REGULAR MEETING SEPTEMBER 3, 2002:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 3, 2002, 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 Councilmembers Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Florence Merow.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on August 20, 2002, were approved as printed.



CORRESPONDENCE:



Mayor Justice welcomed the WVU Political Science Class to the meeting.



Mayor Justice read a proclamation observing September 6 through September 17, 2002, as

American Character Days.



Mayor Justice mentioned a letter from Dr. Bill MacDonald, Chair of the Beautification Commission, thanking Council and City Administration for cards and flowers during his recovery from surgery.



Mark Wise, BOPARC Director, thanked Council and City Administration for their outstanding support for the Grand Opening and Dedication Ceremonies of Hazel Ruby McQuain Park and Amphitheater. Mr. Wise also informed Council that BOPARC will manage and take full responsibility of Hazel Ruby McQuain Park and Amphitheater, as well as Deckers Creek and Caperton Trails.



Councilor Merow thanked Mark Wise and BOPARC for all the hard work for their events.



Councilor Miller also thanked BOPARC and commented on the clean up after events.



Mayor Justice thanked BOPARC and Councilor Scafella for serving on the BOPARC Board.

PUBLIC HEARING-AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE:



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 hearing closed.

PUBLIC HEARING-AN ORDINANCE ANNEXING 69.03 ACRES INTO THE CITY:

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 hearing closed.



UNFINISHED BUSINESS:



AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled Ordinance was presented for second reading:



AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE.



Motion by Merow, second by Scafella, to approve the above entitled ordinance. Motion carried 7-0.



AN ORDINANCE ANNEXING 69.03 ACRES INTO THE CITY: The following entitled Ordinance was presented for second reading:



AN ORDINANCE PROVIDING FOR THE ANNEXATION OF 69.03 ACRES INTO THE CITY OF MORGANTOWN.



After discussion, motion by Manilla, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:



By acclamation Rosalie Hegner was reappointed to serve on the Personnel Board for another three year term.



PUBLIC PORTION:



Cindy Frich, Publicity Chair, spoke about the Mason-Dixon Festival and invited Council and the public.



SPECIAL COMMITTEE REPORTS:



No reports.

NEW BUSINESS:



AN ORDINANCE AMENDING SECTION 165.01 CITIZENS ADVISORY COMMITTEE: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AMENDING SECTION 165.01 OF THE MORGANTOWN CITY CODE AS THE SAME APPLIES TO THE CITIZENS ADVISORY COMMITTEE, AND INCREASING THE NUMBER OF MEMBERS TO THAT COMMITTEE.

After discussion, motion by Manilla, second by Merow, to pass the above entitled ordinance to second reading. Motion carried 7-0.

A RESOLUTION TO AUTHORIZE EXECUTION OF A GRANT AGREEMENT FOR THE FUNDING OF POLICE DEPARTMENT EQUIPMENT : The above entitled Resolution was presented for Council's approval:



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



CITY MANAGERS REPORT:



INFORMATION:



Item No 1:

The City has recently received the actuarial reports for the Police and Fire Department Pension Programs for the year ending June 30, 2001. As you know these programs are defined by State law in terms of benefits, contributions, investments, and all matters of administration. As documented in previous years, both of the City's programs are dangerously underfunded as per the affects of State law. Ideally these programs should be 100% funded. 80% is acceptable. The Police Program though is only 47% funded and the Fire Program is 23%. Collectively there is a $15,987,000 shortfall from the 80% mark. As bad as this is in Morgantown, the situation is even worse in other WV Cities governed by the same pension laws-some are at or near 0% funding. Morgantown continues to work to improve the status of these funds, but it is increasingly obvious that the State law directing them must be changed. Cities need to contribute more dollars as an employer, but employees and the State must shoulder part of the burden as well. The defined benefits for new hires have to be adjusted also. As this situation continues, I will keep you advised.



Item No. 2:

Adelphia Cable TV has recently informed the City that effective September, 2002, it will be raising its rates on its higher tier services. The Broadcast Service rate will remain $12.50 per month. Other TV services will increase $1 and $2 per month.



NEW BUSINESS:



Item No. 1:

The Federal Aviation Administration has notified the City that it is awarding Morgantown $2,113,546 in grant funds for Terminal Security Equipment, Design of the Runway Safety Area, and to complete the construction of Taxiway A Extension. This award speaks well of the continuing investments and improvements at the Morgantown Airport and the success of the Airport Director in capturing FAA discretionary funding. To employ these new grant funds in a timely way, I recommend that the City Manager be authorized to sign the attached Grant Contract.



Motion by Merow, second by Bane to authorize the City Manager to sign the Grant Contract from the Federal Aviation for $2,113,546 for Terminal Security Equipment, Design of the Runway Safety Area, and to complete Taxiway A Extension. Motion carried 7-0.



CITY CLERK'S REPORT:



No Report.

STAFF ATTORNEY'S REPORT:



No Report.



REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane asked for a progress report on Brockway Avenue.



City Manager Boroff updated Council.



Councilor Bane asked when the Main Street Economic Development meeting would be, thanked BOPARC and noted the Beechurst traffic flow with police help.



Councilor Manilla: Councilor Manilla requested a change in zoning about parking in front yards, especially S. Walnut and S. High Streets.



Councilors Scafella and Miller agreed and have talked to the City Planner.



Councilor Manilla gave a reminder about the dog ordinance.



Councilor Scafella: Councilor Scafella reflected that the riverfront happened by looking forward, that disagreement is part of the process, and resources and leadership are needed for new facilities. Councilor Scafella noted the Airport is providing the infrastructure and the Hart Field Coalition should bring in new business to the airport. Councilor Scafella will ask the Traffic Commission for a blinker light and mirror on Protzman Street.



Councilor Miller: Councilor Miller commented on the 5 day garbage pickup notice.



City Manager Boroff responded that a general letter, with specifics, was sent to all landlords.



Councilor Miller asked if legislators would be at the COW.



Councilor Byrne: Councilor Byrne asked for a South Point update.



City Manager Boroff replied they are waiting on the analysis of core samples.



Councilor Byrne commended the City for resolving a street issue, complimented BOPARC and City employees for making the Riverfront Park beautiful and called for a similar kind of initiative for Sunnyside.



Councilor Merow: Councilor Merow reflected on the Sunnyside task force years ago, commented on BOPARC events and suggested an agreement for keeping the trees across the river from the park. Councilor Merow asked when the Fire and Police safety plans would be out.



City Manager Boroff replied that a memo summarizing plans for the buildings had been forwarded to Council.



Councilor Merow commended the Riverfront Park restrooms but asked for a railing where the bank is still steep, noted the Walnut Street entrance is so dark and requested flashing lights on Van Voorhis for speeding.

City Manager Boroff responded that there is a search for matching grant funds to street-scape the entrance.



Mayor Justice: Mayor Justice listed upcoming events and meetings and remarked that the Symphony was a special night

for the City and thanked everyone involved.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:26 p.m.







_____________________________ __________________________________

City Clerk Mayor







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