REGULAR MEETING AUGUST 7, 2007:

             The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 7, 2007, at 8:00P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, Secretary Donna Roberts, City Attorney Steve Fanok, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Charlie Byrer, Jenny Selin, Bill Byrne, Don Spencer. Linda Little Absent.

             The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on July 17, 2007, were approved as printed.

CORRESPONDENCE: 

             Mayor Justice thanked everyone for the Neighborhood Watch program that Wiles Hill hosted; welcomed audience members; and mentioned the Ashton Estates Association letter. Councilor Byrne summarized a letter about problems with Allied Waste service.

PUBLIC HEARING - AN ORDINANCE AMENDING THE FY 2007-2008 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND:

             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 HEALTH AND SANITATION CODE FOR SURCHARGES TO CITY GARBAGE CUSTOMERS:

             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 THE FY 2007-2008 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AMENDING THE FY 2007-2008 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.

             Motion by Byrne, second by Bane, to adopt the above entitled ordinance. Motion carried 6-0.

             AN ORDINANCE AMENDING HEALTH AND SANITATION CODE FOR SURCHARGES TO CITY GARBAGE CUSTOMERS: The below entitled Ordinance was presented for second reading:

             AN ORDINANCE AMENDING SUBSECTIONS 1139.15(a) AND 1139.15(b) OF THE CITY OF MORGANTOWN HEALTH AND SANITATION CODE AS THE SAME APPLIES TO SURCHARGES APPROVED BY THE WEST VIRGINIA PUBLIC SERVICE COMMISSION AND APPLICABLE TO CITY OF MORGANTOWN GARBAGE CUSTOMERS.

             After discussion, motion by Byrne, second by Spencer, to adopt the above entitled ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

               By acclamation, Bill MacDonald was reappointed to Beautification and Naomi Butler and Rudy Filek were reappointed to the Housing Authority.

PUBLIC PORTION:

             Tom Bloom and Charlene Marshall, Ashton Estates Homeowners Association, expanded on the Association letter about safety at the intersection of Route 73 and Route 119.

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

SPECIAL COMMITTEE REPORTS:

             No Reports.

NEW BUSINESS:

             CONSIDERATION OF APPROVAL OF A SUPPLEMENTAL RESOLUTION PROVIDING AS TO PRINCIPAL AMOUNT, DATE, MATURITY DATE, REDEMPTION PROVISION, INTEREST RATE, INTEREST AND PRINCIPAL PAYMENT DATES, SALE PRICE AND OTHER TERMS OF THE COMBINED UTILITY SYSTEM REVENUE BONDS SERIES 2007 A (WEST VIRGINIA SRF PROGRAM), OF THE CITY OF MORGANTOWN, APPROVING AND RATIFYING A LOAN AGREEMENT RELATING TO SUCH BONDS AND THE SALE AND DELIVERY OF SUCH BONDS TO THE WEST VIRGINIA WATER DEVELOPMENT AUTHORITY; APPROVING THE PURCHASE OF A SURETY BOND FOR THE RESERVE ACCOUNT FOR THE BONDS; DESIGNATING A REGISTRAR, PAYING AGENT AND DEPOSITORY BANK; AND MAKING OTHER PROVISIONS AS TO THE BONDS: The above entitled Resolution was presented for Council’s approval:

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

             CONSIDERATION OF APPROVAL OF A SECOND SUPPLEMENTAL RESOLUTION APPROVING THE PURCHASE OF A SURETY BOND FOR THE SERIES 2007 A BONDS RESERVE ACCOUNT, APPROVING THE EXECUTION AND DELIVERY OF A GUARANTY AGREEMENT, THE SUPPLEMENTATION OF THE ORDINANCE AUTHORIZING THE ORIGINAL ISSUANCE OF THE SERIES 2007 A BONDS AND MAKING OTHER PROVISIONS REQUIRED BY THE PROVIDER OF SUCH SURETY BOND: The above entitled Resolution was presented for Council’s approval:

             Motion by Spencer, second by Bane, to approve the above entitled Resolution. Motion carried 7-0.

             AN ORDINANCE APPROVING A NEW PROJECT PLAN TO BE IMPLEMENTED IN THE FALLING RUN REDEVELOPMENT DISTRICT NO.1, AMENDING THE PREVIOUS PROJECT PLAN: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE APPROVING A NEW PROJECT PLAN TO BE IMPLEMENTED IN THE PREVIOUSLY ESTABLISHED CITY OF MORGANTOWN FALLING RUN REDEVELOPMENT DISTRICT NO.1, AMENDING THE PREVIOUS PROJECT PLAN, AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

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

             AN ORDINANCE AMENDING THE MINIMUM SETBACK REQUIREMENT OF THE B-4NPOD: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE AMENDING ARTICLE 1362.03(A)(4) OF THE PLANNING & ZONING CODE PERTAINING TO THE MINIMUM REAR SETBACK REQUIREMENT IN THE B-4NPOD, B-4 NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT.

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

             AN ORDINANCE ANNULLING 37' OF WARREN STREET IN FIRST WARD: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE ABANDONING AND ANNULLING A THIRTY-SEVEN FEET LONG (MORE OR LESS) AND TWENTY-FIVE FEET WIDE PORTION OF WARREN STREET AT ITS INTERSECTION WITH THE CITY OF MORGANTOWN’S RAILS TO TRAILS REALTY IN THE FIRST WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.

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

             AN ORDINANCE AUTHORIZING AN AIRPORT LEASE WITH RLPT, INC, FOR A COFFEE AND GIFT SHOP CONCESSION BUSINESS: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND RLPT, LLC, dba LIMOUSINES BY A TOUCH OF CLASS, LESSEE, REGARDING FLOOR AREA WITHIN THE MORGANTOWN MUNICIPAL AIRPORT TERMINAL BUILDING FOR USE AS A COFFEE AND GIFT SHOP CONCESSION BUSINESS.

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

             AN ORDINANCE AUTHORIZING AN EASEMENT TO VERIZON IN THE STADIUM LOOP AREA: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE AUTHORIZING THE GRANTING OF AN EASEMENT BY THE CITY OF MORGANTOWN, GRANTOR, TO VERIZON WEST VIRGINIA, INC., GRANTEE, FOR THE PLACEMENT OF POLES AND CABLES UPON AND ACROSS REALTY OWNED BY THE CITY OF MORGANTOWN AND SITUATED WITHIN WHAT IS KNOWN AS THE STADIUM LOOP AREA OF THE CITY OF MORGANTOWN.

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

             AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY TO WVU FOR CHILLED WATER LOOP ACROSS NORTH HIGH AND ALONG PROSPECT STREET: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO GRANT A RIGHT-OF-WAY AND EASEMENT TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS ACROSS NORTH HIGH STREET AND ALONG PARTS OF PROSPECT STREET IN THE CITY OF MORGANTOWN TO CONSTRUCT OR REPLACE LINES FOR THE CHILLED WATER LOOP.

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

             AN ORDINANCE AUTHORIZING A DEED OF ONE PARCEL IN FIRST WARD TO THE MORGANTOWN BUILDING COMMISSION: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO DEED A PARCEL OF REAL ESTATE, OWNED BY IT AND LOCATED IN THE FIRST WARD OF THE CITY, TO THE MORGANTOWN BUILDING COMMISSION.

             After the City Manager’s explanation, motion by Byrne, second by Spencer, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

             AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT WITH WVU FOR TEMPORARY PARKING IN THE STADIUM LOOP: The below entitled Ordinance was presented for first reading:

             AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (GRANTOR) AND THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS (GRANTEE) REGARDING CITY OF MORGANTOWN REALTY LOCATED IN WHAT IS KNOWN AS THE STADIUM LOOP AND WHICH WEST VIRGINIA UNIVERSITY INTENDS TO UTILIZE FOR TEMPORARY VEHICULAR PARKING FOR FACULTY AND STAFF.

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

             APPOINTMENT OF ACTING CITY CLERK:

             After the City Manager’s explanation and discussion, motion by Byrne, second by Bane, to appoint Donna Roberts as Acting City Clerk. Motion carried 7-0.

CITY MANAGERS REPORT:

INFORMATION:

Item No 1:

The Federal Aviation Agency has awarded the City of Morgantown a Capital Improvement Grant of $930,598 for improvements at the City Airport. The grant will fund the following projects: Master Plan Wildlife Study ($62,294); Rehabilitate the South Apron ($467,353); Improve Airport Drainage ($27,826); and Improve the Terminal Building ($373,125). These investments will significantly contribute to the ongoing development of the Airport.

Item No.2:

Governor Manchin recently announced that the City of Morgantown will receive a $200,000 Transportation Enhancement Grant for the next phase of the High Street Improvement Project. With this award, the City will prepare for the Pleasant Street to Kirk Street part of the project.

Item No.3:

Senator Byrd has informed the City that he has included $2,300,000 in a Senate appropriations bill to help fund the Airport Industrial Park Access Road. Although much work remains to be done before this allocation will be part of the Federal Budget, the Senator has significantly advanced this project and continues to work closely with the City of Morgantown.

NEW BUSINESS:

Item No. 1:

Attached you will find a letter from the Morgantown Public Library requesting $1,100 to support the West Virginia Library Association Annual Conference that will be held in Morgantown this October. Given the importance of this meeting and the attendance of Librarians from throughout the State, I recommend that the request be granted.

             Motion by Byrne, second by Manilla, that it be approved. Motion carried 7-0.

Item No. 2:

The second attachment is a memo from the Public Works Director reporting bid results for salt for snow and ice removal this winter. I agree with her findings and recommend that the contract be awarded to the low bidder Cargill Salt for a cost of $48,160.

             After discussion, motion by Byrne, second by Manilla, that we approve $48,160 to Cargill Salt. Motion carried 7-0.

Item No. 3:

The third attachment is a one time request from Arts Monongahela for $5,000 to assist with relocating the organization to new offices and exhibit areas at 201 High Street. Given the increased visibility of the group and the contribution it makes to the larger community, I recommend that the request be granted.

             Motion by Spencer, second by Bane, to move approval. Motion carried 7-0.

Item No. 4:

The fourth attachment is a letter from Mylan Park reporting a very generous offer made by the Hazel Ruby McQuain Charitable Trust to fund a 50,000 sf Multi-purpose Event and Exposition Center at the Park. To facilitate this project, Mylan Park requests that the City of Morgantown and BOPARC agree to be a successor entity responsible for the project should Mylan Park cease operations. Given the significant benefits of this proposed facility for the Greater Morgantown Area, I recommend that the request be granted and the implementing agreement be written for Council’s consideration.

             After discussion, motion by Manilla, second by Bane, to move for approval. Motion carried 7-0.

Item No. 5:

Over the past decade, the Metropolitan Theatre has realized great accomplishment with regard to restoration progress and hosting a broad array of productions, entertainments, and other cultural events. To continue the momentum of these successes; further advance the Theatre’s restoration and use; and based upon the guidance of the Metropolitan Theatre Commission, I recommend that $200,000 be made available for the next phase of development the Marquee Reconstruction Project.

             After discussion, motion by Byrne, second by Bane, to move approval. Motion carried 7-0.

Item No. 6:

The fifth attachment is a memo listing suggested projects for the Capital Escrow Account totaling $412,000. The BOPARC Quality of Life Program; Met Theatre Pledge; New City Hall Escrow Account; City Energy Environment Audit; Parks Speed Hump Program; and the Morgantown Area Youth Services Project are established City priorities and based upon their merits, I recommend that the suggested allocations be made.

             After discussion, motion by Bane, second by Manilla, to move approval. Amendment by Manilla, second by Byrne, to add a $3,000 match for Morgantown Area Youth Services Project fund-raising. Motion carried 7-0. Main Motion carried 7-0.

Item No. 7:

As per Information Item No 1, the last attachment is a memo from the Airport Director reporting bid results for the Airport Capital Improvement Program. I agree with his comments and recommend that one contract be awarded to the low bidder Mountaineer Contractors Inc ($441, 080.50 for the South Apron Rehabilitation Project)–the second contract is still being reviewed.

             Motion by Bane, second by Byrne, to move for approval. Motion carried 7-0.

CITY CLERK'S REPORT:

             No Report.

CITY ATTORNEY'S REPORT:

             No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane:                                                    Councilor Bane asked about traffic plans with WVU starting again.

                                                                              Mayor Justice replied that the State approved police officers at                                                                            intersections and there will be five officers for Move In traffic.                                                                            City Manager Boroff added that the Police Chief is prepared and                                                                           the requested traffic signal study is done.

Councilor Manilla:                                                No Report.

Councilor Byrer:                                                   Councilor Byrer commented on the National Night Out event and the good turnout; and how much more traffic the arteries can handle with PUDs and TIFs.

Councilor Selin:                                                    Councilor Selin remarked on events in town; commended the organizers of the bass tournament and the vintage motorcycle race.

Councilor Byrne:                                                  Councilor Byrne noted downtown was packed Saturday; endorsed alternatives to private cars; defined some problems with “forever” building permits.

Councilor Spencer:                                               Councilor Spencer hopes to have more frequent buses in the future; asserted that the lack of overall planning has caused current infrastructure problems and discussed low tax rates; and announced the Neighborhood Coordinating Council meeting.

Mayor Justice:                                                       Mayor Justice advised of a Sunnyside tour; complimented all the different activities downtown; informed that HGTV is taping Morgantown housing for National Open House; and discussed author Daniel Pink on “growth in stuff”caused by being used to abundance (cars per household example), and different incentives for using public transportation.

EXECUTIVE SESSION: Motion by Manilla, second by Bane, to go into an executive session pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss legal matters under attorney client privilege with the following persons present: Mayor Ron Justice, Council Members, City Manager Dan Boroff, and City Attorney Steve Fanok. Time 9:17 p.m.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:33 p.m.

_____________________________                                  __________________________________

City Clerk                                                                          Mayor

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