REGULAR MEETING MARCH 20, 2001:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, March 20, 2001 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, Greg Good, Teresa Miller, Ronald Justice, Bill Byrne, Betty McClain, and Jeff Mikorski, Assistant to the City Manager.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on March 6, 2001, were approved as printed.
CORRESPONDENCE:
Councilor Byrne requested that Council give an additional $2000 to the Community Coalition for Social Justice to help them to continue to promote social justice in this community.
Mayor Scafella suggested that this request be done under unfinished business after the second reading of the budget ordinance as an amendment.
Councilor Good mentioned that the Mon. River Trails Conservancy will be hosting a Tri-County Rail-Trail Sustainability Symposium to address long-term management of the North Central Rail Trail on Thursday, April 5, from 10am-3pm at the Westvaco Natural Resources Center.
Mayor Scafella informed Council that the second meeting of City Council, County Commission and Transit Board will be on April 4, 2001, at 6pm at the Senior Center on High Street.
Mayor Scafella also mentioned a letter from David Bruffy, Manager of the Mountain Line Transit Authority informing the City that the Transit Authority Board took several initial steps in implementing recommendations of the Jenkins and Quinn ADA Assessment at their Board Meeting last Wednesday. The Board voted to reduce the Deviation Fare from 75 cents to 25 cents, voted their approval of an ADA Coordinator, established a Citizens Advisory Committee, initiated a number of rider surveys, approved preparation of new route maps and schedules and modifications of the destination signs on the buses, approved a solicitation for proposals for additional marketing and requested the assistance of the WV Division of Public Transit to solicit for an in-depth route and schedule study. Mayor Scafella suggested that those that are interested in serving on the Citizens Advisory Committee can get a form by calling the Transit at 291-7433.
Councilor Justice motioned to table the public hearing and second reading of AN ORDINANCE AMENDING ARTICLE 1751 OF THE CITY OF MORGANTOWN BUILDING AND HOUSING CODE BY ADDING THERETO A NEW SECTION 1751.171, AS THE SAME APPLIES TO HARD WIRED SMOKE DETECTORS due to the fact that there is pending legislation whereby the state could adopt more stringent fire codes than current city code. Second by Miller. After discussion, motion carried 7-0.
PUBLIC HEARING-AMENDING 525.04 & 525.041 REFERENCE SELLING OR GIVING CIGARETTES TO A MINOR:
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-REPEALING ARTICLE 1721 UNINHABITABLE BUILDINGS:
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-REPEALING ARTICLE 1715 ENFORCEMENT OF NATIONAL FIRE CODES BY BUILDING DEPARTMENT PERSONNEL:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
This public hearing was pulled by acclamation as stated above.
PUBLIC HEARING-AMENDING ARTICLE 1719 REPAIR AND DEMOLITION OF UNSAFE STRUCTURES:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
There were no appearances or objections. Mayor Scafella declared this hearing closed.
PUBLIC HEARING-AMENDING ARTICLE 1751 BY ADDING 1751.71 HARD WIRED SMOKE DETECTORS:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
The above entitled ordinance was tabled by Council by acclamation.
PUBLIC HEARING-ANNUAL BUDGET 2001-2001:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
Frank Ferrell, 26 Outlook Street, questioned that, in the budget line item for the community center, the amount has dropped to $100,000 from $500,000?
Mayor Scafella commented that the City Manager will respond to that later in the meeting.
Mr. Ferrell then commented that the paving list is down to $300,000 and in years gone by we have been up to $400,000. Mr. Ferrell stated that he has, in the past, advocated a tax cut for the residents of Morgantown to give something back to the people. Then the people/residents will respond better to an Excess Levy, for example, to help with the needs of equipment etc., for the Fire Department to better protect this community.
Florence Merow, 669 Colonial Drive, mentioned the possibility of the City putting in drinking water fountains at the Riverfront Park when they are putting in the restrooms in. Ms. Merow commented that, at the legislature, we used to use what is called a fiscal note, and suggested that this Council should do a cost estimate of how much it will cost for that particular project. Mrs. Merow wanted to correct her comment at the last meeting about line items, which she thinks that council should have more discussion on those line items.
There were no more appearances or objections. Mayor Scafella declared this hearing closed.
UNFINISHED BUSINESS:
AMENDING SECTIONS 525.04 & 525.041 SELL OR GIVING TOBACCO PRODUCTS TO MINORS: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTIONS 525.04 AND 525.041 OF THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLY TO FINES FOR SELLING OR GIVING CIGARETTE OR OTHER TOBACCO PRODUCTS TO A MINOR AND FINES FOR THE USE OR POSSESSION OF TOBACCO OR TOBACCO PRODUCTS BY A MINOR.
Motion by Salucci, second by Miller, to adopt the above entitled Ordinance. Motion carried 7-0.
REPEALING ARTICLE 1721 UNINHABITABLE BUILDINGS: The following entitled Ordinance was presented for second reading:
AN ORDINANCE REPEALING ARTICLE 1721 OF THE CITY OF MORGANTOWN'S BUILDING AND HOUSING CODE, AS THE SAME APPLIES TO UNINHABITABLE BUILDINGS.
After discussion, motion by Byrne, second by McClain, to adopt the above entitled Ordinance. Motion carried 7-0.
REPEALING ARTICLE 1715 ENFORCEMENT OF NATIONAL FIRE CODES BY BUILDING DEPARTMENT PERSONNEL: The following entitled Ordinance was presented for second reading:
AN ORDINANCE REPEALING ARTICLE 1715 OF THE BUILDING AND HOUSING CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO ENFORCEMENT OF NATIONAL FIRE CODES BY BUILDING DEPARTMENT PERSONNEL.
After discussion, motion by Miller, second by Byrne, to adopt the above entitled Ordinance. Motion carried 7-0.
AMENDING ARTICLE 1719 REPAIR AND DEMOLITION OF UNSAFE STRUCTURES: The following entitled Ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1719 OF THE CITY OF MORGANTOWN HOUSING CODE, AS THE SAME APPLIES TO REPAIR AND DEMOLITION OF UNSAFE STRUCTURES, AND COLLECTION OF COSTS INCURRED.
After discussion, motion by Miller, second by McClain, to adopt the above entitled Ordinance. Motion carried 7-0.
AMENDING ARTICLE 1751 AND ADDING 1751.171 HARD WIRED SMOKE DETECTORS: The following entitled Ordinance was presented for second reading
AN ORDINANCE AMENDING ARTICLE 1751 OF THE CITY OF MORGANTOWN BUILDING AND HOUSING CODE BY ADDING THERETO A NEW SECTION 1751.171, AS THE SAME APPLIES TO HARD WIRED SMOKE DETECTORS.
The above entitled ordinance was tabled by Council by acclamation.
ADOPTION OF THE ANNUAL BUDGET FOR 2001-2002: The following entitled Ordinance was presented for second reading:
AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF
MORGANTOWN FOR THE FISCAL YEAR 2001-2002.
Motion by Byrne, second by Miller, that the budget be amended to include an expenditure of $2000.00 out of the Capital Escrow Account to the Community Coalition for Social Justice. Motion carried 7-0.
Mayor Scafella commented on the budget and highlighted that this budget is oriented to growth and opportunities for Morgantown. By looking at the Capital Escrow Account, you can tell the economy is strong, stable, promising and growing. We have had 2000 building permits issued in the last year and $200 million worth of construction in the City of Morgantown. We have added 1000 new jobs with Tele-Tech at the Mountaineer Mall, pay raises to City Employees at 4%, a 25% increase in the cost of living in the past 8 years, and a 33% increase in health insurance costs. We have made adjustments there and that program, too, is healthy. We have one debt as a city and that is the Spruce Street Parking Garage. That is being paid off; we inherited that. Cities throughout this State are borrowing money to operate day to day. For Capital Improvements in 91-92, there were zero dollars to commitment for equipment for Police & Fire, all departments had zero commitment. This year we are committing one million thirty-eight-thousand five-hundred dollars to expenditures to BOPARC, Police Department, Fire Department, Met Theater, Habitat For Humanity, new computers for Finance, and equipment for Engineering Department. So the budget is strong and the City is strong and healthy.
City Manager Dan Boroff responded to Mr. Ferrell in reference to the Community Center. At one point, $500,000 was set aside for this and studies were done on making this possible. But since it has not happened, those monies were relocated to other projects. But there is still the possibility of a Community Center being developed in the future. With regard to the Street-Paving Program, this Council in the last 7 years has had an aggressive street resurfacing program every year and it has varied from as low as $150,000 to as high as $450,000 in one year. For the current year, it is budgeted at $300,000, and for the upcoming year also $300,000.
A vote was taken to adopt the above entitled budget Ordinance as amended. Motion carried 7-0.
PUBLIC PORTION:
Florence Merow, 669 Colonial Drive, mentioned that not only did Council inherit only one debt, but also inherited from previous Councils the first buses, new building and housing codes, City Charter, improved budget, open meeting, Main Street Morgantown, Hazel Ruby McQuain Park, street lighting, sidewalks, B&O Tax exemption for new and expanding businesses, Beautification Commission was developed and a Senior Center, which have been a lot of good things. When I was on Council, we did a lot of good things and we were always in the black, never in the red.
John Dewy, WVU Student, commented on the Hard Wire Smoke Detector ordinance and wondered why City Council and City Administration hadn't done more research on the cost. If this council is really concerned about the safety of the students, they should table this until more research is done. Mr. Dewy also mentioned that since Councilor Miller's husband is an electrician, then maybe he could help.
Frank Ferrell, 26 Outlook St., commented that Mr. Cohen could not be here but was concerned about dirty streets and cinders. Mr. Ferrell told him the street sweeper should get to Ross St. soon. The police officer in the school is a good thing. Charleston has not increased their fire fee in 15 years, the Civic Center has been losing money, and Mr. Ferrell doesn't believe they have a rental inspection system. The Pine St. dump has finally been taken care of. The illegal parking space on Pine St. is still there. The dirt excavated from the site was illegally dumped in 1998 and still has not been compacted. Mr. Ferrell handed out a memo including a letter from the City Engineer and a 1990 newspaper article about fire trucks and narrow streets. Mr. Ferrell is worried about fire vehicles not having an adequate ingress to Pine St.
SPECIAL COMMITTEE REPORTS:
Mayor Scafella mentioned that there will be an Airport Committee Meeting on Thursday, March 22, 2001, at 7:30 a.m. at the Airport Conference Room.
Councilor Good mentioned the Umbrella Group will be sponsoring Project Pride: Green-up Mon County and an organizational meeting will be held tomorrow at 1:00 p.m. in Marilla Park.
Councilor Justice added that the Umbrella Group will meet on March 29, at 8:00 a.m., in the Public Safety Building. Beechurst Avenue property owners will meet on March 29, at 6:00 p.m., in the Public Safety Building.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF AN AMENDATORY ORDINANCE AMENDING THE DEFINITION OF "THE PROJECT" AS DESCRIBED IN THE REVENUE BONDS SERIES 2000: The following entitled Ordinance was presented for first reading:
AN AMENDATORY ORDINANCE PROVIDING FOR THE AMENDMENT OF THE DEFINITION OF "THE PROJECT" AS SAID TERM IS DESCRIBED IN THE ORDINANCE AUTHORIZING THE ISSUANCE OF THE COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2000 A (WEST VIRGINIA SRF PROGRAM), AND COMBINED WATERWORKS AND SEWERAGE SYSTEM REVENUE BONDS, SERIES 2000 B (WEST VIRGINIA INFRASTRUCTURE FUND), OF THE CITY OF MORGANTOWN.
After discussion, motion by Salucci, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING AN AGREEMENT TO HAVE LOCAL POLICE SERVE AS OFFICERS IN THE LOCAL SCHOOL SYSTEM: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY BOARD OF EDUCATION AS THE SAME APPLIES TO MORGANTOWN POLICE OFFICERS SERVING AS PREVENTION/RETENTION OFFICERS AND LOCAL SCHOOL SYSTEM.
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 AUTHORIZING MR. DAN BOROFF, CITY MANAGER, TO ACT ON ITS BEHALF TO MAKE APPLICATION FOR AND UPON AWARD ENTER INTO A CONTRACTUAL AGREEMENT WITH THE CRIMINAL JUSTICE AND HIGHWAY SAFETY DIVISION TO RECEIVE AND ADMINISTER GRANT FUNDS PURSUANT TO PROVISIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Salucci, second by Byrne, to adopt the above entitled Resolution. Motion carried 7-0.
CITY MANAGER'S REPORT:
INFORMATION:
The City's new PPO Health Program will be effective April 1, 2001. Seven meetings have been scheduled this month for employees, spouses, and retirees to explain the program and distribute materials. Follow up meetings and one on one sessions will be held as necessary.
NEW BUSINESS:
ITEM NO. 1:
The first attachment is a proposed revision of the Firefighter's Civil Service Rules and Regulations. The principal changes are:
Based upon the needs of the Department, I recommend that the change be approved.
Motion by Byrne, second by McClain, to approve the above revisions to the Fire Civil Service Rules & Regulations. Motion carried 7-0.
ITEM NO. 2:
The second attachment is a proposed revision of the Police Civil Service Rules and Regulations. The only change suggested is increasing the residency requirement of the City from 10 air miles of the station to within 15 air miles of the station. Chief Lucci explains that this change will not diminish the effectiveness of the Department but it will improve the Department's recruitment program. Based upon the merits of this issue, I recommend that the change be approved.
Motion by Salucci, second by Byrne, to approve increasing the residency requirements for the Police Department from 10 air miles of the station to within 15 air miles of the station. Motion carried 7-0.
CITY CLERK'S REPORT
City Clerk Linda Little mentioned once again the City is still needing pollworkers for the April 24, 2001, Election, to give the office a call at 284-7439.
CITY ATTORNEY'S REPORT:
No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: Councilor Salucci gave a rough estimated cost of $500,000 for landlords for hard wired smoke detectors but one landlord estimated it would cost just him that much. Requiring it to be done in 120 days only allows 86 working days. This means a minimum of 58 units installed each day and are there enough certified electricians? We need a better cost estimate and the new regulations will probably be more stringent and to take another look at the time period.
Councilor Good: Councilor Good reported a problem with a porch being used as storage on Jackson St. along with illegal parking at the same address. Councilor Good noted the need to replace the sidewalk when construction of the WVU Foundation building in the Wharf District is finished and mentioned the live wire on Don Knotts Blvd.. Councilor Good mentioned the cooperative activity going on to clean up trash and reported a group will meet at the USS WV flag pole at 1p.m. on Friday to assess the Falling Run area for trash. Councilor Good requested a systematic review of codes for sidewalks and right -of-ways.
Councilor Miller: Councilor Miller responded to a newspaper letter by saying that although her husband is a licensed electrician, he makes his living as a lawyer. Councilor Miller defined unfunded mandates and stated hard wired smoke detectors are not an unfunded mandate and safety is the issue.
Councilor Justice: Councilor Justice moved to appropriate $324 from the contingency fund for Partners in Education to purchase homework folders, second by Salucci. Motion carried 7-0. Councilor Justice introduced Christy Shaffer, a new Board of Governors Liaison. Councilor Justice noted the Pine St. issue will be discussed at tomorrow's meeting. Councilor Justice stated Mon-Art will be doing their clean up the first Monday of April. Councilor Justice requested Roosevelt St. be put on Traffic Commission Agenda because it is too small for the current speed limit. Councilor Justice requested a meeting with the owner of the new Campus Dr. building re the pole in the middle of the sidewalk. Councilor Justice received a call about the cost of the Fire Department opening over 800 car doors and asked for a report about the necessity and the cost. Councilor Justice noted the Quota Club Dinner will be Saturday at 6:30 in Westover and the cost is $40 for two.
Councilor Byrne: Councilor Byrne announced the Trail Walk sponsored by WVU Hospitals on Saturday. Councilors Byrne and McClain and others met with a company representative that sells smoke and CO2 detectors. Councilor Byrne noted a report by the City Manager that 830 smoke alarms have been hard wired in the City since January 1, 2001. The average cost of 380 of the 830 was $70.25 and was not broken down into new or existing construction. Councilor Byrne endorsed Councilor Good's sidewalk project to increase the walk ability of our city.
Councilor McClain: Councilor McClain asserted that the search for the young man showed how necessary a rescue boat is for the waterfront.
Mayor Scafella: Mayor Scafella stated cars are still turning left on red at Spruce and Pleasant and also turning right on red from the bridge.
Councilor Miller remarked the new lights are up on Patteson Drive.
Mayor Scafella differed with Mr. Ferrell over the tax break. The Mayor believes the citizens appreciate the amount of capital put into the infrastructure and the Stewart St. sidewalk is in terrible shape. We have been asked to put in a sidewalk on Falling Run and it would cost $70,000. Mayor Scafella noted as regards the unfunded mandate issue one person has hard wired 184 units at a cost of $25,500. There is a lot of variation in the cost of detectors. Mayor Scafella announced a meeting of landlords and Council candidates at the Holiday Inn at 6:30 on Thursday and invited citizens to listen.
ADJOURNMENT: There being no further business the meeting adjourned at 9:00 p.m.
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City Clerk Mayor