REGULAR MEETING OCTOBER 4, 2005:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 4, 2005, at 7:30 P.M.

PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda 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 from the regular meeting on September 20, 2005, were approved as printed.

City Clerk Little administered oaths for Fire Department promotions to Capt. Jay Bolyard, Lt. Robert Cover and Lt. Kenneth Tennant. Fire Chief Fetty asked their respective wives to pin their badges on them.

CORRESPONDENCE:

Mayor Justice read and presented proclamations for Identity Theft Day and Lights on Afterschool; announced the Annual Light the Night Walk; and read a letter from the Town of Masontown thanking Mike Stone for his help.

PUBLIC HEARING-AN ORDINANCE AMENDING PARKING HOURS ON ELMINA STREET:

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 public hearing closed.

PUBLIC HEARING-AN ORDINANCE AMENDING AN ORDINANCE PROVIDING COMPENSATION FOR MEMBERS OF THE COMMON COUNCIL:

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

Chris Willis, 2040 University Avenue, asked about annual increases in compensation.

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

UNFINISHED BUSINESS:

AN ORDINANCE AMENDING PARKING HOURS ON ELMINA STREET: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING THE PARKING HOURS ON ELMINA STREET, BETWEEN OVERDALE STREET AND LYNDHURST STREET WITHIN THE SOUTH PARK DESIGNATED PARKING DISTRICT.

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

AN ORDINANCE AMENDING AN ORDINANCE PROVIDING COMPENSATION FOR MEMBERS OF THE COMMON COUNCIL: The following entitled Ordinance was presented for second reading.

AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE PROVIDING COMPENSATION FOR MEMBERS OF THE COMMON COUNCIL OF THE CITY OF MORGANTOWN".

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

BOARDS AND COMMISSIONS:

By acclamation, Anna Marlene Robinson was appointed and David Straface reappointed to the Building Commission. Mayor Justice explained that a current member of the BOPARC Board is ill and they will not allow an interim appointment. With Council's concurrence, Mayor Justice will serve until such time as that individual could come back to be interviewed at a special meeting. Motion by Byrne, second by Scafella, to appoint Mayor Justice. After discussion, by acclamation, Mayor Justice was appointed to the BOPARC Board.

PUBLIC PORTION:

There being no appearances or objections, Mayor Justice declared this public portion closed.

SPECIAL COMMITTEE REPORTS:

Mayor Justice announced the grand opening of the Dorsey Knob Lodge and the Solid Waste Ad Hoc committee meeting; Councilor Spencer announced a public hearing for the Tree Board ordinance and a Solid Waste Task Force policy recommendation, requesting both be on the COW agenda; and discussed the Household Hazardous Waste Collection; Councilor Scafella spoke of the BOPARC Senior Center working on an alumni list and football parking; Councilor Bane advised of the Leadership Monongalia mock council meeting.

NEW BUSINESS:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH FLIGHT SOURCE, LLC, AT THE AIRPORT: The following entitled Ordinance was presented for Council's approval.

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND FLIGHT SOURCE, LLC, LESSEE, REGARDING THE LEASE OF BUSINESS SPACE AT THE MORGANTOWN MUNICIPAL AIRPORT.

After the City Manager's explanation, motion by Byrne, second by Miller, to pass the above Ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $1,000 GRANT FOR THE MORGANTOWN FUN FACTORY FOR SECURITY AND SAFETY FEATURES: The above entitled Resolution was presented for Council's approval.

Motion by Byrne, second by Scafella, to approve the above Resolution. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $5,000 GRANT FOR THE WEST VIRGINIA RAPTOR REHABILITATION CENTER PAVILION : The above entitled Resolution was presented for Council's approval.

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

CONSIDERATION OF APPROVAL OF A RESOLUTION TO ADMINISTER A $10,000 GRANT FOR THE MORGANTOWN COMMUNITY KITCHEN FOR EQUIPMENT AND FLOORING: The above entitled Resolution was presented for Council's approval.

Motion by Byrne, second by Miller, to approve the above Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

In response to Mr. Willis, we should routinely make Council compensation a part of the budget process.

NEW BUSINESS:

Item No. 1:

Attached you will find an assignment concession agreement transferring a lease agreement at the Morgantown Airport from Marjon, Inc. (Hertz System Licensee) to The Hertz Corporation (a Delaware Corporation). By this action, the City will allow a rental car business to continue in operation at the Airport under the terms and conditions of the existing lease agreement.

Motion by Byrne, second by Bane, to approve the new lease. Motion carried 7-0.

Item No. 2:

The City has received a $10,000 budget request from Health Right to help fund general operating expenses (mitigate a shortfall created by a State grant reduction). Typically the City processes requests of this size in February of each year as part of the budget process. Given the nature of the request though and funds available, I recommend that $2,000 be granted from the Capital Escrow Account Contingency.

Health Right withdrew this request.

CITY CLERK'S REPORT:

No Report.

CITY ATTORNEY'S REPORT:

ABSENT.

REPORT FROM COUNCIL MEMBERS:

Councilor Bane: Councilor Bane noted calls about excessive parties, street requests, and vandalism.

Councilor Manilla: Councilor Manilla complimented WVU and the City on the planning for the VA Tech game.

Councilor Scafella: Councilor Scafella advised that some of Betty McClain's pictures were displayed in Charleston (one won an award); observed that bus ridership is up 30% and requested that Transit meetings be televised.

Councilor Miller: Councilor Miller requested the bus to Charleston be moved up; has a list of debris on power lines; and reported unleashed dogs.

Councilor Byrne: Councilor Byrne welcomed the Masters Social Work students, requested the status of the DOH review of the truck ordinance and announced the South Hills NA picnic.

Councilor Spencer: Councilor Spencer commended the Farmers' Market; advised of BOPARC work for Suncrest Lake mini-park and Wiles Hill (volunteers needed); asked if the MUB meeting is still scheduled and described the CALTRAN training CD.

Mayor Justice: Mayor Justice congratulated Councilor Scafella on the Wiles Hill article and the Met Theatre Foundation for their fund-raising event; gave Jeff Mikorski the new Land and Water grant application and discussed the WV Walks program.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:30 p.m.

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City Clerk Mayor

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