REGULAR MEETING APRIL 19, 2005:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 19, 2005, at 7:40 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok, and Council Members Jim Manilla, Teresa Miller, Bill Byrne, Don Spencer. (Ron Bane & Frank Scafella Absent.)

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the special meeting and the regular meeting on April 5, 2005, were approved as corrected.

CORRESPONDENCE:

Mayor Justice advised of the Skate Park opening and the Master Gardeners downtown basket plantings. Councilor Miller read and presented the Equal Pay Day proclamation to the BPW and Mayor Justice read Days of Remembrance of the Victims of the Holocaust with presentation to Dr. Judith Levy and announced MPO informational meetings and Olivia Grunau offered "Movin' on Up" by the Morgantown Theatre Company.

PUBLIC HEARING-AN ORDINANCE PROVIDING FOR CONVEYANCE OF 3 PARCELS OF REAL ESTATE IN GRANT DISTRICT FROM THE CITY TO THE COUNTY COMMISSION:

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 public portion closed.

PUBLIC HEARING-AN ORDINANCE CREATING ARTICLE 910 ADDRESSING VEHICULAR ACCESS ONTO CITY STREETS:

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 portion closed.

PUBLIC HEARING-AN ORDINANCE LEASING TO MORGANTOWN THEATRE COMPANY CERTAIN AREAS AND FACILITIES AT THE METROPOLITAN THEATRE:

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

Johanna Stewart, 440 Rotary Street, spoke in favor of the lease.

Stratford Douglas, 1024 Snake Hill Road, spoke in support of the ordinance.

John Garlow, Board President, spoke in favor of the ordinance.

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

UNFINISHED BUSINESS:

AN ORDINANCE PROVIDING FOR CONVEYANCE OF 3 PARCELS OF REAL ESTATE IN GRANT DISTRICT FROM THE CITY TO THE COUNTY COMMISSION: The following entitled Ordinance was presented for second reading.

AN ORDINANCE PROVIDING FOR THE CONVEYANCE OF THREE PARCELS OF REAL ESTATE COMPRISING 17 ACRES, MORE OR LESS, LOCATED IN GRANT DISTRICT, MONONGALIA COUNTY, WEST VIRGINIA, FROM THE CITY OF MORGANTOWN TO THE MONONGALIA COUNTY COMMISSION.

After discussion, motion by Byrne, second by Miller, to adopt the above Ordinance. Motion carried 5-0. (Bane and Scafella Absent.)

AN ORDINANCE CREATING ARTICLE 910 ADDRESSING VEHICULAR ACCESS ONTO CITY STREETS: The following entitled Ordinance was presented for second reading.

AN ORDINANCE CREATING AN ARTICLE 910 WITHIN THE CITY OF MORGANTOWN'S STREETS, UTILITIES AND PUBLIC SERVICES CODE WHICH ADDRESSES VEHICULAR ACCESS ONTO CITY STREETS.

After discussion, motion by Byrne, second by Spencer, to adopt the above Ordinance. Motion carried 5-0. (Bane and Scafella Absent.)

AN ORDINANCE LEASING TO MORGANTOWN THEATRE COMPANY CERTAIN AREAS AND FACILITIES AT THE METROPOLITAN THEATRE: The following entitled Ordinance was presented for second reading.

AN ORDINANCE PROVIDING FOR LEASING TO MORGANTOWN THEATRE COMPANY, A NONPROFIT CORPORATION, BY THE CITY OF MORGANTOWN CERTAIN AREAS AND FACILITIES AT THE METROPOLITAN THEATRE FOR THEATRE PURPOSES.

After discussion, motion by Spencer, second by Byrne, to adopt the above Ordinance. Motion carried 5-0. (Bane and Scafella Absent.)

Mayor Justice gave reminders of April 30 events while Morgantown Theatre students left.

BOARDS AND COMMISSIONS:

No Business.

PUBLIC PORTION:

Milton Cohen, 1060 Ross Street, commented on the City Charter and citizen participation.

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

SPECIAL COMMITTEE REPORTS:

No Report.

NEW BUSINESS:

APPROVAL OF THE RATES OF THE LEVY: The following entitled Levy Rates were presented for Council's approval.

THE RATES OF THE LEVY LAID BY THE CITY OF MORGANTOWN AND APPROVED BY THE STATE AUDITOR FOR THE FISCAL YEAR BEGINNING JULY 1, 2005 IN ACCORDANCE WITH CHAPTER 11 ARTICLE 8 OF THE WEST VIRGINIA CODE.

After discussion, motion by Miller, second by Byrne, to pass the above Levy Rates. Motion carried 5-0. (Bane and Scafella Absent.)

RESOLUTION TO AUTHORIZING THE EXECUTION OF THE FY 2005 CDBG GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: The above entitled Resolution was presented for Council's approval.

After discussion, motion by Miller, second by Byrne, to approve the above Resolution. Motion carried 5-0. (Bane and Scafella Absent.)

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

As directed, Adelphia Cable TV was contacted about its potential acquisition by another entity. The company reports that it is still in bankruptcy and its primary objective is to continue to provide quality services. It also reported that there are several companies making inquiries and discussing offers for acquisition, but no commitments have been made. In the next 60 to 90 days this could change. If a sale is realized, the acquiring company will be obligated by the City's franchise agreement with Adelphia for local operations (expires in two years).

Item No. 2:

The City has organized a ribbon cutting ceremony and open house at the new Vehicle Maintenance Facility at the Airport ($910,000 project). The event will be at 2:00 p.m. on April 19, 2005.

NEW:

Item No. 1:

We are treating the slip on Huntington Avenue as an emergency situation, as discussed at previous meetings. You have the bid results to do emergency repairs to the city street. We received two bids and I recommend, under emergency circumstances, that the contract be awarded to BBR Drilling for $63,000. This is also the same company that placed the other retaining wall on Huntington Avenue several years ago. One other footnote to this issue is that, although it is a relatively low bid, it will exhaust the contingency line item in the capital escrow account.

Motion by Spencer, second by Byrne, to approve the contract with BBR Drilling to do the work. Motion carried 5-0. (Bane and Scafella Absent.)

CITY CLERK'S REPORT:

City Clerk Little gave reminders of early voting, Election Day and the COW date change.

CITY ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Absent.

Councilor Manilla: Councilor Manilla requested that any excess money go into paving and sidewalks and discussed May meeting with state legislators and the BOPARC bill.

Councilor Scafella: Absent.

Councilor Miller: Councilor Miller informed that she cannot attend the next COW and inquired about pollworkers.

Councilor Byrne: Councilor Byrne commented on Mr. Cohen's remarks.

Councilor Spencer: Councilor Spencer admired Mr. Cohen's participation; had questions about Boards and Commissions accountability; and commented on new air standards, Willowdale traffic, CO2 detectors, Council pay increase, a BFI compliment, Arbor Day and pedestrian bridge possibility by the Dog Park.

Mayor Justice: Mayor Justice discussed the BOPARC bill and budget digest money status; spoke of Arbor Day and the Dog Park; thanked the Dicky family and noted the new airport building and airport meeting results; and announced future meetings and events.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:10

p.m.

_____________________________ __________________________________

City Clerk Mayor

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