REGULAR MEETING JUNE 20, 2006:

            The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 20, 2006, 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 June 6, 2006, were approved as corrected.

CORRESPONDENCE: 

            Mayor Justice announced BOPARC’s Summer Walking Challenge and the approval of the $100,000 Land and Water Grant application for Dorsey’s Knob. Councilor Byrne noted the Sierra Club letter supporting rerouting truck traffic.

PUBLIC HEARING-AN ORDINANCE AMENDING THE STREETS, UTILITIES AND PUBLIC SERVICES CODE AS APPLIES TO RESPONSIBILITY OF KEEPING SIDEWALKS CLEAN:

            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 ARTICLE 181 OF THE ADMINISTRATIVE CODE ESTABLISHING FUNDING FOR THE TEEN COURT PROGRAM:

            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 APPROVING AN EASEMENT FOR THE WVU BOARD OF GOVERNORS TO PLACE TELECOMMUNICATIONS CONDUITS UNDER AND ACROSS RAWLEY AVENUE IN THE 4^TH WARD:

            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 AUTHORIZING A LEASE AGREEMENT WITH WHARF PLACE, LLC REGARDING LAND AT THE AIRPORT FOR CONSTRUCTION OF A HANGAR:

            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 THE FY 2005-2006 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.

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

PUBLIC HEARING-AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR EMPLOYEES FOR FY 2006-2007:

            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 THE PERSONNEL RULES FOR LONGEVITY PAY, SHIFT DIFFERENTIAL, AND HAZARDOUS DUTY PAY:

            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 STREETS, UTILITIES AND PUBLIC SERVICES CODE AS APPLIES TO RESPONSIBILITY OF KEEPING SIDEWALKS CLEAN: The following entitled Ordinance was presented for second reading:           

            AN ORDINANCE AMENDING SECTION 913.03 OF THE STREETS, UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO RESPONSIBILITY OF KEEPING SIDEWALKS CLEAN.

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

            AN ORDINANCE AMENDING ARTICLE 181 OF THE ADMINISTRATIVE CODE ESTABLISHING FUNDING FOR THE TEEN COURT PROGRAM: The following entitled Ordinance was presented for second reading: 

            AN ORDINANCE AMENDING ARTICLE 181 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN BY ENACTING A NEW SECTION 181.21 WHICH ESTABLISHES A MANDATORY MUNICIPAL COURT FEE ASSESSMENT FOR PURPOSES OF FUNDING THE MONONGALIA COUNTY TEEN COURT PROGRAM.

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

            AN ORDINANCE APPROVING AN EASEMENT FOR THE WVU BOARD OF GOVERNORS TO PLACE TELECOMMUNICATIONS CONDUITS UNDER AND ACROSS RAWLEY AVENUE IN THE 4^TH WARD: The following entitled Ordinance was presented for second reading: 

            AN ORDINANCE APPROVING AN EASEMENT BEING GRANTED TO THE WEST VIRGINIA UNIVERSITY BOARD OF GOVERNORS BY THE CITY OF MORGANTOWN FOR THE PLACEMENT OF TELECOMMUNICATIONS CONDUITS UNDER AND ACROSS RAWLEY AVENUE, LOCATED IN THE CITY’S FOURTH WARD.

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

            AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH WHARF PLACE, LLC REGARDING LAND AT THE AIRPORT FOR CONSTRUCTION OF A HANGAR: The following entitled Ordinance was presented for second reading: 

            AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND WHARF PLACE, LLC (LESSEE) REGARDING THE LEASING OF LAND LOCATED AT THE MORGANTOWN MUNICIPAL AIRPORT; TO BE USED FOR THE CONSTRUCTION OF A HANGAR WHICH WILL BE OCCUPIED BY THE LESSEE.

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

            AN ORDINANCE AMENDING THE FY 2005-2006 GENERAL FUND BUDGET: The following entitled Ordinance was presented for second reading: 

            AN ORDINANCE AMENDING THE FY 2005-2006 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 Scafella, second by Spencer, to adopt the above Ordinance. Motion carried 7-0.

            AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR EMPLOYEES FOR FY 2006-2007: The following entitled Ordinance was presented for second reading: 

            AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2006-2007.

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

            AN ORDINANCE AMENDING THE PERSONNEL RULES FOR LONGEVITY PAY, SHIFT DIFFERENTIAL, AND HAZARDOUS DUTY PAY: The following entitled Ordinance was presented for second 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 adopt the above Ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:

            By acclamation, Lyndell Millechia was reappointed to the Library Board and George Papandreas reappointed to the Parking Authority.

PUBLIC PORTION:

            Bill Frame, business owner of 151 Walnut Street, urged banning large coal trucks and requested some accident photos be made a part of the record.

            Dr. Jane Riffe, 112 Euclid Avenue, spoke against truck traffic in downtown and presented more petition signatures.

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

            Mayor Justice noted the DOH will be at the COW to discuss the truck issue and Councilor Byrne requested a full record from the DOH about the Shepherdstown truck traffic situation.

SPECIAL COMMITTEE REPORTS:

            No reports.

NEW BUSINESS:

            CONSIDERATION OF APPROVAL OF A RESOLUTION TO APPLY FOR A $350,000 WV DIVISION OF CULTURE AND HISTORY GRANT TO THE METROPOLITAN THEATER FOR RENOVATION OF LOBBIES, FRONT DOORS, AND BACKSTAGE AREAS: The above entitled Resolution was presented for Council’s approval.

            After discussion, motion by Miller, second by Spencer, to approve the above Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1:

Attached you will find a proposed contract with Alpha Associates, Incorporated for design engineering services to support the Airport Improvement Program (FAA funded capital improvements). The contract is for a three year period at hourly rates quoted in the contract. Based upon FAA requirements for grant funds and Alpha’s expertise and experience, I recommend that the contract be authorized.

            After discussion, motion by Bane, second by Manilla, to approve contract with Alpha Associates for design engineering at the airport. Motion carried 7-0.  

Item No 2:

The second attachment is a request from the Morgantown Area Youth Services Project. With consideration to the merits of the Project and limited funds to support such initiatives, I recommend that the request be approved for $5,000 to be drawn from the capital escrow account.

            Motion by Scafella, second by Byrne, to award $6,000 to the Project instead of $5,000. Motion carried 7-0.

Item No 3:

The last attachment is a request from West Virginia Radio Corporation seeking a Fair Permit to support the 13^th Annual Chicken Wing Cook-Off that will allow controlled beer sales as part of the event. Based upon the merits of this promotion and its successes, I recommend that the request be granted.

            Motion by Miller, second by Scafella, to grant the Fair Permit request. Motion carried 7-0.

CITY CLERK'S REPORT:

            No Report.

CITY ATTORNEY'S REPORT:

            No Report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane:                                             Councilor Bane voiced concerns about the proposed 19-story building downtown.

Councilor Manilla:                                         Councilor Manilla commented on High Street progress and Marilla Park restroom condition.

Councilor Scafella:                                         Councilor Scafella discussed the aluminum deck for the Rock in conjunction with the Historic Landmarks Commission; thanked the Mayor and others for saving the Rock for public use; and observed that Cooper’s Rock is not on the Historical Register because of the fence.

Councilor Miller:                                            Councilor Miller thanked John Martys for speaking to the Evansdale NHA and had requests for a street light at McCullough and Willowdale.

Councilor Byrne:                                            Councilor Byrne commented on a meeting to keep the Home Ownership Project going; WV Property Owners’ Association meeting and building standards committee; MUB delaying construction; the proposed Kane-Core project as revitalizing residential downtown; requested an update on Fayette, Wall, and Forest lighting.

Councilor Spencer:                                         Councilor Spencer demonstrated the crumbly nature of the Rock sandstone; addressed the affordable housing conference; complimented Tim Terman on the River Sweep clean-up; requested more traffic counters for Evansdale and that Paul Brown’s solar house on Grand Street be on tour; questioned parking lane on High Street during construction and use of gel for tree watering retention; and announced the Suncrest NHA meeting.

Mayor Justice:                                                Mayor Justice advised of the Marilla Park restroom status and loitering complaints at McQuain Park and the Rail/Trail and requested more police patrols. Mayor Justice clarified the deck situation at Dorsey’s Knob regarding insurance, safety, deck size and features, and preservation of the Rock. Mayor Justice announced Woodburn neighborhood signs expected cost with installation and had a request to re-establish the local Better Business Bureau.

                                                                        Motion by Scafella, second by Byrne, to approve the City                                                                         Manager working with the Woodburn NHA for purchase and                                                                       installation of signs at a cost of $3,400. Motion carried 7-0.

EXECUTIVE SESSION: Motion by Byrne, second by Scafella, to go into an executive session pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Ron Justice, Council Members, City Manager, Assistant City Manager, and City Attorney. Time 9:05 p.m.

REGULAR SESSION:

Council, by unanimous consent, went back into Regular Session at 9:35 p.m. By acclamation, Sam Loretta was appointed to the Planning Commission.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:36 p.m.

_____________________________                          __________________________________

City Clerk                                                                   Mayor

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