REGULAR MEETING SEPTEMBER 6, 2005:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 6, 2005, at 7:35 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda 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 from the regular meeting on August 16, 2005, were approved as printed.
CORRESPONDENCE:
Mayor Justice welcomed a journalism class and mentioned an article in the NLC Weekly on Jim Hunt. Mayor Justice read proclamations for American on the Move Day and National Alcohol and Drug Addiction Recovery Month.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE BY ADDING 60.1; AMENDING SECTION 17 AND SECTION 19-E-2, APPLYING TO DEFINING AND REGULATING VIDEO LOTTERY AND GAMING ESTABLISHMENTS:
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 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 public hearing closed.
PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 1139.16 OF THE HEALTH AND SANITATION CODE AS APPLIES TO PAYMENT:
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 AMENDING SECTION 5 OF THE ZONING ORDINANCE BY ADDING 60.1; AMENDING SECTION 17 AND SECTION 19-E-2, APPLYING TO DEFINING AND REGULATING VIDEO LOTTERY AND GAMING ESTABLISHMENTS: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING 60.1; AMENDING SECTION 17; AND AMENDING SECTION 19-E-2, AS THE SAME APPLY TO THE DEFINING AND REGULATING VIDEO LOTTERY AND GAMING ESTABLISHMENTS.
Motion by Miller, second by Byrne, to adopt the above Ordinance. Motion carried 7-0.
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.
Motion by Scafella, second by Bane, to adopt the above Ordinance. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 1139.16 OF THE HEALTH AND SANITATION CODE AS APPLIES TO PAYMENT: The following entitled Ordinance was presented for second reading.
AN ORDINANCE AMENDING SECTION 1139.16 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO PAYMENT FOR SOLID WASTE COLLECTION SERVICES.
After discussion, amendment by Byrne to require an appropriate deposit, second by Spencer. Motion failed 3-4. (Bane, Manilla, Scafella, and Justice voted NO.) Motion by Byrne, second by Bane, to adopt the above Ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Ron Bane was appointed to the Morgantown Utility Board and Cheryl Johnson was appointed to the Fire Civil Service Commission.
Mayor Justice commented on Milton Cohen's 100th year.
PUBLIC PORTION:
John Duarte, 460 Grove Street, spoke about garbage and rental property.
Stuart Douglas, Snake Hill Road, addressed the 10-year Plan for Coopers Rock State Forest.
Marlene Frich, announced the Mason-Dixon Festival activities.
Louis Birakis, 435 Cobun Avenue, commented on the history of Poponoe Run and the sewer.
Frank Ferrell, 26 Outlook Street, thank yous for College Avenue potholes fixed and yellow lines painted, ticketing illegally parked cars on narrow streets, yellow lines on Dallas, Locust and Outlook Streets; requested that a resident may also ask for an ordinance to be read; and suggested Council pay increases be $200 not $250.
There being no more appearances or objections, Mayor Justice declared this public portion closed.
SPECIAL COMMITTEE REPORTS:
Mayor Justice announced the next Solid Waste Task Force meeting.
NEW BUSINESS:
AN ORDINANCE AMENDING SUBSECTION 2.13(b) OF THE CHARTER AS APPLIES TO ORDINANCE ADOPTION PROCEDURES: The following entitled Ordinance was presented for Council's approval.
AN ORDINANCE OF THE CITY OF MORGANTOWN PROVIDING FOR AMENDMENT TO SUBSECTION 2.13(b) OF ITS CHARTER, AS THE SAME APPLIES TO ORDINANCE ADOPTION PROCEDURES, WHICH WILL RESULT IN THE CITY'S SECTION 2.13(b) CHARTER LANGUAGE READING THE SAME AS SET FORTH IN SECTION 8-4-8 OF THE WEST VIRGINIA CODE.
After discussion, motion of a minor amendment by Spencer to add to section 2.13 (b) Procedure(2) after unless a member or resident demands that the ordinance be read in full, second by Manilla. Motion carried 5-2. (Scafella, Miller voted NO). Motion by Miller, second by Bane, to pass the above Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING SECTION 305.04 OF THE TRAFFIC CODE BY ADDING ELMINA STREET FROM DEWEY STREET TO LYNDHURST STREET AS A ONE-WAY STREET: The following entitled Ordinance was presented for Council's approval.
AN ORDINANCE AMENDING SECTION 305.04 OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN BY ADDING ELMINA STREET FROM DEWEY STREET TO LYNDHURST STREET TO THE CITY'S LIST OF ONE-WAY STREETS.
Motion by Scafella, second by Byrne, to pass the above Ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING PARTICIPATION IN WVML MUNICIPAL REVENUE ENHANCEMENT PROGRAM AND AN INTERGOVERNMENTAL AGREEMENT FOR THE EXCHANGE OF INFORMATION: The following entitled Ordinance was presented for Council's approval.
AN ORDINANCE AUTHORIZING PARTICIPATION IN WVML MUNICIPAL REVENUE ENHANCEMENT PROGRAM AND THE EXECUTION OF THE INTERGOVERNMENTAL AGREEMENT FOR THE EXCHANGE OF INFORMATION AMONG THE CITY OF MORGANTOWN, THE WEST VIRGINIA MUNICIPAL LEAGUE, INC., AND PARTICIPATING MUNICIPALITIES.
Motion by Byrne, second by Bane, to pass the above Ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL 0F A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT OF $5,000 FOR MYLAN PARK TO INSTALL A PROTECTIVE GUARDRAIL: The above entitled Resolution was presented for Council's approval.
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Motion by Byrne, second by Miller, to approve the above Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No. 1:
In the opening prayer earlier this evening, reference was made to this calamitous hurricane that the country has suffered. The death and destruction, the overwhelming, impossible circumstances in Alabama, Louisiana, and Mississippi; it will truly take a national effort to recover from this calamity. I would like to report to City Council that, earlier today, two Morgantown firefighters have departed to assist in that effort. Firefighters Jimmy Lipscomb and Larry Dudley have volunteered to go to Atlanta, initially for a week of training from FEMA and from there, they will be deployed to the city of New Orleans for at least 30 days. We have a couple of other firefighters that have volunteered to do this as well depending on the national response to this situation.
This past weekend, a call also went out to volunteers in Morgantown to assist with the reception of people that have been displaced, from the City of New Orleans and elsewhere, that are temporarily being relocated to West Virginia. Here, on a Labor Day weekend, the response was magnificent. Ron Bane and his team from WVU Hospitals along with doctors, nurses, and other emergency response folks, gave up their Saturday to assist with receiving these folks that were scheduled to fly into the airport here in Morgantown. The Rescue Squad, the Office of Emergency Services local personnel, the Morgantown Police Department, and the Airport staff were on-site as well. In addition, Elias, at Voyagers Restaurant, prepared over 500 meals for these folks and a number of churches and other organizations donated food, clothing, and other items as well. There are two important lessons from this. First, this community does have a very big heart. Second, and equally important, it has the professional and technical expertise to deal with a situation like this. The response was an incredibly effective, efficient set-up that is strong, competent testimony to all the people that were involved in this assistance effort.
Item No. 2:
This month, Adelphia customers will be notified of rate increases for different levels of cable television services and the availability of four additional channels (Fine Living, Fox Reality, Fuel, and ESPN 2 HD). Increases will vary depending on the package of services contracted (the $13.50 per month Broadcast Basic Service will remain unchanged).
Item No. 3:
I am pleased to inform City Council that last week Governor Manchin announced that the State is awarding $200,000 to the City of Morgantown in transportation funds for the Downtown High Street Project. With this award, $1,000,000 is available to effect the first two blocks of the project and the construction should start in May, 2006.
NEW BUSINESS
Item No. 1:
City Council recently approved a transfer of $468,037 from the FY 06 General Fund to the Capital Escrow Account. As per your earlier guidance, I recommend that the following projects be funded: $20,000 to resurface BOPARC tennis courts; $3,000 for the ice rink floor; $30,000 for Police Department equipment (computers, copying machine, furniture); $50,000 to support the two, new Fire Inspectors (vehicles, computers, furniture, and special equipment); $18,000 for a new Code Enforcement vehicle; $18,000 for a new Engineering Vehicle; $5,000 to interface Parking Authority and Municipal Court parking records; $50,000 for new City phone system; $5,000 for the Youth Commission;: $9,000 for the Morgantown Area Youth Services Program; $35,000 for Habitat for Humanity to support owner occupied housing for low moderate income families; $15,000 for Government TV Channel Improvements; $1,000 to support Hazardous Waste Collection Day being organized by the Friends of Decker's Creek; $7,500 for a grant match to further develop the Botanic Gardens; $25,000 for Community Build Projects at Jack Roberts Park and Wiles Hill Park; and $176,500 for the West Virginia Public Theater Pledge.
Motion by Byrne, second by Scafella, to approve the transfer of $468,037 to the Capital Escrow Account for the projects outlined above. Motion carried 7-0.
Item No. 2:
Recently the FAA Airports Division Eastern Region approved a grant for $1,018,589 to Rehabilitate the Terminal Apron (200,000 SF) and to Construct a De-icing Containment Facility at the Morgantown Airport. The Division also approved a second grant for $4,750,000 to complete the Safety Area Extension for the Main Runway. Based upon the Airport Capital Improvement Plan, I recommend that the grants be accepted and the projects effected.
Motion by Byrne, second by Miller, to approve the FAA grants for the airport. Motion carried 7-0.
Item No. 3:
As per the above described FAA grant awards, the City has received a bid for the Terminal Apron and Deicing Facility as reported on the attached memo from the Airport Director. I agree with his findings and recommend that the project be awarded to Mountaineer Contractors for a cost of $933,999.
Motion by Scafella, second by Manilla, to award the contract to Mountaineer Contractors for a cost of $933,999. Motion carried 7-0.
Item No. 4:
A second, attached memo from the Airport Director reports the bid results to complete the Safety Extension for the Main Runway. I agree with the Airport Director's comments on this bid result as well and recommend that the contract be awarded to the low bidder Mountaineer Grading Co. for $4,339,100.
After discussion, motion by Miller, second by Scafella, that the contract be awarded to Mountaineer Grading Co. for $4,339,100. Motion carried 7-0.
Item No. 5:
The City has received a number of queries about when the City will observe Halloween this year. As per past practice and the Police Chief's suggestion, I recommend that the event be observed on Monday, October 31st, from 6:00 p.m. to 7:00 p.m.
Motion by Scafella, second by Bane, to observe Halloween from 6:00 p.m. to 7:00 p.m. on October 31st. Motion carried 7-0.
Item No. 6:
As per recent discussions I recommend that an ordinance be prepared increasing City Council's compensation to $250 per meeting for Council Members and $350 per meeting for the Mayor. The principal reasons for this are that an adjustment in compensation has not been made since 1987; Council discontinued health insurance for members in the early 1990's; survey of other West Virginia Cities' practices; review and comments of Charter Board Members; and the additional demands on Council reflecting the dynamic growth of the City of Morgantown. This proposed change would not affect the number of compensated meetings and would be effective in 2007.
Council directed the City Manager to have the ordinance prepared.
Item No. 7:
BFI has requested a temporary 2.56% increase in trash collection fee rates because of extraordinary fuel costs. The West Virginia Public Service Commission has authorized such an increase as a valid cost of the service. Based upon these points and the fact that this is a temporary adjustment (will be rescinded when fuel costs abate), I recommend that the request be granted.
Motion by Spencer to deny the above 2.56% increase. Motion died for lack of second. Motion by Scafella to approve the above request of a temporary 2.56% increase for BFI due to fuel cost. Motion died for lack of second.
Item No. 8:
Recently Council authorized changes in the Hotel Motel Tax that will generate approximately $280,000 per year. As per State law, half of this increase will go to the Convention and Visitor's Bureau and again as consistent with State law, I recommend that the balance be directed to BOPARC. Additionally, I recommend that the following projects be forwarded to BOPARC as way of guidance to be funded with this new revenue stream: Dorsey's Knob Development-$40,000; Hazel Ruby McQuain Park-$25,000 (to include a one time $5,000 contribution to the floating fountain); Farmers' Market in the Wharf District -$50,000; Met Theatre-$32,000; Outdoor Drama-$15,000; Museum Commission-$10,000; and complete the Learning Trail
Motion by Byrne, second by Miller, to approve the expenditure of $140,000 of the Hotel Motel Tax for the above listed projects. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Little announced a Blood Drive.
CITY ATTORNEY'S REPORT:
No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Bane: Councilor Bane thanked people for their help at the airport and noted that Voyagers Restaurant sent meals to Camp Dawson.
City Manager Boroff added that Pathfinder and WalMart helped equip the two firefighters.
Councilor Manilla: Councilor Manilla announced the SPAN block party.
Councilor Scafella: Councilor Scafella covered the Wiles Hill Senior Center Bazaar, the Auction is delayed from the rain; home football parking will be available at the school.
Councilor Miller: Councilor Miller commented on debris on telephone and electric wires, the hot dog sale, and the Journalism School is also raising funds for Katrina.
Dr. Esper, the Journalism professor, gave the details for sending funds and thanked everyone for their gracious help with journalism classes.
City Manager Boroff clarified that the City will remove debris from wires as a last resort.
Councilor Byrne: Councilor Byrne addressed affordable housing goals and partners and business trash by parking lots after a holiday.
Councilor Spencer: Councilor Spencer discussed emergency preparedness; requested revisiting the High Street design work; suggested a COW public comment procedure; Suncrest NHA values the extra police for speeding; appreciated Mr. Barakis' sewer information; and said the Wheeling Symphony was excellent.
Mayor Justice: Mayor Justice had just visited five states and noted all the positive feedback about Morgantown; thanked the City Administration and staff and all the people that live and work here.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:20 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.