REGULAR MEETING JANUARY 3, 2006:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, January 3, 2006, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Attorney Steve Fanok, City Clerk's Secretary Donna Roberts, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Bill Byrne, Don Spencer. (City Clerk Linda Little, Teresa Miller Absent.)

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on December 20, 2005, were approved as printed.

CORRESPONDENCE:

Mayor Justice summarized the City Manager's reply about the transfer of intermodal funds; noted Region VI WIB reappointments; and advised of an official Sugar Bowl win celebration when everyone is back.

PUBLIC HEARING:

PUBLIC HEARING - AN ORDINANCE AMENDING ZONING - CHAPTER 5, PART 13:

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 ZONING SECTION 19(E)(2) PRIVATE CLUBS REGULATIONS:

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 AUTHORIZING AN INTERGOVERNMENT AGREEMENT WITH WESTOVER FOR PAVING:

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 THE FY 2005-2006 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND:

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 ZONING - CHAPTER 5, PART 13: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING CHAPTER 5, PART 13, OF THE PLANNING AND ZONING ORDINANCE OF THE MORGANTOWN CITY CODE.

After discussion, motion by Byrne, second by Bane, to adopt the above Ordinance. Minor amendment by Byrne to revise subsection 300.06 (16) by adding to e: Liquor may be served either at seats intended primarily for dining, or at any bar area within the restaurant, with or without an accompanying meal: striking f and g: and changing the time in h to 1:00 a.m., second by Scafella. Motion carried 6-0. (Miller Absent.) Main motion carried 6-0. (Miller Absent.)

AN ORDINANCE AMENDING ZONING - SECTION 19(E)(2) PRIVATE CLUBS REGULATIONS: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING SECTION 19 (E)(2) OF ITS ZONING ORDINANCE, AS THE SAME APPLIES TO PRIVATE CLUBS REGULATIONS.

Motion by Byrne, second by Scafella, to table the above Ordinance. Motion carried 6-0. (Miller Absent.)

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENT AGREEMENT WITH WESTOVER FOR PAVING: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENT AGREEMENT BETWEEN IT AND THE CITY OF WESTOVER, AS THE SAME APPLIES TO ACQUISITION OF STREET RESURFACING MATERIALS AND CONTRACTING WHO WILL PREPARE FOR AND PLACE THE SAME IN BOTH MUNICIPALITIES DURING 2006.

Motion by Scafella, second by Byrne, to adopt the above Ordinance. Motion carried 6-0. (Miller Absent.)

AN ORDINANCE AMENDING THE FY 2005-2006 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING THE FY 2005-2006 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.

Motion by Spencer, second by Bane, to adopt the above Ordinance. Motion carried 6-0. (Miller Absent.)

BOARDS AND COMMISSIONS:

There was no business.

PUBLIC PORTION:

There being no appearances or objections, Mayor Justice declared this public portion closed.

Mayor Justice announced that this is the last meeting for Lt. Lantz.

SPECIAL COMMITTEE REPORTS:

There was no business.

NEW BUSINESS:

AN ORDINANCE LEASING AREAS OF THE METROPOLITAN THEATRE TO WILLIAM A. BONFILI FOR BILLIARD PARLOR PURPOSES: The following entitled Ordinance was presented for first reading.

AN ORDINANCE PROVIDING FOR LEASING TO WILLIAM A. BONFILI BY THE CITY OF MORGANTOWN CERTAIN AREAS AND FACILITIES AT THE METROPOLITAN THEATRE FOR BILLIARD PARLOR PURPOSES.

Motion by Scafella, second by Bane, to pass the above Ordinance to second reading. Motion carried 6-0. (Miller Absent.)

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

At your desk you will find the Administrative Report for calendar year 2005. As you will read, the City has realized a number of significant successes and advanced its programs and services during this time period. The new year promises to be even more productive given the progress that has been achieved.

NEW BUSINESS:

Item No. 1:

As established last year, the Community Visions Foundation is now in place to coordinate the activities of area arts and culture programs and to organized campaigns to raise funds for these organizations. To advance this project, I recommend that the City provide $5,000 from the Capital Escrow Account to help organize its fund raising objective.

After discussion, motion by Scafella, second by Byrne, to provide $5,000 to support the Community Visions Foundation. Motion carried 6-0. (Miller Absent.)

Item No. 2:

Attached is a memo from the Public Works Director presenting the proposed paving list for 2006 ($350,000 is available). Based upon the merits of her suggestions, I recommend that the list and the contingency list be approved.

After discussion, motion by Byrne, second by Scafella, to approve the paving list as prepared. Motion carried 6-0. (Miller Absent.)

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane congratulated the university on the win and said Happy New Year.

Councilor Manilla: Councilor Manilla congratulated WVU football on the Sugar Bowl victory.

Councilor Scafella: No Report.

Councilor Miller: Absent.

Councilor Byrne: Councilor Byrne echoed congratulations on the incredible victory and observed the mining tragedy in Upshur County.

Councilor Spencer: Councilor Spencer expressed sentiments about the miners; on behalf of the Beautification Commission, thanked Marchetta and volunteers for work done throughout the year; requested more trees on High Street and tree ordinance on COW agenda; questioned the status of the MUB stormwater plan and input to the County on voting machines; remarked on the death of Mrs. Gene Corum and the incredible bowl game results of last night.

City Manager Boroff stated that MUB is working on the specifications and should have a report by mid-spring; the City Clerk is working with County and State officials.

Mayor Justice: Mayor Justice advised of future meetings and events; noted Dr. King's daughter as a speaker for the MLK Celebration; and reported on Dorsey's Knob entranceway progress.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:15 p.m.

_____________________________ __________________________________

City Clerk Mayor

*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.