REGULAR MEETING MAY 17, 2005:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 17, 2005, at 7:30 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 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 Canvassing on May 2, 2005, were approved as printed. Minutes of the regular meeting on May 3, 2005, were approved as corrected.



CORRESPONDENCE:



Mayor Justice read a letter from Governor Manchin and a proclamation for Police Week and presented it to Chief Scott. Councilor Spencer read the Rachel Carson Day proclamation. Mayor Justice read the National Bicycle Greenway Day proclamation and announced the Youth Commission Special Meeting, an Airport Tour, the Annual Main Street meeting, the Bicycle celebration, and BOPARC needs lifeguards.



PUBLIC HEARING-AN ORDINANCE ENACTING ARTICLE 930 AS THE SAME APPLIES TO CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION:



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.



UNFINISHED BUSINESS:



AN ORDINANCE ENACTING ARTICLE 930 AS THE SAME APPLIES TO CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION: The following entitled Ordinance was presented for second reading.

AN ORDINANCE ENACTING ARTICLE 930 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION RULES AND REGULATIONS TO PROTECT THE PUBLIC POTABLE WATER SUPPLY OF THE CITY OF MORGANTOWN.



Motion by Byrne, second by Miller, to adopt the above Ordinance. Motion carried 7-0.



BOARDS AND COMMISSIONS:



By acclamation, Toni Antonini was appointed to serve on the Historic Landmarks Commission and the new members were appointed to the Youth Commission. The official Oaths for the Youth Commission will be on May 31, 2005, at the Metropolitan Theatre at 6:30 p.m.





PUBLIC PORTION:



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



SPECIAL COMMITTEE REPORTS:



Councilor Manilla gave an update on the permit review process.



NEW BUSINESS:



APPROVAL of FIRST READING of AN ORDINANCE AMENDING THE FY 2004-2005 ANNUAL BUDGET: The following entitled Ordinance was presented for Council's approval.



AN ORDINANCE AMENDING THE FY 2004-2005 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.

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



APPROVAL OF A RESOLUTION TO APPLY FOR AND ADMINISTER THE GOVERNOR'S COMMUNITY PARTNERSHIP GRANT FUNDS OF $10,000 FOR MAIN STREET MORGANTOWN: The above entitled Resolution was presented for Council's approval:



Motion by Byrne, second by Miller, to approve the above entitled Resolution to apply for and administer grant funds of $10,000 for Main Street Morgantown. Motion carried 7-0.



CITY MANAGERS REPORT:



NEW BUSINESS:



Item No. 1:

Attached you will find the proposed License Agreement between the Monongahela River Trails Conservancy and the Morgantown Board of Parks and Recreation Commission for the latter to maintain the area rail trail system. Based upon the importance of the trails to the City of Morgantown, I recommend that the agreement be approved with an amendment to Section III (It is further understood that the new, nine member MRTC governing body will completely replace the existing MRTC governing body) and the $20,000 contribution from the City be granted.



After discussion, motion by Miller, second by Scafella, to approve the License Agreement and grant the $20,000 contribution. Motion carried 6-0. (Byrne Absent.) By acclamation, Councilor Manilla was appointed to the MRTC Board.

Item No. 2:

The second attachment is a memo from the Public Works Director reporting bid results for the Upper High Street Streetscape Project. I agree with her comments and recommend that the project be rebid.



After discussion, motion by Scafella, second by Miller, to rebid the Project. Motion carried 6-0. (Byrne Absent.)





CITY CLERK'S REPORT:



No Report.



CITY ATTORNEY'S REPORT:



No Report.



REPORT FROM COUNCIL MEMBERS:



Councilor Bane: Councilor Bane asked about the Gateways to the City.



City Manager Boroff gave an update.



Councilor Bane discussed Dorsey Avenue and Hite Street problems: pavement, drain drops, retaining wall, Dominion Hope repair mess; reported hedge and pot hole problems in an alley; and questioned smoking at Skate Park.



Mayor Justice asked Assistant City Manager Mikorski to explain the Request Partner Tracking System.

Councilor Manilla: Councilor Manilla warned of left turn problem from Prairie at new Hurley Street light.



Councilor Scafella: Councilor Scafella remarked on the trash situation and the Wiles Hill fund-raising committee.



City Manager Boroff summarized the trash situation and complimented BFI, Police, and Public Works.



Councilor Miller: Councilor Miller requested outlawing fund-raising along Patteson Drive.



City Attorney Fanok requested time for legal research.



Councilor Byrne: Absent.



Councilor Spencer: Councilor Spencer commented on death of Geraldine Belmear; a public radio program on area growth; Fort Martin air quality rating; pooper-scooper neglect letter; controls over state roads; questions about Blue & Gold Mine, crosswalk improvements, front yard parking, and solid waste task force.

Mayor Justice: Mayor Justice reported on the Dorsey Knob and McQuain Park signs, the Blue & Gold Mine Sale, the Belmears as community leaders, and the solid waste task force; listed future meetings and events; thanked Councilor Scafella for Wiles Hill Project work; listed GMTC request amounts; announced speeding enforcement by ballfields in 1st Ward; and gave a Dorsey's Knob update.



EXECUTIVE SESSION: Motion by Scafella, second by Bane, to go into an executive session pursuant to Section 6-9A-4-6 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Ron Justice, Council Members and City Manager. Time 9:04 p.m.





ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:25

p.m.



_____________________________ __________________________________

City Clerk Mayor



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