A municipal ordinance to limit heavy traffic through the downtown district of Morgantown has been declared “unenforceable” in Kanawha Circuit Court.
A citizen group Safe Streets Morgantown drew up the proposed ordinance and it was passed by Morgantown’s City Council. It was supposed to go into effect December 1st , limiting trucks weighing 13 tons or more, with several exceptions.
But a lawsuit delayed implementation. A couple of trucking companies that frequently travel through downtown Morgantown on route 7 which cuts through the business district, challenged the ordinance in court.
In the hearing, the city of Morgantown argued that state code allows the city to regulate traffic on certain types of connecting roads when safety is an issue, but Judge Joanne Tabit overturned the ordinance ruling that the ordinance wasn’t enforceable.
Safe Streets Morgantown released a statement expressing disappointment and encouraging the city council to consider an appeal.
In a unanimous vote last night, Morgantown City Council decided to delay implementation of an ordinance that would ban certain truck traffic in the city’s downtown district.
Morgantown’s heavy truck ban is supposed to go into effect December 1st (ninety days after it was passed in September). But in order to enforce the ordinance, signs need to be in place along state route 7 which cuts through town—signs that require approval from the state’s Department of Highways. The city submitted a proposal for signs several weeks ago, but the Division of Highways hasn’t responded.
The city council’s lead legal counsel, Bob Bastress, advised the group to delay enforcement until either:
They receive permission from DOH, and signs are in place.
They receive a favorable ruling from December 15th court hearing, and then get permission from DOH and signs in place.
DOH
The Division of Highways has been more or less silent on the issue since August when, in response to inquiries made by the City of Morgantown, the DOH said according to its interpretation, state code doesn’t allow for local management of roads within the state road system. “Therefore,” a DOH letter reads, “without the permission of the Commissioner [of Highways], any such municipal regulation would be invalid.”
“From their past statements, I don’t anticipate the DOH giving permission for the signage unless they’re told they have to by a court,” Batress said.
Court
A court hearing is already scheduled to settle the heart of the matter. A lawsuit was recently filed by two companies that would be directly affected by the ban, Shinston-based Nuzum Trucking Company and Kingwood-based Preston Contractors. The companies are seeking an injunction to stop the ban from going into effect. A motion was made for summary judgment on the state code in question, and that hearing will be held in Charleston, Bastress said, on December 15th.
Bastress, who also teaches about Constitutional Law at the West Virginia University Law School, reiterated during the meeting that it was his opinion that the council is well within its authority to regulate truck traffic in Morgantown.
Credit Safe Streets Morgantown
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Fact sheet compiled by Safe Streets Morgantown in light of recent lawsuit.
A group is working to create a transportation plan for Raleigh and Fayette Counties. The Metropolitan Planning Organization, or MPO, is working to identify transportation investments needed to move the region forward.
The MPO office is federally and state funded but it’s made up of local governments, business leaders, and others. The group is responsible for long range transportation planning.
When the 2010 Census was published in 2012 is showed six towns across Route 19 in Fayette and Raleigh Counties had a population density of 50,000 or more. This makes the region “urbanized.” The municipalities included with this new designation include Fayetteville, Mt. Hope, Oak Hill, Sophia, Mabscott, and Beckley.
When an area is deemed ‘urbanized’ the federal government mandates the formation of an organization to come up with a transportation plan. As mandated by the federal government, the MPO is working to develop a 25‐year Regional Transportation Plan, which addresses travel by all modes, including streets and highways, bikeways and walkways, public transportation, aviation, rail and waterways.
Folks are encouraged to attend the second meeting to share ideas with leaders on what should be included in this plan. The is Tuesday, September 30 5:00 p.m. – 7:00 p.m. at the Beckley City Hall Council Chambers in Beckley.
You can also share your ideas for the Fayette Raleigh County 25 year transportation plan online.
A ceremony celebrating the effort to ensure quality drinking water for a community in Southern West Virginia was hosted on Tuesday.
The ceremony marked a milestone for the Bud/Alpoca Water System Upgrade Project. The upgrade ensures that an estimated 170 residential and commercial customers in the communities of Bud and Alpoca, in Wyoming County will have safe drinking water.
The project was awarded $520,000 through the Army Corps Sec 340 Southern West Virginia Infrastructure Program. The Section 340 program has helped to provide residents across southern West Virginia with modern water and wastewater systems.
The project comes after residents went months on a boil water advisory. A complicated business deal that took more than five years contributed to the 7-month-long boil advisory. The state public service commission approved the acquisition sale of Alpoca Water to the PSD in April of this year.
A series of informational gatherings are underway about a proposed 550-mile gas pipeline called the Atlantic Coast Pipeline. Dominion Resources is sponsoring the events.
Dominion Resources, along with Duke Energy, Piedmont Natural Gas and AGL Resources announced Sept. 2 the formation of a joint venture to build and own the proposed pipeline.
Quick facts the proposed pipeline:
Slated to cost nearly $5 billion
Approximately 550 miles long
In West Virginia and Virginia, the pipe would be 42 inches in diameter; in North Carolina, 36 inches. The Hampton Roads pipeline would be 20 inches in diameter.
The capacity of the pipeline is projected to be 1.5 billion cubic feet/day.
Activity – Expected Timing
Survey/route planning May-Dec. 2014
FERC Pre-Filing Request Fall 2014
FERC Application Summer 2015
FERC Certificate Summer 2016
Construction 2017-2018
In-service Late 2018
Meetings
A series of open-house-style meetings are underway which offer landowners and area residents an opportunity to talk with Dominion representatives, engineers and contractors to learn more about the project.
September 17:
Wesleyan College Greek Alumni Room and Performing Arts Center Lobby 59 College Ave. Buckhannon, WV 26201
September 24:
Durbin Volunteer Fire Department 40 4th Avenue Durbin, WV 26264
5 p.m. to 6:30 p.m. Landowners within the proposed study corridor 6:30 p.m. to 8 p.m. Landowners and the general public
A bridge commemorating a village settled in Summers County in 1772, is being replaced. But the project is providing more than just a new bridge for vehicle traffic.
The Project
Andy Powell, District 9 Project Engineer for the West Virginia Division Highways says the bridge needed to be replaced for safety and financial reasons.
The height and weight limits are set for trucks during the 1950’s. Powell points out that trucks are larger these days. The new bridge will be stronger and be able to carry heavier loads.
Credit Jessica Lilly
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Construction crews are removing material from this hill side and will move to help build a new boat dock.
The $29 million project will also give a boost to the recreational community. The material that’s being taken basically off a mountain to widen the road will be relocated to help provide a wider boating dock area. The current lake access off of route 20 is said to have a steep angle that’s tough to navigate.
The 1200 feet long bridge is expected to open to traffic by summer of 2015, completion of the whole project is set for completion by June 30, 2016.
Bridging History
The existing Lilly Bridge was built in 1950. The bridge was built around the same time as the Bluestone Dam when about 50 families were forced to move because the federal government worried that the creation of the dam would flood the Village of Lilly, hence the name the Lilly Bridge.
According to the Lilly Family History records, Lilly was a Village at the Bluestone and Little Bluestone Rivers in Summers County settled in 1772.
“It was said that they came here with a rifle, a bible and an ax to settle this rugged area,” National Park Ranger Teena Lilly said in the West Virginia Public Broadcasting documentary “Three Rivers”.
“The graves were exhumed, families were moved, and homes were torn down because they believed that Lilly would be under water.”
Very little remains of the actual village since the Federal Government forced residents off the land. The family is left with the bridge and a monument to remember their homeland. The new bridge will keep the Lilly name.
