REGULAR MEETING APRIL 16, 2002:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 16, 2002, at 7:30 P.M.

PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant to the City Manager Jeff Mikorski and Councilmembers Ron Bane, Jim Manilla, Teresa Miller, Ron Justice, Florence Merow. (Steve Fanok & Bill Byrne Absent).

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on April 2, 2002, were approved as amended.

CORRESPONDENCE:

Mayor Scafella welcomed the Journalism 215 class and read David McClung's memo about the Purple Heart Association problems.

Councilor Manilla read the National Federation of the Blind of West Virginia's letter of thanks for the Accessible Crossing Signals.

Mayor Scafella read proclamations for Law Day, Arbor Day, National Volunteer Week and Municipal Clerks' Week . Jacque Williams spoke about the legal system and plans for Law Day. Rick Landenberger remarked on local plans for Arbor Day. City Clerk Linda Little recognized Anne Rockenstein and Liz Miranov as Senior volunteers and Mingo Winters, intern, for their volunteer help.

PUBLIC HEARING-AUTHORIZING AN AGREEMENT WITH SOLID WASTE AUTHORITY:

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

There being no appearances or objections, Mayor Scafella declared this hearing closed.

PUBLIC HEARING-ADD A NEW SECTION 351.12 TO THE TRAFFIC CODE PROHIBITING OPERATION OF ALL-TERRAIN VEHICLES:

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

There being no appearances or objections, Mayor Scafella declared this hearing closed.

UNFINISHED BUSINESS:

AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SOLID WASTE AUTHORITY: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY SOLID WASTE AUTHORITY, PERTAINING TO THE SOLID WASTE AUTHORITY'S USE OF CITY REALTY FOR PURPOSES OF OPERATING A RECYCLING FACILITY.

Motion by Merow, second by Justice, to adopt the above entitled ordinance. Motion carried 6-0. (Byrne absent).

AN ORDINANCE ADDING A NEW SECTION 351.12 TO THE TRAFFIC CODE PROHIBITING OPERATION OF ALL-TERRAIN VEHICLES: The following entitled Ordinance was presented for second reading:

AN ORDINANCE ADDING A NEW SECTION 351.12 TO THE TRAFFIC CODE OF THE CITY OF MORGANTOWN PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES AND MOTOR VEHICLES WHICH ARE UNLICENSED BY THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES UPON ALL PUBLIC STREETS, ALLEYS, SIDEWALKS, PARKING LOTS, AND ANY AND ALL CITY OF MORGANTOWN-OWNED, OR OTHERWISE CONTROLLED PROPERTY, WITHIN THE CORPORATE LIMITS OF THE CITY OF MORGANTOWN; AND MAKING SUCH PROHIBITED OPERATION OF ALL TERRAIN VEHICLES AND UNLICENSED MOTOR VEHICLES A MISDEMEANOR CRIMINAL OFFENSE AND PROVIDING FOR SPECIFIC PENALTIES THEREFOR.

After discussion, motion by Justice, second by Merow, to adopt the above entitled Ordinance. Motion carried 6-0. (Byrne absent).

PUBLIC PORTION:

There being no appearances, Mayor Scafella declared this public portion closed.

SPECIAL COMMITTEE REPORTS:

Councilor Justice submitted the draft of the Downtown Task Force Report and a report of the Flag Plaza Project.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF THE RATES OF THE LEVY LAID BY THE CITY OF MORGANTOWN AND THE STATE AUDITOR FOR THE FISCAL YEAR BEGINNING JULY 1, 2002 IN ACCORD WITH CHAPTER 11 ARTICLE 8 OF THE WEST VIRGINIA CODE: The Levy Rates were presented for Council's approval.

Motion by Justice, second by Miller, to approve the rates of the levy laid for the fiscal year beginning July 1, 2002. Motion carried 6-0. (Byrne absent).

CONSIDERATION OF APPROVAL OF A RESOLUTION ACCEPTING THE GRANT AWARD IN THE AMOUNT OF $40,000 FOR THE WEST VIRGINIA MIRACLE SPORTS COMPLEX: The above entitled Resolution was presented for Council's approval:

Motion by Miller, second by Manilla, to adopt the above entitled resolution. Motion carried 6-0. (Byrne absent).

CITY MANAGER'S REPORT:

INFORMATION:

ITEM NO 1:

BOPARC has requested that its 13 employees be included in the City's Health Insurance Program (just like the Library). Based upon the nature of BOPARC's existing program; the negligible costs to the City (based upon actual costs); and that BOPARC employees are also City employees, I recommend that the request be granted. If Council concurs, BOPARC will be charged monthly premiums as follows:

Plan A Plan B

Single $171 $159

Family $441 $403

After discussion, motion by Miller, second by Justice, to include BOPARC employees in the City's Health Insurance Plan. Motion carried 6-0. (Byrne absent)

CITY CLERK'S REPORT:

No Report.

STAFF ATTORNEY'S REPORT:

Absent.

REPORT FROM COUNCIL MEMBERS :

Councilor Bane: Councilor Bane received calls concerning parking by the Tech Center on Parkway Drive. Councilor Bane thanked the Tree Board.

Councilor Manilla: Councilor Manilla reported the Parking Authority has received the draft lease from WVU for the new parking garage.

Councilor Miller: Councilor Miller gave a reminder about Arbor Day activities at Krepps Park and complimented City Clerk Linda Little.

Councilor Justice: Councilor Justice noted upcoming meetings and thanked the media. Councilor Justice also thanked Tiffany and Rebecca, interns from Dr. Leyden's class.

Councilor Byrne: Absent.

Councilor Merow: Councilor Merow commended Ron Justice and commented on a need to meet with the Finance Director about the funding application. Councilor Merow requested new lines on the State-maintained Westover bridge and gave the City Manager copies of bills from the Legislative Service that pertain to cities and counties.

Mayor Scafella: Mayor Scafella welcomed the students again and invited them to return.

EXECUTIVE SESSION:

Councilor Justice motioned to go into executive session, second by Merow, pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Frank Scafella, Councilmembers and Municipal Judge. Time 8:25 p.m.

ADJOURNMENT: At 9:25 p.m. Council went back into Regular Session and there being no further business, the meeting adjourned by unanimous consent.

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City Clerk Mayor

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