REGULAR MEETING FEBRUARY 6, 2001:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 6, 2001, at 7:30 P.M.

City Clerk Linda Little, administered Greg Good his oath of office for appointment to the 2^nd ward Council seat until July 1, 2001.

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, Ronald Justice, Bill Byrne, and Betty McClain.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the special meeting & regular meeting on January 16, 2001, and the special meeting on January 30, 2001, were approved as corrected.

CORRESPONDENCE:

Denver Allen, Chair of the BOPARC Board, introduced the new Director John Skeel.

City Clerk Linda Little administered an oath of office to David Dzurnak for being promoted to the rank of Captain in the Morgantown Fire Department.

Mayor Scafella read a letter from Jo Corey, Public Relations Director, stating that WCHS-TV 8 in Charleston would like the citizens of Morgantown to help in locating unsung heros in their community to be nominated for the Jefferson Award.

PUBLIC HEARING-MEMORIALIZING THE NAME OF HAZEL RUBY MCQUAIN PARK:

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 MEMORIALIZING HAZEL RUBY MCQUAIN PARK: The following entitled Ordinance was presented for second reading:

AN ORDINANCE MEMORIALIZING THE NAMING OF HAZEL RUBY MCQUAIN PARK.

Motion by Salucci, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.

PUBLIC PORTION:

Frank Ferrell, 26 Outlook Street, congratulated Greg Good on

being appointed to City Council. Mr. Ferrell mentioned that the crosswalks in the downtown area need repainted. Mr. Ferrell commented that enforcement is the key to resolving the garbage problem. Mr. Ferrell then asked the Mayor if the garbage issue will be on the agenda soon.

Mayor Scafella responded that the proposed ordinance change will be on the COW agenda at the end of the month.

Frank Ferrell urged citizens to watch the Planning Commission meeting this month. There are some changes in the Wharf District, changing the area to a pedestrian B-4 district with the hopes that a parking garage will be built there.

Milton Cohen, 1060 Ross Street, commented that his 95-year-old body was inspired this week after doing research on the City Key that Morgantown City Council gave him. Mr. Cohen stated that by wearing this key he has a duty to be active and do something for the citizens and this will be more than a three minute report. Mr. Cohen remarked that John Wilfong's series on the Fire Department was excellent and the City needs to have an in-depth discussion about the cost of upgrading the Fire Department for the safety and lives of the citizens.

Mayor Scafella thanked Mr. Cohen for his comments and urged him to finish his comments. The mayor stated that by wearing the key to the City, he should know that rules must be followed.

Mr. Cohen responded by saying, "Now you just wait a minute, I am allowed to speak....."

Mayor Scafella asked Mr. Cohen to take his seat. He had been given two extra minutes.....

Mayor Scafella directed Lt. Hess to help Mr. Cohen take his seat.

SPECIAL COMMITTEE REPORTS:

Mayor Scafella reported that the Airport Committee is moving along and the next meeting is February 22 at 7:30a.m. at the Airport. Anyone that wishes to attend is welcome and Council is receiving the minutes and the agendas from those meetings.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF AMENDING SECTION 105.42 COMPENSATION OF ELECTION OFFICIALS: The following entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 105.42 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO COMPENSATION OF ELECTION OFFICIALS AND OTHER EXPENSES.

After discussion, motion by Justice, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 7-0.

CONSIDERATION 0F APPROVAL 0F A SUPPLEMENTAL RESOLUTION AS TO

PRINCIPAL AMOUNT, DATE, MATURITY DATE, REDEMPTION PROVISION, INTEREST RATE, INTEREST AND PRINCIPAL PAYMENT DATES, SALE PRICE AND OTHER TERMS OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2001 A (WEST VIRGINIA INFRASTRUCTURE FUND), OF THE CITY OF MORGANTOWN, APPROVING AND RATIFYING A LOAN AGREEMENT RELATING TO SUCH BONDS AND THE SALE AND DELIVERY OF SUCH BONDS TO THE WEST VIRGINIA WATER DEVELOPMENT AUTHORITY; DESIGNATING A REGISTRAR, PAYING AGENT AND DEPOSITORY BANK; AND MAKING OTHER PROVISIONS AS TO THE BONDS. The above entitled Resolution was presented for approval:

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

CONSIDERATION OF APPROVAL 0F A SECOND SUPPLEMENTAL RESOLUTION APPROVING THE PURCHASE OF A SURETY BOND FOR THE SERIES 2001 A BONDS RESERVE ACCOUNT, APPROVING THE EXECUTION AND DELIVERY OF A GUARANTY AGREEMENT, THE SUPPLEMENTATION OF THE ORDINANCE AUTHORIZING THE ORIGINAL ISSUANCE OF THE SERIES 2001 A BONDS AND MAKING OTHER PROVISIONS REQUIRED BY THE PROVIDER OF SUCH SURETY BOND: The above entitled Resolution was presented for approval:

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

CONSIDERATION OF APPROVAL OF "NO TURN ON RED" SIGNS BEING INSTALLED PROHIBITING LEFT-HAND TURNS ON RED FROM PLEASANT STREET AND ONTO SPRUCE STREET AND PROHIBITING RIGHT-HAND TURNS FROM PLEASANT STREET ONTO SPRUCE STREET, AND THAT THE CITY MANAGER IS AUTHORIZED TO HAVE SIGNS STATING THE SAME INSTALLED BY CITY PERSONNEL AT SAID INTERSECTION: The above entitled Resolution was presented for Council's approval:

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

CONSIDERATION OF APPROVAL THAT THE PLAN AND TRUST RULES AND REGULATIONS FOR BOTH THE POLICEMEN'S PENSION AND RELIEF FUND AND THE MORGANTOWN FIREMEN'S PENSION AND RELIEF FUND ARE ADOPTED, AND THAT ITS CITY MANAGER IS AUTHORIZED TO PLACE HIS NAME AND SEAL ON THE SAME AS EVIDENCE OF THIS ADOPTION BY THE CITY OF MORGANTOWN: The above entitled Resolution was presented for Council's approval:

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

CITY MANAGER'S REPORT:

ITEM NO. 1:

Attached you will find an interim budget request from Arts Monongahela for $2,500. Based upon the merits of this program and the pending grant application, I recommend that the request be approved and funded from the Capital Escrow Account.

Motion by Justice, second by McClain, to approve funding for Arts Monongahela for $2,500 from the Capital Escrow Account. Motion carried 7-0.

ITEM NO. 2:

The second attachment reports the bid results for a 4-wheel drive vehicle for the Airport. As per the Airport Director's comments, I recommend that contract be awarded to Waterfront Jeep for $28,915.

Motion by Justice, second by Byrne, to award the contract for the 4 wheel drive vehicle at the Airport be awarded to Waterfront Jeep for $28,915. Motion carried 7-0.

ITEM NO. 3:

The last attachment includes Traffic Commission materials concerning the Spruce/Pleasant Streets intersection. The Commission's recommendation is that all turns on red be eliminated.

Above issue was voted on earlier in the meeting by Resolution and was approved by unanimous consent.

ITEM NO. 4:

Last year Council authorized the staff to pursue 35 public, on-street parking spaces in the Wharf District. Toward that end, I recommend that the City request and accept public right-of-ways adjacent to Don Knotts Blvd. from the West Virginia Department of Highways.

After discussion, motion by Byrne, second by McClain, to approve the request of 35 public, on street parking spaces in the Wharf District. Motion carried 7-0.

ITEM NO. 5:

The last attachment proposes procedural changes in the ICMA

Retirement Corporation governance structure(a voluntary, deferred compensation program available to City employees).

Based upon the information presented I recommend that the City vote for the proposal.

After discussion, motion by Miller, second by Byrne, to approve the changes in the ICMA Retirement Corporation governance structure. Motion carried 7-0.

CITY CLERK'S REPORT:

City Clerk Linda Little mentioned that the City is still in need of Pollworkers for the April 24, 2001, General Municipal Election, and that if anyone is interested to call the Clerk's Office at 284-7439.

CITY ATTORNEY'S REPORT:

No report.

REPORT FROM COUNCIL MEMBERS:

Councilor Salucci: Councilor Salucci commented that it has

been mentioned a couple times about the trash issue and cleaning up the City; should those receiving violations do community service instead of paying a fine or both, whatever works best?

Councilor Good: Councilor Good mentioned that on the Solid Waste issue there is a bill before the State Legislature to double the minimum fine for small offenses and stepping up the fines on dumping garbage and another for license carriers. If this passes, it will allow the violator to be both fined and made to do community service.

Councilor Miller: Councilor Miller commented that she has been getting a lot of the same complaints: it is spring time and we see the left-over of winter on the streets. In the Sunnyside area there are thousands of pieces of paper taped up on windows that look like litter. Councilor Miller welcomed Councilor Good and stated he has proven that he was able to step in as if he had been in this position for years.

Councilor Justice: Councilor Justice stated that this issue of cleanliness has come to a head and needs to be addressed. Since we are going into Budget Sessions, this Council needs to take a long hard look at what we have in place. If there is a need for more employees to get the job done -- do whatever it takes. Councilor Justice mentioned there will be a meeting on Thursday, February 8, 2001 at 9:30 a.m. about Beechurst Beautification, and motioned to have Anthony Giambrone Chair this committee; second by Councilor Salucci and approved by unanimous consent. Councilor Justice also requested that the City Manager forward to Council all of the citations that have been issued for garbage violations and housing code violations. Councilor Justice also mentioned a problem on Cornell Avenue and Cayton Street with parking and lack of enforcement with yellow zones. Councilor Justice mentioned that since it is Municipal Conference time and Budget time, he has read some articles about various cities in West Virginia. Councilor Justice commented that the City of Charleston is laying off employees, the City of Huntington is 1.9 million dollars in debt; Beckley and Clarksburg are having problems and he urged everyone to get online and take a look at these issues on the web.

Councilor Byrne: Councilor Byrne stated that the appearance of our city is an issue and suggested that these trash violators' names be placed in the paper. Councilor Byrne asked the City Manager to check with the Clerk of the Court to see if she could have the Housing Code and Trash violators accessible to the paper. Possibly this would help compliance.

Councilor Byrne also requested an ordinance presented to Council on the hard-wiring issue, as well as increased fines for tampering with smoke detectors, and an ordinance on the issue of turning liens on demolished property into judgements by the COW Meeting. Councilor Byrne mentioned that the crosswalk right at the crest of the hill on High Street is somewhat dangerous as it goes over to Wall Street and cars do not want to stop there. He requested that the City Manager look at a way to enforce that cross walk. Councilor Byrne asked if the Street Sweeper could clean the streets while the weather is warm and sweep up some of the cinders.

Mayor Scafella responded in saying that the City Manager had handed him a list of streets that are being swept; Brockway, Beechurst, Chestnut, Patterson Drive, Richwood Avenue, Spruce Street, University Avenue, and Willey Street. The cinders are being brushed and picked up and the City Engineer has 11 people working overtime on this project.

Councilor Byrne mentioned that the Caritas House is having a Sweets for the Sweet dessert tasting and a Silent Auction at the Erickson Alumni Center on Sunday. The proceeds are going to help those with AIDs.

Councilor McClain: Councilor McClain happily commented that Burroughs Street and Patteson Drive are getting sidewalks and also drainage under both.

Mayor Scafella: Mayor Scafella commented that we have heard a really strong pledge from Council to clean up this city. One way we are starting is by modifying the Trash Ordinance for the COW Meeting by the end of the month. It will take help from the residents, the rental owners and a whole community effort to get the town cleaned up. Mayor Scafella also commented that Mr. Cohen is correct in saying that the series on the Fire Department in the Dominion Post was an excellent job, but the problem is the headlines did not represent the articles. The headlines were alarming and not true to the articles. Mayor Scafella stated that this Fire Department is well prepared and professional. Each truck is equipped with a computer to call up the destination of the fire, the type of building and so forth. We have a well-prepared department. Mayor Scafella presented a statistic that in the last year there were 118 fires and not all of them major fires. In reference to the most recent fire hazard, the smoke alarms were disengaged by the residents; we are addressing this problem to increase safety. Our firemen also opened 822 locked car doors in service for the community and still maintained the safety of the community. Our fire rating is very high, and once again, we are very lucky considering the financial problems some of the other cities are having throughout the State. Mayor Scafella mentioned that Butch Lee has finished the Logo for the City and asked the City Clerk to place one in Councils' mail boxes. This logo has been adopted by the Convention and Visitors Bureau and will be on their brochure. Mayor Scafella mentioned that at the Riverfront Park, on the 16^th and 17^th of February, there will be an Ice Sculpture Festival. Mayor Scafella also mentioned to Councilor Miller that he talked with Ivan Lee from the Civil Rights Commission and she is prepared to help us with reactivating that commission.

Councilor Miller commented that she did speak with Ms. Lee and will have more to report on this matter later in the month.

Mayor Scafella mentioned that the City has a Housing Code called the BOCA Code and the Code has certain rules and regulations that we must abide by. Mayor Scafella requested the City Manager to check into the possibility that the City adopt codes that are more stringent than the BOCA Code to permit us to address buildings that are not only eyesores but could be dangerous.

ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 8:30 p.m.

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City Clerk Mayor