REGULAR MEETING MARCH 20, 2007:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, March 20, 2007, at 6:00 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.

APPROVAL OF MINUTES: Minutes from the regular meeting on March 6, 2007, were approved as printed.

CORRESPONDENCE: 

            Captain Bill Graham presented Jason Ganoe’s promotion to Fire Fighter First Class.

PUBLIC HEARING - AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2007-2008:

            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 THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2007-2008: The below entitled Ordinance was presented for second reading:

            AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGANTOWN FOR THE FISCAL YEAR 2007-2008.         

             Motion by Scafella, second by Byrne, to adopt the above entitled ordinance. Amendment by Bane, second by Manilla, to have the property tax increase of $54,000 go to the general contingency fund. Motion carried 7-0. Main motion carried 7-0.

BOARDS AND COMMISSIONS:

            By acclamation, Tim Stranko was appointed to the Planning Commission.

PUBLIC PORTION:

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

SPECIAL COMMITTEE REPORTS:

            Councilor Miller discussed the Planning Commission meeting.

NEW BUSINESS:

            CONSIDERATION OF APPROVAL OF A RESOLUTION STATING THE REASONABLE EXPECTATION OF THE CITY COUNCIL OF THE CITY OF MORGANTOWN TO REIMBURSE THE MORGANTOWN UTILITY BOARD FOR CAPITAL EXPENDITURES IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF STORMWATER SYSTEM FACILITIES AND IMPROVEMENTS MADE PRIOR TO THE ISSUANCE OF TAX-EXEMPT REVENUE BONDS: The above entitled Resolution was presented for Council’s approval:

            After explanation by the City Manager, motion by Byrne, second by Scafella, to approve the above entitled Resolution. Motion carried 7-0.

            CONSIDERATION OF APPROVAL OF A RESOLUTION REQUESTING SUPPORT FOR CONTINUED FEDERAL FUNDING FOR CANCER PROGRAMS: The above entitled Resolution was presented for Council’s approval:

            Motion by Scafella, second by Byrne, to approve the above entitled Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

On March 14, 2007, the County Commission annexed the Super Wal-Mart on US Route 119 South into the City limits of Morgantown. With this action, a significant contribution has been made to the City’s economic base. Wal-Mart is to be complimented and appreciated for their sense of community spirit and engagement.

NEW BUSINESS:

Item No. 1:

The City of Morgantown is eligible to apply for a Cultural Facilities and Capital Resources Grant administered by the West Virginia Commission on the Arts. Given the benefits of this program, I recommend that the City submit an application for $150,000 with a local match of $150,000 for the next phase of restoration work at the Met Theatre (local match available in the Capital Escrow Account).

            Motion by Miller, second by Byrne, to have City staff submit an application for $150,000. Motion carried 7-0.

Item No. 2:

The Friends of Deckers Creek have asked the City to support two, complimenting requests for Federal and State funding of projects to improve the water quality in Deckers Creek. The first is support of Federal Public Law 566 that would allow the Natural Resources Conservation Service to continue studies of the creek and author plans for water quality restoration. The second is support of a West Virginia Department of Environmental Protection grant seeking $200,000 per year for operation and maintenance of a facility to treat the discharge from the Richard mine. Given the merits of these initiatives and the importance of Deckers Creek to the City of Morgantown, I recommend that the request be granted.

            After discussion, motion by Byrne, second by Miller, to authorize the two matters pertaining to water quality. Motion carried 7-0.

Item No. 3:

Attached you will find a proposed engagement letter for Steptoe & Johnson to act as bond counsel for the City of Morgantown and the Morgantown Utility Board to issue approximately $7,000,000 in Revenue Bonds for storm water projects. The proposed, collective fee for this service is $60,000. Based upon the merits of the proposed engagement letter, I recommend that it be approved.

            After discussion, motion by Scafella, second by Miller, to approve Steptoe & Johnson as bond counsel for the stormwater projects. Motion carried 7-0.

CITY CLERK'S REPORT:

            City Clerk Little announced that Walk 100 Miles has started.

CITY ATTORNEY'S REPORT:

            No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane:                                             Councilor Bane questioned the 1994 Downtown Plan and Main Street involvement.

                                                                        Mayor Justice noted the process with the budget just passed.

                                                                        City Manager Boroff explained the differences between                                                                         updating the Downtown Plan and the Comprehensive Plan.

Councilor Manilla:                                         Councilor Manilla asked about the Sabraton sign status and trail signs.

                                                                        City Manager Boroff gave an update on the Sabraton sign and                                                                    will check on the trail signs.

Councilor Scafella:                                         Councilor Scafella gave an optimistic Wiles Hill construction update and asked for Make It Shine at the next regular meeting.

Councilor Miller:                                            Councilor Miller is looking for a 4^th Ward Beautification Commission member.

Councilor Byrne:                                            No Report.

Councilor Spencer:                                         Councilor Spencer requested: Fair Housing and Downtown Planning on the COW agenda, a home rule plan schedule, and a letter to Longview on using the newest technology.

Mayor Justice:                                                Mayor Justice commended Manilla for the nice article, announced future meetings and discussed the COW agenda length.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 6:28 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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