REGULAR MEETING AUGUST 20, 2002:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 20, 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.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on August 6, 2002, were approved as printed.

CORRESPONDENCE:

Mayor Justice presented a retirement plaque to Terry Jones and the WVML All-Star Community Award for Morgantown and Star City.

Councilor Merow read a letter from Dr. Jeffrey Bruner regarding the death of Dr. Schlunk.

PUBLIC HEARING-AN ORDINANCE AMENDING SECTION 363.08(d) OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO HOURLY PARKING FEES IN MUNICIPAL OFF STREET PARKING LOTS:

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 in opposition to the parking rate increases.

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

PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS 719.11, 719.14, 719.15, 719.16, 719.18, AND REPEALING SECTIONS 719.20 AND 719.21 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO SOLICITORS AND CANVASSING:

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.

PUBLIC HEARING-AN ORDINANCE AMENDING SECTIONS 707.01, 707.02, AND 707.03 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO HANDBILL DISTRIBUTIONS:

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.

PUBLIC HEARING-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:

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 AMENDING SECTION 363.08(d) OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO HOURLY PARKING FEES IN MUNICIPAL OFF STREET PARKING LOTS: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 363.08(d) OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO HOURLY PARKING FEES IN MUNICIPAL OFF STREET PARKING LOTS.

Rules were suspended to allow Tom Arnold, Parking Authority Director, to speak. After discussion, motion by Byrne, second by Miller, to approve the above entitled ordinance. Motion carried 6-1. (Merow voted NO).

AN ORDINANCE AMENDING SECTIONS 719.11, 719.12, 719.13, 719.14, 719.15, 719.16, 719.18, AND REPEALING SECTIONS 719.20 AND 719.21 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO SOLICITORS AND CANVASSING: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTIONS 719.11, 719.12, 719.13, 719.14, 719.15, 719.16, 719.18 AND REPEALING SECTIONS 719.20 AND 719.21 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO SOLICITORS AND CANVASSERS.

Motion by Merow, second by Manilla, to approve the above entitled ordinance. Motion carried 7-0.

AN ORDINANCE AMENDING SECTIONS 707.01, 707.02, AND 707.03 OF THE BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO HANDBILL DISTRIBUTORS: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTIONS 707.01, 707.02 AND 707.03 BUSINESS AND TAXATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO HANDBILL DISTRIBUTORS.

Motion by Byrne, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.

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: 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.

After discussion, motion by Merow, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.

PUBLIC PORTION:

Milton Cohen, 1060 Ross Street, spoke about Parking Authority personnel expenses.

SPECIAL COMMITTEE REPORTS:

Councilor Merow attended the Vision Impaired meeting regarding audible signals.

NEW BUSINESS:

AN ORDINANCE APPROVING CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled Ordinance was presented for first reading:

AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE.

Motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF 69.03 ACRES INTO THE CITY OF MORGANTOWN: The following entitled Ordinance was presented for first reading:

AN ORDINANCE PROVIDING FOR THE ANNEXATION OF 69.03 ACRES OF ADDITIONAL TERRITORY INTO THE CITY OF MORGANTOWN PURSUANT TO SECTION 8-6-4 OF THE WEST VIRGINIA CODE.

After discussion, motion by Byrne, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF A PROPOSED AMENDMENT TO THE POLICE CIVIL SERVICE RULES: The above entitled Amendment was presented for Council's approval:

After discussion, motion by Scafella, second by Byrne, to pass the above Amendment. Motion carried 7-0.

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

Attached you will find a press release announcing an important meeting about the update of the Municipal Airport Master Plan. The meeting will be in the Training Room of the Public Safety Building at 6:00 pm on August 21^st. The City's consultant HNTB will make a presentation on the findings to date and be available to answer questions. The consultants will also be making a presentation to City Council at its August Committee of the Whole Meeting.

Item No. 2:

To further support existing and new business investments at the Municipal Airport, the City will be meeting this month with State and County economic development representatives; the County; the Morgantown Utility Board; and private sector interests to discuss funding sources for a potential water pressure upgrade at the Airport. This project could cost approximately $l,000,000 benefitting not only the Airport but the larger Mileground area as well.

NEW BUSINESS:

Item No 1:

The Upper Mon Water Trail Special Interest Group is continuing its work to secure funding for docks along the Upper Mon River. The group is also preparing a special brochure about the waterway and its facilities. To support this work, I recommend that the City grant the group's request for $200 to help fund the brochure.

Motion by Byrne, second by Merow, to expend $200 for Upper Mon Water Trail brochure. Motion carried 7-0.

Item No 2:

The second attachment describes the continuation of the WV Division of Forestry Demonstration Grant. Given the successes of the City's Tree Board projects funded by this program, I recommend that it be renewed with a $5,000 match from the Capital Escrow Account.

After discussion, motion by Miller, second by Byrne, to allot $5,000 to match the Tree Board project. Motion carried 7-0.

CITY CLERK'S REPORT:

Linda Little mentioned the Hot Dog Sale for the United Way.

STAFF ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS :

Councilor Merow: Councilor Merow noted her upcoming social event, parking downtown and rate increases, pedestrian accident rates, trash on the hillside next to Grand Central Station, and vacant stores downtown. Councilor Merow commented on people disagreeing with City Council.

Councilor Byrne: Councilor Byrne spoke on downtown and WVU, and targeting lower Brockway with citations. Councilor Byrne asked for an update on South Point St. update and that Mr. Cohen get a complete Parking Authority budget.

Councilor Miller: Councilor Miller commented on current growth downtown - Level's upward expansion and the new bank downtown, and suggested that housing be a standing item at COW. Councilor Miller welcomed students back - drivers are crazy but pedestrians have the right of way at crosswalks.

Councilor Scafella: Councilor Scafella presented a resident's thanks to the City's response to a garbage problem on Second Street and suggested lower Garrett Street for walkers, bikers and handicapped access to the Trail. Councilor Scafella clarified being kind to another's point of view, quoted Jim Lehrer, and requested the downtown business recruiter come to a COW. Councilor Scafella responded to Merow.

Councilor Manilla: Councilor Manilla agreed with Scafella on Trail access and commented on MUB work by St. Theresa's being done before WVU started. Councilor Manilla requested notification 3 months before the BFI contract runs out, if implementation of police on University Avenue has started, agreed with Byrne on downtown status and asked if legislators will be at the September COW.

Councilor Bane: Absent.

Mayor Justice: Mayor Justice welcomed the media, mentioned the dedication of Hazel Ruby McQuain Park, the Hot Dog Sale, key to the City for an Italian delegate, the next MPO meeting, and the Economic Development Committee public hearing for all Morgantown projects.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:14 p.m.

_____________________________ __________________________________

City Clerk Mayor

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