REGULAR MEETING APRIL 3, 2007:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 3, 2007, 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, 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 20, 2007, were approved as printed.

CORRESPONDENCE: 

            Mayor Justice read a Fair Housing Month proclamation. Marissa Travinski, BOPARC, gave an update on the WV Make It Shine Program Project Pride. Councilor Bane requested looking at the intersection of Price and Prospect Streets, although the Traffic Commission has considered it three times.

BOARDS AND COMMISSIONS:

            No Business.

PUBLIC PORTION:

            Louis Birurakis, 435 Cobun Avenue, spoke of new buildings and the sewer system.

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

SPECIAL COMMITTEE REPORTS:

            Councilor Miller congratulated the Don Knotts display by the Museum Commission.

NEW BUSINESS:

            AN ORDINANCE AUTHORIZING $8,500,000 OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2007 A FOR STORMWATER IMPROVEMENTS: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE STORMWATER PORTION OF THE EXISTING PUBLIC COMBINED WATERWORKS, SEWERAGE AND STORMWATER SYSTEM OF THE CITY OF MORGANTOWN AND THE FINANCING OF THE COST, NOT OTHERWISE PROVIDED, THEREOF THROUGH THE ISSUANCE BY THE CITY OF NOT MORE THAN $8,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2007 A (WEST VIRGINIA SRF PROGRAM); PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO THE ISSUANCE OF SUCH BONDS; APPROVING, RATIFYING AND CONFIRMING A LOAN AGREEMENT RELATING TO SUCH BONDS; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING OTHER PROVISIONS RELATING THERETO.

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

            AN ORDINANCE AMENDING PRIOR COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS ORDINANCES TO ADD STORMWATER SYSTEM REVENUES: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING THE PRIOR ORDINANCES OF THE CITY OF MORGANTOWN WHICH AUTHORIZED THE ISSUANCE OF THE CITY’S OUTSTANDING COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 1992, SERIES 1995, SERIES 2000 A, SERIES 2000 B, SERIES 2001 A, AND SERIES 2006 A, IN ORDER TO ADD STORMWATER SYSTEM REVENUES OF THE COMBINED UTILITY SYSTEM OF THE CITY AS A SOURCE OF SECURITY AND REPAYMENT FOR SUCH BONDS.

            After discussion and explanation by Vince Collins, motion by Byrne, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

            AN ORDINANCE AMENDING SECTION 931.01 AS APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING ARTICLE 931, SECTION 931.01 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY AND THE OPERATION AND MANAGEMENT OF THE SAME BY THE MORGANTOWN UTILITY BOARD.

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

            AN ORDINANCE AMENDING SECTION 169.03 AS APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING ARTICLE 169, SECTION 169.03 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO CREATION OF THE MORGANTOWN STORMWATER UTILITY AND THE OPERATION AND MANAGEMENT OF THE SAME BY THE MORGANTOWN UTILITY BOARD.

            Motion by Spencer, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 7-0.     

            AN ORDINANCE AMENDING SECTIONS 929.05 AND 929.06 AS APPLY TO STORMWATER RATES AND FEES: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AMENDING ARTICLE 929, SECTIONS 929.05 AND 929.06, OF THE MORGANTOWN CITY CODE, AS THE SAME APPLY TO STORMWATER MANAGEMENT RATES AND FEES.

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

            AN ORDINANCE GRANTING AN AERIAL EASEMENT TO WVU FOR A PEDESTRIAN BRIDGE ACROSS UNIVERSITY AVENUE IN THIRD WARD: The below entitled Ordinance was presented for first reading:

            AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO GRANT AN AERIAL EASEMENT TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS FOR THE PURPOSE OF WVU CONSTRUCTING A PEDESTRIAN BRIDGE ACROSS UNIVERSITY AVENUE, NEAR WVU’S BUSINESS AND ECONOMICS BUILDING, WITHIN THE THIRD WARD OF THE CITY.

            After the City Manager’s explanation and discussion, motion by Scafella, second by Manilla, to pass the above entitled Ordinance to second reading. Motion carried 7-0.           

            CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $6,333 GRANT FOR MAIN STREET MORGANTOWN TO UPDATE KIOSKS AND BROCHURES: The above entitled Resolution was presented for Council’s approval:

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

CITY MANAGERS REPORT:

INFORMATION:

Item No. 1:

Attached you will find a memo from the Public Works Director reporting a slip adjacent to Stewart Street. As per her comments, the situation is being treated as an emergency and could cost $30,000 to repair. As this work progresses, Council will be kept informed.

Item No. 2:

As way of update on the Downtown Development Plan Project, the following information is provided: $70,000 is available in the Capital Escrow Account to fund the work; the project will be conducted under the supervision of the City’s Planning Office; principal elements will include land use, infrastructure, market/economic factors, and aesthetic/quality of life issues; and the process will include all concerned interests–property owners, merchants, professional services, government agencies, neighborhood associations, developers, WVU, and all other interested parties. In the near future, the Planning Department will seek Requests for Proposals from qualified firms to help effect the Plan. As this project advances, Council will be kept informed.

Item No.3:

The second attachment is a memo from Chief Fetty reporting a successful, Homeland Security grant application for an AMKUS Rescue Tool System complete with power unit. This system is valued at $50,000 and will significantly enhance the Fire Department’s rescue capabilities. The Department and particularly Captain Bill Graham are to be commended for securing this important rescue system for the City.

NEW BUSINESS:

Item No. 1:

The third attachment is a recommendation from the Beautification Commission that the City contract with Biafore Landscaping for the Don Knotts Boulevard median project for an approximate cost of $17,000. A maintenance program will also be made part of the project. Given the importance of improving the appearance of the major entryway to the City, I also recommend that the project be approved.

            After discussion, motion by Byrne, second by Spencer, to approve the issuance of the contract. Motion carried 7-0.

CITY CLERK'S REPORT:

            City Clerk Little announced early voting dates and the Airport is heading the pepperoni roll sale.

CITY ATTORNEY'S REPORT:

            No Report.

REPORT FROM COUNCIL MEMBERS (Reverse Order):

Mayor Justice:                                                Mayor Justice noted the trees are in bloom and the docks are in at McQuain Park; announced the floating fountain has been designed, and advised of future meetings: League of Women Voters, WVU President search, day care forum, and remarked that Council is not paid for COW meetings; suggested limiting COW items and starting at 7:00 p.m.; proposed a tour of the Senior Center; and has gotten noise complaints.

Councilor Spencer:                                         Councilor Spencer discussed Home Rule, the Citizen Survey, and graffiti; and asked about the Block Grant progress.

                                                                        There was much discussion about Home Rule and the Citizen                                                                  Survey among Councilors.

Councilor Byrne:                                            Councilor Byrne suggested informational and policy items at COW; had a request addressing noise violations on Rt. 7; and congratulated the WVU basketball team.

Councilor Miller:                                            Councilor Miller congratulated the WVU basketball team and Jamie Lester for the Jerry West statue.

Councilor Scafella:                                         Councilor Scafella gave an update on the Senior Center.

Councilor Manilla:                                         No Report.

Councilor Bane:                                             Councilor Bane has addressed the Kiwanis Club and mentioned the county Pandemic drill by the Health Department.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:15 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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