REGULAR MEETING FEBRUARY 1, 2000:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, February 1, 2000, at 7:30 P.M.
PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant to the City Manager Jeff Burdoff and Council Members Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, Bill Byrne, and Betty McClain. (Staff Attorney Steve Fanok Absent).
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the special meeting & regular meeting on January 18, 2000, were approved as printed.
CORRESPONDENCE:
City Clerk Linda Little administered oaths of office for promotions for the Fire Department. The candidates were Lieutenant David Custer and Fire Fighter First Class Kenneth Tennant.
Mayor Scafella asked Council's approval to suspend the rules to let the Board of Education speak at this time. Council approved by unanimous consent.
Mayor Scafella introduced the Board of Education members present this evening; Board President Michael Yura, Superintendent Michael Vetere, Nancy Walker, Dr. Groscup, Steve Cook and Tony Derry.
Mike Yura passed out information on the Bond Levy to all Council Members, which is a copy of a presentation that the Board is currently doing throughout the community. We are proposing on the 26th of February, one of the largest school building bonds in the State's history, approximately 80 million dollars. This has been worked on for a year and has come from studies done by citizens groups and presented to us for the County Schools. The studies have found many schools are in need of repair, more space to accommodate more children, better technology, and better academia. The community groups have looked at the future and the growth of this community and we plan to build 10 new schools, and renovate 11 others. This will take us into this new century by providing the kind of educational and physical facilities that will provide appropriate education.
Dr. Mike Vetere, Superintendent of Schools, commented that there are four main things they are looking at as they put this program together that has to do with all of our schools. These are equity, facilities, academic program and economy. All of these are needed in order to enable our young people to be prepared for them to go forth with the next 20 to 30 years of their life. We must work together as a community and be partners in making this happen for the betterment of the community and its future.
After discussion, Mayor Scafella thanked the BOE for coming.
PUBLIC PORTION:
John Lozier, 428 Vangilder, commented his topic is planning on the subject of the 705, and he had two questions. One is regarding the letter that Council sent to the DOH about the 705 access and Walmart. Could the text of that be read and made public and could the answer from DOH also be made public? Mr. Lozier asked Council do not be satisfied with an answer but be persistent in making the point that the breaking of the access on 705 would be an action that would be precipitous, and that it must wait and be properly discussed.
Frank Ferrell, 26 Outlook Street, handed out a memo to Council and pointed out that in the daily reports last week the Police Department had 10 incidents of unknown drivers or hit and run cases. He said that this is rather alarming and most of these incidents were in student areas with limited parking and narrow streets, where if a car sticks out it will get hit. Mr. Ferrell commented that until the parking spaces are rectified, there will continue to be hit and run incidents. Mr. Ferrell then commented that if Council is considering an ordinance pertaining to pit bulls, why not consider ordinances to control cats within the City of Morgantown, like Charleston. He also asked about an ordinance to ban new City Employees to be smoke free, both on the job as well as at home. This could lower health-insurance premiums for all employees. Mr. Ferrell mentioned the article that was in the January 20, 2000 Charleston Gazette entitled "Would W.VA. Ok Possum License Plate?" No better analogy could be drawn perhaps to describe the recent actions of Council than to quote, "There were also references to the longtime legislative maxim that "Fat Possums Move at Night"referring to the tendency for controversial bills to pass in the closing minutes of the last night of session." ---- or in the case of our Morgantown City Council, in the closing minutes of a City Council Meeting when no public input is allowed, nor does the public have any idea what this "group of fat possums' might suddenly decide to do. Mr. Ferrell commented that he opposes the proposed Mon. School Bond Levy scheduled for February 26, 2000, and will vote against it. He strongly urged other Morgantown residents to likewise oppose this levy. Mr. Ferrell thanked the Mayor and Councilor Byrne for responding to him on his questionnaires. He then asked them to read the editorial he had given them on "While the State ranks low in teacher pay, the average West Virginian has it worse."
Milton Cohen, 1060 Ross Street, commented that in the past few years and as a Navy Veteran, he has been trying to get more public participation in this government. Mr. Cohen stated that this Council does not follow the Charter, and the Charter has a
section which requires the City to use Ordinances. He said the City uses Resolutions, eliminating public participation. Mr. Cohen also mentioned that at the last meeting, Council approved more than 11 million dollars of expenditures with no public input. Mr. Cohen commented that the other problem is the second reading of the MUB Bond issue, and there was no public participation in all of these items. Mr. Cohen stated that as a Navy Veteran...
Mayor Scafella informed Mr. Cohen he has 30 seconds left.
Mr. Cohen commented no, "I don't, I have more time, and your 30 seconds are out. This is a citizen meeting and I want to tell you what's wrong."
Mayor Scafella commented you have just used 15 seconds of your 30.
Mr. Cohen commented, to just give him a chance of what he wanted to say for this is a betrayal of American Citizenship, and as a Navy Officer, he wants Council to hear what he has got to say.
Mayor Scafella thanked Mr. Cohen for speaking, and asked if there was anyone else who wished to speak.
Lt. Roy Zinn asked Mr. Cohen to please sit down.
Councilor Bloom called for a point of order. For clarification, there will be a third reading of the MUB Bond ordinance at the next regular meeting.
Nancy Walker, Board Of Education, commented on the pit bull incident, saying she and the others were lucky the pit bulls did not make more vicious bites on the children and it could have been worse than it was. She said everyone was in good health, but there is still some mental anguish involved. Ms. Walker commented that out of the 27 dog bites this year, this is the only incident that involved pit bulls. The difference with this breed of dog is that they are very strong and deliberate once it decides what it wants to do. Ms. Walker stated that it is a question of owner responsibility, enforcing leash laws, having enough Animal Control Officers, working with veterinarians. She applauded Council for working on this issue for it is a County-wide problem.
Julian Paret, newcomer to Morgantown, asked Council to consider not blocking the trail while the work is being done on the South High Bridge, and to come up with an alternative route for the trail or a tunnel.
Jim Lees, Democrat running for Governor, was in the County tonight and wanted to stop and say hello. Mr. Lees commented as a student 30 years ago, he also wondered where all the decisions were made in this town. Mr. Lees stated that as a gubernatorial candidate traveling state-wide, he was sure Council knows that you happen to be living in one of the most economically prosperous areas of our state.
Tom Keely, Harrison County Commission, said hello to everyone, and that he was with the Jim Lees campaign.
Mr. Lozier asked Council,"when were they going to answer my questions?"
Mayor Scafella responded that Council would respond in one moment.
Dan Boroff, City Manager, in response to Mr. Lozier's questions, and as way of administration's response a little over a week ago, under Council's instruction, he did write to the Secretary of Transportation, Sam Bonasso. He explained Council's concerns, particularly about traffic congestion and drainage, and asked that his office clearly study these issues before a decision was made. He said Council was confident that the Department of Transportation would make the correct decision once all the information was available.
Dan Boroff, City Manager, then responded to the second part of the question. He said that he had not received a response yet from the DOH, and that all those letters are public information, and he would be glad to share those with the public.
Dan Boroff also responded about the question on the rail to trail and the demolition of the South High Street Bridge. He said that the Secretary has assured me that the trail will be open the maximum amount of time that is practical in terms of safety, but there will be occasions when they are dismantling that it will be closed.
Mr. Cohen stated that at the last meeting he asked the City Manager to respond about the Alpha Associates contract, and he thought it should have been done by an ordinance.
Dan Boroff responded that State Law and the Charter spell out the actions of Council that require an ordinance. He cited the following examples: if you pass a new criminal charge, if you raise a tax or new service fee. Mr. Boroff commented that all of the agendas are made available the Friday before the meeting, are mailed to the press, the library and with that advance notice citizens have a chance to review all items.
SPECIAL COMMITTEE REPORTS:
Mayor Scafella reported that the Work Force Investment Board is making its committee selection this week in Charleston and he will keep Council apprized on this committee.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF AMENDING SECTION 26 (D) OF THE ZONING ORDINANCE: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 26(D) OF THE ZONING
ORDINANCE OF THE CITY OF MORGANTOWN AS THE SAME
APPLIES TO PENALTIES FOR VIOLATION OF SAID ORDINANCE.
After discussion, motion by Miller, second by Justice to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AMENDING SECTION 1751.17 OF THE HOUSING CODE: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 1751.17 OF THE HOUSING CODE OF THE CITY OF MORGANTOWN BY ADDING THERETO REFERENCE TO THE APPLICABLE PENALTY SECTION FOR VIOLATION OF MAXIMUM OCCUPANCY REQUIREMENTS.
Motion by Bloom, second by Salucci to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AMENDING SECTION 1751.04 OF THE HOUSING CODE: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 1751.04 OF THE HOUSING CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO ILLEGAL CONDITIONS AND PENALTIES.
Motion by Bloom, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AMENDING SUBSECTIONS 1751.07 (b) AND (d) OF THE BUILDING AND HOUSING CODE: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SUBSECTIONS 1751.07(b) AND (d) OF THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN BY REDUCING THE TIME PERIOD FOR REQUIRED RENTAL HOUSING INSPECTIONS FROM EVERY FIVE YEARS TO EVERY THREE YEARS.
After discussion, motion by Salucci, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION TO RECOMMEND THE APPLICATION FOR THE RECREATIONAL TRAILS FUND PROGRAM FOR WHITE PARK TRAILS, PHASE III, TOTALING $100,000: The above entitled resolution was presented for approval:
After discussion, motion by Salucci, second by Bloom to pass the above entitled resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION TO RECOMMEND THE APPLICATION FOR THE RECREATIONAL TRAILS FUND PROGRAM FOR THE PURCHASE OF VEHICLES, EQUIPMENT AND TOOLS TOTALING $40,000 FOR MAINTENANCE OF THE MORGANTOWN AREA RAILS TO TRAILS: The above entitled resolution was presented for approval:
Motion by Byrne, second by McClain to pass the above entitled resolution. Motion carried 7-0.
CITY MANAGER'S REPORT:
NEW BUSINESS:
ITEM NO. 1:
At your direction, BOPARC and the City Engineer have researched water and electrical services for the new Amphitheater. Based upon their findings, I recommend that $6,000 be made available from the Capital Escrow Account Community Center to effect this work at the earliest possible date.
Motion by Justice, second by McClain to approve $6,000 be made available from the Capital Escrow Account for the new amphitheater.
ITEM NO. 2:
At the last meeting, City Council approved a contract of $300,000 for the Wharf District (included 4 deductions). Since then, the funding agency has approved restoring the deductions for an additional cost of $87,341 by reducing the low interest business loan pool from $100,000 to $25,000 and using $12,341 from the Project Contingency line. Given that there has been no demand for loan funds and the value of the deductions to the total project (landscaping, Wharf District Entrance Way, Caperton Trail Entrance Way and use of brick pavers), I recommend that the project be constructed as bid and the contract be awarded to the low bidder, Laurita Excavating, for a total cost of $387,341.
After discussion, motion by Byrne, second by McClain to approve Laurita Excavating the low bidder at a cost of $387,341 to complete restoration at the Wharf District. Motion carried 7-0.
Milton Cohen, 1060 Ross Street, stood up and said that he wanted to speak . . . and asked why shouldn't the public know what is going on.
Mayor Scafella repeated to Mr. Cohen that he was out of order, you are out of order.
CITY CLERK'S REPORT:
No report.
CITY ATTORNEY'S REPORT:
ABSENT.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: Councilor Salucci requested the
Brockway Avenue area be cleaned up for
it is an eye sore. He said houses need torn down or upgraded especially now that we are cleaning up for the Rail to Trail.
Councilor Salucci also mentioned a complaint from a lady who was ticketed on Wagner for parking in a permit zone. He said that the City took that off a year ago and the sign is still up.
Councilor Bloom: Councilor Bloom mentioned to the City Clerk (this was tongue and cheek), he thought we should find the unknown driver and arrest him for all the car accidents. Councilor Bloom also mentioned that the water pressure is low
in the upper part of South Park, (Grandview, Sherman) and asked the City Manager to contact MUB.
Councilor Miller: Councilor Miller commented that she had
a call this evening on the clearing of the streets in the winter. She said that the lady that called was from Charlottesville, Va.,and they use sand, which does not leave that dirty, muddy look after a snow.
City Manager commented that the City is
part of a state wide experiment using
salt brine, which pre-treats the salt and makes it much more effective. He said the City has had good results with that.
Councilor Miller mentioned that Council
needs to take a closer look at Chief
Fetty's plan, especially in conjunction
with the growth the city is going through.
Councilor Miller also mentioned an article in the Daily Atheneum that students need to make their voices heard. She said that she is a full time University Student, and would be glad to help any student with any questions or concerns that they may have.
Councilor Justice: Councilor Justice thanked the City Manager for moving so quickly on placing
the WWII Plaque in Sabraton.
Councilor Byrne: Councilor Byrne seconded Councilor Salucci's concern with Brockway, and the fact that the area needs to look better, especially with the Rails to Trails coming along.
Councilor Byrne commented in response
to Kitty Lozier and John Lozier in
reference to Walmart and 705; saying that Council needs to do more. He said that we are at a critical junction here, and need to take a stronger position. Councilor Byrne motioned to consider adopting a Resolution this evening stating that Walmart subject themselves to a planning process before Council supports them, and Council should oppose them if they do not follow a planning process. Second by Councilor Miller. After discussion and comments from
Council Members, Councilor Bloom
motioned to table the Resolution, second by Salucci. Motion carried 5-2. (Councilors Byrne & Miller voted NO).
Councilor McClain: Councilor McClain requested the
City Manager meet with the County
Commission to see how they feel about
Walmart coming in on 705.
Mr. Cohen interrupted the Mayor saying
there was a piece of City business that
was not on the agenda.
Mayor Scafella commented to Mr. Cohen that you are out of order, you are out of order, please remove him from the Council Chambers.
Mayor Scafella: Mayor Scafella mentioned that the Clerk has asked what Council would like to do with the videos from Council Meetings; they are being stored in the library. Council requested that the Clerk save these for archival purposes and will wait for her suggestions.
Mayor Scafella mentioned in regard to the use of the Rail-Trail it might be a good idea to look again at the bridge that crosses Decker's Creek at Decker's Avenue, Council could possibly look into a Pedestrian-Bicycle Bridge there.
Mayor Scafella asked the City Manager
to encourage the ASPIRE Group to move forward with the Plan for the Wharf District.
The City Manager responded that he has spoken to the Chair, and they are moving forward with the Plans.
Mayor Scafella commented that he would
like to add his two cents on the Walmart
issue. He said it is out of our jurisdiction, whether we like it or not, and there are two sides to this issue; people that agree it should go in and others not.
Mayor Scafella asked Council if we should invite Walmart to come to a meeting so we can air the issue for the sake of the public and ourselves? After discussion, motion by Bloom to
meet with the County Commission on this issue, second by Justice. Motion carried 7-0.
ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:25 p.m.
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City Clerk Mayor