REGULAR MEETING JUNE 1, 2004:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 1, 2004, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. 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 regular meeting on May 18, 2004, were approved as printed.



CORRESPONDENCE:



Mayor Justice read and presented proclamations for the Special Olympics Summer Games and the WV WHAM Semi-Pro Football Team, and summarized James Craig's letter on Sunnyside rezoning plans.



Councilor Miller read Ben Taylor's letter about hot dog vendors.

PUBLIC HEARING-AN ORDINANCE AMENDING FY 2003-2004 GENERAL FUND BUDGET:



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



Robert Flowers, 100 Ridgely Road, questioned why the windfall of $890,000 was not in the budget.



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

UNFINISHED BUSINESS:



AN ORDINANCE AMENDING FY 2003-2004 GENERAL FUND BUDGET: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING THE FY 2003-2004 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 Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.



BOARDS AND COMMISSIONS:



By acclamation, Rocky Gianola was reappointed to the Fire Civil Service Commission and Donna West, Steve Carpenter, and William Ryan were reappointed to the Ward & Boundary Commission.





PUBLIC PORTION:



Peggy Pings, National Park Service, gave an overview of the three goals of the Art Barge Project.



Sarah Gerichten, Project Coordinator, spoke of the three phases of the Art Barge Project.



Robert Flowers, 100 Ridgely Road, commented on MUB raising the water and sewer rates.



Frank Stafford, 440 Hite Street, asked for help with junk cars and rats around a house on Madison Avenue.



Josh Woodall, 288 Spring Street, addressed trash pickup being 3 days late with no notice.



SPECIAL COMMITTEE REPORTS:



Councilor Spencer reported the Solid Waste Task Force is asking for recycling in the downtown area to be on the June COW and asked for a report on the Garlow House event. Councilor Byrne replied that he will report back to Council after the Library Board meeting.



EXECUTIVE SESSION:



Motion by Scafella, second by Miller, 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 and Council Members. Time 8:10 p.m. Council went back into regular session at 8:20 p.m.



NEW BUSINESS:



AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR FY 2004-2005: The following entitled Ordinance was presented for first reading:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2004-2005.



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

AN ORDINANCE AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL, AND HAZARDOUS DUTY PAY: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.



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



AN ORDINANCE AMENDING SECTION 927.01 FOR WATER RATES: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 927.01 OF THE MORGANTOWN CITY CODE AS THE SAME RELATES TO SCHEDULE OF WATER RATES.



After discussion, motion by Scafella, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 5-2. (Bane and Spencer voted NO).



AN ORDINANCE AMENDING SECTION 925.03 FOR SANITARY SEWER SERVICE RATES: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 925.03 OF THE MORGANTOWN CITY CODE AS THE SAME RELATES TO SCHEDULE OF SANITARY SEWER SERVICE RATES.



After discussion, motion by Miller, second by Byrne, to pass the above entitled Ordinance to second reading. Motion carried 5-2. (Bane and Spencer voted NO).



AN ORDINANCE AUTHORIZING A PURCHASE OF REALTY FROM PLATINUM PROPERTIES, LLC: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE REALTY FROM PLATINUM PROPERTIES LIMITED LIABILITY COMPANY; SAID REALTY CONSISTING OF LOT NO. 3B3 OF WATERFRONT PLACE COMPLEX, AS SHOWN IN MONONGALIA COUNTY MAP CABINET NO, D, ENVELOPE NO. 14-B IN THE FIRST WARD OF THE CITY OF MORGANTOWN.



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



AN ORDINANCE AMENDING SECTION 361.09 OF THE TRAFFIC CODE FOR VENDOR VEHICLE PARKING: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 361.09 OF THE TRAFFIC CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO WHEN A VEHICLE PARKED IN THE BUSINESS OR CONGESTED DISTRICT OF THE CITY MAY SELL PRODUCE OR MERCHANDISE THERE FROM.



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



CITY MANAGERS REPORT:



NEW BUSINESS:



Item No. 1:

As discussed at the Committee of the Whole, I recommend that the City apply for Homeland Security Funds to acquire a $300,000 Urban Rescue Vehicle as per the attached specifications. If authorized and approved, the funds could be available July 1, 2004.



After discussion, motion by Bane, second by Manilla, to apply for the grant to acquire a $300,000 Urban Rescue Vehicle. Motion carried 7-0.

Item No. 2:

BOPARC requests $15,400 in Capital Escrow Funds (request attached) to help open Dorsey's Knob later this year. The City Public Works Department and Airport will also be assisting. Given the great benefits of this initiative, I recommend that the request be approved.



After discussion, motion by Scafella, second by Spencer, to approve the BOPARC request for $15,400. Motion carried 7-0.



Item No. 3:

I regret to inform you of a letter from the Morgantown Police Chief Bob Lucci announcing his retirement from the City Police Department effective July 2, 2004. I cannot begin to describe the service that Chief Lucci has rendered to the people and citizens of Morgantown over his thirty plus year career. In particular, as Chief of Police, what he has accomplished with his leadership and commitment to Morgantown. With that said, the search for his replacement will begin immediately.



CITY CLERK'S REPORT:



No Report.

CITY ATTORNEY'S REPORT:



No Report.



REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane received a phone call about cracking of the sidewalk and curb on Madison Avenue and has gotten calls about the progress of the skate park.



Councilor Manilla: Councilor Manilla endorsed the WV WHAM as family entertainment and they play at Morgantown High School.



Councilor Scafella: Councilor Scafella reported the skate park is moving along according to the weather and the slab is about to be laid. Councilor Scafella reported requests: gravel or widen section of Raymond Street where broken away; speed bumps on Highland; parking on yellow lines and have yellow lines in front of residents' steps on Raymond and other streets; and enforcement of the noise ordinance for parties.



Councilor Miller: Councilor Miller gave a reminder that trash and recycling issues will be on the June COW.



Councilor Byrne: Councilor Byrne requested support for the Special Olympics opening Friday night.



Councilor Spencer: Councilor Spencer gave a reminder of the City-Neighborhood Services Program, commented on stormwater in the city and the Boards and Commissions Resolution, and suggested interviewing all candidates for all boards and commissions, even those for which public interviews are not required, when there is more than one applicant for the vacancy.

Mayor Justice: Mayor Justice noted that August1 is the goal for the skate park to be finished, gave kudos to several different brochures and listed BOPARC events.



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

9:40 p.m.







_____________________________ __________________________________

City Clerk Mayor



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