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MAY 15, 2008 The Clarksburg City Council met in REGULAR SESSION on Thursday, May 15, 2008 at 7:00 P.M. at the Clarksburg Municipal Building – Council Chambers, 222 West Main Street, Clarksburg, West Virginia, with Mayor Thompson presiding. COUNCIL MEMBERS PRESENT: ALSO PRESENT: COUNCIL MEMBER(S) ABSENT: Patsy Trecost II The opening prayer was offered by Vice Mayor Vanhorn with Councilman Hunt leading in the Pledge of Allegiance. Council deviated from the Agenda for consideration of the following: AGENDA ITEM NO. 9: CONSIDERATION OF A RESOLUTION OF THE COUNCIL OF THE CITY OF CLARKSBURG, WEST VIRGINIA TO AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A “SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS” WITH THF DEVELOPMENT ONE LIMITED LIABILITY COMPANY, A MISSOURI LIMITED LIABILITY COMPANY, REGARDING THE DEVELOPMENT AGREEMENT FOR CONSTRUCTION COSTS RELATED TO EMILY DRIVE MOTION by Councilwoman Bailey, SECONDED by Councilman Hunt for adoption of the above-captioned resolution. MOTION APPROVED 5-1 with Councilman Shaffer casting the dissenting vote. Councilman Hunt commented that said shopping center was the finest in West Virginia and that the development was good for both THF and Clarksburg. Councilwoman Bailey noted the growth of said area and commended all parties involved on the forward thinking of this project. Vice Mayor Vanhorn also commended the Council seated at the time the development came about for their innovation with Councilman Lopez concurring therewith. Council returned to the order of the Agenda with Mayor Thompson calling for petitions, communications and public hearings. The following individuals appeared therefor: James Weisenberger, 1306 Williams Avenue – appeared before Council to discuss concerns with Steve & Pat’s, the North View neighborhood bar. Mr. Weisenberger read a prepared statement and presented a petition signed by several citizens opposing said establishment. Mr. Weisenberger commented that this was not a personal issue against the establishment or the motorcycle riders who patron the establishment but rather the citizens’ position that a bar does not belong in a residential area. Mr. Weisenberger stated that the neighbors could not enjoy their properties and that the establishment is a public nuisance. Jason Weisenberger, 1411 W.Va. Avenue – also addressed Council concerning Steve & Pat’s. Mr. Weisenberger stated that living two doors down from the establishment, he and his neighbors could not enjoy their properties. Mr. Weisenberger commended the police stating that they have done all they could do and pleaded with Council to help with this problem. AGENDA ITEM NO. 4: CONSIDERATION OF SECOND AND FINAL READING AND PUBLIC HEARING OF AN ORDINANCE OF THE CITY OF CLARKSBURG, WEST VIRGINIA, AMENDING ARTICLE 109.05, PART ONE OF THE CODIFIED ORDINANCES OF THE CITY OF CLARKSBURG AS CONCERNS COMPETITIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF MATERIALS, SUPPLIES, SERVICES AND EQUIPMENT BY THE CITY, INCLUDING MINIMUM DOLLAR AMOUNTS, INVITATIONS TO BID; BID OPENING PROCEDURES; ACCEPTANCE OR REJECTION OF BIDS, LOCAL BIDDER PREFERENCE PROVISIONS AND EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENTS The City Clerk advised that notices of the public hearing regarding Agenda Item No. 4 appeared in the Clarksburg Exponent/Telegram on May 6, 2008 and May 13, 2008 and that the publisher’s certificate would be filed with the permanent record. Mayor Thompson declared the public hearing open with no one appearing therefor. Upon closing the public hearing, MOTION by Vice Mayor Vanhorn, SECONDED by Councilman Hunt and APPROVED UNANIMOUSLY for approval of the above-captioned ordinance on second and final reading. AGENDA ITEM NO. 5: CONSIDERATION OF FIRST READING OF AN ORDINANCE ESTABLISHING SALARIES OR COMPENSATION FOR MUNICIPAL OFFICERS AND EMPLOYEES FOR FISCAL YEAR 2008-2009 AND REPEALING ALL INCONSISTENT ORDINANCES MOTION by Councilwoman Bailey, SECONDED by Vice Mayor Vanhorn for approval of the above-captioned ordinance on first reading. MOTION APPROVED UNANIMOUSLY. AGENDA ITEM NO. 6: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF CLARKSBURG TO EXECUTE A LOAN AGREEMENT WITH WEST UNION BANK FOR PURCHASE OF FIRE PUMPER TRUCK MOTION by Councilman Hunt, SECONDED by Councilman Lopez for adoption of the above-captioned resolution. MOTION APPROVED UNANIMOUSLY. AGENDA ITEM NO. 7: CONSIDERATION OF A RESOLUTION ADOPTING A REVISED AND UPDATED SET OF POLICE DEPARTMENT RULES AND REGULATIONS FOR THE CITY OF CLARKSBURG ENTITLED “CLARKSBURG POLICE DEPARTMENT LAW ENFORCEMENT POLICIES AND PROCEDURES” MOTION by Vice Mayor Vanhorn, SECONDED by Councilwoman Bailey for adoption of the above-captioned resolution. Under discussion, Chief Goff informed that said policies and procedures have been updated to reflect his administration of the Department, to address the revised policy concerning the distribution of vehicles, to eliminate the Captain rank, etc. MOTION APPROVED UNANIMOUSLY. AGENDA ITEM NO. 8: CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VERIZON AND MICTA SERVICE CORPORATION FOR INTERNET SERVICES MOTION by Vice Mayor Vanhorn, SECONDED by Councilwoman Bailey for adoption of the above-captioned resolution. MOTION APPROVED UNANIMOUSLY. AGENDA ITEM NO. 9: (Council deviated from the Agenda to allow for consideration of this item at the beginning of the meeting.) AGENDA ITEM NO. 10: CITY MANAGER’S REPORT/UPDATE City Manager Martin Howe discussed the following written report provided to Council:
Follow-up/General Updates
Brownfields
Police
CITY CLERK’S INFORMATION A. ZONING FORM IN CONNECTION WITH A “NOTICE OF APPLICATION TO OPERATE: A PRIVATE CLUB, PRIVATE WINE RESTAURANT OR TAVERN” FILED BY ROCCO J’s LLC d/b/a GASOLINE ALLEY, 415 BALTIMORE AVENUE – RETURNED TO APPLICANT ON 5/12/08 UNFINISHED BUSINESS: A. CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THRASHER ENGINEERING TO DO DRILLING, ASSESSING AND DESIGN FOR ALTERNATE REMEDIES FOR HOGAN’S LANE AND MONTPELIER PARK MOTION by Councilwoman Bailey, SECONDED by Councilman Hunt to authorize the City Manager to enter into an agreement with Thrasher Engineering to do drilling, assessing and design for alternate remedies for Hogan’s Lane and Montpelier Park. MOTION APPROVED UNANIMOUSLY.
In other Unfinished Business, Councilman Lopez noted the timely clean up of the Jack’s Friendly site next to City Hall, the old City Hall site and remarked that the pile of bricks still exits on the property at 5th and Main Streets. Mr. Howe advised that he received a memorandum from Code Enforcement regarding this property and that the same would be forwarded to Greg Morgan to see what action could be taken to remedy the situation. Councilman Hunt commented that said site does not meet the established criteria and that there is a right and responsibility to the citizens to address this matter. Councilman Hunt pointed out that this is not a political issue but rather a code issue and that it should not take a vote of Council to address the situation and further that it is unfair that some are not made to follow the same rules and guidelines expected of all others. Councilman Hunt commended the Mayor’s Youth Council for their clean-up efforts as well as the Public Works crew that cleaned up the limestone wall located across the street from Jackson Park. Vice Mayor Vanhorn expressed appreciation to the residents of North View for bringing their concerns with Steve & Pat’s establishment to Council and stated that whatever measures are available at Council’s disposal should be taken to declare the establishment a public nuisance. Vice Mayor Vanhorn remarked that this has been an issue a number of times and commented on the importance of neighborhoods. Councilwoman Bailey stated that these residents have come to Council asking for help with a business that has become a public nuisance and that while she is not against business, something must be done to bring this business under control or relocated to a proper place to conduct its business. With regard to the brush on Lowndes Hill, Mayor Thompson suggested that Verizon be contacted noting that Verizon is the owner of the right-of-way. Mayor Thompson inquired as to the status of a house in need of demolition on Locust Avenue with Mr. Howe advising that the structure has been tested for asbestos and that he anticipates the structure to be put out to bid in late July with a completion date of November. Mr. Howe confirmed that City crews could dispose of the old furniture at this site as well as secure/board-up the structure. Concerning the issue of public nuisance, Councilman Hunt inquired of the City Attorney the definition thereof. Mr. Morgan stated that the definition provided earlier by Mr. Weisenberger was a general description and explained how the public nuisance process works whereby Council declares a public nuisance with public hearings conducted or a petition could be brought before the Circuit Court, as well as other alternatives. Councilman Hunt remarked that these neighbors are coming to their elected officials asking that these problems be solved under our ordinances. Councilman Hunt recommended that the City Attorney look at the City’s remedy for public nuisance and bring this information back to Council and that a representative/spokesperson for the neighborhood be informed of what is taking place. Councilman Hunt stated that he recognized the difficulty in this matter noting that the business owner had a right to defend their business but that he wanted families to be able to enjoy their neighborhoods. A. CONSIDERATION OF APPOINTMENT TO THE CLARKSBURG-HARRISON REGIONAL HOUSING AUTHORITY MOTION by Vice Mayor Vanhorn, SECONDED by Councilman Hunt to reappoint Marcel Malfregeot to the Clarksburg-Harrison Regional Housing Authority. MOTION APPROVED UNANIMOUSLY. B. CONSIDERATION OF AN INTERGOVERNMENTAL AGREEMENT AND MASTER CONTRACT BY AND BETWEEN THE CITY OF CLARKSBURG, THE CLARKSBURG–HARRISON REGIONAL HOUSING AUTHORITY AND MOUNTAIN OPPORTUNITIES CORPORATION MOTION by Councilwoman Bailey, SECONDED by Councilman Lopez for approval of an intergovernmental agreement and master contract by and between the City of Clarksburg, the Clarksburg-Harrison Regional Housing Authority and Mountain Opportunities Corporation. MOTION APPROVED UNANIMOUSLY. MOTION by Councilman Hunt, SECONDED by Councilwoman Bailey to refer the above-captioned petition to the Planning & Zoning Commission for review, public hearing and recommendation. Under discussion, Councilman Hunt noted that rezoning requests in this area had been made numerous times with the residents opposed thereto and inquired if the process could be stopped at this point. Mr. Morgan advised that the petition must be referred to the Planning & Zoning Commission as the petitioner has the right to due process and that it appears on the agenda at this time as more of a notification issue. Councilwoman Bailey inquired as to the petitioner’s plans for the property with Mayor Thompson informing that an insurance office is being proposed for this location. MOTION APPROVED UNANIMOUSLY. In other New Business, Council thanked everyone for coming and voicing their concerns and also congratulated newly-elected Board of Education member Paul Howe who was in attendance this evening. Councilman Hunt recognized Paul Howe and commended him for taking a stand on various issues and also noted the importance of maintaining neighborhood schools. Mayor Thompson thanked Meagan Payne and her family for hosting the Mayor’s Youth Council for a cook-out at their home in North View following a clean up project.
____________________________________________ ________June 5, 2008________________________
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