REGULAR MEETING AUGUST 7, 2001:



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

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



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on July 17, 2001, were approved as printed.

CORRESPONDENCE:



Mayor Scafella read Guy Stewart's letter about flood aid.



Mayor Scafella presented proclamations to MUB and City employees that helped with recovery efforts.



Mayor Scafella read a letter from the National Federation of the Blind.

Mayor Scafella read a letter from Allie Beto about chewing gum on sidewalks.



Mayor Scafella announced that Michelle Lazzell of Morgantown is Mrs. West Virginia for 2001-2002 and signs will be going up in the city.



PUBLIC HEARING-LEASE WITH MARJON, INC. AT MUNICIPAL AIRPORT:



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



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



PUBLIC HEARING-LEASE WITH CHECKER LEASING, INC. AT MORGANTOWN AIRPORT:



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



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





PUBLIC HEARING-AMENDING FY 2001-2002 ANNUAL BUDGET:



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



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



UNFINISHED BUSINESS:



AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE AIRPORT AND MARJON, INC.: The following entitled ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE

CITY OF MORGANTOWN, LESSOR, AND MARJON, INC., LESSEE (A HERTZ SYSTEM LICENSEE), AS THE SAME APPLIES TO MARJON, INC. OPERATING AUTOMOBILE RENTAL SERVICES AT THE MORGANTOWN MUNICIPAL AIRPORT.



Motion by Byrne, second by Justice, to adopt the above entitled ordinance. Motion carried 6-0. (Salucci Absent).

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BETWEEN THE AIRPORT & CHECKER LEASING : The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND CHECKER LEASING, INC., LESSEE (d/b/a AVIS RENT-A-CAR SYSTEM), AS THE SAME APPLIES TO CHECKER LEASING, INC. OPERATING AUTOMOBILE RENTAL SERVICES AT THE MORGANTOWN MUNICIPAL AIRPORT.



Motion by Merow, second by Byrne, to adopt the above entitled ordinance. Motion carried 6-0. (Salucci Absent).



AN ORDINANCE AMENDING THE FY 2001-2002 BUDGET: The following entitled ordinance was presented for second 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 GENERAL FUND.



After explanation by the City Manager, motion by Byrne, second by Miller, to adopt a minor amendment adding $45 to the contingency account and $1,000 to capital escrow. Motion carried 6-0. (Salucci Absent).



Motion by Byrne, second by Manilla, to adopt the above entitled ordinance. Motion carried 6-0. (Salucci Absent).



Boards & Commissions Vacancies:

Patricia Stemple was appointed to serve as the 6th Ward representative on the Beautification Commission by acclamation. The 1st Ward, 2nd Ward, Urban Forester, Landscape Architect, BOPARC, Ex-Officio-Administration, and Councilmembers' positions were reappointed by acclamation.



Thelma Ford was reappointed to the Morgantown Housing Authority by acclamation.



PUBLIC PORTION:

Cindy Frich, Baker's Ridge, commented on the Star City Bridge and sidewalk grants.



John Duarte, 460 Grove Street, commented on crosswalk painting.



Fred Wyant, Businessman in Morgantown, commented on Beechurst beautification and sidewalks.

Joel Allen, VP, Hart Field Coalition, commented on development of a new Five Year Master Plan for Hart Field.



Jim Gaston commented on the Beechurst sidewalk project costs.

Mayor Scafella asked if Terry Hough would like to speak as a member of the public. She declined.



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



NEW BUSINESS:

CONSIDERATION OF APPROVAL OF AUTHORIZING THE AIRPORT TO LEASE INDIVIDUAL T-HANGERS: 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), 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 Byrne, second by Justice, to approve the above entitled ordinance. Motion carried 6-0. (Salucci Absent).



CONSIDERATION OF APPROVAL OF A RESOLUTION APPROVING THE MUNICIPAL AIRPORT BUDGET OF 2001-2002: The above entitled resolution was presented for Council's approval:



Motion by Byrne, second by Miller, to approve the above entitled resolution. Motion carried 6-0. (Salucci Absent).



CONSIDERATION OF APPROVAL OF A RESOLUTION THAT MORGANTOWN CITY COUNCIL WISHES TO EMPHASIZE THAT THE CITY OF MORGANTOWN EMPLOYEES ARE COVERED BY SECTIONS 6B-2-1 ET SEQ.OF THE WEST VIRGINIA CODE, GOVERNMENTAL ETHICS ACT: The above entitled resolution was presented for Council's approval:

Motion by Byrne, second by Justice, to approve the above entitled resolution. Motion carried 6-0. (Salucci Absent).



CITY MANAGER'S REPORT:

INFORMATION:



ITEM NO. 1:



I am very pleased to report that Jeff Mikorski has been appointed to the International City/County Management Association Task Force on E-Government. This is truly an international assignment working with cutting edge technologies as applied to government. This appointment speaks very highly of Jeff's background and achievements as well as the City of Morgantown in the tradition of the Best Small City in America.



ITEM NO. 2:



The Convention & Visitors Bureau had outside consultants study the city. Among all the positive things they mentioned, they also noted that Beechurst prejudices the perspective of the Downtown before you ever get there. City Council did deliberate and unanimously approved the Beechurst sidewalk project. The City Engineer has drawn the specifications for the sidewalks, curbs, and streetlights. The City knew it would be dealing with sewage lines underneath the sidewalk. There is also a situation at Third Street involving box culverts. People will be pleased when they see the final result.



NEW BUSINESS:



ITEM NO. 1:



As per discussions at the recent Committee of the Whole Meeting, I recommend that the following projects be funded from the Capital Escrow Account:



After discussion, motion by Justice, second by Byrne, to fund the Fire Department Rescue Boat, the Zoning Ordinance Update, and Networking City Hall Computers from the Capital Escrow Account. Motion passed 6-0. (Salucci Absent).



ITEM NO. 2:



Attached you will find the County Development Authority recommendations for the City Airport. As also discussed at the Committee of the Whole Meeting, I recommend that the City accept the plan and work closely with the Authority to see it implemented.



After discussion, motion by Byrne, second by Manilla, to accept the County Development Authority recommendations for the City Airport. Motion passed 6-0. (Salucci Absent).



ITEM NO. 3:



At your desk, you will find a request from the Morgantown Tree Board for matching funds of $5,000 for the WV Division of Forestry Demonstration City Grant. These tree initiatives have attracted a lot of favorable attention, not just in West Virginia, but on a regional basis. I recommend that a $5,000 match be provided from the Capital Escrow Account.



Motion by Miller, second by Byrne, to fund the $5,000 match for the WV Division of Forestry Grant. Motion passed 6-0. (Salucci Absent).



ITEM NO. 4:



Additional money is needed to finish refurbishing the WW II Veterans' Monument at the Norwood Fire Station. Additional names need to be added and more work is to be done. I recommend that up to $1,500 be authorized from the Capital Escrow Account to finish this project.



Motion by Byrne, second by Manilla, to fund the $1,500 to finish the Veterans' Memorial. Motion passed 6-0. (Salucci Absent).



CITY CLERK'S REPORT:



No report.



STAFF ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS: (Reverse Order)



Councilor Merow: Councilor Merow gave a history of the Charter Board. Councilor Merow is opposed to making major changes in the charter without citizen participation. Councilor Merow has been noticing weeds all over town and would like Council to consider stopping the Beechurst sidewalk project at Third Street. Councilor Merow was pleased by a report on the meeting with Commissioner Van Kirk.



Councilor Byrne: Councilor Byrne asserted he does not object to citizen participation but tonight was a waste of time - it was explained that after one objection, it had to go to the voters. Councilor Byrne agreed that Beechurst Ave. has some serious problems but the solution is very expensive and will be a long time in coming. This project begins a process; the City has invested in equipment to build our own sidewalks; the project is a good idea. Any improvement in Beechurst is worth it. Councilor Byrne mentioned the death of Carl Selinger of the Law School, two weeks ago.



Councilor Justice: Councilor Justice requested that the Shaw Place & Charles Ave. issue be put on the Traffic Commission. Councilor Justice is working with Councilor Byrne and Club 17 on the issue of gravel in the street. Councilor Justice had a request to remember to include Campus Drive in the Beechurst Avenue sidewalk project. Councilor Justice noted that some unregistered properties were found and that Beechurst is not just a sidewalk issue. A chronological event calendar for Beechurst will be prepared.

Councilor Miller: No report.



Councilor Manilla: Councilor Manilla agreed with Councilor Byrne on the charter issue. Councilor Manilla said the Beechurst Ave. project is a good idea but is worried about the cost and requested updates every few weeks.

Councilor Salucci: Absent.

Mayor Scafella: Mayor Scafella stated we have no lack of problems City-wide. Mayor Scafella requested a mirror for Protzman St. be on the Traffic Commission and also speeding on Willowdale Road. Mayor Scafella noted that some potshots were taken this evening instead of sharing views. Mayor Scafella remarked on the meeting with Secretary Van Kirk. During the meeting, Mr. Van Kirk pointed out that in the matter of basements along Beechurst - it may be three times the estimated cost of $10 million to widen the street. Mayor Scafella commented on Beechurst Avenue and that in 1992, we established trust as a Council by sharing information with everyone in the community.



EXECUTIVE SESSION: Councilor Miller motioned to go into Executive Session to discuss with the City Attorney present or pending litigation involving the City, which at this time is confidential in nature and not of a public record. Second by Byrne. Present: Councilmembers, City Attorney, and City Manager. Time 9:45 p.m.

REGULAR SESSION:



Council by unanimous consent went back into Regular Session at 9:50 p.m.



City Manager Boroff reported that a legal settlement was possible with Texas Commercial Fence to allow the Airport Fence Project to proceed.



Motion by Byrne, second by Miller, that the City make the settlement with Texas Commercial for a payment of $15,000. Motion passed 6-0. (Salucci Absent).



ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:55 p.m.





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City Clerk Mayor









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