REGULAR MEETING MARCH 7, 2000:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, March 7, 2000, at 7:30 P.M.



PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok and Councilmembers Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, William Byrne and Betty McClain, and Jeff Burdoff, Assistant to the City Manager(Absent).



The meeting was called to order by the Mayor.

CORRESPONDENCE:



Mayor Scafella read a proclamation proclaiming March 2000, to be Women's History Month in appreciation to the dedication, achievements, and services of women for the welfare and well being of humanity through all the ages of history.



Mayor Scafella presented a proclamation to Melinda Poland, for being selected the Prudential Spirit of Community Award, for her outstanding volunteer contribution to others and the community and in honor of her achievement proclaim March 7, 2000, as the Melinda Poland Prudential Spirit Of Community Recognition Day.



Mayor Scafella informed Council and the public that the West Virginia Division of Highways will hold an informational public meeting on Wednesday, March 15, from 7-9 p.m. in the commons of North Elementary School on Chestnut Ridge Road in Morgantown on a proposal to break control of access on WV 705 for proposed commercial development.



Mayor Scafella also informed Council and the public that on the City's web page, there is a link to get information on the West Run Expressway.



APPROVAL OF THE MINUTES: Minutes from the regular meeting on February 15,2000, were approved as printed.



PUBLIC HEARING-AMENDING SECTION 26(D) OF THE ZONING ORDINANCE:



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 AMENDING SECTION 26(D) OF THE ZONING ORDINANCE: The following entitled ordinance was presented for second reading:



AN ORDINANCE TO AMEND 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 Bloom, second by Justice to adopt the above entitled ordinance. Motion carried 7-0.

BOARDS AND COMMISSIONS:



CITIZENS ADVISORY COMMITTEE:



Council by acclamation approved the following reappointments to the Citizens Advisory Committee: Lisa Bragg, Co-Chair-Education; Peggy Chappell, Low Income; Jan Derry, Disabled; Michael Pacyna, At Large; Cara Esposito, WVU Student Admin/Representative.



Council by acclamation approved the following appointments to the Citizens Advisory Committee: Donald Calhoun, Target; Michael Manypenny, Business; Joetta Moore, Education; Harper Grimm, At Large; Joe Panico, At Large; Anita Mayer, Co-Chair-Civic, Chris Ferro, WVU Student Admin/Representative.



PUBLIC PORTION:



Bill Wonderlin, 1353 Headlee Ave., Mon. Valley Greenspace Coalition, sees an opportunity to create an official liaison position with the City and nominated Michelle Malott; invitation to Council & City Manager for Building Coalitions Conference banquet on Saturday.



Frank Ferrell, 26 Outlook St., asked for a total amount of pay raises in the last 7 or 8 years; compliment Street Department, Fire and Police Departments; worries about Police personnel losses due to differences in pay; like to see larger longevity pay; like to see comparison of City wages to other same-sized WV cities; Police & Fire Departments take over half of the budget but I worry about losing personnel; No tax increase for several years but with $1.2 million windfall, why not a tax break?



Milton Cohen, 1060 Ross St., comments on Steptoe & Johnson engagement as Bond Counsel for Waterworks & Sewerage Bonds.



Florence Merow, President Mason/Dixon Festival, complimented the Best City Manager & Council the City ever had; gave packets of information for the 14th Festival, Dr. Rick Little in charge of river events, update on planning, request for funding, there will be a July 4th activity, Dixon descendants coming to the Festival. Mayor Scafella thanked Ms. Merow for continuing service.



Skip Hall, Cardello Electric, concerned about decision at bottom of Court St., vital to business between 7am - 5pm.



Mike Corrigan, Amanda Hitt & I are buying the Loving Furniture Building for an art gallery, hope City leaves Court St. open, maybe speed bumps and stop signs.



Tony Giardi, resident, sent letter to Council re keeping Court St. open, feels the City Manager does not care about small businesses.

SPECIAL COMMITTEE REPORTS:



Mayor Scafella informed Council that the City Manager and himself met with the Hart Field Coalition and they have established a dialogue with that group.

NEW BUSINESS:



CONSIDERATION OF APPROVAL OF AN ORDINANCE ADOPTING THE BUDGET 2000-2001: The following entitled ordinance was presented for first reading:



AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF

MORGANTOWN FOR THE FISCAL YEAR 2000-2001.



After discussion, motion by Byrne, second by Justice to pass the above entitled ordinance to second reading. Motion carried 5-2. (Councilor Salucci & Bloom voted NO).



CONSIDERATION OF APPROVAL OF AN ORDINANCE CONVEYANCE OF PARCEL IN THE SECOND WARD: The following entitled ordinance was presented for first reading:



AN ORDINANCE PROVIDING FOR THE CONVEYANCE OF A PARCEL

OF REAL ESTATE IN THE SECOND WARD OF THE CITY OF

MORGANTOWN FROM THE CITY OF MORGANTOWN TO GREGG

METHENY FOR A PRICE OF NINE THOUSAND DOLLARS($9,000).



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



CONSIDERATION OF APPROVAL OF AN ORDINANCE CREATING A NEW ARTICLE 906: The following entitled ordinance was presented for first reading:



AN ORDINANCE CREATING A NEW ARTICLE 906 WITHIN THE

STREETS, UTILITIES, AND PUBLIC SERVICES CODE OF THE

CITY OF MORGANTOWN AS THE SAME APPLIES TO OUTDOOR

DINING PERMITS AND PUBLIC SIDEWALKS.



After discussion, motion by Byrne, second by McClain to pass the above entitled ordinance to second reading. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING SUB-SECTION 501.99(a) GENERAL OFFENSES: The following entitled ordinance was presented for first reading:



AN ORDINANCE AMENDING SUB-SECTION 501.99(a) OF THE

GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN

AS THE SAME APPLIES TO PENALTIES FOR VIOLATION

THEREOF.



After discussion, motion by Byrne, second by Bloom to pass the above entitled ordinance to second reading. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING SECTION 373.01(c) TRAFFIC CODE: The following entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 373.01(c)OF THE TRAFFIC

CODE OF THE CITY OF MORGANTOWN BY ADDING TO IT LANG-

UAGE WHICH CLARIFIES THE INTENT OF THE CITY THAT

BICYCLERS, UTILIZING THE RAILS TO TRAILS OR ANY

REALTY OWNED OR LEASED BY THE CITY OR ANY OF ITS

BOARDS OR COMMISSIONS, ARE SUBJECT TO ARTICLE 373

REGULATION.

Motion by Byrne, second by Miller to pass the above entitled ordinance to second reading. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF AN ORDINANCE REZONING (11) PARCELS OF REAL ESTATE IN THE SIXTH WARD: The following entitled ordinance was presented for first reading:



AN ORDINANCE PROVIDING FOR THE REZONING OF ELEVEN

(11) PARCELS OF REAL ESTATE IN THE SIXTH WARD OF

THE CITY OF MORGANTOWN FROM (I-1) INDUSTRIAL DISTRICT

TO(B-5) SHOPPING CENTER DISTRICT BY AMENDING SECTION

13 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN

AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED

TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS

FULLY SET FORTH THEREIN.



After discussion, motion by Salucci, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 7-0.

CITY MANAGER'S REPORT:



NEW BUSINESS:



ITEM NO. 1:



Mr. Boroff asked the City Attorney to respond to Mr. Cohen re Steptoe & Johnson. In 1979, the City Council and the City adopted an ordinance authorizing the City Manager to hire special council when the City Manager deemed it necessary. The City Attorney read from that 1979 ordinance.



ITEM NO. 2:



All City employees have received a total of 22 or 23% in cost of living raises since 1993. But, in addition, Civil Service employees have received adjustments in rank, increases of hazardous duty pay, and shift differentials which works out to approximately a 32% raise over the same time period.

ITEM NO. 3:



I appreciate the role small businesses play in our economic base, not just because of the taxes they pay but, in terms of the jobs generated and that is the real measurement of economic development. Here in Morgantown, we have the third lowest unemployment rate in the state. Since 1993, our economic base has grown by more than $250 million, mostly on the strength of small businesses. Not every request that comes from a small business is good for the City, regrettably, but we have one of those here tonight.



ITEM NO. 4:



As discussed at the last Committee of the Whole, a serious

problem is developing with the unauthorized use of a short-

cut through City and private property at Hazel Ruby McQuain

Park. Based upon the comments of the Public Works Director

and City Attorney, I recommend that this use be discon-

tinued and this route be landscaped as part of the Park.



After discussion, motion by Bloom, second by Miller. Motion carried 6-1. (Councilor Salucci voted NO).



After discussion, motion by Justice, second by Miller to have the Public Works Department develop the ingress and egress of Court Street to help with the traffic in the area and also help with the safety issue and customers coming to the businesses. Motion carried 7-0.



CITY CLERK'S REPORT:



No report. Thank you to Councilor Bloom for his help in reading ordinances.



STAFF ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS:



Councilor Salucci: Councilor Salucci mentioned a group of individuals drinking beside the Rail/Trail, thanked the Police Department; what can be done to address the problems?

Councilor Salucci sees a lot of violations on the Trail, maybe a flyer could be put together and handed out by the bicycle policemen

about the helmet law, leash law, etc.

Councilor Bloom: Councilor Bloom concurs with Councilor Salucci, especially the leash law.

Councilor Bloom mentioned that the failure of the School Bond was a resounding statement to legislators and the WV Legislature must give us some other options besides property taxes to raise income. He hopes that Council will send a message restating their support for home rule.

Councilor Miller: Councilor Miller received a call about a parking attendant being hit and hurt. What can the City do to support him? City Attorney stated the City's position.

Councilor Justice: Councilor Justice thanked Bill Wonderland for inviting Council, and

also Mr. Wonderland proposed a liaison and I don't think we have to take official action, just so it is recognized, that will be fine. Councilor Justice presented a complaint to the City Manager of cars parking on sidewalks on College Avenue. Councilor Justice mentioned the recent flood in reference to the sewer that runs parallel to the river and Mon. Blvd. The road needs cleaned for the road is impassable. Councilor Justice then mentioned that when the number comes back from the Assessor's Office to consider employee wages, and to make that a priority.

Councilor Byrne: Councilor Byrne thanked the prompt

action of the City Police on the

tractor trailers parking on Rt 7.

Councilor Byrne mentioned that the

Census is coming up, and encourages

everyone to fill them out, and

even help someone to fill them

out. If we can top the 50,000 mark

in this City, we will be entitled

to a number of benefits. Councilor

Byrne endorsed the idea of having

a more formal liaison with the

Green Space Coalition. Councilor

Byrne also endorsed the fact that

when we get the totals back from

the Assessor's Office that at the

fiscal year we can do something

substantial for City Employees.

Councilor McClain: Councilor McClain commented that

she has had input from several

garden clubs that a real beautification in residential areas would be if the City would put in gutters and clean the streets.



Mayor Scafella: Mayor Scafella announced that the

whole week, April 17th to the 21st,

WPXI TV will be in Morgantown for

a series of interviews with Morgantown citizens and on the evening of the 19th there will be a

Town Meeting that will be hosted

by WPXI. If anyone in Morgantown

would like to be interviewed you

can contact Kelly Collins at 412-

237-1230. Mayor Scafella also

requested that a street light be

placed on the blind curve on Stewart

Street. Mayor Scafella also men-

tioned a request to open Deckers

Avenue for bikes only until the South

High Bridge is finished and the Rail-

Trail is open, and asked the City

Manager to look into that. Mayor

Scafella also asked the City Manager

to look again at electric drops for the Welcome To Morgantown Sign. Mayor Scafella requested that the

City appropriate some funds to

finish the Rail-Trail in Whitemore

Park. Mayor Scafella mentioned

that a $1,000.00 prize will be offered for students that fill out their Census forms and turn them back in at the Mountainlair.

Councilor Byrne explained that if you live in a community more than 6 months out of the year, you are required to fill out your census based on where you live more than 6 months out of the year. Students are living here more than 6 months out of the year and they should be counted here and not back home.

Councilor Byrne also asked what

is the City doing to keep the trail

open under the South High Bridge while the work is being done.

City Manager Dan Boroff responded in saying recently our local delegation in Charleston has agreed to take this issue to the Commissioner of Highways to lobby for that very remedy.





ADJOURNMENT: There being no further business the meeting adjourned at 9:00 p.m.







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City Clerk Mayor