REGULAR MEETING FEBRUARY 15, 2005:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 15, 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 of the regular meeting on February 1, 2005, were approved as printed.

CORRESPONDENCE:



Mayor Justice gave a reminder of Random Acts of Kindness Week.



PUBLIC HEARING - AN ORDINANCE AMENDING SECTIONS 367.04 AND 367.99 OF THE CITY CODE AS THE SAME APPLY TO PARKING DISTRICT RULES AND PENALTIES:



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 APPROVING A LEASE WITH THE UNITED STATES OF AMERICA, SPECIFICALLY THE INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY VISUAL APPROACH SLOPE INDICATOR AT THE AIRPORT:



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 APPROVING A LEASE WITH THE UNITED STATES OF AMERICA, SPECIFICALLY THE INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY END IDENTIFICATION LIGHTS SYSTEM AT THE AIRPORT:



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 AMENDING SECTION 105.42 AS THE SAME APPLIES TO COMPENSATION OF ELECTION OFFICIALS AND OTHER EXPENSES:



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 AMENDING SECTIONS 367.04 AND 367.99 OF THE CITY CODE AS THE SAME APPLY TO PARKING DISTRICT RULES AND PENALTIES: The following entitled Ordinance was presented for second reading.



AN ORDINANCE AMENDING SECTIONS 367.04 AND 367.99 OF THE MORGANTOWN CITY CODE AS THE SAME APPLY TO PARKING DISTRICT RULES AND PENALTIES FOR VIOLATION THEREOF.



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



AN ORDINANCE APPROVING A LEASE WITH THE UNITED STATES OF AMERICA, SPECIFICALLY THE INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY VISUAL APPROACH SLOPE INDICATOR AT THE AIRPORT: The following entitled Ordinance was presented for second reading.



AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND THE UNITED STATES OF AMERICA, LESSEE, AS THE SAME PERTAINS TO THE MORGANTOWN AIRPORT; MORE SPECIFICALLY THE FEDERAL GOVERNMENT'S INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY VISUAL APPROACH SLOPE INDICATOR.



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



AN ORDINANCE APPROVING A LEASE WITH THE UNITED STATES OF AMERICA, SPECIFICALLY THE INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY END IDENTIFICATION LIGHTS SYSTEM AT THE AIRPORT: The following entitled Ordinance was presented for second reading.



AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND THE UNITED STATES OF AMERICA, LESSEE, AS THE SAME PERTAINS TO THE MORGANTOWN AIRPORT; MORE SPECIFICALLY THE FEDERAL GOVERNMENT'S INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY END IDENTIFICATION LIGHTS SYSTEM.



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



AN ORDINANCE AMENDING SECTION 105.42 AS THE SAME APPLIES TO COMPENSATION OF ELECTION OFFICIALS AND OTHER EXPENSES: The following entitled Ordinance was presented for second reading.



AN ORDINANCE AMENDING SECTION 105.42 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO COMPENSATION OF ELECTION OFFICIALS AND OTHER EXPENSES.



Motion by Scafella, second by Manilla, to adopt the above Ordinance. Motion carried 7-0.



BOARDS AND COMMISSIONS:



By acclamation, Larry Sypolt was appointed to the Library Board and Sandy Poulson was appointed to the Beautification Commission.



PUBLIC PORTION:

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



SPECIAL COMMITTEE REPORTS:



No Reports.



CITY MANAGERS REPORT:



INFORMATION:



Item No 1:

As per the schedule adopted by Council, the proposed City Budget Documents for Fiscal Year 2005-2006 are presented for Council's consideration.



NEW BUSINESS:



Item No. 1:

As per the State Economic Development Grant, Platinum Properties acts as the City's agent to administer the approved River Front projects. Attached you will find a letter from Platinum recommending that the engineering and permitting fees for the Marina project be increased by a number not to exceed $67,696. Based upon the circumstances described, I recommend that the increase be approved.



After discussion, motion by Bane, second by Byrne, to approve funding not to exceed $67,696 for the Marina project. Motion carried 7-0.



Item No. 2:

The second attachment is a memo from the Assistant City Manager reporting the progress of forming a third Business Improvement District in the Downtown. The memo also recommends seven individuals to serve on the District Planning Committee. Given the requirements of State law and the individuals nominated, I recommend that the appointments be made.



Motion by Miller, second by Byrne, to form a third BID and accept the 7 persons nominated to serve on that committee. Motion carried 6-0. (Bane Abstained).



Item No. 3:

The third attachment is a letter from the Airport Director describing a requirement for the City to pay nine percent of the Operating Tower's cost or risk losing the service. Based upon the Director's comments, I recommend that the $2,513 monthly fee be paid from FBO proceeds until such time as the City can again qualify for 100% Federal funding.



After discussion, motion by Manilla, second by Bane, to pay a monthly fee of $2,513 for the Operating Tower's cost. Motion carried 6-1. (Spencer voted No).



Item No. 4:

The last attachment presents the 2004 Annual Reports of Police and Fire Pension Funds as required by State law. Given the Finance Director's comments, I recommend that the reports be approved and sent to the WV Treasurer's Office.



Motion by Miller, second by Scafella, that the 2004 Annual Reports of the Police and Fire Pension Funds be approved. Motion carried 7-0.



CITY CLERK'S REPORT:



No Report.



CITY ATTORNEY'S REPORT:



No Report.



REPORT FROM COUNCIL MEMBERS:



Councilor Bane: No Report.



Councilor Manilla: Councilor Manilla asked about the crosswalk survey.



Councilor Scafella: Councilor Scafella discussed the past and future of the airport and using plainclothes police for crosswalks.



Councilor Miller: Councilor Miller commented on Laurel stop signs and asked if poll workers were still needed.



Councilor Byrne: Councilor Byrne addressed a stormwater problem; listed a neighborhood meeting and discussed pedestrian issues.



Councilor Spencer: Councilor Spencer discussed decision making, a sidewalk survey handout and air quality legislation.



Mayor Justice: Mayor Justice reiterated that a no vote was for closing the Airport Tower; commented on the air quality issue and listed future meetings and events.



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

8:50 p.m.



_____________________________ __________________________________

City Clerk Mayor



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