REGULAR MEETING JULY 5, 2001:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Thursday, July 5, 2001 at 7:30 P.M.

OATH OF OFFICE FOR NEW COUNCIL:

Milton Cohen, 1060 Ross Street, interrupted the meeting saying he protested the meeting stating that there are five Councilors that do not have the qualifications.

Ms. Little asked Mr. Cohen to please sit down and that he could speak during the Public Portion.

Mr. Cohen was taken out of the meeting by Lt. Hess.

City Clerk Linda L. Little gave Council their Oath of Office for 2001-2002.

ELECTION OF MAYOR AND DEPUTY MAYOR:

City Clerk Linda Little opened the floor for Nominations for Mayor for 2001-2002.

Motion by Byrne, second by Salucci, to appoint Councilor Scafella as Mayor.

City Clerk Linda L. Little asked if there were any more nominations for the office of Mayor.

Nominations were closed.

There being no further nominations, the City Clerk took a vote.

The final vote of 7-0 determined that by unanimous consent Councilor Scafella be selected as the new Mayor for 2001-2002.

City Clerk Linda Little then opened the floor for nominations for the office of Deputy Mayor for 2001-2002.

Motion by Manilla, second by Byrne, to appoint Councilor Justice as Deputy Mayor.

City Clerk Linda Little then asked if there were any more nominations.

There being no further nominations, the City Clerk took a vote.

The final vote of 7-0 determined that Councilor Justice was selected as the Deputy Mayor for 2001-2002.

The City Clerk then gave the Mayor and Deputy Mayor their Oath of Office for 2001-2002.

The Mayor then presided.

PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok, Assistant to the City Manager Jeff Mikorski and Councilmembers Frank Salucci, Jim Manilla, Frank Scafella, Teresa Miller, Ronald Justice, Bill Byrne, Florence Merow.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on June 19, 2001 were approved as printed.

CORRESPONDENCE:

Councilor Manilla stated that he has been getting a lot of good information from individuals and groups and pointed out that he won't be swayed by any individual or group on how he votes.

Mayor Scafella presented proclamations to Police Officers Sgt. Bruce Holder and Corp. Dan Price upon their retirements. Mayor Scafella also presented a proclamation to Sharon Polentes upon her retirement as Municipal Court Clerk.

Mayor Scafella announced "Kids Day 2001" will be Saturday, July 14.

Mayor Scafella noted that the City Strollers raised $1,900 for the American Cancer Society.

Mayor Scafella read a letter from Harry "Moe" Rubenstein thanking Council for approving the purchase of property in the Wharf District to construct a parking garage and suggesting ways to connect the Wharf District with downtown.

PUBLIC HEARING-AMENDING ZONING ORDINANCE AS THE SAME APPLIES TO PRIVATE SCHOOLS:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.

Councilor Merow called for a Point of Information to have the Mayor explain the ordinance since she was not here and does not have the information concerning this.

Mayor Scafella replied that he was going to explain it.

There were no appearances or objections. Mayor Scafella declared this hearing closed.

PUBLIC HEARING-AGREEMENT WITH COUNTY COMMISSION REGARDING JAIL PROCESS CENTER:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.

There were no appearances or objections. Mayor Scafella declared this hearing closed.

UNFINISHED BUSINESS:

AMENDING ZONING ORDINANCE AS THE SAME APPLIES TO PRIVATE SCHOOLS: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 5, DEFINITIONS; AND TABLE 9, CONTINGENT USES AND REQUIREMENTS OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO PRIVATE SCHOOLS.

Motion by Miller, second by Salucci, to adopt the above entitled ordinance. Motion carried 7-0.

AGREEMENT WITH COUNTY COMMISSION REGARDING JAIL PROCESS CENTER: The following entitled ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO ENTER INTO AN AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION REGARDING SHARED FUTURE COSTS OF THE LOCAL REGIONAL JAIL PROCESSING CENTER AND TRANSPORTATION SERVICES.

After discussion, motion by Salucci, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.

Boards & Commissions Vacancies:

Councilor Merow nominated Betty Gheza, 569 Plymouth Avenue, for a Seventh Ward position on the Beautification Commission. The City Clerk will check if there is an opening.

Councilor Manilla will replace Betty McClain on the Parking Authority.

Mayor Scafella will remain on BOPARC and Transit Authority.

PUBLIC PORTION:

Fred Wyant, Morgantown businessman, invited Councilors to the public hearing at the Ramada Inn on Monday at 7:00p.m. about Wal-Mart.

Paul Jensen, Pilots Association President, congratulated Council and the Mayor and asked that the ordinance listed as item 13A be tabled until the pilots can meet with Mr. Boroff as there are flaws in the contract.

Councilor Merow asked for a Point of Information -- would Mr. Jensen be willing to have a postponement instead of tabling the ordinance? Mr. Jensen agreed.

Ed Sneckenberger, 521 Woodhaven Dr., submitted that Laurel Street needs to be paved this year and thanked people for their efforts. Mr. Sneckenberger read a letter to the editor stating the Mississippi Street sidewalk should be removed from the list.

Councilor Merow asked for a Point of Information to clarify paving or sidewalks only.

Mr. Sneckenberger replied that it was sidewalks only.

Jim Gaston, 720 Powell Ave., is not opposed to the beautification of Beechurst but he is opposed to widening of the sidewalk there and asked Council to move forward with a plan. Mr. Gaston requested that Council review the Comprehensive Plan starting at page 11.

Cindy Frich, 1248 Baker's Ridge Road, read from the TEA-21 grant application for the Jerry West Blvd. bike lane and sidewalks throughout the city. The study for TEA-21 grant application recommendations for sidewalks are Dorsey, Ross, Grand, Richwood, and Suncrest Neighborhood priorities. Ms. Frich requested more detailed information and encouraged Council to come speak at the Ramada Inn on Monday.

There being no more appearances, Mayor Scafella declared the Public Portion closed.

City Manager, Dan Boroff, responded to Mr. Sneckenberger's reading by commenting that the letter to the editor contained errors and the plan has not changed. The City Manager replied to Ms. Frich that the Jerry West Boulevard application is pending and the other sidewalks she mentioned were a separate application that has already been funded. Mr. Boroff recommended rolling Laurel Street into the City sidewalk program for the next construction season.

SPECIAL COMMITTEE REPORTS:

Councilor Justice reported that the next meeting of the Solid Waste Umbrella Group will be the last Friday in August.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF AN ORDINANCE LEASING T-HANGERS AT MUNICIPAL AIRPORT: The following entitled ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN, LESSOR, TO LEASE INDIVIDUAL T-HANGERS AT THE MUNICIPAL AIRPORT TO: WALLACE VENABLE, AIR CORPS SERVICE, INC., GLEN WARD, ROBERT HOLT, WILLIAM JONES, WILLIAM SWINEFORD, DONALD LAMM, ROBERT BOND, ROBERT GIBSON, RICHARD JUDY, (LEO & CORA HORACEK), JAMES MARLEY, THOMAS HORACEK, LARRY MYERS, FRED MINER, LARRY KIRBY, CHARLES BURNWORTH, LARRY LAWSON, MARK FURFARI, ESTOL GANS, KEVIN A. KOURY, RICHARD SCHREIBER, (CATHER CONNER AND RICHARD GAIS), ROBERT LAST, JOEL ALLEN, ALEX CASUCCIO, (PAUL DEVORE & ALBERT J. MASCIOLI),ROBERT GIBSON, JOHN CARTER, THOMAS ADAMASKI, (PAUL & NANCY JENSON), DANA MARTIN, JOHN J. MARTIN, BRENDA COLASANTI, MARK HAMRICK, JOSEPH HEBDA, AND SERRHEL ADAMS.

After discussion, motion by Merow, second by Salucci, to postpone the above entitled ordinance to the next regular meeting. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING THE FY 2001-2002 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 COAL SEVERANCE FUND: The above entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING THE FY 2001-2002 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 COAL SEVERANCE FUND.

Councilor Merow asked for a Point of Information and asked that the ordinance be explained.

After explanation by the City Manager, motion by Salucci, second by Justice, to pass the above entitled ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF A RESOLUTION TO RECOMMEND THE APPLICATION FOR THE 2001 HUD SMALL CITIES BLOCK GRANT FUNDING AND AUTHORIZES THE CITY MANAGER TO COMPLETE ALL FORMS AND CERTIFICATIONS NECESSARY TO COMPLETE SAID APPLICATION: The above entitled resolution was presented for Council's approval:

After discussion, motion by Byrne, second by Merow, to approve the above entitled resolution. Motion carried 7-0.

CITY MANAGER'S REPORT:

INFORMATION:

ITEM NO. 1:

Concerning Downtown stop lights, the City has been informed by the Department of Highways that the light at Foundry Street and South University Avenue will be made a permanent part of the Downtown system. The Department has also agreed to study the feasibility of installing special signals on key stop lights in the Downtown to assist the visually impaired.

ITEM NO.2:

Attached you will find two letters from Governor Wise announcing important grants to the Morgantown Police Department totaling $63,754. The first grant will put in place a full time Police Officer at University High School and the second one will continue the conflict resolution program in five elementary schools. Governor Wise is to be very much commended for making these services possible.

NEW BUSINESS:

ITEM NO. 1:

The second attachment is a request from the West Virginia Brewing Company to have the WVBC Twilight 5 Miler qualified as a Public Fair so as to serve beer outside.

After discussion, motion by Justice, second by Byrne, to have the WVBC Twilight 5 Miler qualified as a Public Fair. Motion carried 6-1 (Salucci voted No).

ITEM NO. 2:

The final attachment is a memo from the Airport Manager reporting bid results for a 1-ton, four wheel drive truck with dump bed and tailgate spreader. I concur with the Airport Manager's findings and recommend that the bid be awarded to Corwin Ford Sales for $45,577.

After discussion, motion by Justice, second by Byrne, to award the bid to Corwin Ford Sales for $45,577. Motion carried 7-0.

CITY CLERK'S REPORT:

No report.

STAFF ATTORNEY'S REPORT:

Steve Fanok stated that according to WV Code 848 an individual who is a realty holder or qualified voter of the city must show up in person at the August 7 Special Meeting for changing the city charter in reference to deleting the residency requirement for the City Clerk and Municipal Court Judge and also give their objection in writing at the special meeting in order to have their objection considered.

REPORT FROM COUNCIL MEMBERS:

Councilor Salucci: Councilor Salucci welcomed Councilors Manilla and Merow to Council and asked for security patrols to be beefed up in 1^st Ward because of vandalism. Councilor Salucci noted that people that don't live in the city should not be involved in City decisions.

Councilor Manilla: Councilor Manilla said it was a pleasure to serve on Council and reminded everyone about the Corps of Engineers public hearing at the Ramada Inn. Councilor Manilla is concerned about the pedestrian crosswalks downtown and would like to see pedestrian walkways above University Avenue.

Councilor Miller: Councilor Miller congratulated the Mayor and Deputy Mayor on new terms and welcomed Councilors Manilla and Merow. Councilor Miller agrees that another sidewalk on Mississippi is not necessary and Laurel is a very dangerous street. Councilor Miller will be at the July 9^th meeting at Ramada Inn.

Councilor Justice: Councilor Justice thanked city administration for their quick response to the drain on Cayton Street and the Maple and Richwood properties' construction status. Councilor Justice requested that the sidewalk program and the goals of the Housing Task Force be placed on the COW agenda.

Councilor Byrne: Councilor Byrne congratulated the Mayor and Deputy Mayor on their new terms and welcomed Florence and Jim. Councilor Byrne commended a 6^th Ward woman, Olga D'Amico, for maintaining the flower garden at the hogback turn of Brockway every year. Councilor Byrne echoed Councilor Miller about the importance of the June 9^th meeting but will be unable to attend. Councilor Byrne offered, and read, a resolution against the proposed Wal-Mart on 705.

CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY OF MORGANTOWN OPPOSES THE LOCATION OF A WAL-MART STORE AT THE CORNER OF RT. 705 AND STEWARTSTOWN ROAD, AND REQUESTS THAT MONONGALIA COUNTY COMMISSION IMMEDIATELY INITIATE STEPS TO PROVIDE FOR APPROPRIATE ZONING AND PLANNING FOR DEVELOPMENT AND GROWTH ON THE BORDERS OF THE CITY OF MORGANTOWN.

After discussion, motion by Byrne, second by Manilla. Motion carried 6-1 (Salucci voted No).

Councilor Merow: Councilor Merow welcomed citizens at the meeting and mentioned the hard work of the Mason/Dixon Festival Board for the July 4^th events. Councilor Merow noted it was her 8^th term on Council and commended Betty McClain for all her work. Councilor Merow will ask Council to review the following: a return to 3 readings of an ordinance, endorsing the First Things First plan and placing it on the next COW agenda, bringing a YMCA/YWCA complex to town, returning water and electrical services to Riverfront Park, the Amphitheater being too long to walk around, sidewalks, Lawnview Street is caving in, informational placard outside Council Chambers, a City map in lobby, stronger laws for razing dilapidated structures, adherence to the Comprehensive Plan, and more citizen involvement. Councilor Merow emphasized planning and stated that she will devote her time and energy to Council and the WV Botanic Garden.

Mayor Scafella: Mayor Scafella thanked Councilor Merow for her energy and her work decorating the stage and so forth for July 4^th and also thanked John Pyles and Bob Losh for the Celebration of America celebration at the Courthouse Square. The 2020 Transportation Plan should be on the COW agenda as well as the First Things First Plan.

ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:10 p.m.

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City Clerk Mayor