REGULAR MEETING DECEMBER 20, 2005:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, December 20, 2005, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, 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 regular meeting on December 6, 2005, were approved as amended.

CORRESPONDENCE:

Governor Manchin's proclamation for USS West Virginia Day was read by Veterans Post 548. Mayor Justice summarized the MHS Championship Day proclamation and observed there will not be an MPO meeting.

PUBLIC HEARING:

PUBLIC HEARING - AN ORDINANCE AMENDING WATER SERVICE FEES AND CHARGES:

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 SEWER SERVICE FEES AND CHARGES:

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 A LEASE WITH ASSOCIATED PRESS FOR OFFICE SPACE AT THE AIRPORT:

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 WATER SERVICE FEES AND CHARGES: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING ARTICLE 927.01 OF THE MORGANTOWN CITY CODE AND SETTING FEES AND CHARGES FOR THE PROVISION OF WATER SERVICE.

After discussion, motion by Byrne, second by Bane, to adopt the above Ordinance. Motion carried 5-1. (Spencer voted NO, Scafella Absent.)

AN ORDINANCE AMENDING SEWER SERVICE FEES AND CHARGES: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING ARTICLE 925.03 OF THE MORGANTOWN CITY CODE AND SETTING FEES AND CHARGES FOR THE PROVISION OF SEWER SERVICE.

Motion by Miller, second by Byrne, to adopt the above Ordinance. Motion carried 5-1. (Spencer voted NO, Scafella Absent.)

AN ORDINANCE AUTHORIZING A LEASE WITH ASSOCIATED PRESS FOR OFFICE SPACE AT THE AIRPORT: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE ASSOCIATED PRESS (LESSEE) AS IT PERTAINS TO THE ASSOCIATED PRESS LEASING OFFICE SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT.

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

BOARDS AND COMMISSIONS:

There was no business.

PUBLIC PORTION:

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

SPECIAL COMMITTEE REPORTS:

Mayor Justice gave an update on the Solid Waste Task Force.

NEW BUSINESS:

AN ORDINANCE LEASING AREAS OF THE METROPOLITAN THEATER TO WILLIAM A. BONFILI FOR BILLIARD PARLOR PURPOSES: The following entitled Ordinance was presented for Council's approval.

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.

Removed from the agenda for legal purposes.

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WESTOVER FOR 2006 STREET PAVING: The following entitled Ordinance was presented for Council's approval.

AN ORDINANCE, BY THE CITY OF MORGANTOWN, AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL 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.

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

AN ORDINANCE AMENDING THE FY 2005-2006 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND.

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.

After explanation by the City Manager, motion by Spencer, second by Bane, to pass the above Ordinance to second reading. Motion carried 6-0. (Scafella Absent.)

CONSIDERATION OF APPROVAL OF A RESOLUTION APPLYING FOR A $10,000 GRANT FOR MAIN STREET MORGANTOWN TO PROMOTE THE DOWNTOWN WALKING TOUR: The above entitled Resolution was presented for Council's approval.

Motion by Byrne, second by Spencer, to approve the above Resolution. Motion carried 6-0. (Scafella Absent.)

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

Over the past several years, Council has effected a number of small, incremental changes to the City's self-insured health program and promoted an aggressive wellness program. As a result of these initiatives and improved claims history, the City will enjoy a significant rate reduction for the next calendar year. Attached you will find a memo reporting the 10% reduction for that time period and a $301,997 General Fund savings for the balance of this fiscal year. This savings is included in the budget amendment that is part of your current agenda.

NEW BUSINESS:

Item No. 1:

Attached you will find a memo from the Finance Director with copies of the Annual Reports for the fiscal year ended June 30, 2005 for the Morgantown Police and Fire Pension Funds, as required by State law. Given the Finance Director's comments, I recommend that the reports be approved and sent to the WV Treasurer's Office.

Motion by Bane, second by Manilla, to approve the Pension Funds Reports. Motion carried 6-0. (Scafella Absent.)

Item No. 2:

This time each year Council sets the schedule to adopt the City's budget documents for the new fiscal year as per State requirements. To meet these conditions and as per your direction, I recommend the following schedule be adopted:

January 31, 2006: Council reviews the current year goals; establishes City goals and objectives for the new fiscal year; and delivers budget guidance to the City Manager.

February 21, 2006: During the regular Council meeting, the City Manager presents the proposed budgets for 2006-2007.

March 7, 2006: First Reading of the Budget Ordinance.

March 21, 2006: Public Hearing and Second Reading of the Budget Ordinance.

March 22, 2006: The Budget is forwarded to the State Tax Office.

Special Note: Budget Conference Meetings may be scheduled after the proposed Budget is presented.

By acclamation, Council approved the budget schedule.

Item No. 3:

The second attachment is also a memo from the Finance Director regarding Health Plan Renewal Rates. The City currently provides health insurance to all employees and their families after they have worked for six months with the City. Although this may have been a sound requirement when adopted, it is no longer a realistic policy given the cost of this insurance today. The City's objective is to attract the brightest and best employees it can and this policy significantly thwarts that goal. Based upon this consideration, I recommend that health insurance be given to all recent hires and the policy be terminated (health insurance will be granted on the date of employment).

After discussion, motion by Miller, second by Byrne, to add new employees after one month. Motion carried 6-0. (Scafella Absent.)

CITY CLERK'S REPORT:

Happy Holidays.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane said Happy Holidays.

Councilor Manilla: Councilor Manilla questioned lack of code enforcement fines and the dollar amount of fines.

City Manager Boroff observed the judge's discretion for imposing fines.

Councilor Scafella: Absent.

Councilor Miller: Councilor Miller asked for clarification of the power company removing debris from power lines and ResponsePartner replies. Happy Holidays.

Councilor Byrne: Councilor Byrne discussed a Housing Authority program and NLC University Caucus issues; commented on Jim Hunt as President; and wished Merry Christmas and. Happy Holidays.

Councilor Spencer: Councilor Spencer remarked on the information at the NLC Convention; spoke of the traffic signal at Aspen and Collins Ferry and speed reduction; discussed Municipal Legislative Committee issues, the lack of code enforcement fines, concerns with Hot Spot advertising, and community priorities and the budget. Happy Holidays and a great New Year.

City Manager Boroff stated they have twenty days to correct code infractions.

Mayor Justice: Mayor Justice advised of future meetings and events; thanked the Humane Society for cookies, the Senior Center for the luncheon, the people of Morgantown for sharing; and confirmed Council's availability for the January 3rd meeting.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:20 p.m.

_____________________________ __________________________________

City Clerk Mayor

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