THE DAILY ATHENAEUM
“Little good is accomplished without controversy, and no civic evil is ever defeated without publicity.”
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WEDNESDAY JULY 7, 2010
VOLUME 123, ISSUE 158
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Council: two people per home in city BY DEVON UNGER CITY EDITOR
The Morgantown City Council adopted an ordinance redefining the term family within city limits Tuesday. No more than two unrelated individuals not deemed a “functional family” may occupy a residence within city limits, according to the ordinance. “We are engaging in a significant set of changes. What we are trying to do is preserve owner occupied neighbor-
hood by restricting the ability to have rentals,” said Mayor Bill Byrne. “At the same time we are doing some things to try to encourage more dense development in the downtown and student areas by providing quality, safe and attractive housing downtown.” The code originally allowed up to three unrelated people to live in R1 or R1A residential districts, such as South Park. With the amended code, only two unrelated people can do so. Students already living with three or more unrelated peo-
ple in R1 or R1A districts will not be affected by the new code because they are “grandfathered” in, Byrne said. The code change takes effect immediately. Rental units are inspected every three years to determine compliance. Two Morgantown residents spoke in favor of this ordinance, saying the city needs to protect single family districts. Councilor Charlie Byrer questioned the city’s enforcement procedures for such ordinances and recommended
a five-person committee be formed to review residences. However state code states the city planning director is charged with determining whether a residence complies with the ordinance. “This is a big effort to oversee what is going on here,” Byrer said. “One person, the planning director, I don’t think can really have the time or the effort to go check on everything.” City Attorney Steve Fanok disagreed with Byrer. He said the system to deal with enforcement is already in place,
and has a precedent in state code. “As far as trying to set up another agency or group to administer and look over this goes directly against the state statute,” Fanok said. “The zoning statute of the State of West Virginia develops two commissions that are responsible for zoning in any city that develops a zoning ordinance. That’s the planning commission and the board of zoning appeals.” Fanok said the city planning director will make the decisions regarding com-
pliance with the ordinance, and any challenges could be taken to the board of zoning appeals. “I think we’d be making a huge mistake if we went in a different direction,” Fanok said. Byrne said the council would revisit the ordinance in either six months or one year to determine if the enforcement was adequate. The council also approved a resolution promoting the establishment of
see FAMILY on PAGE 2
One year ann versary WVU
Application for iPhone and iTouch reaches 10,000 downloads within first year BY DAVID RYAN COPY EDITOR
GRAPHIC BY DAVID RYAN
iWVU, West Virginia University’s official iPhone and iPod touch application, has reached 10,000 downloads in its first year. The application, available for free in the app store, is also in its third version and has been downloaded in 28 countries. Jared Crawford, senior computer engineering and electrical engineering major, said the app is “continuing to get downloads and continuing to get new features.” The application is currently in its third version, with an update expected in the near future. The new version, iWVU 4.0, will include updates for the new iPhone model and operating system, including support for the high resolution “Retina Display.” “There will be background streaming of U92, so you can multitask and use the application and listen to U92,” Crawford said. “You can be listening while surfing the web or using another application, just like you would Pandora or any other music streaming app.” Users can also control the stream using the regular iPhone music controls. Crawford said he is also working on iWVU for the iPad but said the application would be the same for both devices. The application has undergone multiple changes since its launch in August 2009. Originally released without University approval, the application featured a brief selection of links to campus features, such as maps on campus and bus schedules. When iWVU was quickly adopted as the school’s official application, Crawford had better access to more information. “The collaboration with the University opened a lot of doors to information that really made things a lot easier – such as ability to search the WVU directory,” Crawford said. Another feature includes the current status of the PRT.
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Smoking task force to modify current policy BY MELANIE HOFFMAN MANAGING EDITOR
INSIDE
Columnist David Ryan believes seven months is too long for the smoking task West Virginia Universi- force decision. Read more on page 4. ty’s smoking task force has decided it will recommend force chair. changes to the University’s “We’ve pretty much come 1990 smoking policy. to the conclusion that we While there is no set time- want to modify the current line on when a new policy will policy, but we haven’t debe finished or implemented, cided what that means yet,” the task force has two goals: Wilson said. to reduce the exposure of toThe next phase of the bacco on the campus commu- group is to examine the nity and respect everyone’s shape and extent of the polrights and opinions, said C.B. icy’s modification and its CHELSI BAKER/THE DAILY ATHENAEUM Wilson, associate provost for Signs reading “Tobacco Free Campus” were put up around the Health Sciences Center on Academic Personnel and task see POLICY on PAGE 2 the Evansdale Campus.
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SUNNY
INSIDE News:1, 2, 3 Opinion: 4 Sports: 5, 7 A&E: 8, 9, 10, 12 Campus Calendar: 6 Puzzles: 6 Classifieds: 10, 11
FRESH FOOD
The WVU Hospital Farmers’ market opens today. A&E PAGE 9
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INSIDE THIS EDITION The West Virginia football team is taking this summer more seriously after goofing off too much in 2009 on page 5.
CHELSI BAKER/THE DAILY ATHENAEUM
Construction Vehicles are parked along the Mon-Fayette Expressway Monday afternoon. The highway, which links Interstate 68 and Interstate 376 in Pittsburgh, will be completed in 2012 after 18 years of construction.
Tolls to be taken on W.Va. section of Mon-Fayette BY DEVON UNGER CITY EDITOR
The construction of a tollbooth will hold back the completion date for the West Virginia section of the MonFayette Expressway until Spring 2011. Most of the 3.85 miles of roadway construction in West Virginia including grading, paving, construction of guardrails and signs and bridgework will be completed by late November or early December, said Marvin Murphy, state highway engineer for the West Virginia Division of Highways. Construction of the tollbooth will begin in the fall to be completed by spring. Originally, tolls were going
to be collected in Pennsylvania, with monthly electronic transfers being sent to West Virginia from the Pennsylvania Turnpike. “The West Virginia Turnpike Authority will be handling our portion,” Murphy said. “We wanted to do the open-road tolling, but the legislation was not in place to do that, so we had to go back to the West Virginia tollbooth.” Murphy did not know how much the toll on the West Virginia section would be. He said the booth would be around five miles from the Pennsylvania border and would be a small, limitedmanpower facility accepting
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Diviney’s condition worsens; he enters New Jersey hospital BY ERIN FITZWILLIAMS STAFF WRITER
Ryan Diviney was moved out of his home and into Morristown Memorial Hospital in New Jersey June 30 after an initial trip through the St. Barnabus ICU June 28. He is currently suffering from injury-related pneumonia, and an EEG scan showed Diviney is suffering from “silent seizures.” He is being medicated to minimize them. He also has a significant blood clot in his upper right leg, according to updates on the Ryan’s Rally organization website July 6. Diviney, a West Virginia University sophomore from Ashburn, Va., has been in a coma since he was attacked outside the Willey Street Dairy Mart at 3:10 a.m. Nov. 7, 2009.
Ryan has been placed on a ventilator and has been dosed with antibiotics to fight the pneumonia. Ken Diviney, Ryan’s father said he was possibly going to have an MRI late Tuesday. Jonathan May, 18, and Austin Vantrease, 18, of Newark Del., were arrested and charged with malicious assault Dec. 9, 2009 in connection with the beating. Ken Diviney, Ryan’s father, said in an earlier interview a trial postponement was granted from March 16 to July 16 because the attorneys requested time for review of medical records provided by the state. “It’s killing me to sit and stay silent,” Ken said. His heart rate has been high, and he has had temperatures as high as 108, he
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FIELD PLANS NOT FINISHED West Virginia University officials have missed two deadlines to have a completed plan regarding the future of recreational fields. SPORTS PAGE 5