From: Brian McAllister <mountaineer.law@gmail.com>

Date: June 17, 2014 9:48:38 PM EDT

To: Brent Bailey <brent.bailey.wv@gmail.com>, Susan Case <susancasewv@gmail.com>, Alice Meehan <aew107@aol.com>, Barb Howe <bhowe@wvu.edu>, Barbara Fleischauer <friendsofbarbara@gmail.com>, Bill Byrne <bbyrnewv@me.com>, Bill Case <billcasewv@hotmail.com>, Carroll Wilkinson <cwilkins@wvu.edu>, Charles DiSalvo <crdisalvo@gmail.com>, Christiaan Abildso <cabildso@yahoo.com>, Cindy Ashworth <cashvan@aol.com>, Connie McCluskey <constance55@frontier.com>, Don Spencer <dspencer36@comcast.net>, emily vasile <emilyvasile@gmail.com>, Frank Gmeindl <fgmeindl@gmail.com>, John Gaddis <jgaddis@gaddisconsulting.com>, John Lozier <jl@harpingforharmony.org>, Katherine Payne <paynekw@gmail.com>, Kathy Abate <xuaf@aol.com>, Kitty Lozier <clozier@labs.net>, "lshamber@mix.wvu.edu" <lshamber@mix.wvu.edu>, Marlene Robinson <cobblersbnch@gmail.com>, Matthew Cross <crossnyc@hotmail.com>, Miranda Miller <miranda.rae.miller@gmail.com>, Missy Malarkey <zonkerzebra@yahoo.com>, Nancy Abrams <nabrams6@comcast.net>, Ruth Donaldson <acdonalds@comcast.net>, "sfallon3@comcast.net" <sfallon3@comcast.net>, "sharonjgoodman@comcast.net" <sharonjgoodman@comcast.net>, Sophia Peterson <wvusophia@gmail.com>, "stephen.mccluskey@mail.wvu.edu" <Stephen.McCluskey@mail.wvu.edu>, "wreger@hsc.wvu.edu" <wreger@hsc.wvu.edu>, "wvubassoon@hotmail.com" <wvubassoon@hotmail.com>, Brian McAllister <bmcallister@baileyglasser.com>, Adelheid Schaupp <empire2000llc@gmail.com>

Subject: Re: Truck Traffic in Downtown Morgantown - Your Support Requested

All -

 

Attached please find the proposal of Safe Streets Morgantown, which we submitted to Council today. 

 

Please spread the word, share the document, like Safe Streets Morgantown on Facebook, encourage your neighborhood associations to support the measure, encourage business owners to support this measure.  Attend the Committee of the Whole on June 24. 

 

Anyone with questions should feel free to contact me.

 

Thanks so much.

 

Brian

 

 

 

On Fri, Jun 13, 2014 at 9:58 PM, Brian McAllister <mountaineer.law@gmail.com> wrote:

Friends -

 

We in Morgantown have, for many years, operated under the impression that our City Council is powerless to regulate large truck traffic in and through our downtown.  Many of you are intimately familiar with that traffic and its impacts.

 

I submit to you that the West Virginia Code does, in fact, afford municipalities authority to reasonably regulate traffic, even on state roads, within city limits.  This being the case, and because we in Morgantown concluded within our Comprehensive Plan that the movement of large trucks through our downtown business district is detrimental to the health and vitality of nearby neighborhoods, as well as to the downtown business district itself, I, with a group of others, will submit a proposed ordinance prohibiting heavy trucks from traveling through the downtown business district (subject to exceptions for police, fire, lawful detours, trucks delivering to destination points within the downtown business district, etc.).

 

You will recall that we have addressed this issue on a number of occasions.  Previous efforts, however, centered mainly on negotiation; we failed to advance the statutory argument referenced above.  The same mistake will not be repeated, and I am reasonably confident that the City Council will be persuaded by our presentation, which is grounded in law, our Comprehensive Plan, and common sense.  

 

My group will submit the written proposal to City Council in the coming days.  We will appear before Council at its Committee of the Whole meeting on June 24 to address any and all questions members of Council might have.  It is my intention to convince the City Council to place the proposal on the regular agenda at that time.   Community debate will follow, which we welcome.

 

Rarely in our City are we faced with an issue so clearly justifying a collaborative effort between  our neighborhoods (especially Greenmont, South Park, and Jerome Park) and downtown businesses.  Here it is.  I ask for your support – vocal support – on this issue.  I ask for the support of local business as well.

 

Should you have any questions, please feel free to get in touch.  Please also feel free to pass this message on to other potential supporters.  Most importantly, please join me in City Council chambers on June 24 to show your support for this measure.  It's time to show our City Council that we remain dissatisfied with the movement of heavy trucks through our neighborhoods and downtown.  It's time to solve the problem.  Together, I think we can.

 

All my best,

 

Brian