REGULAR MEETING AUGUST 16, 2005:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 16, 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 regular meeting on August 2, 2005, were approved as printed.



CORRESPONDENCE:



Mayor Justice and Fire Chief Fetty presented a retirement plaque to Capt. Rick Hill. Mayor Justice announced future meetings and events; thanked everyone for their help during the legislative interims and read Del. Beach's thank you; summarized letters about funding the airport access road and Preserve America Community; and covered an Army Corps of Engineers thank you and the South Hills NA newsletter. Mayor Justice read Hot Spot e-mails, remarked on a WVML gaming resolution; Councilors Scafella, Byrne, Spencer and Manilla along with City Manager Boroff and City Attorney Fanok added comments. Mayor Justice noted the All Star Community Award for Dorsey Knob.



PUBLIC HEARING-AN ORDINANCE AMENDING THE FY 2005-2006 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND:



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 FY 2005-2006 ANNUAL BUDGET AS APPLIES TO THE GENERAL FUND: 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.



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



BOARDS AND COMMISSIONS:



There was no business.

PUBLIC PORTION:

Greg Donewar, WVU Fire Service, introduced the Citizens Emergency Academy.



Deborah Fulton, Mon Valley Clean Air Coalition, spoke about asthma and air quality.



Kathryn Greaver, Evansdale, discussed video lottery and liquor licenses.



John Horne, 1554 Saxman Avenue, spoke about solid board privacy fences.



Sam Chico, 820 Riverview Drive, reiterated his letter about Hot Spot proliferation.



Mayor Justice commented on the non-attainment issue and measurement for video lotteries.



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



SPECIAL COMMITTEE REPORTS:



Mayor Justice noted the next Solid Waste Task Force meeting and Councilor Spencer announced the Tree Board meeting.



NEW BUSINESS:



AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled Ordinance was presented for Council's approval.



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



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



AN ORDINANCE AMENDING SECTION 1139.16 OF THE HEALTH AND SANITATION CODE AS APPLIES TO PAYMENT: The following entitled Ordinance was presented for Council's approval.



AN ORDINANCE AMENDING SECTION 1139.16 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO PAYMENT FOR SOLID WASTE COLLECTION SERVICES.



After explanation by the City Manager, motion by Byrne, second by Miller, to pass the above Ordinance to second reading. Motion carried 7-0.



CONSIDERATION OF APPROVAL 0F A RESOLUTION CONSENTING TO ADELPHIA'S CURRENT CABLE FRANCHISE AGREEMENT BEING TRANSFERRED TO COMCAST CORPORATION: The above entitled Resolution was presented for Council's approval.

.

The rules were suspended to allow Adelphia and Comcast representatives to answer questions. After discussion, motion by Miller, second by Scafella, to approve the above Resolution. Motion carried 7-0.







CITY MANAGERS REPORT:



NEW BUSINESS:

Item No. 1:

As discussed earlier in the year, the City has an opportunity to conduct an historic survey of the Wiles Hill neighborhood. The total local match for this project is $8,500 that will leverage an additional $6,500 in State grant funds. To assure that the project is realized in a timely way, I recommend that it be approved as a Capital Escrow Account activity.



After discussion, motion by Scafella, second by Byrne, to match $8,500 for the Wiles Hill historic survey. Motion carried 7-0.

CITY CLERK'S REPORT:



City Clerk Little gave a reminder of the Hot Dog Sale.



CITY ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS (Reverse order):



Councilor Spencer: Councilor Spencer discussed the WVML Conference; requested legislative priorities on the October COW, updates on recycling and lower Walnut Street; questioned cleaning of major thoroughfare sidewalks and the Collins Ferry mowing problem; indicated a possible air monitoring grant for the Clean Air Coalition; spoke of gasoline prices and family budgets.



City Manager Boroff replied that BFI will implement the recycling change in 4 weeks, the TIF bond issue first reading should be within 30 days to start work next spring. Sidewalks are the responsibility of property owners; some are state responsibilities but the City does clean the major thoroughfares in the spring. Collins Ferry is a state route and they normally mow it once or twice a year.



Councilor Byrne: Councilor Byrne addressed the proposed trucking ordinance; noted the increase in Housing Authority Trust Fund money; advised of illegal parking in the Wharf District; urged that Sunnyside Up investment produce better management of rental properties; spoke of the death of Richard Hart of the Library and the dilapidated properties along Stewart Street.



City Manager Boroff responded that the proposed trucking ordinance will be on the COW.



City Attorney Fanok replied that the city is more active than any other city in the state.



Councilor Miller: Councilor Miller commented on a cattle carcass being hung in the Wharf District in the past.



Councilor Scafella: Councilor Scafella noted the Stewart Street sidewalk is complete and commended Public Works; announced the Wiles Hill Senior Center Bazaar and Auction and have finally received the bid documents for the handicapped addition; suggested acquiring a small brushing machine for cleaning snow off sidewalks.



Councilor Manilla: Councilor Manilla announced the SPAN yard sale.



Councilor Bane: Councilor Bane requested the 400 block of Elysian be on the next paving list; stated the Hite Street retaining wall is complete; and requested that fire station acquisition be on the COW agenda.

Mayor Justice: Mayor Justice noted that state maintenance is on the MPO agenda and requested Council tour the Clay Street parking area; disagreed with the City Attorney; reported on the Airport Committee meeting; requested help on the City Manager's evaluation; noted Jim Hunt of Clarksburg as the National League of Cities President and WVU FallFest; addressed the need for new signage for Riverfront parking and the amphitheatre; and asked Council to consider policy on how to address the differences in the Wharf District.



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.