REGULAR MEETING NOVEMBER 20, 2007:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, November 20, 2007, at 7:30 p.m.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Bill Byrne, Jenny Selin, Don Spencer and Charlie Byrer.
City Attorney Steve Fanok was absent.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on November 6, 2007, were approved as printed.
CORRESPONDENCE:
Mayor Justice read a proclamation declaring November 18th - 24th, 2007 as Christian Heritage Week. Mayor Justice mentioned that all local governments should attend the West Virginia conference called, Create West Virginia; held November 13th and 14th at Stonewall Resort in Roanoke, WV.
PUBLIC HEARING -AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM MCCOY6:
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 THE CITY OF MORGANTOWN TO DEED PARCELS IN THE 4TH AND 5TH WARDS TO THE BUILDING 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 public hearing closed.
PUBLIC HEARING -AN ORDINANCE AMENDING SECTION 363.08D OF THE TRAFFIC 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 public hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM MCCOY6: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM MCCOY 6 APARTMENTS LIMITED LIABILITY COMPANY; SAID REALTY CONSISTING OF PARCEL 410 ON MONONGALIA COUNTY TAX MAP 20 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN AND PARCELS 524, 525, 526, 529 AND 530 ON MONONGALIA COUNTY TAX MAP 20 IN THE FIFTH WARD OF THE CITY OF MORGANTOWN.
Motion by Bryne, second by Manilla, to adopt the above entitled ordinance. Motion carried 7-0.
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS IN THE 4TH AND 5TH WARDS TO THE BUILDING COMMISSION: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED PARCELS OF REAL ESTATE, OWNED BY IT AND LOCATED IN THE FOURTH AND FIFTH WARDS OF THE CITY, TO THE MORGANTOWN BUILDING COMMISSION.
Motion by Spencer, second by Bane, to adopt the above entitled ordinance. A motion for a minor amendment to the ordinance that adds parcel 18 was added by Manilla, second by Bane. Motion carried 7-0. Vote was taken on the main motion. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 363.08(D) OF THE TRAFFIC CODE: The below entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 363.08(D) OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN AS IT PERTAINS TO FINES FOR OVERTIME PARKING AT TWO-HOUR PARKING METERS.
Motion by Byrne, second by Manilla, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
None.
PUBLIC PORTION:
There being no appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
No reports.
NEW BUSINESS:
AN ORDINANCE AMENDING THE PERSONNEL RULES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION V-7(B) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO FUNERAL LEAVE.
Mayor Justice pulled ordinance from the agenda due to the fact that the personnel board was unable to meet on the above issue.
AN ORDINANCE AMENDING THE PERSONNEL RULES: The below entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY ADDING A NEW ADMINISTRATIVE POLICY NO. 12, CREATING A DOWN PAYMENT ASSISTANCE PROGRAM.
Mayor Justice pulled ordinance from the agenda due to the fact that the personnel board was unable to meet on the above issue.
A RESOLUTION TO APPLY FOR THE COMMUNITY PARTICIPATION GRANT PROGRAM, PROJECT NUMBER 07CPG0076, FUNDS FOR USE BY THE RONALD MCDONALD HOUSE CHARITIES OF MORGANTOWN: The above entitled Resolution was presented for first reading.
Motion by Manilla, second by Bane to approve the above entitled Resolution. Motion carried 7-0.
A RESOLUTION THAT THE CITY OF MORGANTOWN APPLIES TO TE WV DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, FOR A GRANT TO FUND IMPROVEMENTS ON HIGH STREET, FROM PLEASANT STREET TO KIRK STREET IN DOWNTOWN MORGANTOWN. The above entitled Resolution was presented for first reading.
Motion by Spencer, second by Bane to approve the above entitled Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
The Transportation Security Administration has awarded the Morgantown Police Department a $450,000 Law Enforcement Officer Reimbursement Grant effective October 1, 2007. These funds will be used to reimburse Department expenses for providing security at the Morgantown Airport for the next five years.
Item No. 2:
As per Council=s direction, the November Committee of the Whole has been scheduled for Wednesday, November 28, 2007, at 7:00 p.m. in City Council Chambers.
NEW BUSINESS:
Item No 1:
Attached is a memo briefly describing an Entertainment Zone Assessment and Implementation Plan that could be part of the Downtown Development Plan. Based upon the merits of the proposal, I recommend that the Assessment be done for a cost of $10,000.
After discussion, motion by Byrne, second by Selin to approve the Entertainment Zone Assessment Downtown Development Plan. Motion carried 6-1. (Spencer voted NO)
Item No. 2:
The last attachment is a memo from the Public Works Director reporting private sector interest in a City owned lot on Pennsylvania Avenue. Given the lack of interest in the property by the City=s Housing Authority, Habitat for Humanity, and BOPARC, I agree with her comments and recommend that it be sold at public auction with a minimum bid of $15,000.
After discussion, motion by Manilla, second by Bane to not sell the lot on Pennsylvania Avenue. Motion carried 4-3. (Councilors Byrer, Selin, Spencer, and Byrne voted NO)
CITY CLERK'S REPORT:
City Clerk Little wished everyone a Happy Thanksgiving.
CITY ATTORNEY'S REPORT:
Absent, no report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane expressed concern for the Boy=s and Girl’s Club, and wishes them to stand up and become a more self-sufficient organization. He remarked that Sunnyside Up also needs to establish and maintain their own financial independence. Councilor Bane states that there has not been enough growth within the program since allocating $1.2 million in the last 5 years. He then makes clear that in future budget meetings he will oppose the allocation of funds to Sunnyside Up.
Councilor Manilla: Councilor Manilla commented on the Kane-Core project, which recently began excavation; however, their permit expires on the 25th and Manilla has concerns for a possible delay in work. He asked if there are going to be any other uses for the property during the construction delay such as temporary parking.
Councilor Byrer: Councilor Byrer is also concerned about the delay in construction on the Kane-Core project. He then suggested more lighting on Wall Street, for increased safety and confidence while pedestrians are walking to parking areas on Spruce and High Street at night. Councilor Byrer also made comments on the intersection of Protzman St. and Vangilder Ave, which has a tight turning radius and too much congestion. Councilor stated that upper Protzman St. is too narrow for two cars to pass at the same time, and needs work towards the Vangilder Ave., Stewart St. intersection. He also stated that while trying to make a food donation to the Ronald Mc Donald House he could not find the actual house because there was no sign. He has requested a sign be made prominent and that directions and house location be made available to public. Councilor Byrer made note of slippage on the Augusta, Falling Run sidewalk, expressing concern for storm drops. He also discussed the incident with the Christian and Missionary Alliance Church and MUB; stating that a pump broke down and sewage backed up into church basement. This raised several concerns including damage caused, and health/sanitation issues. Councilor Byrer then requested MUB be more proactive in giving explanations for accidents, and improving communication with the public during projects, especially where closures or detours may occur.
Councilor Selin: Councilor Selin agreed with Councilor Byrer about the MUB and Church sewage problem. She mentioned that the Bridge at Laurel Street will be closing for work; dates should be available from MUB
Soon. Councilor Selin announced that she attended the Solid Waste Authority Awards Program, and remarked that the Board of Directors and staff are running a good organization. She complimented them for working with recycling programs and small businesses in the area. Selin also attended the Transit Master Plan Public Meeting in the Mountain Lair, where the PRT, bus stops, and land trades were discussed.
Councilor Byrne: Councilor Byrne reiterated the issue of lighting on Wall St. and requested that the City look into lighting the area so that people will use the adjacent parking garages. He suggested that in the mean time
to improve safety and usability of streets, a plan could be worked out with the owners of private buildings to install lights in the area.
City Manager Dan Boroff added that the proposals for funding for those light poles could come in the next budget meeting.
Councilor Byrne showed support for Hospice and encourages others to come to the event at the Morgantown Mall on December 9th at 2 pm. He pointed out that he had the opportunity to meet with people who had plans to make a significant development in the Sunny Side area. He said that developers are attracted to the area because of the collaboration between the City and WVU. .
Councilor Spencer: Councilor Spencer was pleased to announce that he was able to represent the City of Morgantown at the National League of Cities Congress in New Orleans, LA. He stated that he was impressed with the rebirth of the city and the fine Council people that he attended the conference with. He then requested that his report on the Conference be available for review and discussion on the next COW meeting agenda. Councilor Spencer then made remarks on the City of New Orleans, it=s growth and the challenges associated with the rebuilding process after Hurricane Katrina. Councilor Spencer went on to say that the main message of the conference was to caution all communities to be prepared for disasters both man-made and natural.
Mayor Justice: Mayor Justice made mention of the Wall Street Project, and reminded Council that lighting the area will become a major expense. He confirms that there is indeed heavy pedestrian traffic and that it is an important main thoroughfare to parking.
City Manager Dan Boroff states that after inspection of the gas lamps in the Wall Street area, carbon build up is what reduces the amount of illumination that the lamps produce.
Mayor Justice spoke of the Kane-Core issue, and clarifies that the company is no longer involved, and the most likely course of action after their permit expires is to size down the building. He states that only a grading permit was given, and the area was recently re-zoned. Mayor Justice reiterated the importance of the McCoy6 parking garage building, as it will improve congestion in the area and improve access to recreation. He then mentioned that Steve Smith passed away and gave his condolences. He then gave thanks and encouragement to Council members for their participation in municipal processes during the holiday season.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:40 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.