REGULAR MEETING JULY 7, 2009:

Councilor Byrne wanted to address Council to make a nomination, I have been on Council for 12 years and served under a number of Mayors and we have a change now in the political makeup of Council as the result of the Election and so when selecting a Mayor you need someone who can approach both sides of the issue as a group. Councilor Byrne then nominated Wes Nugent who could be that person to bridge the gap as our new Mayor, second Selin. Councilor Nugent declined saying he was honored by being nominated but felt that it was not appropriate at this time.

Councilor Nugent, addressed Madam Chair as titular head of the City of Morgantown and chair of the Morgantown City Council 2011-2012 term I nominate the 2^nd ward Councilor Mr. Jim Manilla as Mayor, second by Councilor Herbst. Motion carried 4-3 that the new Mayor for 2011-2012 will be Councilor Manilla. (Councilor Selin, Councilor Shamberger and Councilor Bane voted No).

Councilor Selin, nominated Councilor Shamberger for Deputy Mayor, second by Councilor Byrne. Motion failed 4-3. (Councilor Bane, Councilor Nugent, Councilor Herbst and Mayor Manilla voted No).

Councilor Herbst nominated Ron Bane for Deputy Mayor second by Councilor Nugent. Motion carried 4-3 that the new Deputy Mayor for 2011-2012 will be Councilor Bane. (Councilor Selin, Councilor Shambereger and Councilor Byrne voted No).

CORRESPONDENCE: Mayor Manilla presented Don Spencer a proclamation to publicly thank him for serving on City Council as a member since July 2003; appointed as Deputy Mayor for 4 years; instrumental in passing Vote-By Mail Legislation; was actively involved in the Suncrest Neighborhood Association; involved with various boards, committees and represented the city at National League of Cities Congresses, Municipal League and Legislative Meetings. Councilor Byrne mentioned a letter from Ella Belling, Executive Director, Mon River Trails Conservancy, thanking Council for their support for their contribution to the Deckers Creek Trail Half Marathon and Trail Mix Festival. Councilor Byrne read a letter from the DOH thanking Mayor Byrne for opening remarks during the Southeastern Equipment Managers Conference at the Waterfront Place Hotel.

PUBLIC HEARING - A BOND ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2011 A (THE “SERIES A BONDS”). THE PROCEEDS OF THE SERIES A BONDS WILL BE USED (I) TO PAY A PORTION OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE SEWERAGE PORTION OF THE COMBINED WATERWORKS, SEWERAGE AND STORMWATER SYSTEM OF THE ISSUER, (II) TO FUND A RESERVE ACCOUNT FOR THE SERIES A BONDS, AND (III) TO PAY CERTAIN COSTS OF THE ISSUANCE OF THE SERIES A BONDS AND RELATED COSTS. THE SERIES A BONDS ARE PAYABLE SOLELY FROM REVENUES TO BE DERIVED FROM THE OWNERSHIP AND OPERATION OF THE SYSTEM OF THE CITY:

PUBLIC HEARING - A BOND ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2011 B (THE “SERIES B BONDS”). THE PROCEEDS OF THE SERIES B BONDS WILL BE USED (I) TO PAY A PORTION OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE WATERWORKS PORTION OF THE

COMBINED WATERWORKS, SEWERAGE, AND STORMWATER SYSTEM OF THE ISSUER, (II) TO FUND A RESERVE ACCOUNT FOR THE SERIES B BONDS, AND (III) TO PAY CERTAIN COTS OF THE ISSUANCE OF THE SERIES B BONDS AND RELATED COSTS. THE SERIES B BONDS ARE PAYABLE SOLELY FROM REVENUES TO BE DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATERWORKS SYSTEM OF THE CITY:

AN BOND ORDINANCE FOR SEWERAGE SYSTEM: The below entitled Ordinance was presented for third reading:

A BOND ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2011 A (THE “SERIES A BONDS”). THE PROCEEDS OF THE SERIES A BONDS WILL BE USED (I) TO PAY A PORTION OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE SEWERAGE PORTION OF THE COMBINED WATERWORKS, SEWERAGE AND STORMWATER SYSTEM OF THE ISSUER, (II) TO FUND A RESERVE ACCOUNT FOR THE SERIES A BONDS, AND (III) TO PAY CERTAIN COSTS OF THE ISSUANCE OF THE SERIES A BONDS AND RELATED COSTS. THE SERIES A BONDS ARE PAYABLE SOLELY FROM REVENUES TO BE DERIVED FROM THE OWNERSHIP AND OPERATION OF THE SYSTEM OF THE CITY. (PUBLIC HEARING AND THIRD READING/ADOPTION SCHEDULED FOR 7/5/11)

Council suspended the rules to have Tim Ball, MUB Director summarized the above stated bond for clarification Motion by Bane, second by Byrne to pass the above entitled Ordinance for adoption.. Motion carried 7-0.

AN BOND ORDINANCE WATERWORKS SYSTEM: The below entitled Ordinance was presented for third reading:

A BOND ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS COMBINED UTILITY SYSTEM REVENUE BONDS, SERIES 2011 B (THE “SERIES B BONDS”). THE PROCEEDS OF THE SERIES B BONDS WILL BE USED (I) TO PAY A PORTION OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF CERTAIN EXTENSIONS, ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE WATERWORKS PORTION OF THE COMBINED WATERWORKS, SEWERAGE, AND STORMWATER SYSTEM OF THE ISSUER, (II) TO FUND A RESERVE ACCOUNT FOR THE SERIES B BONDS, AND (III) TO PAY CERTAIN COTS OF THE ISSUANCE OF THE SERIES B BONDS AND RELATED COSTS. THE SERIES B BONDS ARE PAYABLE SOLELY FROM REVENUES TO BE DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATERWORKS SYSTEM OF THE CITY. (PUBLIC HEARING AND THIRD READING/ADOPTION SCHEDULED FOR 7/5/11)

Motion by Bane second by Byrne to pass the above entitled Ordinance for adoption. Motion carried 7-0.

Justin Ditmore, Manager Hookah Buy Inc., Bar, asked if there was going to be any exemptions to the indoor smoking ban?

Mayor Manilla responded that Council will answer his question during Council Correspondence.

Erica Castia, 1017 Bretwald Drive, asked when will Council be doing their Correspondence to answer questions.

Mayor Manilla stated towards the end of the meeting.

John Lozier, 345 Virginia Avenue, thanked Council for voting to stop the Fracking underneath the City and adjacent areas, a lot of people concerned about this all over the world.

Kathleen Abata, (question name) 201 Logan Avenue, questioned the deer issue who is assigned to accept permits; who will be contacting the property owners; who is going to assign hunter; is it the Deer Committee?

City Manager Terrence Moore responded and explained that in the July 1^st City Council Information Letter

Joan Beard, 632 Astor,

Guy Panrell, 763 South Hills Drive

John McGraw, 522 Missouri Street,

Don West, 651 Standard Avenue,

Listen women from Hookah Buy Inc

AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH BOE AT MHS FOR A POLICE OFFICER: The below entitled Ordinance was presented for first reading:

AN ORDINANCE BY THE CITY OF MORGANTOWN AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY BOARD OF EDUCATION, AS THE SAME APPLIES TOA PREVENTION RESOURCES OFFICER IN THE MONONGALIA COUNTY SCHOOL SYSTEM AT MORGANTOWN HIGH SCHOOL.

EXECUTIVE SESSION: By acclamation Council unanimously moved to go into Executive Session, pursuant to Section 6-9A-4 of the West Virginia Code in order to discuss attorney/client matters with the following persons present: Mayor Manilla and Council Members, and City Attorney Steve Fanok entered into executive session at 9:00p.m.