Morgantown City Council Minutes for 6-6-2000

REGULAR MEETING JUNE 6, 2000:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 6, 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, Betty McClain, and Jeff Burdoff, Assistant to the City Manager.

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes of the regular meeting on, May 16, 2000, were approved as printed.

CORRESPONDENCE:

Councilor Byrne introduced the two brave children that were attacked by dogs that needed to be recognized for their courage: Katherine Baker and Drew Callendrelli. Because of this incident, Council placed into affect a new Dangerous Dog Ordinance. Both families commented that they were glad Council passed a Dangerous Dog Ordinance so that this type of incident will not happen again.

Mike Ligouri, Adelphia General Manager, announced that Adelphia will be offering additional channels, digital cable and will carry a basic package of 25 channels for a low price.

PUBLIC HEARING- AMENDING SECTION 17 ZONING ORDINANCE REQUIREMENTS FOR INDUSTRIAL PARKS:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.

Milton Cohen, 1060 Ross Street, commented that this needs to be debated more before passing, to make sure that this amendment in the Zoning Code is not going to harm the people of Morgantown.

There being no more appearances or objections, Mayor Scafella declared this hearing closed.

PUBLIC HEARING-AMENDING SECTION 19E TABLE 11 ZONING ORDINANCE REFERENCE INDUSTRIAL PARKS AND SHOPPING CENTERS:

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.

PUBLIC HEARING-AMENDING SECTION 13 & 16 ZONING CODE SHOPPING CENTERS:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.

Milton Cohen, 1060 Ross Street, commented do not pass this amendment to the Zoning code unless you can control what goes in these shopping centers.

There being no more appearances or objections, Mayor Scafella declared this hearing closed.

PUBLIC HEARING-AMENDING 1139.99 HEALTH & SANITATION CODE:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.

Vanessa Wojcik, Morgantown High School student and President of SEEP, commented that stricter laws need to be passed dealing with litter control, I have picked up litter several times and feel it is the responsibility of the person that does the littering.

Milton Cohen, 1060 Ross Street, commented that the language in this ordinance is too harsh and does not apply to American citizens.

There being no more appearances or objections, Mayor Scafella declared this hearing closed.

PUBLIC HEARING-AMENDING THE 1999-2000 ANNUAL BUDGET:

Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.

Milton Cohen, 1060 Ross Street, questioned why the City Manager and City Attorney lines was being increased almost $400,000 dollars a year to protect the citizens of Morgantown.

Mr. Cohen commented that this group is not protecting the citizens of Morgantown and in fact they hate the citizens of Morgantown.

Councilor Bloom requested a point of order. Comments are not appropriate.

Mayor Scafella asked Mr. Cohen to address the ordinance and not to attack individuals.

City Attorney, Steve Fanok, commented to Mr. Cohen that you are at this time on the borderline of defamation of character right now.

Mr. Cohen commented that he objects to the raises for the City Manager and City Attorney.

Mayor Scafella commented there are other raises here.

Mr. Cohen hesitated and said those two particular.

Mayor Scafella commented that in other words you are singling those two out and speaking on the whole ordinance.

Mr. Cohen responded by saying they are not publicly friendly.

Mayor Scafella commented that is your opinion and thank you very much for your comments. You can be seated.

There being no more appearances or objections, Mayor Scafella declared this hearing closed.

UNFINISHED BUSINESS:

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING SECTION 17-ZONING ORDINANCE-INDUSTRIAL PARKS: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 17 OF THE ZONING ORDINANCE ESTABLISHING REQUIREMENTS FOR INDUSTRIAL PARKS.

After discussion, motion by Bloom, second by Salucci to adopt the above entitled ordinance. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING SECTION 19E & TABLE 11-ZONING ORDINANCE-INDUSTRIAL PARKS & SHOPPING CENTERS: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTION 19E AS WELL AS TABLE 11 OF THE ZONING ORDINANCE AS THE SAME APPLIES TO INDUSTRIAL PARKS AND SHOPPING CENTERS (CONDITIONAL USES) BY DELETING REFERENCE TO THE SAME.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING SECTIONS 13&16-ZONING CODE-SHOPPING CENTERS: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING SECTIONS 13 AND 16 OF THE ZONING CODE AS THE SAME APPLIES TO SHOPPING CENTERS.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING 1139.99 HEALTH & SANITATION CODE: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING 1139.99 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO THE PENALTY FOR LITTERING; PERMITTING PREMISES TO BECOME UNSANITARY AND HAZARDOUS.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING THE FY 1999-2000 BUDGET: The following entitled ordinance was presented for second reading:

AN ORDINANCE AMENDING THE FY 1999-2000 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.

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

BOARDS AND COMMISSIONS:

FIRE CIVIL SERVICE COMMISSION:

Councilor Justice motioned by acclamation to appoint Charles Wise, Attorney to serve as the Chamber of Commerce Representative on this commission for a 4-year term.

PUBLIC PORTION:

Horace Belmear, 929 South Pointe Circle, commented that he lives in the middle of the circle and I have to back out of my driveway and it is dangerous especially in the winter it gets icy and I am afraid my wife will go over the hill. Mr. Belmear also commented that there are no Street Lights and also the streets are broken up and there are potholes and asked if the City could take a look at his requests.

Florence Merow, 669 Colonial Drive, informed Council about the activities going on for the July 4^th River Festival to celebrate the new park and promote the 15^th annual Mason Dixon Festival and thanked Council for their support and participation and that the July 4^th River Festival will not interfere with Celebration of America activities.

George Longenecker, President, West Virginia Botanic Garden, Inc., reported that timbering has been completed at Tibbs Run Reservoir and complimented the timbering crew for being sensitive to the needs of developing the botanic garden. He spoke in support of the timbering of the Mayfield property.

Connie DeVore, 668 Colonial Drive, League of Women Voters, requested that Boards and Commissions positions be made public one month before choices made . She asked for limits of two terms or ten years. Good government should include many viewpoints.

Milton Cohen, 1060 Ross Street, Council shall not lessen or reduce any City Charter requirements: the letter from Tom Arnold should be an ordinance with 2 readings; City Manager has items that require ordinances; this misbehavior should not be tolerated by the citizens.

Frank Ferrell, 26 Outlook Street, City Manager's report mentions the departure of the City Planner. Rich Lane did an excellent job and would have served the community even better as his knowledge of the city grew. A number of street signs are down. The Mayor asked for a detailed list for the City Manager's office. Mr. Ferrell spoke in favor of the annulment of part of First Street. He remarked that fortunately Ron Justice got involved in the meeting for the proposed group home on Richwood Avenue and it was defeated.

Vanessa Wojcik, asked for both a fine and community service for littering. By making it harsher - it is the American way - it will stop people from littering and make our community more beautiful.

SPECIAL COMMITTEE REPORTS:

No report.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING A ROADWAY AGREEMENT WITH COLUMBIA NATURAL RESOURCES : The following entitled ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING A ROADWAY AGREEMENT AND ACCOMPANYING ROADWAY DAMAGE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, GRANTOR, AND COLUMBIA NATURAL RESOURCES, INC., GRANTEE, THROUGH LAND ACQUIRED BY DEEDS FROM M.J.R. & EDITH ZIRKLE AND ROBERT H. & MARY

O. HARTLEY AND RECORDED IN DEED BOOKS 581 AT PAGE 426

AND 628 AT PAGE 523, IN MONONGALIA COUNTY CLERK'S OFFICE

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

CONSIDERATION OF APPROVAL ESTABLISHING THE RATES OF PAY FOR EMPLOYEES 2000-2001: The following entitled ordinance was presented for first reading:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION

FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR

2000-2001.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL AND HAZARDOUS DUTY PAY: The following entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE UPDATING THE AIRPORT MASTER PLAN: The following entitled ordinance was presented for first reading:

AN ORDINANCE UPDATING THE MORGANTOWN MUNICIPAL AIRPORT MASTER PLAN DATED DECEMBER, 1993 AND APPROVING FACILITY IMPROVEMENTS AND PURCHASE OF EQUIPMENT FOR THE NEXT FIVE YEARS.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE ANNULLING PORTION OF FIRST STREET IN THE THIRD WARD: The following entitled ordinance was presented for first reading:

AN ORDINANCE VACATING, ABANDONING, AND ANNULLING A 17' RIGHT-OF-WAY EXTENDING ALONG A PORTION OF FIRST STREET AND RUNNING A DISTANCE OF APPROXIMATELY FIFTY-NINE FEET FROM ITS INTERSECTION WITH UNIVERSITY AVENUE, IN THE THIRD WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING CONVEYANCE OF PROPERTY: The following entitled ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY TO THE CITY OF MORGANTOWN, AS AUTHORIZED AND REQUIRED BY THE CHARTER OF THE CITY OF MORGANTOWN, SECTION 2.12(7).

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE FOR THE SALE OF TIMBER: The following entitled ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, BY AND THROUGH THE MORGANTOWN UTILITY BOARD, AND ALLEGHENY WOOD PRODUCTS, A WEST VIRGINIA CORPORATION, FOR THE SEVERANCE AND SALE OF TIMBER UPON CERTAIN CITY PROPERTY.

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 BID TO SEAL AND CAULK PARKING GARAGE:

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

CITY MANAGER'S REPORT:

INFORMATION:

ITEM NO. 1:

With considerable regret, I am informing Council that the City Planner Rich Lane is resigning from his position effective June 30, 2000. During his time with the City, Rich has accomplished a great deal and will be very much missed.

ITEM NO. 2:

As per your direction, a steering group is being formed to study storm water management in the major watersheds affecting the City. As this work progresses, I will keep you advised.

ITEM NO. 3:

In the near future, BFI will be improving recycling services in the City by standardizing its collection schedules. Currently one half of the City is collected on two, alternating weeks of the month, and the second half is collected on the other two alternating weeks of the month. With the new schedule, the entire City will be collected in the same two alternating weeks.

ITEM NO. 4:

Last month a significant accident occurred in Sabraton involving three bus loads of children from Kentucky. Area Emergency Services and hospitals professionally and expertly responded in a superlative fashion. The entire community can be justifiably proud of the men and women that comprise these organizations and their dedicated commitment to their profession.

NEW BUSINESS:

ITEM NO. 1:

Terry Hough, Public Works Director is recommending that Orange Construction do the work at Dogwood Avenue near Killarney Drive to do repairs after the flood in February for $94,000.00 on an emergency basis.

After discussion, motion by Miller, second by McClain to approve Orange Construction as low bidder at $94,000 for flood repair at Dogwood Avenue. Motion carried 6-0 (Bloom absent).

ITEM NO. 2:

Attached is a letter from Steptoe & Johnson regarding a proposal from Glenmark for constructing two or three public parking spaces for access to Rails to Trails along with their parking lot. This is a gift to the City.

After discussion, motion by Justice, second by McClain to accept the public parking spaces. Motion carried 6-0 (Bloom absent).

REPORT FROM CITY CLERK:

The United Way Collasessano Pepperoni Roll Sale was a success and made $2,221 for the United Way. Thank you for your support.

REPORT FROM CITY ATTORNEY:

No report.

REPORT FROM COUNCIL MEMBERS:

Councilor Salucci: Councilor Salucci mentioned a report from the Fire Department listing 80 fires started in 3 months. Contributing to fires and attacks on Fire Fighters need to be addressed.

Councilor Bloom: Left at 9:00 p.m. for another meeting.

Councilor Miller: Councilor Miller said someone had suggested a Task Force to look at this problem of fires. She and Councilor Justice have seen the debris left after some of the fires. Councilor Miller received complaints about parking, particularly in the evening. Not all the restaurants participate in the validation program.

Councilor Justice: Councilor Justice suggested revisiting parking downtown at the COW. There are a lot of weeds growing along Charles, Richwood, and Sabraton Avenues, much of it on public right-of-ways. The Task Force will meet on June 28. There are 20 individuals on the Task Force which is modeled after the Housing Task Force. Councilor Justice recognized Florence Merow for Rail/Trail project.

Councilor Byrne: Councilor Byrne advised Council of the final meeting of the Accessibility Task Force. There will be a draft discussion. Thanked Jeanne Grimm for heading task force and John Martys. Councilor Byrne received a phone call from a lady concerned that in the construction of the South High Street Bridge, CVS will close and the State take that property.

The City Manager replied that CVS is planning to stay open.

Councilor McClain: Councilor McClain reported that Channel 12 contacted the Suncrest Neighborhood Group about filming storm water treatment in Suncrest for a newscast. Councilor McClain hopes the United Way really appreciates what Linda Little has done for them. Councilor McClain received a suggestion to post Rail/Trail rules on all the mile markers.

Mayor Scafella: Mayor Scafella and Council moved the July 4^th meeting to the 5^th. Mayor Scafella had a recommendation to have bells on Rail/Trail bicycles. He responded to the newspaper letter re Florence Merow by clarifying that the dedication was for the Trail, not Riverfront Park. We are all very sorry to see Rich Lane go. He was key on the Housing Task Force and moving the comprehensive plans recommendations forward to implementation. Mayor Scafella reported that the West Run Expressway committee will hold its final meeting on June 15 and does have a recommendation for the DOH.

ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:25 p.m.

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City Clerk Mayor