REGULAR MEETING OCTOBER 2, 2001:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, October 2, 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.
The meeting was called to order by the Mayor.
APPOINTMENT FOR FIRST WARD VACANCY:
Mayor Scafella read a letter from Bob Losh removing his name from being considered for the First Ward Council Seat.
City Clerk Linda L. Little then administered the oath of office to newly appointed First Ward Councilor Ron Bane.
APPROVAL OF MINUTES: Minutes from the regular meeting on September 18, 2001, were approved as printed.
CORRESPONDENCE:
Councilor Byrne mentioned letters he received from Paul Meleady and Mrs. Newlon in reference to the dangerous, heavy truck traffic on Rt. 7 and requesting the City enforces speeding and safety laws.
Mayor Scafella requested the City Manager to address this issue in his report.
Councilor Merow also received Mrs. Newlon's letter and commented on the soot deposited on the houses.
Mayor Scafella introduced Dorcas K. Harbert, State Flag Chair, who presented flag pins to Captain Max Humphreys, Fire Department, and Lt. Terry Hess, Police Department, on behalf of the Zackquill Morgan Chapter of the Daughters of the American Revolution.
Mayor Scafella read a proclamation for National Arts and Humanities Month and presented it to Meghan King-Johnson, C.B. Wilson, and Paul Taylor.
Mayor Scafella read a proclamation for Lights on After School Day and presented it to Lynn Sobolov.
Mayor Scafella read a proclamation for National Business Women's Week.
Mayor Scafella remarked that the exterior maintenance code has been sent to the State for a recommendation and it will not be taken up before a reply comes back.
PUBLIC HEARING-AMEND ZONING SECTION 19 (E)(5) AS THE SAME APPLIES TO HOME OCCUPATION FAMILY DAY CARE CENTERS:
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-REZONING A PARCEL OF REAL ESTATE IN SEVENTH WARD FROM (R-1) SINGLE FAMILY RESIDENCE TO (B-1) BUSINESS DISTRICT:
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-AUTHORIZING A RIGHT-OF-WAY/EASEMENT AGREEMENT WITH SELLARO ENTERPRISES, INC.:
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:
CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING ZONING SECTION 19 (E)(5) AS THE SAME APPLIES TO HOME OCCUPATION FAMILY DAY CARE CENTERS: The following entitled ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 19(E)(5) OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO HOME OCCUPATION FAMILY DAY CARE CENTERS; WHICH WOULD ALLOW ONE NON-RESIDENT OF THE HOUSEHOLD TO BE EMPLOYED ONSITE TO SUPERVISE CHILDREN.
Motion by Miller, second by Byrne, to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE REZONING A PARCEL OF REAL ESTATE IN SEVENTH WARD FROM (R-1) SINGLE FAMILY RESIDENCE TO (B-1) BUSINESS DISTRICT: The following entitled ordinance was presented for second reading:
AN ORDINANCE REZONING A PARCEL OF REAL ESTATE IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE-FAMILY RESIDENCE TO (B-1) BUSINESS DISTRICT CLASSIFICATION BY AMENDING SECTION 13 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
Motion by Byrne, second by Manilla, to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY/EASEMENT AGREEMENT WITH SELLARO ENTERPRISES, INC.: The following entitled ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A RIGHT OF WAY/EASEMENT AGREEMENT BY AND BETWEEN SELLARO ENTERPRISES, INC., (GRANTOR) AND THE CITY OF MORGANTOWN (GRANTEE) AS THE SAME APPLIES TO LAND FOR SIDEWALK CONSTRUCTION.
Motion by Byrne, second by Justice, to adopt the above entitled ordinance. Motion carried 7-0.
PUBLIC PORTION:
Sam McCormick, WVU Student Sierra Club President, requested a community garden at the Riverfront between the Exxon station and the lock.
Kent Williamson, 63 Charleston Avenue, asked Council to table the resolution terminating the realty lease with Mon. Recycle.
Joe Chico, 301 Hillcrest Street, gave Council informational packets and a reply to a letter from the City Manager, Dan Boroff. He read his written reply and part of Mr. Boroff's letter.
Cindy Frich, 1248 Bakers Ridge Road, commented on the Transportation Committee meeting and Beechurst sidewalks right-of-way.
Mayor Scafella asked Ms. Frich for a question of fact and he will respond under special committee reports.
Andrew Modzik, 1557 Folger Avenue, said that he did not receive a letter and therefore could not comment.
City Manager Dan Boroff replied that Mr. Modzik's letter was mailed the same day as Mr. Chico's.
Hayward Helmick, Vice-Chair of Solid Waste Authority, reported why the Mon. Recycle lease was requested to be terminated.
SPECIAL COMMITTEE REPORTS:
Mayor Scafella reported that the last Transportation Committee had a procedural focus. Mayor Scafella went on the record as saying, "I am not for closing meetings to the public, but I think that committee is concerned that, if everything is done in a public forum, that there will be difficulty in completing its work." He reported the next meeting date. Merow asked," if they couldn't conduct business meetings and have a public portion like we have for Council Meetings." Mayor Scafella commented, " that is a good idea."
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE TO AMEND SECTION 1139.111 0F THE HEALTH AND SANITATION CODE: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 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 DISTRICTS.
After discussion, motion by Miller, second by Justice, to approve the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH THE UNITED STATES OF AMERICA FOR OPERATION OF AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AT THE AIRPORT: The following entitled ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND THE UNITED STATES OF AMERICA (LESSEE) AS THE SAME APPLIES TO UNITED STATES OPERATION OF AN AUTOMATED SURFACE OBSERVING SYSTEM (ASOS) AT THE MORGANTOWN MUNICIPAL AIRPORT.
After discussion, motion by Byrne, second by Merow, to approve the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF FIRST READING OF 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 Byrne, second by Miller, to approve the above entitled ordinance to second reading.. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION TERMINATING A REALTY LEASE WITH MON RECYCLE: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Miller, to approve the above entitled resolution. Motion carried 7-0.
CITY MANAGER'S REPORT:
INFORMATION:
ITEM NO. 1:
As discussed earlier, the proposed exterior maintenance code amendment has been forwarded to the State for review and comment. As soon as the City receives the reply, the ordinance will be placed on Council's agenda for consideration.
ITEM NO. 2:
Trucks are causing some serious problems in residential areas along Rt. 7. After talking with Greer, the truckers are not employees of Greer but independent truckers contracted for these services. Greer has tried to influence the time, the routes, the gearing down, etc. to mitigate this. A lot of this business is seasonal and will diminish with the weather.
ITEM NO. 3:
As is true nationwide, the airport's traffic has fallen off causing financial problems. Commercial air services have asked the City to defer landing fees, rents, and other service charges for a three-month period. The good news is that National Airport will be re-opening. Service in Morgantown is directly tied to USAir.
ITEM NO. 4:
On Thursday morning, December 19, the City of Morgantown will be participating in the relay of the Olympic torch --- starting from Olympia, Greece, across the Atlantic Ocean to the United States, across the continent on its way to Salt Lake City, Utah, for the Winter Games. This coming Thursday, October 4, at 12:00 p.m., the City will be announcing those local runners who will be part of that relay. They and their families have been invited to a public ceremony at the Amphitheater at McQuain Park where the Deputy Mayor will announce who these individuals are. We encourage the public and media to join in the celebration. Each individual was carefully selected on the basis of competitive nomination. Their individual stories of inspiration are what qualified them to participate.
NEW BUSINESS:
ITEM NO. 1:
Attached you will find a description of a proposed special event to be part of Municipal Government Week on Thursday, October 25th, 2001, at Hazel Ruby McQuain Park. A Town Meeting with coffee, hot chocolate, cookies, flags, and an open agenda for one hour could be an important, informative event to discuss recent National issues and how they have affected Morgantown and/or any other issues of concern. The Staff is prepared to organize the event given Council's direction [SPECIAL NOTE: Staff members to include Airport Manager, Police Chief, Fire Chief, and others could be present as well].
Motion by Miller, second by Manilla, to have a special event for Municipal Government Week at Hazel Ruby McQuain Park. Motion carried 7-0.
ITEM NO. 2:
The second attachment reports bid results for salt to treat City streets this winter. Although the cost has increased by 20 percent, I concur with the Public Works Director's comments and recommend that the contract be awarded to the low bidder International Salt Co. for $41.27 per ton.
After discussion, motion by Justice, second by Merow, to award the salt contract to International Salt Co. for $41.27 per ton and place cinders on the COW. Motion carried 7-0.
ITEM NO. 3:
The third attachment is the Fire Chief's proposal to acquire a Fire/Rescue Boat for a cost of $68,501 from Boston Whaler Commercial and Governmental Products Inc. I agree with his comments and recommend that the acquisition be effected.
After discussion, motion by Justice, second by Merow, to acquire a Fire/Rescue Boat for $68,501.
ITEM NO. 4:
The last attachment is the Olympic Torch Relay Services Agreement that was discussed at the recent Committee of the Whole Meeting. Based upon the extraordinary opportunity this event delivers to the City, I recommend that it be approved.
Motion by Byrne, second by Merow, to approve the Olympic Torch Relay Services Agreement. Motion carried 7-0.
ITEM NO. 5:
There is a request from West Virginia University to use the public right-of-ways to install optic fiber communication lines starting from the main campus and running along University Avenue to the new Administration Building. These easements are usually done in the form of an ordinance, but that would take over a month to put into effect and they do have a contractor available now. There is a provision in State law to grant these things on an administrative basis and I ask for Council's concurrence.
After discussion, motion by Justice, second by Merow, to approve West Virginia University's request to use public right-of-ways for communication lines. Motion carried 7-0.
CITY CLERK'S REPORT:
Dorcas Harbert also provided flag pins for Council and each city employee in memory and honor of the lives lost on September 11.
STAFF ATTORNEY'S REPORT:
No report.
REPORT FROM COUNCIL MEMBERS: (Reverse Order)
Councilor Merow: Councilor Merow reported that the Morgantown Community Network meetings will begin no later than the first of the year. Councilor Merow congratulated Mr. Bane.
Councilor Byrne: Councilor Byrne commented on Mr. Chico's presentation and urged resolving this issue. Councilor Byrne endorsed Mr. McCormick's community garden idea and welcomed Ron Bane.
Councilor Justice: Councilor Justice welcomed Councilor Bane and mentioned a report to the City Manager about a Jackson St. issue. Councilor Justice noted there were couches in the street in front of Central School last weekend and that Boulder, Colorado has used our ordinance as a model. Councilor Justice encouraged Councilors to be at the Traffic Commission meeting Wednesday at 6:30. Councilor Justice noted that 'Roger's Beauty Spot' in 5th Ward could use volunteer labor. Councilor Justice requested the Public Meeting time be changed to 5:30 and Council agreed. Councilor Justice requested that naming of the Fire Boat be on the COW.
Councilor Miller: Councilor Miller thanked Council for their support on the childcare ordinance and thanked Lynn Sobolov for afterschool work and everyone who works with children. Councilor Miller announced the Coalition for Social Justice picnic October 7 at White Park. Councilor Miller welcomed Ron Bane and noted the soil is not good at the proposed community garden site.
Councilor Manilla: Councilor Manilla noted that Mr. McCormick's community garden idea is a good thing and welcomed Councilor Bane.
Councilor Bane Councilor Bane thanked Council and commented on resolution of the Folger Street issue.
Mayor Scafella: Mayor Scafella explained that the City Manager will update Councilor Bane and that Council has a good working relationship. Mayor Scafella welcomed Councilor Bane and former Councilor Cordwell.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:15 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.