REGULAR MEETING AUGUST 17, 2004:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 17, 2004, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant City Manager Jeff Mikorski, and Council Members Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Don Spencer. (City Attorney Steve Fanok Absent).



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes of the special meeting & regular meeting on August 3, 2004, were approved as printed.

CORRESPONDENCE:



Mayor Justice mentioned an e-mail about Hurricane Charley and cities offering assistance.



PUBLIC HEARING-AN ORDINANCE AMENDING A LEASE AGREEMENT WITH TAILWINDS, INC. 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 SECTIONS 363.08(b), (c) AND (e), OF THE TRAFFIC CODE AS APPLIES TO PARKING METER RATES AND OVERTIME FINES:



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



Milton Cohen, 1060 Ross Street, opposed the ordinance saying, "It is illegal to transfer public monies to pay for a private garage" and spoke about Charter violations.



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

Mayor Justice explained that it is a public garage for public use, that he could speak against the Resolution during the Public Portion, and requested Mr. Arnold to expound on the ordinance.



UNFINISHED BUSINESS:



AN ORDINANCE AMENDING A LEASE AGREEMENT WITH TAILWINDS, INC. 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 MORGANTOWN MUNICIPAL AIRPORT.



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



AN ORDINANCE AMENDING SECTIONS 363.08(b), (c) AND (e), OF THE TRAFFIC CODE AS APPLIES TO PARKING METER RATES AND OVERTIME FINES: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTIONS 363.08(b), 363.08(c) AND 368.03(e) OF ITS TRAFFIC CODE AS THE SAME APPLIES TO PARKING METER HOURLY RATES AND OVERTIME PARKING FINES.



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



BOARDS AND COMMISSIONS:



By acclamation. Tim Terman, Brent Bailey, Betty Gheza, Jonathan Cumming, Steven McBride, and Bill McDonald were reappointed to the Beautification Commission.



PUBLIC PORTION:



Citizen commented that this Council are the elected officials the citizens chose to serve the people and they are doing a good job.

Alex Messiora, 127 Linnehurst Street, presented traffic problems in the Sabraton area of the 6th Ward.



Jerry Lorenze, Owner of Euro-Suites, 501 Chestnut Ridge Road, noted they would lose 12 to 15 parking spaces if a turning lane is built on 705 for Van Voorhis Road.



Pat Martin, BB&T, objected to a turning lane on Chestnut Ridge Road for Van Voorhis Road.



Milton Cohen, 1060 Ross Street, commented on the Charter and the parking Resolution.



Mayor Justice requested the City Manager to discuss the 6th Ward situation and Councilor Byrne also added comments.

SPECIAL COMMITTEE REPORTS:



No Reports.

NEW BUSINESS:



AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled Ordinance was presented for first reading:



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



Motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.



RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DIVISION OF HIGHWAYS WITH REGARD TO THE ESTABLISHMENT OF RULES, REGULATIONS, AND RESPONSIBILITIES GOVERNING U.S. 119 WHICH IS LOCATED IN THE CITY OF MORGANTOWN: 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 7-0.



RESOLUTION AUTHORIZING AN AGREEMENT WITH THE DIVISION OF HIGHWAYS WITH REGARD TO THE ESTABLISHMENT OF RULES, REGULATIONS, AND RESPONSIBILITIES GOVERNING WV 705 WHICH IS LOCATED IN THE CITY OF MORGANTOWN: The above entitled Resolution was presented for Council's approval.



Motion by Miller, second by Byrne, to pass the above entitled Resolution. After discussion, motion by Manilla, second by Byrne, to table the Resolution. Motion carried 7-0.



RESOLUTION TO ADMINISTER A GRANT CONTRACT OF $2,500 FOR THE WEST VIRGINIA BOTANIC GARDEN ACCESS ROAD: The above entitled Resolution was presented for Council's approval.



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



RESOLUTION TO INCREASE MONTHLY PERMIT PARKING RATES IN OFF-STREET PARKING FACILITIES: The above entitled Resolution was presented for Council's approval.



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



CITY MANAGERS REPORT:



INFORMATION:



Item No. 1:

Many of you were able to attend a very successful West Virginia Municipal League Conference hosted on the Riverfront of Morgantown. I heard a lot of favorable comments from council-members, mayors, city managers, clerks, and folks from all across West Virginia about the remarkable development going on here in Morgantown. It was just a real good session all the way around. City Clerk Linda Little did nominate the City of Morgantown for a very prestigious award given annually by the Municipal League recognizing significant achievements by West Virginia municipalities. Morgantown did win the All Star Community Award in the Enrichment category based on the Downtown Business Improvement Districts and the continuing development of the Riverfront. I appreciate Linda nominating the City and also the Municipal League for recognizing these investments in such a positive, affirmative way with all of our peers from across West Virginia.

Item No. 2:

Linda Little also nominated Mayor Justice for an even more prestigious award which the Municipal League did make in recognizing him as Mayor of the Year for the entire state of West Virginia. This is significant in that Morgantown is the only city in West Virginia that has had two mayors recognized. Former Mayor Charlene Marshall won this award in 1994 and now Mayor Ron Justice. That speaks very strongly and confidently about the leadership available in this community. This award acknowledges the Mayor's work concerning involvement in the Metropolitan Theatre, the Dorsey's Knob acquisition and development, and other projects and investments Downtown, and particularly his effective work with the leadership in State government and the returns that it has brought the City. We congratulate him on a very well deserved award.



Item No. 3:

Recently Senators Byrd and Rockefeller announced a grant award of $4,300,000 to start construction of an extended safety area for the main runway at the Airport. This is proposed to be the first phase of a three year project that will total $10,000,000 and could lead to extending the main runway itself by 1,100 feet. In accepting this grant, the City is very appreciative of its Congressional Officials and their support of the City of Morgantown.



CITY CLERK'S REPORT:



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



CITY ATTORNEY'S REPORT:



Absent.

REPORT FROM COUNCIL MEMBERS:



Councilor Bane: Councilor Bane thanked MUB and Engineering for Ross Street curbing and the corrected problems on Lambert Avenue, and noted volunteers are still needed for the triathlon.



Councilor Manilla: Councilor Manilla mentioned Hurley Street light rumors and asked about annexing Trinity High School and property in that area.



Councilor Scafella: Councilor Scafella requested speeding patrols on Willowdale and time-lines for the work on Willowdale and the Stewart Street sidewalk; noted the baskets of flowers are beautiful on the Trail and a 17th century cabin found during construction on Tyrone Road. Councilor Scafella said the Mayor is working to get the cabin moved to Dorsey's Knob, requested $1,500 for the short term, and e-mail from Barbara Rasmussen for grant match.

Due to the very short time limit, motion by Scafella, second by Bane, to approve $1,500 from the Capital Escrow Account to move and rebuild the cabin.



Councilor Scafella gave a reminder of the bus tour of 4th Ward & Evansdale rental properties and noted that he is preparing past articles used for the R-1A ordinance.



Councilor Miller: Councilor Miller observed that violence is increasing with alcohol as a factor and asked for the new Police Chief to attend the COW, and offered congratulations to the City and the Mayor for the awards.



Councilor Byrne: Councilor Byrne stated that the bridge is out at the bottom of Willowdale with no detour signs; Certificate of Compliance withholding has to be a public health issue, not as suggested for trash problems; thanked MUB for drainage work in 6th Ward; and noted that development outside the City impacts residents and proposed a meeting about Trinity High construction.



Councilor Spencer: Councilor Spencer commented on transportation considerations and a high school without an access road, the relationship between the DOH and cities, insurance pooling with WVML, non-attainment area designation, parking lot planning, public marina design, the appearance of election signs and regulations, and gave kudos to the Mayor and the City Clerk.



Mayor Justice: Mayor Justice stated that Historic Landmarks is overseeing the cabin project; congratulated BOPARC for Skate Park opening; gave an update on Dorsey's Knob; noted the CVB announced a World Class Triathlon for next year; and thanked Linda Little & BOPARC for WVML Conference. Mayor Justice is humbled by the award: thanked mentors, stated he works with very good people, and thanked Manilla for stepping in.

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

9:20 p.m.







_____________________________ __________________________________

City Clerk Mayor



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