REGULAR MEETING MAY 20, 2003:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 20, 2003, at 7:30 P.M.

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



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the canvassing on April 29, 2003, were approved as printed and minutes of the regular meeting on May 6, 2003, were approved as corrected.



CORRESPONDENCE:



Mayor Justice mentioned the City Manager's letter to the FAA regarding match funding and the Colasessano Pepperoni Roll Sale for the United Way.

Mayor Justice welcomed Cathy Goffreda as WVU student liasion and Jimmy Carter as an avid Council watcher.



PUBLIC HEARING - REPEALING ARTICLE 1327:



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



John Duarte, 460 Grove Street, spoke against the ordinance.

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



PUBLIC HEARING - CONVEYANCE OF REAL ESTATE IN THE FOURTH WARD:



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 REPEALING ARTICLE 1327: The following entitled Ordinance was presented for second reading:

AN ORDINANCE REPEALING ARTICLE 1327 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO SUBDIVISION REGULATIONS APPLICABLE TO PLANNED UNIT DEVELOPMENTS.

After discussion, motion by Miller, second by Byrne, to adopt the above entitled ordinance. Motion carried 5-1. (Merow NO, Scafella Absent).



AN ORDINANCE CONVEYING PARCEL OF REAL ESTATE IN THE FOURTH WARD : The following entitled Ordinance was presented for second reading:



AN ORDINANCE PROVIDING FOR THE CONVEYANCE OF A PARCEL OF REAL ESTATE CONTAINING 750 SQUARE FEET IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM THE CITY OF MORGANTOWN TO THE DEPARTMENT OF PUBLIC SAFETY OF WEST VIRGINIA.



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



BOARDS AND COMMISSIONS:



By acclamation, Regina Charon's appointment to the Building Commission was reaffirmed for the period of October 15, 2002 through October 4, 2007.

PUBLIC PORTION:



Martin Christ, Friends of Deckers Creek, requested that Council send a letter to federal legislators to earmark PL-566 budget funds for the Deckers Creek watershed.



John Duarte, 460 Grove Street, commented about presenting written information to Council and maintenance of storm drains.



NEW BUSINESS:



AN ORDINANCE AMENDING THE 2002-2003 ANNUAL BUDGET TO THE COAL SEVERANCE FUND: The following entitled Ordinance was presented for first 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 COAL SEVERANCE FUND.



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



AN ORDINANCE AMENDING THE 2002-2003 ANNUAL BUDGET TO THE GENERAL FUND: The following entitled Ordinance was presented for first 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 Bane, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Scafella Absent).



RESOLUTION THAT THE CITY ACCEPT A LOCAL ECONOMIC DEVELOPMENT ASSISTANCE GRANT TO DEVELOP A MASTER PLAN FOR THE WEST VIRGINIA BOTANIC GARDEN IN MORGANTOWN: The above entitled Resolution was presented for Council's approval:



Motion by Merow, second by Byrne, to pass the above entitled Resolution. Motion carried 6-0. (Scafella Absent).



RESOLUTION ACCEPTING $15,000.00 IN GRANT FUNDS TO BE USED BY BOPARC FOR IMPROVEMENTS AT MYLAN PARK FOR THE BALLOON FESTIVAL: The above entitled Resolution was presented for Council's approval.



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



APPROVAL OF A COLLABORATIVE ARTS PROPOSAL FOR THE CLAUDE WORTHINGTON BENEDUM FOUNDATION:



After discussion, motion by Bane, second by Manilla, to approve the above proposal. Motion carried 6-0. (Scafella Absent).

CITY MANAGERS REPORT:



INFORMATION:



Item No. 1:

On May 8, 2003, the Monongalia County Development Authority voted to invest $350,000 in a water pressure improvement project for the Morgantown Airport and the Mileground. The County Commission has made a similar commitment and the City of Morgantown has budgeted $500,000 for a total project cost of $1,200,000 (the Morgantown Utility Board is also supporting the project by financing $700,000 of the cost). This collective effort speaks very well for the economic development of the area and all the participating entities and greatly enhances fire protection services throughout the area.



NEW BUSINESS:



Item No 1:

As discussed at the last Council Meeting, the development of Dorsey's Knob is an important City initiative of considerable promise. To further advance it, I recommend that $20,000 from the Capital Escrow Account be made available to match a $20,000 gift to the City to rehabilitate the house that is adjacent to the Knob.



After discussion, motion by Byrne, second by Miller, to appropriate $20,000 to match a donation to rehabilitate the house at Dorsey's Knob. Motion carried 6-0. (Scafella Absent).



Item No 2:

Council has considered the use of alternate materials to treat streets for snow and ice. Based upon your guidance, I recommend that this coming winter the City substitute mortar sand for cinders as an abrasive to mix with salt. This material should have similar traction properties. The manageable disadvantages are costs ($20 a ton versus $4 per ton (annual cost increase of approximately $32,000); aesthetics (brown residue versus black residue); and construction of a storage area (sand needs to be protected from excessive moisture less it freezes). Special Note: If this action is taken, the City will request the State Department of Highways to use the same material on State routes in Morgantown. Given the cost issue, it is possible though that the State will continue to use cinders and major routes will continue to be treated as in the past.



Motion by Bane, second by Merow, to replace cinders with sand and request the DOH to use the same inside City limits. Motion carried 6-0. (Scafella Absent).



Item No 3:

The Square at Falling Run recently approved as a Planned Unit Development by the City continues on schedule. To assure its continuing advancement, I recommend that Council as a general matter of policy, pledge the B & O construction taxes generated by the project to fund the public improvements necessary to support it (similar to what was done as part of River Front Development). Actual construction projects will be brought one by one to Council for your consideration.



After discussion, motion by Byrne, second by Miller, to authorize a policy of the B&O construction taxes generated by The Square at Falling Run for the necessary public improvements. Motion carried 6-0. (Scafella Absent).



Item No. 4:

On May 13, 2003, the City received one bid for asphalt for the 2003 Street Paving Project from Greer Asphalt Company for $121,151.50. A memo from the Public Works Director with her comments and recommendation is attached.



Motion by Miller, second by Merow, to award the asphalt bid to the Greer Asphalt Company for $121,151.50. Motion carried 6-0. (Scafella Absent).



Item No. 5:

On May 14, 2003, two bids were received for the Contractor for 2003 Street Paving Project. A memo is attached with recommendations from the Public Works Director for the award of the contract to the low bidder Dodd General Contractors Corp for $105,655.18.



Motion by Bane, second by Byrne, to approve the Dodd General Contractors bid of $105,655.18 for 2003 street paving. Motion carried 6-0. (Scafella Absent).



Item No. 6:

Also, on May 14, 2003, a bid was received for the Rental of Uniforms for the Public Works Department. Cintas submitted a bid for $16,909.36 annually for a two year contract. The memo with the Public Works Director's recommendation is the last attachment.



Motion by Merow, second by Bane, to approve a rental uniform contract with Cintas for 2 years. Motion carried 6-0. (Scafella Absent).

CITY CLERK'S REPORT:



Absent.

CITY ATTORNEY'S REPORT:



No Report.

REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane commented on police timing about speeding and White Park, Dorsey Avenue trash, and people interested in a trash commission. Councilor Bane noted 3 Dorsey Avenue drains still need work for safety.



Councilor Manilla: Councilor Manilla showed graffiti pictures, noted 2 graffiti artists caught and mentioned the Kirk and High crosswalk not in place yet. Councilor Manilla offered a newspaper article with suggestions for code enforcement inspections and requested the status of trash and cinder cleanup and the WVU hangar at the airport.



City Manager Boroff noted the street sweeper is running 2 shifts every day, BFI has additional trucks out and Public Works is putting together a crew to help, and hangar negotiations are ongoing.



Councilor Scafella: Absent.



Councilor Miller: Councilor Miller asked if trash beside dumpsters is BFI's responsibility and stated she delivered the proclamation to Nicky Giovanni Saturday.



City Manager Boroff replied that trash stacked beside a dumpster is the tenant's or landlord's responsibility.



Councilor Byrne: Councilor Byrne responded to Mr. Cohen's previous concerns and CD's are available at the Library and help is available at the desk. Councilor Byrne asked if BFI has additional trucks in other areas and reiterated the importance of transportation, schools and appearance.



Motion by Byrne, second by Miller, to authorize the City Manager to send a letter from Council on behalf of Deckers Creek. Motion carried 6-0. (Scafella Absent).



Councilor Merow: Councilor Merow expressed sympathy that Dave Clawges passed away and is impressed by the work of Barbara Rasmussen and Janie Ives on the Historic Landmarks Commission and Janie's monthly City Hall calendars. Councilor Merow mentioned concerns with City Hall windows, responsible maintenance for other City buildings, concerns about the proposed power plant, and the Ethics Commission and agendas.

Mayor Justice: Mayor Justice noted BOPARC will send letters to softball teams about drinking, graffiti under bridges needs to be cleaned up, future meetings, and the recent WV Supreme Court ruling on the Economic Development Grant Committee. Mayor Justice asked for phone calls to state legislators for requesting new legislation of member appointments at the June special session.



Mayor Justice announced a brief recess before going into Executive Session. Time 9:12p.m.



EXECUTIVE SESSION:



Motion by Bane, second by Manilla, to go into executive session pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Ron Justice, Council Members and City Manager Boroff. Time 9:20p.m.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:32p.m.







_____________________________ __________________________________

City Clerk Mayor



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