REGULAR MEETING JANUARY 6, 2004:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, January 6, 2004, at 7:30 P.M.

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



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on December 16, 2003, were approved.



CORRESPONDENCE:



The Oath of Office for Fire Fighter First Class was administered to Jeff Kennison by the City Clerk. (Chuck Campbell and Paula Tucker were absent).



Mayor Justice noted the next MPO meeting.



Councilor Bane commented on Carolyn Hanson's e-mail regarding Adelphia rate increases.



Councilor Spencer mentioned the neighborhood zoning meeting.

PUBLIC HEARING - AUTHORIZING THE CITY OF MORGANTOWN TO ACCEPT A GIFT OF REALTY FROM WESLEY AND TWILA METHENEY.:



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 hearing closed.



UNFINISHED BUSINESS:



AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO ACCEPT A GIFT OF REALTY FROM WESLEY AND TWILA METHENEY: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO ACCEPT A GIFT OF REALTY FROM WESLEY AND TWILA METHENEY.

After discussion, motion by Spencer, second by Manilla, to adopt the above entitled ordinance. Motion carried 6-0. (Scafella Absent).



BOARDS AND COMMISSIONS:



By acclamation, reappointments of Jenny Dinsmore to Transit and Ray Hicks, Jr. to Planning.



PUBLIC PORTION:



Phil Shuman, 250 Kingwood Street, commented on liberalizing the bar and restaurant code.



Marilyn Montgomery, 108 Highland Avenue, asked about Wiles Hill rezoning.



Milton Cohen, 1060 Ross Street, spoke against Business Improvement Districts.

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



SPECIAL COMMITTEE REPORTS:



Mayor Justice announced the SPAN meeting at City Hall.



NEW BUSINESS:



AN ORDINANCE CREATING THE CENTRAL HIGH STREET BUSINESS IMPROVEMENT DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF MORGANTOWN: The following entitled Ordinance was presented for first reading:



AN ORDINANCE CREATING THE CENTRAL HIGH STREET BUSINESS IMPROVEMENT DISTRICT, WITHIN THE CORPORATE LIMITS OF THE CITY OF MORGANTOWN; BETWEEN FAYETTE STREET AND WALNUT STREET ALONG HIGH STREET, CREATING THE CENTRAL HIGH STREET BUSINESS IMPROVEMENT DISTRICT BOARD, AND ESTABLISHING PROCEDURES FOR CONTRACTING AND CONTROL OF FUNDS.



After discussion, motion by Byrne, second by Bane, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Scafella Absent).



CITY MANAGERS REPORT:



NEW BUSINESS:



Item No 1:

By virtue of creating the Square at Falling Run TIF District, the City is now eligible to incur expenses associated with the project and be reimbursed from bond proceeds to be realized at a later date. To keep this project on schedule, I recommend that the City employ Triad Engineering to effect a survey of the WVU property to be acquired for a cost of $3,412 and contract with Gerry Hall (State Certified General Appraiser) to appraise the property for a cost of $2,500.



Motion by Byrne, second by Miller, to employ Triad Engineering for the survey and Gerry Hall to appraise WVU property for the Square at Falling Run. Motion carried 6-0. (Scafella Absent).



Item No 2:

Attached you will find a memo from the Fire Chief reporting bid results for Fire Department communications equipment (funded with a grant from West Virginia University). I agree with the Chief's findings and recommend that the contract be awarded to the low bidder that meets all of the City's requirements Staley Communications with a unit cost of $549 (will purchase 32 radios).



The City Manager removed this item due to last minute information.



CITY CLERK'S REPORT:



City Clerk Little noted the upcoming WV Municipal League Conference.

CITY ATTORNEY'S REPORT:



No Report.

REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane requested the restaurant and bar ordinance be on a COW, commented on locating gas lines, the meeting at Dorsey's Knob, and towing issues.



Councilor Manilla: Councilor Manilla commented on towing issues.



City Attorney Fanok noted these are City regulations, not Public Service Commission rules.

Councilor Scafella: Absent.



Councilor Miller: Councilor Miller asked if BFI is on the January COW.



Councilor Byrne: Councilor Byrne addressed the Adelphia rate increase, bar and restaurant rules, commended the Dorsey's Knob project workers, and remarked on Sunnyside Up.



Councilor Spencer: Councilor Spencer asked for a statement to the legislators on issues addressed at the Dorsey's Knob meeting, a list of January COW items, and a discussion on the Annual Report. Councilor Spencer mentioned the earthquake in Bam, Iraq and thanked Dr. Martis and WVU students for the Dorsey's Knob Power Point presentation.



Mayor Justice: Mayor Justice thanked everyone connected with Dorsey's Knob and today's meeting there, noted local artists and authors will be displayed at the lodge, and requested an updated tour of the Garlow House.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:30 p.m.







_____________________________ __________________________________

City Clerk Mayor



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