REGULAR MEETING JUNE 3, 2008:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 3, 2008 at 7:58 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, Jenny Selin, Don Spencer, Charlie Byrer, Ron Bane and Bill Byrne. Jim Manilla was absent per his resignation from City Council.

The meeting was called to order by Mayor Justice.

APPROVAL OF MINUTES: Minutes from the special meeting on May 20, 2008 were approved as printed.

CORRESPONDENCE: Mayor Justice presented a proclamation to Morgantown citizen Paul Shay for his 100^th birthday. Newly promoted Captain Fire Marshal, Ken Tennant was administered his oath of office and a commemorative City of Morgantown pin.

PUBLIC HEARING- an ordinance repealing article 1149 of the health and sanitation 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 public hearing closed.

PUBLIC HEARING- AN ORDINANCE AMENDING THE FY 2007-2008 ANNUAL 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.

UNFINISHED BUSINESS:

AN ORDINANCE REPEALING 1149 WHICH APPLIES TO PUBLIC NUSANCES: The below entitled Ordinance was presented for second reading:

an ordinance repealing article 1149 of the health and sanitation code of the City of Morgantown, and replacing it with a new article 1149, as the same applies to public nuisances.

Motion by Bane, second by Spencer, to approve the above entitled Ordinance. Motion carried 6-0.

AN ORDINANCE AMENDING THE FY 2007-2008 ANNUAL BUDGET: The below entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING THE FY 2007-2008 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 Byrne, second by Spencer to adopt the above entitled Ordinance. Motion carried 6-0.

BOARDS AND COMMISSIONS: Dr. James Peykanu was appointed by acclamation to the Board of Parks and Recreation Commission. Candidate John Gaddis was appointed by acclamation to the 2^nd Ward City Council seat made vacant by the resignation of Jim Manilla.

NEW BUSINESS:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY EMPLOYEES: The below entitled Ordinance was presented for first reading:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR THE CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2008-2009.

After discussion, motion by Byrne, second by Bane to pass the above entitled Ordinance to second reading. Motion carried 6-0.

AN ORDINANCE AMENDING THE PERSONNEL RULES OF THE CITY OF MORGANTOWN: The below 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 Byrne, second by Byrer to pass the above entitled Ordinance to second reading. Motion carried 6-0.

AN ORDINANCE AMENDING MORGANTOWN CITY CODE: The below entitled Ordinance was presented for first reading:

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

Motion by Bane, second by Byrne to suspend the rules to allow explanation from MUB Director Jim Greene. After discussion, motion by Spencer, second by Byrer to table the above entitled Ordinance. Motion carried 4-2. Bane & Selin voted No.

AN ORDINANCE AMENDING MORGANTOWN CITY CODE: The below entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING ARTICLE 925.01 OF THE MORGANTOWN CITY CODE AS THE SAME RELATES TO SCHEDULE OF SEWER RATES.

After discussion, motion by Byrne, second by Byrer to table the above entitled Ordinance. Motion carried 4-2 Bane & Selin voted No.

RESOLUTION APPOINTING THE CITY OF MORGANTOWN AS AGENT FOR THE BUILDING COMMISSION IN CONNECTION WITH ALL MATTERS RELATING TO THE PLANNING, DESIGN, BIDDING, ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW FIRE HALL AND RELATED FACILITIES: The above entitled Resolution was presented for approval:

After discussion, motion by Byrer, second by Bane to pass the above entitled Resolution. Motion carried 6-0.

PUBLIC PORTION: Leah McAllister, 240 Grant Street, invited Council to the first annual Greenmont Neighborhood Good Neighbor Picnic on June 28^th from 4-7 pm.

Chris Haddox, 739 Monongalia Avenue, expressed his pleasure to be in attendance the night Ken Tennant was recognized for his promotion. He mentioned that he invited Ken and others from City Code Enforcement to speak in his building inspections class at WVU and thanked him for the good talks they gave the students. He thanked the City Council for the all the work they do. He then spoke about Morgantown’s push to continue “Green Building” initiatives, and applauded the efforts the City is making. He continued to discuss the benefits of Green energy, and energy efficiency.

SPECIAL COMMITTEE REPORTS: No reports.

CITY MANAGERS REPORT:

NEW BUSINESS:

Item No. 1: Attached you will find an application for the City to join the U.S. Green Building Council for a dues payment of $500 per year. Based upon the endorsement of the City=s Green Team and the benefits to be received (green building current literature; what other entities are doing; model success stories; and discounts to other services), I recommend that the application be submitted.

After discussion, Motion by Byrne, second by Spencer to approve the application to join U.S. Green Buildings. Motion carried 6-0.

Item No. 2: Recently, some City employees have asked that the lifetime health insurance benefit cap be increased beyond the current $1,000,000 limitation (established in the early 1990's). I agree with their suggestion and recommend that the cap be increased to $5,000,000 for a cost of $2.00 per employee per month for a total cost of $7,176 per year.

Motion by Bane, second by Byrer to approve the increase in the employee lifetime health insurance cap. Motion carried 6-0.

CITY CLERK'S REPORT: No report.

CITY ATTORNEY'S REPORT: No report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane Councilor Bane welcomed newly appointed Councilman, John Gaddis. He apologized for being frustrated over certain issues and expressed concern for the Sunnyside Up budget; stating that the information being requested has not been provided.

Councilor Byrne encouraged Councilor Bane to attend a meeting of Sunnyside Up and pose his questions and concerns directly to those involved. He stated that updates will be given.

Councilor Bane commented that the situation is similar to the budget vote the year the City obtained the Met Theatre. He stated that over the past 7 years with $700,000.00 the program has not done enough for the Sunnyside Area. He expressed that he feels the program is not a good steward of the tax funds being provided to it.

Councilor Byrer Councilor Byrer told Council that he wished MUB would focus on stormwater recovery and improving storm drops. He spoke about ice build up at the Wiles Hill Senior Center in the wintertime that MUB will not answer him about. He called out to MUB to be addressing the issues instead of simply digging ditches to route stormwater. He then inquired to Mr. Boroff about employee long term care insurance for City retirees.

Mr. Boroff answered, that is not provided. He explained that it is not a standard fringe benefit that governments generally provide their employees.

Councilor Byrer suggested the City become more pedestrian oriented to influence citizens to walk and save gas money. He stated he wanted to see an increase in the budget for sidewalks. He made mention of the concrete streets in his neighborhood and requested they be preserved and restored rather than be paved over and patched. Councilor Byrer talked about traffic calming and how it would benefit several neighborhoods by increasing safety.

Councilor Selin Councilor Selin gave an update on Year of the Child activities and events, stating that Kid’s Day will be held downtown on July 19^th. She informed Council that she regularly attends the Sunnyside Up meetings and feels that due to new director Jim Hunt that things are slowly moving in a positive direction and that it would be detrimental to stop the program now. She encouraged others to attend so they can get more information on what their current initiatives are. She suggested when making requests to MUB, Council be certain that Public Service Commission issues are not handed over to MUB and that the City does all it’s duties first to bring about the necessary changes. Councilor Selin gave an update of the Suncrest Neighborhood Association meeting and the discussion therein of the bridge at Laurel Street. She suggested looking into a traffic calming methods to substitute if the bridge cannot be closed.

Councilor Byrne Councilor Byrne shared information and updates on the Sister City program which pairs Morgantown with Guanajuato, Mexico. He told Council that the Mayor of Guanajuato is so excited about the Sister City program that he has organized a Sister City festival and invited Morgantown representatives and many other Cities paired in the sisterhood program to attend in December. A Youth Ambassador program has also been discussed. The Youth Commission and new director Dan Wright are excited to get involved with both of these programs. He continued to speak about the importance of fostering these interests in the youth of Morgantown. He announced a Sister City Committee meeting will be held in July. Councilor Byrne thanked the Greenmont neighborhood for inviting Council to the good neighbor picnic, and thanked BOPARC and the Morgantown Housing Authority for helping. He concluded his comments by citing specific examples of how Sunnyside up has used their funding to do several good things over the years since its inception, including the upcoming TIF project.

Councilor Spencer Councilor Spencer addressed Councilor Byrer’s concerns over sidewalks, stating that projects are in the works. He thanked Council for their support on tabling the water rates Ordinance and suggested that it may be time for change, as fairness in the cost to provide water must be taken into consideration. He mentioned Collins Ferry Road, which was at one time a county road, and had been made a ward of the State, and which is not being cared for. He inquired to Mr. Boroff about how to handle such a situation.

Mr. Boroff answered that due to the DOH’s budget problems we have indeed seen a decrease in the service these roads receive. He stated that in fact the DOH has responded to the City’s inquiries about Collin’s Ferry Road and likely cannot and will not attend to it’s needs. He mentioned that the Public Works department is developing a contingency plan in the event the State does not fulfill its duties.

Councilor Selin asked if the state would reimburse the City for maintenance provided that was initially the State’s responsibility.

After heightened discussion about safety, and high traffic flow, from Councilor, Byrer, Councilor Selin, and Mayor Justice, the conclusion was come to that the state does not have the funds for the road in question, and the responsibility will ultimately lie with us.

Councilor Spencer mentioned that there is more Graffiti emerging along the trails, and wished it to be addressed. He spoke of work permits, and lack of work being done. He thanked Chris Haddox for speaking on the Green Building topic. Councilor Spencer stated that L.E.E.D. Commissioning should be continued to protect structural integrity, safety, and public interest. He talked about the demographics in the Suncrest Neighborhood Association vote on the closure of Laurel Bridge. He continued by voicing support for the day care center and all the good attributes it will bring.

Mayor Justice Mayor Justice congratulated the 2008 graduates of several local High Schools. He gave an update on Year of the Child Committee activities in the Woodburn Neighborhood, and their interest in reusing the Central School Development. The Woodburn Neighborhood association will meet to discuss Woodburn Elementary with school board officials to meet the need of rebuilding the school and surrounding area. The meeting will be held Monday night at Crosley’s at 7 pm. Mayor Justice reminded Council about the Coordinating Council meeting on Monday at 7. He mentioned his interest in developing a similar council by July to deal with individual neighborhood issues and preserve R-1A areas. He concluded by sharing his delight in honoring Ken Tennant and Mr. Shay.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:40 pm.

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City Clerk Mayor

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