REGULAR MEETING JANUARY 18, 2000:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, January 18, 2000 at 7:30 p.m.
PRESENT:
Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda Little and Council Members Frank Salucci, Tom Bloom, Teresa Miller, Bill Byrne, Betty McClain, City Attorney Steve Fanok, Assistant to the City Manager Jeff Burdoff. (Ron Justice Absent)
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES:
Minutes from the regular meeting on January 4, 2000 were approved as printed.
CORRESPONDENCE:
Mayor Scafella informed Council of a letter from Channel 11 in Pittsburgh and they are interested in coming to Morgantown and participating in a Community Town Meeting, and I will respond to them and hold this meeting in April.
Mayor Scafella also informed Council the Count Census Committee will begin to do its work to get the community involved to complete the count for the census. Mayor Scafella also informed everyone that the Census is needing part-time help and those interested can call 284-8869 or 888-325-7733.
Mayor Scafella also informed Council that the new sound system for videotaping Council meetings should be in place in the next two weeks.
UNFINISHED BUSINESS:
Boards and Commissions:
Board of Zoning Appeals:
Motion by Salucci, second by Bloom to reappoint Gary Pastoria to serve another three-year term. Motion carried 6-0. (Councilor Justice Absent).
Motion by Bloom, second by Miller to reappoint Jim Rockis to serve another three-year term. Motion carried 6-0. (Councilor Justice Absent).
Planning Commission:
Motion by Byrne, second by McClain to appoint Ray Hicks to serve in the 3rd ward position, as recommended by the City Manager, for a three-year term. Motion carried 6-0. (Councilor Justice Absent).
Transit Authority:
Motion by Salucci, second by McClain to reappoint Jim Caravasos to serve another term as the City representative. Motion carried by acclamation. (Councilor Justice Absent).
West Run By Pass Committee:
Mayor Scafella requested that the following be on the above committee, Myself, Pat Esposito, Zane Shuck and Greg Good. After discussion the above appointments were approved by acclamation. (Councilor Justice Absent).
PUBLIC PORTION:
Frank Ferrell, 26 Outlook Street, commented that Council made two excellent choices to the BZA this evening. Mr. Ferrell also commented that the brochures that the City Planner developed to give out to the public are excellent. Mr. Ferrell is requesting once again answers to his questions on Council making decisions about Mon. County Schools Foundation and garbage pickup without public input. Mr. Ferrell handed out his questions for Council to answer his questions by the next meeting and requested that Council give their answers to the City Clerk, and he will get them from her.
Milton Cohen, 1060 Ross Street, commented that he is 94 years old and this is the 54th year he has attended Council meetings, and that he was also Parking Authority Chair for ten years. Mr. Cohen mentioned an issue on the November COW agenda that Alpha provides engineering service for the airport and the fee was $143,000, and there was no public input on this, and it should be presented as an Ordinance. Mr. Cohen commented that this Council is making decisions without public input, and the Mayor and City Manager does not follow the City Charter.
City Manager Dan Boroff commented as way of administrative response the City last year did seek bids from qualified engineering firms for the work at the airport and the results were brought to City Council, and Council awarded the work to Alpha Associates, and there were approved FAA Grants to do this work.
Connie Devore, League of Women Voters, commented that the League has been studying the Boards and Commissions for the City and the County. Ms. Devore and the League gave a memo to Council for their consideration in handling appointments to the Boards and Commissions and to incorporate them into the bylaws. Ms. Devore complimented Ms. Little for the work she has done with the Boards and Commissions by developing a hand book for members of committees and advertising for vacancies in the paper and on the web.
John Capuder, Resident of Morgantown and employee at Cardello, commends Council on the Rail to Trail, commented to reconsider closing the road under the Westover bridge for it would hurt the businesses in that area and also could be dangerous getting out on University Avenue.
Kathryn Lozier, 428 Vangilder, speaking on behalf of the Wiles Hill Community & League of Women Voters, requested that Council look at the 705 issue with the Walmart going in, can you imagine five to ten thousand cars on that highway a day? Ms. Lozier asked if Council would consider meeting with DOH to let them know that this would not be good for the livability of this City if the access is broken.
Ellen Hathaway, Library Employee, commented that she has a parking permit, but when she comes in at 10:30 a.m. there are no parking spaces, so she had to park in a two hour parking spot, and ends up moving her car every two hours, and requested if Council could speak with the Parking Authority to see what could be done.
Chris Morrow, Channel 12 Reporter, commented that this City Council and City are tops and a class act and is one of the best group of people to work with, and Happy New Year.
SPECIAL COMMITTEE REPORTS:
No report.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS: The following entitled Ordinance was presented for second reading:
An ordinance authorizing the acquisition and construction of extensions, additions, betterments and improvements to the sewerage portion of the existing public combined waterworks and sewerage system of the city of morgantown and the financing of the cost, not otherwise provided, thereofthrough the issuance by the city of not more than $8,000,000 in aggregate principal amount of combined waterworks and sewerage system revenue bonds, series 2000 a (west Virginia srf program) and not more than $2,500,000 in aggregate principal amount of combined waterworks and sewerage system revenue bonds, series 2000 B (west Virginia infrastructure fund); providing for the rights and remedies of and security for the registered owners of such bonds; authorizing execution and delivery of all documents relating to the issuance of such bonds; approving, ratifying and confirming loan agreements relating to such bonds; authorizing the sale and providing for the terms and provisions of such bonds and adopting provisions relating thereto.
Motion by Salucci, second by Byrne to pass the above entitled ordinance to third reading. Motion carried 6-0. (Councilor Justice Absent)
CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY ACCEPT THE TERMS OF THE WVDEVO LOCAL DEVELOPMENT ASSISTANCE GRANT APPLICATION SEEKING $5,000 TO PROVIDE EDUCATIONAL ASSISTANCE TO AT RISK STUDENTS BETWEEN THE AGES OF 6 AND 18: The above entitled Resolution was presented for Councils approval:
After discussion, motion by Miller second by Salucci to approve the above entitled Resolution. Motion carried 6-0. (Councilor Justice Absent).
CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY ACCEPT THE TERMS OF THE WVDEVO COMMUNITY PARTNERSHIP GRANT APPLICATION SEEKING $1,500 TO MAKE THE CHOICES PROGRAM AVAILABLE TO AT RISK STUDENT GIRLS: The above entitled Resolution was presented for Councils approval:
Motion by Bloom, second by Byrne to approve the above entitled Resolution. Motion carried 6-0. (Councilor Justice Absent).
CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY ACCEPT THE TERMS OF THE WVDEVO COMMUNITY PARTNERSHIP GRANT APPLICATION SEEKING $15,000 TO MAKE IMPROVEMENTS TO TWO SOFTBALL FIELDS IN WHITE PARK: The above entitled Resolution was presented for Councils approval:
Motion by Bloom, second by Salucci to approve the above entitled Resolution. Motion carried 6-0. (Councilor Justice Absent).
CONSIDERATION OF APPROVAL OF A RESOLUTION DIRECTING THE BOPARC DIRECTOR TO EXECUTE THE GRANT AGREEMENT OF $48,858 FOR CONSTRUCTION OF TWO WHITE PARK RECREATIONAL TRAILS: The above entitled Resolution was presented for Councils approval:
After discussion, motion by Byrne, second by Miller to approve the above entitled Resolution. Motion carried 6-0. (Councilor Justice Absent).
CITY MANAGERS REPORT:
Mr. Boroff presented the following item of Information:
Item No. 1:
In the near future a decision needs to be made about a
"short cut" through the parking lot at Hazel Ruby McQuain
Park under the Pleasant Street Bridge. This is currently
being used by motorists to avoid traffic congestion at the
intersection of Pleasant Street and South University
Avenue. Although for the motorist it is very convenient,
there are issues of speeding and traffic in the Park area
as usage continues to grow. The "short cut" is also a
very unattractive land that could be landscaped as part of
the Park.
After discussion, Council requested that the Public Works Department take a look at this problem and report back to Council with suggestions.
Mr. Boroff presented the following items of New Business:
Item No 1:
Attached is the proposed paving list for 2000. As you will
read, it recommends 33 sections be resurfaced for a cost of
$300,000 and 26 contingency sections in the event of favor-
able bids.
After discussion, motion by Bloom, second by Miller to approve the paving list for 2000. Motion carried 6-0. (Councilor Justice Absent).
Item No. 2:
As discussed in your recent budget work session, I recom-
mend that BOPARC be asked to administer the new Amphi-
theater along with Hazel Ruby McQuain Park. Maintaining,
programming, scheduling and promoting the new facilities
are all important tasks that BOPARC is best qualified
to effect.
After discussion, motion by Salucci, second by Bloom to approve BOPARC administering the new Amphitheater along with Hazel Ruby McQuain Park. Motion carried 6-0. (Councilor Justice Absent).
Item No. 3:
A second attachment from the Public Works Director reco-
mmends that the City contract with Laurita Excavating
(Low bidder) for Phase I Construction of the Wharf Dis-
trict for $300,000 (ARC Grant). Storm drainage, sidewalks,
Hurley Street improvements, and the entranceway to the
Caperton Trail will be the principal activities in the
contract. In the near future, I am hopeful that a mecha-
nism will be presented to Council to find the four deduc-
tions listed.
Motion by Miller, second by Bloom to approve Laurita Excavating for the Phase I construction of the Wharf District. Motion carried 6-0. (Councilor Justice Absent).
Item No. 4:
The last attachment recommends that the City contract with
Reliance Laboratories Inc., to provide testing services at
the City Landfill for a cost of $9,822. These services
are required as part of the Landfill Closure Permit.
Motion by Bloom, second by Salucci to approve the above entitled Resolution. Motion carried 6-0. (Councilor Justice Absent).
CITY CLERK'S REPORT:
No report.
STAFF ATTORNEY'S REPORT:
City Attorney Steve Fanok pointed out to City Council that the road behind Wings Ole is private property and private parking lot and Council needs to consider this, when looking at the traffic problems in that area.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: Councilor Salucci mentioned that
didn't we adopt a rule that an issue only be brought forward once a year? Councilor Salucci requested that we enforce this rule once again for some issues have been brought up again and again the past couple months, and the issue or issues have been addressed.
Councilor Byrne commented that as
difficult as it is to hear things
repeatedly this is a first amendment issue, and just comes with the territory.
Mayor Scafella commented that one of the rules is that you never attack the person, you always address the issue, and often we
find the emotions spilling over
in attacking the person; I think that the issue is knowing the rules and observing them, that's more fundamental than perhaps the topic.
Councilor Salucci echoed Ms. Devore's comments on Linda Little, she does an excellent job and keeps
us in line.
Councilor Bloom: Councilor Bloom commented that since we are having the Third Reading of the Bond Ordinance that
Council keep their 60 page copy from their packet, so the City Clerk will not have to make those copies again.
Councilor Bloom requested that theCity Planner notify Council-members when there is a Home Occupation going in a Council Member's ward.
Councilor Bloom mentioned that he
will request in the Budget around
$60,000 for the Wharf District
Parking.
Councilor Bloom mentioned that he
has visited other cities (Philidel-
phia, New Orleans) and they have a courtesy patrol person volunteering
their time to help people, and
suggested Main Street look into
this.
Councilor Bloom mentioned that Ms.
Lozier made a really good point that once 705 is opened for Walmart there will be other access to that road, I know this is outside
the City, but Council does need to
look at that, for it will have a
major effect on the City. After
discussion, Council requested the City Manager send a letter to the DOH on Council's concerns and wanting to working together for the benefit of all involved.
Councilor Miller: Councilor Miller informed Council
that she just returned from the WV
Municipal League meeting and attended a seminar by Vince Collins on the Open Meetings Act, and would be glad to share that information.
Councilor Miller also mentioned
the scheduling of the Amphitheater and Met Theater. Someone will have to do the scheduling for them, and propose we form an Arts Council. City Manager commented that Vision 2020 has already developed an Art Council to handle that scheduling, and in fact BOPARC will be employing that group and will use all those outside agencies.
Councilor Justice: ABSENT.
Councilor Byrne: Councilor Byrne reminded Council
and citizens that the COW Meeting
will be dedicated to Low & Moderate
Income Housing. Councilor Byrne
mentioned that in the newspaper
that BFI announced that they will
not pick up catalogs, and requested
that the City Manager asks them about this, for we do not want all
of these in the landfill. Councilor Byrne also mentioned the comments Connie Devore made on
the Boards and Commissions; that
we are doing a lot of that, and we
are fortunate that we are finding
people that are intelligent and
willing to serve with no compensa-
tion, and we do need some more turn
over.
Councilor Byrne commented on the
Westover Bridge issue that this is
just the inadequacy of Beechurst
Avenue.
Councilor Byrne commented also he
was unable to be here last meeting
and a lot of people spoke on the
Pit Bull issue, and he still feels they are dangerous animals and still wants an ordinance that is enforceable. Mayor Scafella suggested that Councilor Byrne look at the video from that meeting.
Councilor McClain: Councilor McClain also mentioned
the WV Municipal League Meetings and how productive the meetings are in helping the Cities to upgrade themselves and learn how to become the best professionals possible. Councilor McClain mentioned in the control of Pit Bulls to post a bond along with the dog license.
Mayor Scafella: Mayor Scafella mentioned that Councilor McClain has a painting
on display at the Charleston
Cultural Center, one of 85 paintings which were chosen by
a selection process.
Mayor Scafella requested that the
City Manager check into bike racks
at the depot.
Mayor Scafella asked the City
Attorney to look into an ordinance
prohibiting parking in front yards.
Mayor Scafella mentioned once again
the planting of trees in the median
on University Avenue.
Mayor Scafella suggested getting
some part-time help for the City Clerk in records management.
Mayor Scafella commented that Councilor Byrne is right, we are virtually doing everything the League of Women Voters recommends with Boards and Commission, and after we review the guidelines they presented we will forward the recommendations to the Boards and Commissions.
Mayor Scafella also mentioned that
informational brochures will be
available soon for the public.
ADJOURNMENT:
There being no further business the meeting immediately adjourned at 9:10 p.m.
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City Clerk Mayor