REGULAR MEETING DECEMBER 6, 2005:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, December 6, 2005, at 7:40 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, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer.

The meeting was called to order by the Mayor. Boy Scout Troop 65 led the Pledge of Allegiance.

APPROVAL OF MINUTES: Minutes from the regular meeting on November 15, 2005, were approved as printed.

CORRESPONDENCE:

Mayor Justice read and presented a plaque to outgoing City Planner Jim Wood. City Manager Boroff introduced Bob Hammel as the new Airport Director and Chris Fletcher as the new City Planner. Mayor Justice summarized a Bartlett House budget request; congratulated the MHS football team as state champions and Christmas parade participants; and requested review of budget goals and priorities at COW.

PUBLIC HEARING:

PUBLIC HEARING - AN ORDINANCE ADOPTING A 350 FOOT UNNAMED ALLEY IN 4^TH WARD INTO THE CITY STREET SYSTEM:

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 THE PERSONNEL RULES FOR CIVIL SERVICE VACATION LEAVE:

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 ADOPTING A 350 FOOT UNNAMED ALLEY IN 4^TH WARD INTO THE CITY STREET SYSTEM: The following entitled Ordinance was presented for second reading.

AN ORDINANCE ADOPTING A 350 FOOT LONG UNNAMED ALLEY INTO THE CITY OF MORGANTOWN'S STREET SYSTEM FOR PURPOSES OF PUBLIC MAINTENANCE AND CONTROL, IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.

Motion by Scafella, second by Miller, to adopt the above Ordinance. Motion carried 7-0.

AN ORDINANCE AMENDING THE PERSONNEL RULES FOR CIVIL SERVICE VACATION LEAVE: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING SECTION V-3 OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO VACATION LEAVE FOR REGULAR FULL-TIME CIVIL SERVICE EMPLOYEES OF THE CITY.

Motion by Miller, second by Manilla, to adopt the above Ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

By acclamation, Marlene Robinson was appointed to the Morgantown Utility Board.

PUBLIC PORTION:

Mark Furfari, 313 Maple Avenue, spoke in favor of the changes to the private clubs regulations and that the changes should be consistent across the city.

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

SPECIAL COMMITTEE REPORTS:

Mayor Justice mentioned the Solid Waste Task Force meeting was canceled.

NEW BUSINESS:

AN ORDINANCE AMENDING WATER SERVICE FEES AND CHARGES: The following entitled Ordinance was presented for Council's approval.

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

The rules were suspended to allow Jim Green to answer questions. After discussion, motion by Miller, second by Bane, to pass the above Ordinance to second reading. Motion carried 6-1. (Spencer voted NO.)

AN ORDINANCE AMENDING SEWER SERVICE FEES AND CHARGES: The following entitled Ordinance was presented for Council's approval.

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

After discussion, motion by Scafella, second by Byrne, to pass the above Ordinance to second reading. Motion carried 6-1. (Spencer voted NO.)

AN ORDINANCE AMENDING CHAPTER 5, PART 13 OF THE ZONING ORDINANCE: The following entitled Ordinance was presented for Council's approval.

AN ORDINANCE AMENDING CHAPTER 5, PART 13, OF THE PLANNING AND ZONING ORDINANCE OF THE MORGANTOWN CITY CODE.

After discussion, motion by Miller, second by Byrne, to pass the above Ordinance to second reading. City Manager Boroff presented a minor amendment from the City Planner. Motion by Scafella, second by Byrne, to pass the minor amendment. Motion carried 7-0. After discussion, motion by Spencer, second by Bane, to pass the zoning ordinance map amendment. Motion carried 5-2. (Bane and Scafella voted NO.) Main motion carried 7-0.

AN ORDINANCE AUTHORIZING A LEASE WITH ASSOCIATED PRESS FOR OFFICE SPACE AT THE AIRPORT: The following entitled Ordinance was presented for Council's approval.

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 Scafella, second by Miller, to pass the above Ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AMENDING SECTION 19(E)(2), PRIVATE CLUBS REGULATIONS: The following entitled Ordinance was presented for Council's approval.

AN ORDINANCE AMENDING SECTION 19(E)(2), AS THE SAME APPLIES TO PRIVATE CLUBS REGULATIONS.

After discussion, motion by Byrne, second by Miller, to pass the above Ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF A RESOLUTION APPLYING FOR A $100,000 GRANT FROM THE WEST VIRGINIA LAND AND WATER CONSERVATION FUND TO IMPROVE RECREATION AT DORSEY'S KNOB PARK: The above entitled Resolution was presented for Council's approval.

After discussion, motion by Scafella, second by Bane, to approve the above Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

During budget sessions earlier this year, Council set aside funds for a $50 Christmas Bonus to be awarded to City employees. If Council would like to pursue this action, approval would be appropriate at this time.

After discussion, motion by Scafella, second by Byrne, to award a $50 Annual Holiday Bonus to City employees. Motion carried 7-0.

Item No. 2:

Attached you will find a memo from the Assistant City Manager reporting the selection process for the design engineering of the Phase II High Street Streetscape Project. I concur with his comments and recommend that the work be awarded to E. G. & G., Inc. for a fee of $101,755 (this is the firm that designed Phase I).

After discussion, motion by Byrne, second by Miller, to award the contract for the design of Phase II to E. G. & G. for $101,755. Motion carried 7-0.

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane thanked Jim Wood for his service and congratulated MHS on State Championship and WVU for Sugar Bowl bid.

Councilor Manilla: Councilor Manilla noted Chief Scott's talk at the SPAN meeting and congratulated MHS on State Championship and WVU for Sugar Bowl bid.

Councilor Scafella: Councilor Scafella spoke of the long zoning ordinance process and thanked Jim Wood, Teresa Miller, Planning Commission and everyone involved.

Councilor Miller: Councilor Miller thanked Jim Wood for his service and commented on the death of Rev. Bill Turley.

Councilor Byrne: Councilor Byrne thanked Jim Wood for his service and work with Sunnyside Up; requested status reports on the DOH and Greer Limestone meeting and air service in January and February; asked for city-wide application of 60/40% for restaurants and discussed the Friends of Deckers Creek presentation at the COW.

City Manager Boroff responded that the meeting is the 21^st, and they are still negotiating the existing air service but there will be no period of non-service.

City Attorney Fanok replied the 60/40% is for all conditional use restaurant/private clubs.

Councilor Spencer: Councilor Spencer expressed appreciation for Jim Wood and his work and also the City Manager; discussed further planning goals; remarked on the new Airport Director; thanked Chuck Keener; spoke of airport standards; commented about the High Street BIDs and congratulated MHS and WVU.

Mayor Justice: Mayor Justice thanked Woodburn parents for the cookies; thanked M-Tech for the luncheon; advised of future meetings and events; gave the Muncie, IN, city handbook to the City Manager; asserted that our airport is very good compared to others and mentioned seeing the traffic at dusk from the air.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:20 p.m.

_____________________________ __________________________________

City Clerk Mayor

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