REGULAR MEETING OCTOBER 16, 2001:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 16, 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 Ron Bane, Jim Manilla, 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 October 2, 2001, were approved as amended.

CORRESPONDENCE:



Councilor Bane mentioned that the Police Department is needing volunteers for the Police Reserves. Anyone that is interested can call Officer Snyder at the City of Morgantown Police Department.

Councilor Manilla read a letter from Elizabeth Warnick about speeding cars on Willowdale Road.



Mayor Scafella announced that Linda Craig, Fire Fee Clerk for the City of Morgantown, was selected Woman of the Year for 2001 by the Morgantown's Business & Professional Woman Club.



Mayor Scafella read a proclamation observing the month of October, 2001, as Domestic

Violence Awareness Month.



Mayor Scafella read a proclamation for Municipal Government Week and urged all citizens to join City Council on October 25th, 2001 at the Hazel Ruby McQuain Amphitheater for a Town Meeting, in an effort to promote understanding of government in their communities.



PUBLIC HEARING-AMENDING ARTICLE 1139.111 PERTAINING TO USE OF GARBAGE BAGS & PLACEMENT OF GARBAGE:



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



Frank Ferrell, 26 Outlook St., questioned if an exemption for using cans was needed if a daily pickup exemption form is on file.



Mr. Graham Kenneweg, 263 Willowdale, mentioned that he filed for an exemption from daily pickup and has not heard from the officer yet.



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

PUBLIC HEARING-LEASE AGREEMENT WITH UNITED STATES OF AMERICA FOR ASOS SYSTEM AT 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-APPROVE CURRENT REPLACEMENT PAGES TO THE CITY CODE:



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 AMENDING ARTICLE 1139.111 HEALTH & SANITATION CODE USE OF GARBAGE BAGS & PLACEMENT OF GARBAGE: The following entitled ordinance was presented for second reading:



AN ORDINANCE AMENDING ARTICLE 1139.111 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO USE OF GARBAGE BAGS AND PLACEMENT OF GARBAGE AT CURBSIDE IN CERTAIN DESIGNATED AREAS.

After explanation by the City Manager and discussion, motion by Miller, second by Bane, to adopt the above entitled ordinance. Motion carried 7-0.

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE USA FOR AN ASOS AT THE AIRPORT: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR OPERATION OF AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AT THE AIRPORT.

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



AN ORDINANCE APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled ordinance was presented for second reading:



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



Motion by Byrne, second by Manilla, to adopt the above entitled ordinance. Motion carried 7-0.



BOARDS AND COMMISSIONS:



Motion by Councilor Merow to appoint Sharon Semans as the 6th Ward representative to the Traffic Commission. Motion passed by acclamation.



Motion by Councilor Justice to appoint Chris Haddox to fill the 5th Ward position on the Traffic Commission. Motion passed by acclamation.



After discussion of the Building Commission position, the City Clerk will provide a job description to Council.



PUBLIC PORTION:



Bill Pennington, Wiles Hill Community Center Board, requested a zoning ordinance amendment to allow part of the old Wiles Hill School to be used as a community center and presented a written memorandum to Council.



After discussion, motion by Byrne, second by Miller, to send the issue to the Planning Commission. Motion passed by acclamation.



Bill Warnick, 817 Willowdale Rd., spoke regarding the stop sign issue on Willowdale Road.



Mayor Scafella replied that Willowdale Road proposals will be on the next COW.



Pintu Patel, Friend's Inn owner, commented on tailgating behavior at an open lot on St. Joseph Street. Mr. Patel passed around pictures and left the pictures and a video.



Frank Balint, owner of 437 Harding Ave., noted the behavior has been going on for years in the wide open lot.



Paul Meleady, 55 Beech St., noted that truck pollution is a nationwide problem, not just a Sabraton issue. Mr. Meleady clarified that most of the noise and pollution problems are from improper maintenance.



Graham Kenneweg, 263 Willowdale Rd., remarked on safety issues and driver rudeness on Willowdale Road.



Frank Ferrell, 26 Outlook St., gave a handout to Council and spoke on a proposed fraternity house on Locust Avenue.



City Attorney Steve Fanok replied that he would research the issue and respond in writing.



Councilor Justice commented that the fraternity house would have six or less occupants.



Del McIntyre, WVU Student Government Association Vice President, requested a lower speed limit and a speed bump on Maiden Lane.



Councilor Justice noted this is a University street and it will be brought to their attention.



SPECIAL COMMITTEE REPORTS:



Councilor Miller reported that she has been waiting on the State Human Rights Commission to contact her in reference to meeting on redeveloping Morgantown's Human Rights Commission. Councilor Miller informed Council that she is going to go ahead and have a meeting with those people that are interested in the Human Rights Commission and report back to Council and then meet with the State Commission at a later date.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF A RESOLUTION STATING THE REASONABLE EXPECTATION OF THE CITY OF MORGANTOWN TO REIMBURSE THE CITY FOR CAPITAL EXPENDITURES IN CONNECTION WITH THE PLANNING, DESIGN, SITE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A NEW PARKING GARAGE MADE PRIOR TO THE ISSUANCE OF TAX-EXEMPT REVENUE BONDS: The above entitled resolution was presented for Council's approval:



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



CONSIDERATION OF APPROVAL OF A RESOLUTION OF COMMITMENT TO THE PRINCIPLE OF TOLERANCE AND URGE ALL CITIZENS OF MORGANTOWN, A CITY OF GREAT CULTURAL DIVERSITY, THAT IN THEIR PROFOUND GRIEF AND UNDERSTANDABLE ANGER, TO AVOID UNFAIR DISCRIMINATION AND STEREOTYPING OF PERSONS WHO BELIEVE IN ISLAM OR PERSONS OF ARAB OR MIDDLE EASTERN HERITAGE: The above entitled resolution was presented for Council's approval:



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



CITY MANAGER'S REPORT:



INFORMATION:



ITEM NO. 1:



The City has received the complaints about the truck noise and pollution. We have talked to Greer Industries, and the State Department of Highways. It is a truck route and they are entitled to use it. I have also asked the Police Department to be particularly mindful of speeding trucks, excess noise and unsafe equipment. Also, under your direction, the City Attorney has been researching an ordinance to prohibit the use of engine brakes within the City limits. I am hopeful this will be on the Committee of the Whole agenda at the end of this month.



ITEM NO. 2:



The Federal Emergency Management Agency has announced that it is awarding the City $34,425 in grant funds for the Morgantown Fire Department. This is a brand new program and Morgantown is one of the earlier recipients from a very competitive group of applicants. The funds will be used for a pilot, physical fitness program.



NEW BUSINESS:



ITEM NO. 1:



Attached you will find a memo from the Public Works Director reporting bid results for a new end loader and a price quote for a reconditioned fork lift. I concur with her comments and recommend that the fork lift bid be awarded to State Equipment, Inc. for $72,401 and the fork lift purchased from Jefford's, Inc. for $9,500.

SPECIAL NOTE: I further recommend that the $100,099 savings in these actions be held in escrow pending the outcome of the Amphitheater Roof and Park Restroom bid and a storm water treatment initiative being developed by MUB.



Motion by Byrne, second by Merow, to award the end loader bid to State Equipment, Inc. for $72,401 and the fork lift bid to Jefford's, Inc. for $9,500.



ITEM NO. 2:

The second attachment is the 2001 Annual Pension Report for the Police and Fire Departments for your approval. As previously discussed, these pensions present the most immediate, serious financial liability of the City in the order of $14,000,000. The City will continue to pursue changes in State law and special initiatives to raise plan funding levels to at least 70% from the current 27% for the Fire Department and 50% for the Police Department.



Motion by Miller, second by Manilla, to approve the 2001 Annual Pension Reports for the Police and Fire Departments.



ITEM NO. 3:

The last attachment is a Notice of Intent to file a TEA 21 Grant Application for the last phase of the Wharf District Public Improvements. This recommendation is based upon the intent of the program; the merits of the project; availability of funds; and alignment with State priorities. The full application will be submitted at the beginning of next year.



After discussion, motion by Justice, second by Miller, to approve the TEA 21 Grant Application for the Wharf District with an amendment to move $25,000 from the Paving Fund to Main Street Morgantown to fund business recruitment and retention on High Street. The funding is contingent upon a full explanation by Terri Cutright at the Committee of the Whole. Motion carried 7-0.



CITY CLERK'S REPORT:

No report.



STAFF ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS :



Councilor Bane: Councilor Bane asked for the projected ending date to the South High Street Bridge Project and requested paving on Dorsey Lane.

The new date is the end of October, and Dorsey Lane is outside the city limits.



Councilor Bane thanked Mr. Meleady for his information and noted some of the people working on the Willowdale Road issue.

Councilor Manilla: Councilor Manilla believes the $25,000 for downtown recruitment is an excellent idea and mentioned the upcoming Town Meeting agenda.



Councilor Miller: Councilor Miller echoed Councilor Bane's comments on Willowdale Road and requested citizens to come to the COW with written comments. Councilor Miller commented on the Beechurst project.



Councilor Justice: Councilor Justice agreed with Councilor Bane that Willowdale is a priority and thanked Councilor Manilla for filling in at the BPW meeting. Councilor Justice replied to Mr. Ferrell and commented on the private investment going along with the Beechurst project and that it comes down to vision.



Councilor Byrne: Councilor Byrne commented on the Tolerance Resolution and downtown business retention. Councilor Byrne thanked Mr. Meleady and promised support for a jake brake ordinance.



Councilor Merow: Councilor Merow gave the origin of Main Street Morgantown and mentioned her monthly open citizens' meeting. Councilor Merow said something has to be done about the open party lot and asked why the Willowdale issue is taking so long. Councilor Merow remarked about speeding on Burroughs and Collins Ferry, a broken sidewalk by Friendship Manor, and that the Festival rides left because of unsanitary conditions left by the ducks and geese. Councilor Merow requested a status report on the closed BP station, compared the Beechurst and Burroughs sidewalks, and said that not one person has told her it was a good idea to widen the Beechurst sidewalks.



Mayor Scafella: Mayor Scafella commented on speed humps for Willowdale and why the process takes so long: open to the public- notifications, hearings at the Traffic Commission, then COW, then ordinance or resolution process- it takes months- modifications are made. Mayor Scafella remarked that the trucks are private trucks and more frequent fuel, engine, and equipment checks might be made. Mayor Scafella noted that Ali Baba's is moving across the street and that $500,000 has been thrown around for the Beechurst project. Mayor Scafella went over the history and budget process and the total amount is $250,000. The project is halfway done and is within the budget.



.

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 ARE AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.