REGULAR MEETING DECEMBER 17, 2002:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, December 17, 2002, at 7:15 P.M.
PRESENT: Mayor Ron Justice, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant City Manager Jeff Mikorski, City Attorney Steve Fanok and Councilmembers Ron Bane, Jim Manilla, Frank Scafella, Teresa Miller, Bill Byrne, Florence Merow.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on December 3, 2002, were approved as printed.
CORRESPONDENCE:
Councilmembers presented Terrific Kids of the Month certificates to Woodburn Elementary students.
Terri Cutright, Main Street Director, introduced new downtown businesses: Cellular One, D. Ludwig Galleries -antiques, and Urban Eats.
Mayor Justice commented on proclamations for the Governor's Seat Belt Challenge Months and Morgantown High School State Championships for the football team and the girl's cross country team.
Mayor Justice noted a letter looking for a distinctive unit insignia for a museum, one for a special meeting of the Region VI Local Elected Officials and the Executive Board, forwarded a letter from the State Human Rights Commission to Councilor Miller, and noted dates for the MPO plan of action and draft have been advanced.
Mayor Justice welcomed Chinese Municipal Government members from Shanghai and Tanjin.
PUBLIC HEARING - ABANDONING ELMER PRINCE DRIVE, A ROADWAY BEING FORTY-FIVE (45) FEET IN WIDTH AND RUNNING A DISTANCE OF APPROXIMATELY SIX HUNDRED AND FIFTY FEET (650').
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 hearing closed.
UNFINISHED BUSINESS:
AN ORDINANCE ABANDONING ELMER PRINCE DRIVE, A ROADWAY BEING FORTY-FIVE (45) FEET IN WIDTH AND RUNNING A DISTANCE OF APPROXIMATELY SIX HUNDRED AND FIFTY FEET (650'): The following entitled Ordinance was presented for second reading:
AN ORDINANCE ABANDONING ELMER PRINCE DRIVE, A ROADWAY BEING FORTY-FIVE (45) FEET IN WIDTH AND RUNNING A DISTANCE OF APPROXIMATELY SIX HUNDRED AND FIFTY FEET (650'), IN THE FOURTH WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA.
After discussion, motion by Merow, second by Scafella, to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Robert Hawkins was reappointed to the BZA; Graham Kenneweg was appointed to the Traffic Commission; and Mary Templeton, Barbara Rasmussen and Teresa Miller were reappointed to the Planning Commission.
PUBLIC PORTION:
Milton Cohen, 1060 Ross Street, spoke about his naval career, the award for engineering services for the Clay Street project, and read from the charter.
After 7 minutes, Mr. Cohen was ruled out of order.
Don Spencer, 565 Harvard Avenue, was concerned about the closing of the floor to the public at the MPO meetings.
Fred Wyant, 516 Westwood Avenue, had questions about a city employee using city equipment for personal reasons.
SPECIAL COMMITTEE REPORTS:
Mayor Justice noted that a Public Portion will be on each agenda of the MPO beginning in February.
NEW BUSINESS:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH TAILWINDS, INC. TO LEASE SPACE TO OPERATE A RESTAURANT AT THE AIRPORT: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND TAILWINDS, INC. (LESSEE) AS IT PERTAINS TO TAILWINDS, INC. LEASING SPACE TO OPERATE A RESTAURANT AT THE MORGANTOWN MUNICIPAL AIRPORT.
After discussion, motion by Scafella, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT WITH MORGANTOWN AREA ECONOMIC PARTNERSHIP TO LEASE SPACE AT THE AIRPORT: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN (LESSOR) AND MORGANTOWN AREA ECONOMIC PARTNERSHIP (LESSEE), AS IT PERTAINS TO THE LEASING OF OFFICE SPACE FROM THE CITY OF MORGANTOWN AT THE MORGANTOWN MUNICIPAL AIRPORT.
Motion by Bane, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
A RESOLUTION DESIGNATING THE METROPOLITAN PLANNING ORGANIZATION FOR THE MORGANTOWN-MONONGALIA COUNTY AREA . The above entitled Resolution was presented for Council's approval:
After discussion, motion by Bane, second by Scafella, to pass the above entitled Resolution. Motion carried 7-0.
A BID AWARD FOR ENGINEERING SERVICES TO HORNOR BROTHERS ENGINEERS FOR THE CLAY STREET PROJECT IN THE AMOUNT OF $42,000.00.
The above Bid Award was presented for Council's approval:
After discussion, motion by Scafella, second by Miller, to pass the above Bid Award. Motion carried 7-0.
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No. 1:
In response to Mr. Wyant, the individual has been invoiced for about $273 using the published rate of schedule for charging other entities. That individual is responsible to the City Manager and I have taken the appropriate actions to ensure it does not happen again. As a courtesy, I did communicate with Council all the particulars involved in that situation.
Item No. 2:
On December 10, 2002, Governor Wise presented the City with a TEA-21 grant in the amount of $265,000 for the Wharf District. With this award, $900,000 is available to replace storm water lines and effect street scape improvements along Clay Street. In making the award, the Governor noted that River Front development in Morgantown is one of the bigger success stories in West Virginia generating $200,000,000 in private sector investments. For the grants that have supported this development, the City is very appreciative of the State and the Governor.
Item No. 3:
Pike Associates has just recently completed an Actuarial Valuation for the non public safety employees pension program. Like all retirement programs across the country, this one has suffered because of poor returns on investments that have increased this program's unfunded liability from $99,421 to $1,037,991. Although not good, this program still remains fundamentally sound with its obligations funded in excess of 90% (80% is considered acceptable). As a result of this study, the City will be obligated to increase its employer contribution from 5.31% of payroll to 6.39% in the new fiscal year.
NEW BUSINESS:
Item No. 1:
The City has also received Annual Reports for Firemen's and Policemen's Pension Funds for the past fiscal year. Dismal. Unlike the fund above, these funds are respectively funded at 23.5% and 47.6% of obligations. The principal reason for this is the ratio of benefits paid and revenues deposited. The following chart depicts the contrasts:
Department Benefits Paid Revenues Deposited
Fire $910,222 $603,938
Police 844,089 724,691
The above factors coupled with poor market investment opportunities define a fiscally wrecked program even though it is being funded at approximately 15% of payroll. As noted numerous times, the remedy rests with changing State laws - it is the State that mandates benefits and funding levels and obviously they are not working. If changes are not made, in 25 years retirement funding for these two programs could easily be 100% of payroll. The City will continue to work on improving this situation. During the interim, I recommend that Council approve the attached reports so that Morgantown qualifies for the measure of State assistance that is available.
After discussion, motion by Byrne, second by Miller, to approve the Annual Reports for Firemen's and Policemen's Pension Funds for the past fiscal year. Motion carried 7-0.
CITY CLERK'S REPORT:
No Report.
CITY ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS (Reverse Order):
Councilor Merow: Councilor Merow commented on Suncrest Middle School 8th graders receiving the highest West Virginia middle school score in the International Knowledge Contest and they were ranked 61st out of the field of 851 middle schools world wide.
Councilor Byrne: Councilor Byrne gave assurance that there will be public participation written into the MPO bylaws.
Councilor Miller: Councilor Miller commented on things working by the rules and the Planning Commission discussion on demolishing property in the Wharf District since it is also a historical district. Councilor Miller encouraged people to participate in First Night Morgantown and thanked Karen Kelly-King for heading it.
Councilor Scafella: Councilor Scafella defined the MPO as a county-wide planning organization and commented on public participation at the MPO. Councilor Scafella remarked on yellow lines for Grove Street and a mirror on Falling Run Road. Councilor Scafella noted the charter prohibits Councilors going to city employees for any matter without the city manager's approval.
Councilor Manilla: Councilor Manilla noted e-mail about the Webster Street intersections, requested Edgewood Drive be patrolled for basketball games, and questioned the roll call order. Councilor Manilla explained that the city manager works for Council; the employees work for the city manager and he could fire them all.
Councilor Bane: Councilor Bane said Grove Street is very important, noted the balance between the historic district and economic development, passed around a picture of vendor trucks parking on the sidewalk and requested no right turn on red from North High Street.
Mayor Justice: Mayor Justice thanked the library staff for the opening of the Garlow House, BOPARC for the lights and future Dorsey Knob open house. Mayor Justice noted the death of Hu Vandervort and his impact on the Dorsey Knob project. Mayor Justice recapped positive things from the past year.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:26 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.