REGULAR MEETING November 8, 2000:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Wednesday, November 8, 2000, at 7:30 p.m.



PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok, Jeff Mikorski, Assistant to the City Manager and Councilmembers Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, Bill Byrne and Betty McClain.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on October 17, 2000 were approved as printed.

CORRESPONDENCE:



Mayor Scafella welcomed Professor Sunyak's WVU journalism class this evening.



Mayor Scafella read a proclamation encouraging everyone to participate in Random Acts of Kindness Week, November 6-13, 2000, in spreading kindness and practicing respect, generosity, patience, and consideration of others at all times.



Mayor Scafella also read a proclamation proclaiming November 15, 2000, as American Recycles Day in the City of Morgantown and encouraged all citizens to join the nationwide effort to make more efficient use of natural resources by maximizing recycling, buying recycled products and preventing waste.



Mayor Scafella mentioned a letter that he received from Governor Underwood congratulating Morgantown on being named the #1 City in America.



Mayor Scafella received a letter from the Superintendent of Schools thanking the Council for making them part of the cities' fiber loop to enable them to broadcast activities.



Mayor Scafella read a letter from Nancy J. Treat, President, Monongalia County Planning Commission, thanking Council for their support. President Treat looks forward to working with the City in developing the future of Morgantown.



Mayor Scafella read a letter from Senator Robert C. Byrd advising the City that both the U.S. Senate and U.S. House of Representatives have recently passed the 2001 Transportation and Related Agencies Appropriations bill, and included in this measure is $6.5 million for the replacement of the Star City Bridge.

PUBLIC HEARING-AUTHORIZING AGREEMENT BETWEEN THE AIRPORT AND TRUS JOIST, SALE OF TIMBER:



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

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



PUBLIC HEARING-AMENDING ANNULLING A 15' RIGHT OF WAY BLOCK 9 OF THE SABRATON ADDITION IN THE FIFTH WARD:



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

Rich Pineault, 1151 Richwood Avenue, thanked Council for their support on this, for he is the one who bought the property.

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



UNFINISHED BUSINESS:



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE AIRPORT & TRUS JOIST REGARDING THE SALE OF TIMBER: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND TRUS JOIST, A WEYERHAEUSER BUSINESS, REGARDING THE SEVERANCE AND SALE OF TIMBER SITUATE ON REALTY KNOWN AS THE MORGANTOWN MUNICIPAL AIRPORT



After discussion, motion by Bloom, second by Salucci to adopt the above entitled ordinance. Motion carried 6-1. (Councilor Justice Abstained).



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE ANNULLING A 15' RIGHT OF WAY IN THE SABRATON ADDITION: The following entitled ordinance was presented for second reading:

AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 15' RIGHT-OF-WAY EXTENDING ALONG A PORTION OF ALLEY B AND RUNNING A DISTANCE OF APPROXIMATELY ONE HUNDRED AND TWENTY FEET ABUTTING LOTS 26, 27, AND 28 OF BLOCK 9 OF THE SABRATON ADDITION, IN THE FIFTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES

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

PUBLIC PORTION:

Michael Bonford, new resident of the area, said that he is a commuter cyclist and commented that the Mon. Trail is great but asked if the City could check into developing some alternative transportation for those of use who like to cycle. Mr. Bonford stated that there is a need for a link between the rail-trail and the city and, we need to get people out of their cars. Mr. Bonford invited Council and the community to join in with the 20-30 cyclists that meet the 3rd Thursday of every month.



Frank Ferrell, 26 Outlook Street, asked Council how long members of the Transit Authority Board serve; whether the members are paid and how much. He also asked if the City was involved in the development of the Drunk Bus, which was criticized in an Editorial that the City could be spending their money in other ways. Mr. Ferrell also commented there are still some street signs missing, and that the new computerized light system still needs some work. Mr. Ferrell also commented that the Police Department is enforcing no right on red, but people are still doing it. Mr. Ferrell then mentioned that the dog bite incident on College Avenue involving a WVU student that had to have 100 stitches was awful, and the City needs to amend the dangerous dog ordinance so this does not happen again.



SPECIAL COMMITTEE REPORTS:

Mayor Scafella mentioned that the Airport Committee will meet on November 9th at 7:30 a.m.



NEW BUSINESS:



CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE BETWEEN THE AIRPORT AND BRANT MOTORSPORTS, INC.: The above entitled ordinance was pulled from the agenda to make some adjustments to the lease.

CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE BETWEEN THE AIRPORT AND AIR CORP. SERVICES, INC.: The above entitled ordinance was pulled from the agenda to make some adjustments to the lease.



CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE BETWEEN THE AIRPORT AND A C EXPRESS, INC.: The above entitled ordinance was pulled from the agenda to make some adjustments to the lease.



CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING THE PERSONNEL RULES: The following entitled ordinance was presented for first reading:



AN ORDINANCE AMENDING THE PERSONNEL RULES OF THE CITY OF MORGANTOWN.

After discussion, Councilor Bloom felt that this type of decision should only be done during budget sessions, and we also need to do a reclassification of the Clerk job description, but he does not agree in doing that at this time. Councilor Byrne commented that Ms. Little does an excellent job and is a good ambassador for the City and I agree that she deserves a raise, but will be voting No on the personnel ordinance itself due to some of the logistics. Councilor Miller commented that the Clerk has to live in the City Limits and has been trying to find a home in the City on the income she is given. Councilor Miller feels it is wrong that the City has a requirement like this. Councilor Bloom commented that the reason we give a pay increase is changes to the job description, not whether they can live inside the city or not. Councilor Miller motioned to amend the personnel rules by adding $2.00 an hour to the City Clerk's pay, which would make it $16.90 an hour, second by McClain. Motion carried 6-1. (Councilor Bloom Voted No).



Councilor McClain commented that she can't vote for this ordinance as it is now set up. We do not have a Department of Human Resources. The grievance process in this city goes from the worker to the supervisor. If it can't be settled there, it goes to and is settled by the City Manager. There is no neutral person in between who can assess and advise the worker, as far as I can see. Councilor Byrne questioned the personnel board and asked what were their thoughts on this ordinance. City Manager responded that they were given copies of the ordinance in early October and asked to forward changes and suggestions prior to the Council meeting. None have been received. Councilor McClain also requested to know what the qualifications were of the three members that are serving on the personnel board and do they have any background in personnel matters. Councilor Byrne questioned the wording at-will, and felt it was kind of strong wording. City Attorney Steve Fanok commented that this wording added into this ordinance is just following the state law. After more discussion, motion by Salucci, second by Justice to pass the above entitled ordinance to second reading. Motion carried 4-3. (Councilors Bloom, Byrne & McClain Voted No).

CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING APPLICATION FOR AND ADMINISTRATION OF GRANT FUNDS FOR THE MORGANTOWN BUSINESS AND PROFESSIONAL WOMEN FOR THEIR CHOICES PROGRAM: The above entitled resolution was presented for Council's approval:

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

CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ADMINISTRATION OF GRANT FUNDS FOR THE METROPOLITAN THEATRE PRESERVATION FOUNDATION: The above entitled resolution was presented for Council's approval:



After discussion, motion by Justice, second by McClain to adopt the above entitled Resolution. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE APPLICATION FOR AND ADMINISTRATION OF GRANT FUNDS FOR RUBY MEMORIAL HOSPITAL-ROSENBAUM FAMILY HOUSE FOR THE NEEDED ADDITIONS: The above entitled resolution was presented for Council's approval:



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

CITY MANAGER'S REPORT:



INFORMATION:



ITEM NO. 1:



A very special presentation will be made to the City Thursday morning, November 9th, at 11:00 a.m. at the Gateway to the Caperton Trail in the Wharf District. I encourage everyone to attend along with the media and general public. In the event of bad weather, the event will be held at the same time and date in City Council Chambers.



ITEM NO. 2:

City Manager Dan Boroff responded to Mr. Ferrell's question, stating that the Transit Authority Members serve a three-year term, and are paid a minimal amount which is guided by state law, and the Drunk Bus idea was funded through Federal Grants as a safety measure for the students; in reference to the traffic light system it has two subparts and there are still adjustments to be made.



NEW BUSINESS:



ITEM NO. 1:



Attached you will find the Annual State Reports for the Police and Fire Pension Funds. As you will read and as we have discussed, both of these programs have serious financial concerns [compare benefits paid to total revenues]. It may very well be that, if there are no changes in State law, the City may have to consider supplemental contributions to these funds beyond the 40-year actuarial standard and the State requirements.



After discussion, motion by Justice, second by Bloom, to send the Police and Fire Pension Funds reports to the state. Motion carried 7-0.



ITEM NO. 2:



The second attachment summarizes Fire Department bids for breathing apparatus. Based upon the results, I recommend that the contract be awarded to the low bidder, Dill's Fire and Safety Equipment, Inc. for $31,378.40.



Motion by Byrne, second by Miller, to award the breathing apparatus contract to Dill's Fire and Safety Equipment for $31,378.40. Motion carried 7-0.



ITEM NO. 3:



The third attachment reports the bid results for the new Public Works street sweeper. As per the Director's comments, I recommend the contract be awarded to the low bidder that met the specifications - WV Tractor for the Elgin Geo-Vac with the 2000 Sterling Chassis at a cost of $125,000 with trade-in.



After discussion, motion by Salucci, second by Byrne, to award the Elgin Geo-Vac contract to WV Tractor at $125,000. Motion passed 7-0.



ITEM NO. 4:



The last attachment also reports bid results for budgeted Public Works vehicles. Again, as per the Public Works Director's comments, I make the following recommendations:



Motion by Miller, second by Bloom, to award the bids for Public Works vehicles to Matheny Motors. Motion passed 7-0.

CITY CLERK'S REPORT:



City Clerk Linda Little thanked Council for their support and comments this evening. It was very much appreciated.



STAFF ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS:



Councilor Salucci: Councilor Salucci asked about using unmarked, seized, cars to help spot the traffic violations being complained about. Councilor Salucci requested an update on the Airport fencing suit. The City Manager replied that it will be in court tomorrow morning at 10:00.



Councilor Bloom: Councilor Bloom agrees with Mr. Ferrell that North High St. needs monitored. Councilor Bloom noted that the physical scars of a dog bite will go away, but not the mental scars. People need to be in control of their dogs.

Councilor Miller: Councilor Miller noted that even living in Dream City if you live next door to 5 pit bulls, it can be dangerous. The City Manager replied that the reason that two of the dogs were out was because someone had broken into the house. Neither dog was a pit bull. Councilor Miller thanked the gentlemen for the information on mass group cycling. The parking situation has improved. Councilor Miller welcomed the journalism students and asked for assistance with couch fires. She suggested public commendation for those helping in the 7th Ward house fire.



Councilor Justice: Councilor Justice stated that since the attacks of the dogs he has been flooded with calls and there is a fear in that neighborhood of the dogs. Councilors have turned in complaint forms. Nothing is getting resolved. Councilor Justice requested the COW to look at this. Councilor Justice replied to Mr. Ferrell that the benefit of the late night bus is for student safety and the lack of available cabs. It is paid for through a grant and will be funded by downtown businesses and the fare box. It was modeled after Iowa State. Anyone can use it.



Councilor Byrne: Councilor Byrne was asked to speak to Paul Sunyak's class and requested information from Chief Fetty. Councilor Byrne was amazed at the number of fires reported. We spent a lot of time on the dangerous dog ordinance and echoed Councilor Justice's opinion that the fine should be $500 per animal.



Councilor McClain: No Report.



Mayor Scafella: Mayor Scafella noted that as the City Manager pointed out, the dogs may be destroyed. Mayor Scafella asked the City Manager to put a proposal together for contracting service for video-taping all types of meetings and events. The Transit Authority appointment will be made on November 21st. Mayor Scafella has also asked the City Manager for a cost estimate of planting flowers, not just seeds, and having them tended through the summer and fall in the Beechurst Area. Councilor Miller responded that the Beautification Commission is looking at this. Mayor

Scafella responded this would be professionally contracted out.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:40 p.m.







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City Clerk Mayor