REGULAR MEETING NOVEMBER 6, 2002:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Wednesday, November 6, 2002, 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 Councilmembers Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne. (Florence Merow Absent).



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on October 15, 2002, were approved as printed.



CORRESPONDENCE:



Mayor Justice remarked on the follow up letter to state legislators and read a proclamation for Random Acts of Kindness Week.



City Clerk Linda Little gave the oath of office to Human Rights Commission members and then to promoted Fire Department members Capt. Mark Caravasos, Lt. Andrew Laskody, and Lt. Terrance Rinehart.



Mayor Justice invited Council to the Governor's presentation tomorrow.

PUBLIC HEARING-AMENDING THE 2002-2003 BUDGET:



Pursuant to a legal notice appearing in the Dominion Post, Mayor Justice called for a public hearing on the above referenced Ordinance.

Milton Cohen, 1060 Ross Street, spoke against the ordinance.



There being no more appearances or objections, Mayor Justice declared this hearing closed.



UNFINISHED BUSINESS:



AN ORDINANCE AMENDING THE 2002-2003 BUDGET: The following entitled Ordinance was presented for second reading:



AN ORDINANCE AMENDING THE FY 2002-2003 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 Miller, second by Byrne, to adopt the above entitled ordinance. Motion carried 6-0. (Merow Absent).

BOARDS AND COMMISSIONS:



By acclamation, Sarah Etherton was appointed to the Personnel Board.



PUBLIC PORTION:



Cindy Frich, 1248 Baker's Ridge Road, suggested inviting state legislators to Council meetings and commented on boundaries of the MPO and the MPO bylaws.



Milton Cohen, 1060 Ross Street, spoke on protection for citizens during a war.



SPECIAL COMMITTEE REPORTS:



Councilor Byrne noted the Sunnyside Group trip to Columbus, Ohio.



NEW BUSINESS:

AN ORDINANCE AMENDING SECTION 719.15 AS THE SAME APPLIES TO CHARITABLE SOLICITORS AND PERMIT REVOCATION: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AMENDING SECTION 719.15 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO CHARITABLE SOLICITORS AND PERMIT REVOCATIONS.



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



AN ORDINANCE AUTHORIZING ISSUING PARKING REVENUE BONDS NOT TO EXCEED $6,500,000 FOR THE WHARF DISTRICT PARKING GARAGE: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AUTHORIZING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF NEW MOTOR VEHICLE PARKING FACILITIES, AND THE FINANCING OF THE COSTS THEREOF, NOT OTHERWISE PROVIDED, THROUGH THE ISSUANCE OF PARKING REVENUE BONDS, SERIES 2002, OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,500,000, THE PROCEEDS OF WHICH, TOGETHER WITH OTHER FUNDS OF THE CITY, SHALL BE EXPENDED FOR SUCH COSTS AND TO PAY COSTS IN CONNECTION WITH ISSUANCE OF SUCH BONDS; PROVIDING FOR THE RIGHTS AND REMEDIES OF, AND THE SECURITY FOR, THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ENACTING OTHER PROVISIONS WITH RESPECT THERETO.



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

CITY MANAGERS REPORT:



INFORMATION:



Item No 1:



The City has been informed by the Insurance Service Office, Inc. that Morgantown will be evaluated next calendar year to determine a new ISO fire rating (last one done in 1993). Currently the City is rated Class III which is one of the higher ratings in West Virginia. As in the past, the rating will be a product of the City's dispatch system (10%); water system (40%); and Fire Department (50%).



NEW BUSINESS:



Item No 1:



As discussed at the recent Committee of the Whole Meeting, attached is a memo proposing amendments to the Capital Escrow Account totaling $948,000 for the 9 projects listed. As per your guidance, I recommend that they be adopted.



Motion by Byrne, second by Scafella, to adopt the 9 project amendments to the Capital Escrow Account totaling $948,000. Motion carried 6-0. (Merow Absent).



CITY CLERK'S REPORT:



City Clerk Linda Little gave the Ward and Boundary Commission report which recommended no change in ward boundaries.



Motion by Byrne, second by Miller, to approve the Ward and Boundary Commission report. Motion carried 6-0. (Merow Absent).



CITY ATTORNEY'S REPORT:



No Report

REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane remarked on the BOPARC Master Plan, ideas for the Rec Center, and paving the 600 block of Elysian. Councilor Bane noted appearance and safety issues of a Sunnyside house.



City Manager Boroff responded with an update on citations.



Councilor Manilla: No Report.



Councilor Scafella: Councilor Scafella commented on the MPO bylaws reconsideration, televising MPO meetings, and still a garbage problem on Stewart Street. Councilor Scafella noted the P.U.D. gives design criteria authority to the City and mentioned garbage issues.



Councilor Miller: Councilor Miller spoke about Jim Lattanzi's idea for the Planning Commission to meet with the BZA and to be in close contact with the Sunnyside Group.



Councilor Byrne: Councilor Byrne noted that Terry Jones is creating advisory groups for Sunnyside Up for input from interest groups, commented on Exterior Maintenance issues with advice from an attorney from Charleston and garbage issues.



Councilor Merow: Absent.



Mayor Justice: Mayor Justice noted a Union Avenue parking issue, rental problem on Louise, and sidewalk issues on Stewart Street. Mayor Justice mentioned that TIF passed, no COW meetings in November or December, and legislators are invited to meetings.



EXECUTIVE SESSION:



Motion by Manilla, second by Bane to go into an executive session pursuant to West Virginia Code 6-9A-4-2 to discuss personnel matters with the following persons present: Council and City Manager. Time: 8:50 p.m.



ADJOURNMENT: Council went back into Regular Session. There being no further business, the meeting adjourned by unanimous consent at 10:00 p.m.







_____________________________ __________________________________

City Clerk Mayor



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