Spencer, to include a $4,000 grant match for the Metropolitan Theatre study for the lobby, balcony, pool hall, and the backstage area. Minor amendment carried 7-0. Main motion carried 7-0.
Item No. 2:
Attached you will find a memo from the Airport Director describing two grant offers to the City of Morgantown totaling $4,836,379 for improvements at the Airport. Given the benefits of extending the runway safety area and the acquisition of a snow removal broom, I recommend that the FAA and State grants be accepted.
Motion by Byrne, second by Scafella, to accept the $4,836,379 in grants for Airport improvements. Motion carried 7-0.
Item No. 3:
The second attachment reports bid results for construction projects at the Airport. As per the Airport Director's comments, I recommend that the contracts be awarded to the low bidders as follows: Runway Safety Area Extension, $3,975,000 - Mountaineer Grading Co.; Snow Removal Broom, $351,800 - Sweepster, LLC; Security Camera System, $37,750 - Secure Us, Inc.; and 2005 Pickup Extended Cab or 4-Door 4X4, $33,447 - Corwin Ford.
After discussion, motion by Miller, second by Scafella, to award the Airport construction projects contracts to the lowest bidders. Motion carried 7-0.
Item No. 4:
The last attachment is a memo from the Public Works Director reporting the bid results for the Clay Street Project. Given her comments, I recommend that the contract be awarded to the only bidder, Laurita Excavating, for a cost of $661,038.80 (approximately $765,000 in TEA-21 and TIF funds are available for this project).
After discussion, motion by Miller, second by Byrne, to award the Clay Street Project contract to Laurita Excavating. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little thanked everyone and spoke of the success of the hot dog sale.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane discussed the charter amendment, noting that Mr. Duarte is incorrect in his statements; asked the City Manager to report back on Ms. Gibson's street issue; said Public Works was very helpful with the Callen Avenue entrance issue; and thanked the City Manager for his help since the Post Office has declared Dorsey Avenue to be a Rural Route.
Councilor Manilla: Councilor Manilla asked when the blind spot mirror will be addressed; mentioned solving problems with MHS and the upcoming Mason-Dixon Festival.
Councilor Scafella: Councilor Scafella asked for a response about the Cypress Street issue; noted that it is a garbage transition time with the toters; covered Council's responses to the Trinity High traffic issues and welcomed back the students.
Councilor Miller: Councilor Miller observed that the blue recycling bins are available in Sunnyside; commented on the street opening issue and suggested exploring the idea of a Tamarack North with the legislature.
Councilor Byrne: Councilor Byrne congratulated BOPARC and the Wheeling Symphony; addressed the garbage issue; and commented on the Trinity High situation.
Councilor Spencer: Councilor Spencer commented on hurricane losses and requiring a permit for a dead end street to be used as access to a development site. The City Attorney has written that this is not possible but Councilor Spencer requested ideas to be on the COW agenda. Councilor Spencer said the Gifts and Memorials policy is being redrafted; discussed safety on the Rail/Trail and the non-attainment status meeting; considered the City and WVU relationship; and commended the Wheeling Symphony and BOPARC.
Mayor Justice: Mayor Justice clarified the relationship between the City and WVU and thanked the Wheeling Symphony, the Hazel Ruby McQuain Fund and George Farmer for the concert.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at
9:40 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.