REGULAR MEETING FEBRUARY 20, 2001:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 20, 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, City Attorney Steve Fanok and Council Members Frank Salucci, Greg Good, Teresa Miller, Bill Byrne, and Betty McClain. (Ron Justice Absent).
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting and regular meeting on February 6, 2001 were approved as printed.
CORRESPONDENCE:
No correspondence.
PUBLIC HEARING-COMPENSATION OF ELECTION OFFICIAL:
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 SECTION 105.42 WHICH APPLIES TO EXPENSES: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 105.42 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO COMPENSATION OF ELECTION OFFICIALS AND OTHER EXPENSES.
Motion by Salucci, second by Byrne, to adopt the above entitled Ordinance. Motion carried 6-1. (Councilor Justice Absent).
PUBLIC PORTION:
Danette Constantino, 2052 Puritan Street, thanked Council for sponsoring the Mason Dixon Festival and suggested that next year possibly have someone to sing Almost Heaven West Virginia.
Richard Little, 613 Callen Avenue, seconded the comments made by Ms. Constantino about the Mason Dixon Festival. Mr. Little also mentioned that the Riverfront is a wonderful place to have activities and requested that the City continue to keep that area clean of garbage and debris. Mr. Little stated that the Ice Festival that was held last week was also very nice.
Frank Ferrell, 26 Outlook Street, presented to Council a memo on the Length of City Council Meetings in 1999 and 2000 and the number of speakers during the public portion. Mr. Ferrell noted that 31 out of 48 City Council Meetings during 1999 and 2000 ran between 1 & 2 hours, while 9 meetings ran 2 hours or more, 8 meetings ran exactly 1 hour or less, and the longest meeting in the 2-year period was 2 hours and 15 minutes. Mr. Ferrell also pointed out that during that period there were 4 or less speakers. Mr. Ferrell requested that Council take a look at the 3 minute rule and change it to 5 minutes per speaker to give citizens a longer time to speak. Mr. Ferrell also reminded Council of the comment that Florence Merow stated at the Candidate Forum on Saturday, "Elected Officials aren't your masters, we're your servants," or perhaps stated another way, ..."if you don't want to listen to the people, then perhaps you should get off City Council." Mr. Ferrell then mentioned that, it was stated in the Dominion Post, there is the possibility that the City Employees will be getting a 4% raise this year, and City workers are certainly deserving of an increase in pay. Mr. Ferrell commented that a new method of calculating pay raises annually might better serve the Morgantown residents in the future; my fear is that eventually this present practice might get the City in financial trouble.
Milton Cohen, 1060 Ross Street, questioned how the Fire Department is going to pay for all the equipment needed to handle a fire on a 17 story building at the Wharf District. Mr. Cohen commented that this Riverfront Development is going to cost millions; the City will have to hire more Police Officers and Firefighters, and will have problems with traffic and parking. Mr. Cohen stated that by Council moving forward with these projects is called taxation without representation, it is just absolute tyranny.
SPECIAL COMMITTEE REPORTS:
Mayor Scafella informed Council that there will be an Airport Committee Meeting on Thursday, February 22, 2001 at 7:30 a.m. at the Airport Conference Room.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF AMENDING A LEASE BETWEEN THE CITY & WEST VIRGINIA BOTANIC GARDEN: The following entitled ordinance was presented for first reading:
The following entitled Ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE AMENDMENT OF A LEASE BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND WEST VIRGINIA BOTANIC GARDEN, LESSEE, AS THE SAME APPLIES TO THE LEASE TERM.
After discussion, motion by Miller, second by Salucci, to pass the above entitled Ordinance to second reading. Motion carried 6-1. (Councilor Justice Absent).
CITY MANAGER'S REPORT:
NEW BUSINESS:
ITEM NO. 1:
The first attachment is the City Engineer's recommendations for the 2001 Street Resurfacing Program. $300,000 is available for this project. Given the existing conditions of the streets, traffic volumes, and importance to the overall street system, I recommend that the list be adopted.
After discussion, motion by Miller second by Byrne, to approve the City Engineers recommendations for 2001 Street Resurfacing and Paving Program. Motion carried 6-1. (Councilor Justice Absent).
ITEM NO. 2:
The second attachment reports on the Request for Qualification issued for the Hazel Ruby McQuain Park Project and the negotiated scope of work and fees. Based upon these materials, I recommend that the design contract be awarded to Alpha Associates, Inc. for a cost not to exceed $45,000 [total project cost $450,000].
Motion by Byrne, second by McClain, to award the contract for Hazel Ruby McQuain Park project to Alpha Associates, Inc., for a cost not to exceed $45,000. Motion carried 6-1. (Councilor Justice Absent)
ITEM NO. 3:
The last attachment reports information for the Rail Trail Project similar to the second attachment [RFQ and scope of work/fee]. Based upon this attachment, I recommend the design contract be awarded to Greenhorne & O'Marra, Inc. for a cost not to exceed $31,400 [total project cost $300,000].
Motion by Salucci, second by Byrne, to award the design contract for the Rail Trail Project to Greenhorne & O'Marra for a cost not to exceed $31,400. Motion carried 6-1. (Councilor Justice Absent)
ITEM NO. 4:
As per Council's adopted schedule the proposed budget
documents are being presented for the FY2001-2002 by City Manager Dan Boroff. Mr. Boroff commented that nine years ago the cost for new capital improvements total collective value was zero. There was not a single dollar for special projects or improvements. Mr. Boroff estimated a $416,635 cash carryover. Business and occupation taxes are expected to increase slightly and are budgeted at more than $6 million, assuming a 3 percent growth factor. The additional B&O taxes generated by construction are expected to hold steady at near $1.2 million and are one-time moneys that won't recur annually. The City's street-paving will continue with at $300,000 budget and employees will receive a 4 percent cost of living raise. Other major improvements are planned throughout city departments, among them are fire, police and public works. Other funding amenities would be Metropolitan Theatre, BOPARC, Riverfront, Trail, sidewalk and bikeway projects and Mountain Line Transit Authority. The city should hold funds in reserve to deal with issues that arise. The contingency fund will get $376,642 in the general fund budget and $46,561 in the capital escrow account will leave a total of $423,203 in the city's contingency fund. As per Council's request we can have as many budget meetings as needed, but as per State Law the first reading of the budget will be on March 6, 2001, second reading and adoption on March 20, 2001 and then the budget is forwarded to the State Tax Office.
CITY CLERK'S REPORT:
City Clerk informed Council that according to the City Code 105.16 City Council is charged with appointing poll workers to conduct the election in each precinct in the City on April 24, 2001. A motion would be in order to approve the attached list and any replacements that may be necessary up to and including the day of the election. Jacques Williams (Republican) and Vaughn L. Kiger (Democrat) have been reappointed to serve with me on the Board of Ballot Commissioners pursuant to Section 105.10 of the City Code. Motion by Byrne, second by McClain, to approve the attached poll worker list and Board of Ballot Commissioners for the April 24, 2001 Election. Motion carried 6-1. (Councilor Justice Absent)
CITY ATTORNEY'S REPORT:
No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: Councilor Salucci mentioned that one of
the candidates for the Election already
has signs up and requested that the City Clerk send a memo to all candidates about the rules on political signs. City Clerk Linda Little responded by saying that, in the original packet of information, the memo on political signs was given to all candidates.
Councilor Salucci mentioned the time to speak at meetings, how about signing up ahead of time and if we don't have a lot of people speaking Council could increase the time. Councilor Miller commented that she appreciates Mr. Ferrell and his comments, but we did have a public hearing on this 3 minute rule and not very many people showed up to talk about it. Council must keep order and not allow anyone to monopolize a meeting. Councilor Salucci suggested moving the public portion to the beginning of the meeting to let more people speak earlier in the evening. Mayor Scafella noted this topic has been taken up repeatedly over the past 9 years and quoted from the Local Elected Officials Handbook about time limits. Mayor Scafella stated that very few people are cut off after 3 minutes. The Mayor explained the prerogative of the Chair in extending discussion.
Councilor Good: Councilor Good focused on walkability in Morgantown. Crosswalks need to be put back in after paving. Some are inadequately prepared. Enforcement of and education about crosswalks are also needed. Sidewalks are a shared responsibility in most cities. Citizens are responsible for snow clearing and building as per State Code. Councilor Good is concerned about sidewalks out of repair and dangerous. On Grand Street there has been a large hole for 8 months. Councilor Good asked that citizens or property owners repair their sidewalks and that the City educate the public. Councilor Good suggested the City enforce sidewalk repairs and that Council review City codes on sidewalks. The Roanoake Valley Greenways website he found on the web is an oversight inter-governmental committee; inter-governmental cooperation will be needed for the Rail/Trail in the future.
Councilor Miller: Councilor Miller and others returned from the WV Municipal League meeting. Some attended a workshop on creating an inclusive community. Watch public spaces and sidewalks, be alert and call if repairs are needed and let us know. Councilor Miller spoke about a book "Steps Toward an Inclusive Community", about Clarksburg, WV. The Municipal League is an organization of cities that come together on a bi-annual basis. Councilor Miller was shocked at how bad it is for the other cities, including Charleston. Councilor Miller reports we are blessed to have what we have and commended the City Manager.
Councilor Justice: ABSENT
Councilor Byrne: Councilor Byrne requested the City Manager update the status of revisions of the smoke alarm ordinance. The City Manager replied that it should be on the COW in February. Councilor Byrne formally requested that Mike Manypenny be appointed to the umbrella group for the Solid Waste Issues to address recycling and hazardous waste issues.
Councilor McClain: Councilor McClain responded to Mr. Ferrell about the length of time for City meetings. "This is how we work: 4 days before a meeting we get a packet and can call back and forth with questions and by the time we get to Council we know what we are voting on. We have done our homework and are ready to vote." At the Municipal League Meeting, Councilor McClain learned the Legislature is going to be doing a lot of changes because, federally, the EPA is pressing the States for Storm Water Management and would like it to be handled by a city's Waterworks Dept. Councilor McClain is glad MUB will be handling this as it is a strong, knowledgeable department.
Mayor Scafella: Mayor Scafella clarified Councilor McClain's comments by saying we do not know how we are going to vote coming into Council Chambers but have studied the issues ahead of time. Housekeeping issues are pretty cut and dried but there is ample debate on issues, also.
Mayor Scafella submitted the invoice from Butch Lee for the logo. The logo represents the BizJournal.com's designation of Morgantown as a Dream City. The logo could be used for a banner or flag. The amount of the invoice is $2000. After discussion, motion by Miller, second by Byrne, to pay the invoice from the contingency fund. Mayor Scafella responded to Mr. Cohen's comments about the Planning Dept. We have a professional planner and staff and our fire equipment is within codes for a 17 story building.
ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:25 p.m.
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City Clerk Mayor