REGULAR MEETING JULY 6, 2004:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 6, 2004, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. 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 City Clerk.



ELECTION OF MAYOR AND DEPUTY MAYOR:



City Clerk Linda Little opened the floor for Nominations for Mayor for 2004-2005.



Motion by Scafella, second by Miller, to appoint Councilor Justice 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 Councilor Justice be selected as the new Mayor for 2004-2005.



City Clerk Linda Little then opened the floor for nominations for the office of Deputy Mayor for 2004-2005.



Motion by Byrne, second by Bane, to appoint Councilor Manilla 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 Manilla was selected as the Deputy Mayor for 2004-2005.



OATH OF OFFICE FOR MAYOR AND DEPUTY MAYOR 2004-2005:



City Clerk Linda Little administered the Oath of Office for the Mayor and Deputy Mayor for the 2004-2005 term.



APPROVAL OF MINUTES: Minutes of the regular meeting on June 15, 2004, were approved as

printed.

CORRESPONDENCE:



Mayor Justice thanked Delegates for notification of Budget Digest requests for 2004.



PUBLIC HEARING-AN ORDINANCE AMENDING A LEASE BETWEEN TAILWINDS, INC. & THE CITY 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.



UNFINISHED BUSINESS:



AN ORDINANCE AMENDING A LEASE BETWEEN TAILWINDS, INC & THE CITY AT THE AIRPORT: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND TAILWINDS, INC. (LESSEE) AS IT PERTAINS TO THE LEASING OF ADDITIONAL SPACE, BY LESSEE, AT THE MORGANTOWN MUNICIPAL AIRPORT.

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



BOARDS AND COMMISSIONS:



By acclamation, Paul Steel was appointed to the Traffic Commission and Ernest Fortuna was reappointed to the Parking Authority.

PUBLIC PORTION:



Gennie Kent, 451 Brockway Avenue, complimented Council and spoke against BOPARC beer sales.



Simone O'Hara, 515 Clark Street, spoke about garbage and parking problems.



John Duarte, 460 Grove Street, spoke of long term and short term options for garbage.



Terri Cutright, Main Street Morgantown, spoke about the Downtown Walking Tour.



Mayor Justice requested that Paul Sunyak introduce his journalism class.



SPECIAL COMMITTEE REPORTS:



Councilor Manilla mentioned a meeting with landlords and developers about the permit process.

NEW BUSINESS:



AN ORDINANCE AMENDING SECTIONS OF THE HEALTH AND SANITATION CODE: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AMENDING SECTIONS 1139.01, 1139.05, 1139.08, 1139.111 1139.12, AND 1139.15 AND DELETING THE CURRENT SECTION 1139.11 OF THE CITY OF MORGANTOWN'S HEALTH AND SANITATION CODE, AS THE SAME APPLY TO SOLID WASTE COLLECTION.



After discussion, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion by Spencer to amend items 2 and 3 of Section 1139.11 of the Ordinance, died for lack of a second. The Rules were suspended to allow Jeff Brown, from BFI, to answer questions. Main motion carried 6-1. (Spencer voted NO).



AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE REALTY FROM MCCOY 6 IN THE FOURTH WARD: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE BY DEED, REALTY FROM MCCOY 6 APARTMENTS LIMITED LIABILITY COMPANY SAID REALTY CONSISTING OF PARCELS 394, 395, 396, 397, 403, 404, 404.1, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 520, 521, 526, 527, 528, 543, AND 544 ON MAP 20 IN THE FOURTH WARD OF THE CITY OF MORGANTOWN.



After discussion, motion by Bane, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.



AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY AND AIR MIDWEST, INC. FOR USE OF THE AIRPORT FACILTIES: The following entitled Ordinance was presented for first reading:



AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND AIR MIDWEST, INC., REGARDING THE USE OF MORGANTOWN MUNICIPAL AIRPORT FACILITIES.



After discussion, motion by Byrne, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.



RESOLUTION TO APPROVE THE 2004-2005 BUDGET FOR THE MORGANTOWN MUNICIPAL AIRPORT: The above entitled Resolution was presented for Council's approval.



After discussion, motion by Byrne, second by Miller, to pass the above entitled Resolution. Motion carried 6-1. (Spencer voted NO).



RESOLUTION ON CITY BOARDS, COMMISSIONS AND AUTHORITIES: The above entitled Resolution was presented for Council's approval.



After discussion, motion by Spencer, second by Bane, to pass the above entitled Resolution. Motion to amend with a new Resolution by Spencer. Motion died for lack of a second. Main motion failed 1-6. (Spencer voted YES).



RESOLUTION TO SUBMIT THE NECESSARY PAPERWORK TO OBTAIN $20,000.00 FOR THE WV RAPTOR REHABILITATION CENTER: The above entitled Resolution was presented for Council's approval.



Motion by Miller, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.



RESOLUTION AUTHORIZING THE CITY MANAGER TO RECEIVE AND ADMINISTER DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT FUNDS FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES: The above entitled Resolution was presented for Council's approval.



Motion by Miller, second by Bane, to pass the above entitled Resolution. Motion carried 7-0.



APPROVAL OF A POLICY FOR MEMORIALS FOR THE CITY OF MORGANTOWN: The above entitled Policy was presented for Council's approval.



After discussion, motion by Spencer, second by Bane, to pass the above entitled Policy. Motion to table by Scafella, second by Miller. Motion to table carried 7-0.



CITY MANAGERS REPORT:



INFORMATION:



Item No. 1:

The United States Census Bureau has reported that the estimated population for the City of Morgantown as of July 1, 2003, is 27,969. This is an increase of 1,086 from July 1, 2000, making Morgantown the fastest growing City in West Virginia.



Item No. 2:

I am pleased to report that Governor Wise has announced a $112,000 Drug and Violent Crime Control Grant to the City of Morgantown. Funds will be used for the multi-jurisdictional drug and violent crime task force. Award of this grant is strong testimony to the professionalism of area law enforcement agencies.



NEW BUSINESS:



Item No. 1:

Attached you will find bid results for Police and Fire Department uniforms. I agree with the comments of LT Scott and CPT Graham and recommend that the contract be awarded to WV Uniforms of Charleston, WV.



Motion by Byrne, second by Bane, to award the contract to WV Uniforms. Motion carried 7-0.

Item No. 2:

The second attachment is a request from BOPARC for a Fair Permit to allow beer sales as part of an annual Softball Dance to be held July 23, 2004, at the Ice Rink. The BOPARC Commissioners have approved this event.



After discussion, motion by Miller, second by Byrne, to approve the request for the one day only. Motion carried 7-0.



Item No. 3:

The third attachment is from West Virginia Radio Corporation and is also a request for a Fair Permit to support the 11th Annual Chicken Wing Cook-Off to be held August 21, 2004, at the Mountaineer Mall. The Ronald McDonald House will receive the proceeds from the event.



Motion by Byrne, second by Miller, to approve the Fair Permit. Motion carried 7-0.



Item No. 4:

The last attachment is another request from BOPARC for $10,000 in Capital Escrow Account funds to support the continuing development of Dorsey's Knob. Given the merits of this initiative, I recommend that the request be approved.



Motion by Bane, second by Spencer, to approve BOPARC's request for $10,000 to support the continuing development of Dorsey's Knob. Motion carried 7-0.

CITY CLERK'S REPORT:



No Report.

CITY ATTORNEY'S REPORT:



No Report.

REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane thanked Engineering for Lambert Street progress and noted the White Park paving looks great.



Councilor Manilla: Councilor Manilla thanked Council, commented on Madeline's dumpster problems, and addressed the proposed Charter amendment about the City Clerk's residency.



Councilor Scafella: Councilor Scafella urged that the new Police Chief address that student parties be kept in compliance with the ordinance and advised of the Stewart Street water problem caused by a development that was solved by a blacktop ridge.



Councilor Miller: Councilor Miller thanked Ms. O'Hara for her thoughts on trash and up-ended trash cans and commended Terri Cutright for the historical walking tour.



Councilor Byrne: Councilor Byrne welcomed South Hills neighbors, mentioned drainage problems in yards, South Point road work being done, truck traffic, and organization needed for amending state law for local police working with the ABCC.



Councilor Spencer: Councilor Spencer mentioned newspaper articles on "non-attainment" EPA status and hard copies from electronic voting machines; Greer Limestone trucks in the city; and requested the second quarter code enforcement infraction report. Councilor Spencer asked about operation of the Oak Grove Cemetery and the next Sunnyside Up meeting and commented on the July 4th celebration.



Mayor Justice: Mayor Justice thanked Council, listed future meetings, and mentioned the July 4th celebration.





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

10:00 p.m.









_____________________________ __________________________________

City Clerk Mayor



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