REGULAR MEETING MARCH 6, 2001:

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

The meeting was called to order by the Mayor.

APPROVAL OF THE MINUTES: Minutes from the regular meeting on February 20, 2001, were approved as printed.

CORRESPONDENCE:

Mayor Scafella mentioned the Logo/Art work done by Butch Lee, a well-known local artist, representing the Number One Dreamtown designation we were lucky to receive, last year by Biz-Journal.Com. Mayor Scafella informed the public that this Logo will be turned over to the CVB to use as a marketing tool for the Greater Morgantown Area, probably for T-shirts or mugs, and will be copyrighted by the CVB.

Mayor Scafella read a proclamation observing the first Monday of each month as "MON-Day," a day in which the citizens come together for the good of our community in a monthly effort to pick-up litter along the Caperton Rail/Trail. Mike Corrigan, Anthony Giambrone, Mac Warner, Zip Shearer, and the Mountaineer Council cleaned the Rail/Trail bank behind Mountaineer Court.

Mayor Scafella forwarded an e-mail to the City Manager from Richard George, Apollo Drive, that suggested putting guards on smoke detectors in rental units that would each cost about $40.00.

PUBLIC HEARING-LEASE BETWEEN THE CITY & WV BOTANIC GARDEN:

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 St., asserted that a 25-year lease is beyond the conception of anyone. This is the third time in more than 10 years that I've beaten Tibbs Run. $1 for 25 years is madness. Council goes against needs of the citizens and it is totally irresponsible. We are coming up on an Election year. Also, this Council needs to treat the citizens as Governor Wise does - as customers. Mr. Cohen asked the City Attorney, "Who wrote this ordinance?"

City Attorney, Steve Fanok, responded by saying that this ordinance was prepared by Tim Stranko, Attorney for MUB, Botanic Garden representatives had their input, and also the City Manager. Mr. Fanok commented that the grantor is the City of Morgantown, not MUB, and the timber is owned by the City of Morgantown. The only reason we are here this evening is extending the lease from 5 years to 25 years so the Botanic Garden people can apply for grant monies to improve the appearance of the Botanic Garden for the public.

Mr. Cohen said he is concerned about the 25 years...

Mayor Scafella replied, "Mr. Cohen, thank you."

George Longenecker, Pres. WV Botanic Garden, Inc., stated that "many of the concerns that Mr. Cohen addressed, we looked at very carefully. We will be building a Botanic Garden that will be pleasing to the community and this lease will be reviewed every five years to make sure things are going along properly with this."

John Duarte, 460 Grove Street, supports Green Space and open space but feels that the City is having a problem in maintaining all of these open spaces and would like to see this area addressed.

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

UNFINISHED BUSINESS:

CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY & WV BOTANIC GARDEN:

The following entitled Ordinance was presented for second reading:

AN ORDINANCE AUTHORIZING THE AMENDMENT OF A LEASE BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND WEST VIRGINIA BOTANIC GARDEN, LESSEE, AS THE SAME APPLIES TO THE LEASE TERM.

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

BOARDS AND COMMISSIONS:

The City Clerk mentioned to Council that the Citizens' Advisory Committee met one time last year. All of the terms are up and Council needs to decide what to do with this committee. Councilor Good asked for copies of the rules for membership etc., for the Board, and asked the City Clerk to place that information in Council's mail.

PUBLIC PORTION:

Jim Prete suggested that Boards and Commissions term limitations need looked at because there are 7 Wards and 2 members of the BZA are from the same ward. Mr. Prete also suggested that a smoke detector be put in a cage. The ordinance proposed was not quite thought out and this Council needs to look at this ordinance closer. Mr. Prete commented that the Rezoning B-4 solution to the problem encompasses rezoning of property to Donley Street.

Belinda Nicholas Solen and Dr. Penny Fagg thanked Council for their support of the Boys and Girls Club which is full of young, bright, intelligent children. They invited all of Council to come to the Boys and Girls Club and ask the children and parents how much they appreciate and enjoy the activities that are offered to meet the needs of the children in this community.

John Duarte, 460 Grove St., "The COW meeting was a good meeting and in reference to the Wharf it makes sense to make the entire area a pedestrian area." Mr. Duarte also mentioned that people must step up to the plate and be responsible. Mr. Duarte commented that, referring to the smoke alarms, landlords need to be more responsible. It is not always the tenants that are negligent.

Richard Panico commented that he is against hard wired fire detectors for, in a sense, this not only discriminates against the landlords and the tenants, but also the citizens. The City should mandate all structures have these detectors.

James Wharton, Fairmont apartment owner since 1977, tried hard wired and commented that tenants will unwire them and cages don't work either. 90% of fires are caused by people and the people (landlords/tenants) need educated.

Dave Biafora questioned "why would you rezone or change 23 parcels to put in a parking lot when you can go to the BZA, for I have parking lots in B-4 areas? Is there something that has changed? I believe there is favoritism here."

Mayor Scafella commented that the City Manager will respond when the public portion is over.

Joe Panico, Beechurst Ave., asked if there will be a Public Hearing on smoke detectors at the next regular meeting on the 20^th. "Don't just push this through and let's look at this and discuss this."

City Attorney, Steve Fanok, commented that "any ideas or comments anyone has, please bring them to either me or the City Manager."

Frank Ferrell, 26 Outlook St., said he has 8-9 issues but not enough time to speak. The 3 minute rule needs to be modified, especially when the agenda has 9 issues. At least change to 4-5 minutes. In reference to the school shooting in San Diego, we need 2 policemen in the high schools, MHS and UHS. The number of citations for garbage is good, but can you be ticketed if someone throws their garbage on your property? This logo that is $2,000 when was it brought up and when did Council vote on this? Who was considered to do this art work?

Milton Cohen, 1060 Ross St., "The infrastructure of our town and the costs need to be done by an Urban Developer, and needs a cost estimate and need advice of developers and a cost benefit study of what is going to happen next 50 years. This is taxation without representation."

Don Corwin praised the Police Dept. His tenants on Grant Avenue had a window broken, shot by a potato shooter that left a ½ inch scar in oak. By 9:00 the next night the Police Dept. had them. This person needs to be taken through the coals. Just like fire detectors, you can change the laws but you can't protect everybody. We need to be responsible for ourselves.

SPECIAL COMMITTEE REPORTS:

Ron Justice motioned to approve the Umbrella Group for the Solid Waste Task Force to monitor and continue cleaning up litter and to pool resources together and develop new programs. Second by Miller. Passed by acclamation.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING SECTIONS 525.04 AND 525.041 OF THE GENERAL OFFENSES CODE: The following entitled ordinance was presented for first 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.

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 AN ORDINANCE REZONING 7 PARCELS OF REAL ESTATE IN THE SECOND WARD FROM R-1A TO R-2: The following entitled ordinance was presented for first reading:

AN ORDINANCE PROVIDING FOR THE REZONING OF SEVEN(7) PARCELS OF REAL ESTATE IN THE SECOND WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE FAMILY RESIDENTIAL DISTRICT TO (R-2) SINGLE AND TWO FAMILY RESIDENTIAL 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 Justice, second by Good, to deny the above entitled ordinance. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF AN ORDINANCE REZONING 1 PARCEL OF REAL ESTATE IN THE FOURTH WARD FROM PRO TO B-1: The following entitled ordinance was presented for first reading:

AN ORDINANCE PROVIDING FOR THE REZONING OF ONE (1) PARCEL

OF REAL ESTATE IN THE FOURTH WARD OF THE CITY OF MORGANTOWN FROM (PRO) PROFESSIONAL, RESIDENTIAL, AND OFFICE DISTRICT TO (B-1) NEIGHBORHOOD BUSINESS 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.

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

CONSIDERATION OF APPROVAL OF AN ORDINANCE REZONING 23 PARCELS OF REAL ESTATE IN THE FIRST WARD FROM B-4 GENERAL BUSINESS, NON-PEDESTRIAN TO B-4 GENERAL BUSINESS, PEDESTRIAN: The following entitled ordinance was presented for first reading:

AN ORDINANCE PROVIDING FOR THE REZONING OF TWENTY-THREE

(23) PARCELS OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (B-4) GENERAL BUSINESS, NON-PEDESTRIAN DISTRICT TO (B-4) GENERAL BUSINESS, PEDESTRIAN 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 Byrne, second by McClain, to pass the above entitled ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF AN ORDINANCE REPEALING ARTICLE 1721 OF THE BUILDING AND HOUSING CODE: The following entitled ordinance was presented for first 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 Miller, second by McClain, to pass the above entitled ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF AN ORDINANCE REPEALING ARTICLE 1715 OF THE BUILDING AND HOUSING CODE: The following entitled ordinance was presented for first 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 McClain, to pass the above entitled ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING ARTICLE 1719 OF THE HOUSING CODE: The following entitled ordinance was presented for first 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 Salucci, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.

CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING ARTICLE 1751 BY ADDING 1751.171 (HARD WIRED SMOKE DETECTORS) OF THE HOUSING CODE: The following entitled ordinance was presented for first 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.

After discussion, motion by Justice, second by Salucci to table the above entitled ordinance. Motion defeated 4-3. (Salucci, Justice and Scafella voted YES).

After discussion, motion by Justice, second by Salucci, to amend the ordinance by adding Day Care Centers and Home Occupations to the above entitled ordinance. Motion carried 4-3. (Good, Byrne and McClain voted NO).

After discussion, motion by Byrne, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 4-3. (Salucci, Justice and Scafella voted NO).

CONSIDERATION OF APPROVAL OF AN ORDINANCE ADOPTING THE BUDGET FOR 2001-2002: The following entitled ordinance was presented for first reading:

AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF MORGAN-TOWN FOR THE FISCAL YEAR 2001-2002.

After discussion, motion by Miller, second by Good, to amend the Inter-generational Walk T-shirt funding from $2,000 to $500. Motion carried 6-1. (Salucci voted NO).

After discussion, motion by Miller, second by Justice, to

amend the amount for the Mason Dixon Festival to $3,000. Motion carried 6-0. (Justice Abstained).

After discussion, motion by Salucci, second by Good, to amend the above entitled ordinance to add $39,097 to the General Contingency Fund, $60,000 to the Escrow Contingency, and $30,000 to increase the Health Insurance Fund from 4% to 8%. Motion carried 7-0.

After discussion, motion by Byrne, second by Salucci, to pass

the above entitled ordinance to second reading. Motion carried 7-0.

CITY MANAGER'S REPORT:

INFORMATION:

ITEM NO. 1:

At Council's direction, the City Police Department and Code Enforcement Department have reinforced a compliance program to improve the appearance of Morgantown. As a result of this program, 330 citations have been issued for trash/litter; 61 exterior code violation notices processed; and 5 buildings condemned. The City will continue this program but more important, asks City residents and businesses to take care of their own property as a matter of pride in Morgantown.

NEW BUSINESS:

ITEM NO. 1:

As per recent budget discussions and the first attachment, I recommend that the City contract with Greenhorne & O'Mara, Inc. for $3,350 to perform right-of-way work on Patteson Drive. These services are necessary to support the new sidewalk project scheduled for this summer.

Motion by Salucci, second by Good, for Greenhorne & O'Mara to perform right-of-way work for $3,350. Motion carried 7-0.

ITEM NO. 2:

The Fire Department has received two bids from Middletown Tractor Sales of Fairmont for a first responder unit for the Rails Trails [diesel powered Gator with Medical Transport Package]. I recommend the low bid be awarded for a cost of $13,153 [$12,500 is budgeted - - the balance of $653 would be paid from the Capital Escrow Account Contingency Line].

Motion by Byrne, second by McClain, to award the first responder bid to Middletown Tractor Sales for $13,153. Motion carried 7-0.

ITEM NO. 3:

City Council has discussed seeking Federal/State grants to place a full time Police Officer in each of the City High Schools. Based upon the second attachment, I recommend that the City forward the grant application by mid March for the two positions for grant funding for a five-year period. The clear qualification of this recommendation is that if the grant funds are not extended beyond the five-year period, then the Board of Education will contribute 100% of the costs of the two positions for as long as they are in the schools.

Motion by Salucci, second by Byrne, to seek grants to place Police Officers in the City High Schools. Motion carried 7-0.

ITEM NO. 4:

As per the last attachment, the Airport Manager has identified a FAA discretionary funding source that can be used to update the Airport Master Plan. This will be a significant piece of work that can guide development of the Airport for the next decade. Given the benefits of this activity, I recommend that the City Staff be authorized to aggressively pursue this opportunity.

Motion by Miller, second by McClain, to pursue FAA discretionary funding to update the Airport Master Plan. Motion carried 7-0.

CITY CLERK'S REPORT:

City Clerk Linda Little introduced the new technical person behind the camera videotaping Council Meetings, Ryan Nuzum, working with Mike Perri this evening. Ms. Little also mentioned that the City is still needing pollworkers for the April 24, 2001 election.

STAFF ATTORNEY'S REPORT:

No report.

REPORT FROM COUNCIL MEMBERS: (in reversed order)

Councilor Salucci: No report

Councilor Good: Councilor Good mentioned that there is a new Morgantown Beautification Commission brochure in the City

Manager's office. There will be a Faith, Community and Environment Event at the First Presbyterian Church March 31^st, 9:30 to 3:00. For information you can call Rev. Susan McGee.

Councilor Miller: Councilor Miller stated that not only should condemned or unoccupied properties be cited, also those property owners that have been working on their homes for 20 years. Also, the property owners and landowners that live in another City, let's develop an ordinance to manage to get a response from them when needed. Councilor Miller mentioned the explosion of the power plant and requested a detailed report andexplanation. Mayor Scafella replied that OSHA has begun their report. The City Manager will follow up.

Councilor Justice:

Councilor Justice reflected that debate on issues was good but this Council keeps sight of the big goal. Councilor Justice mentioned that on Roosevelt St., which is a cut through street, there is a problem with speeding. Councilor Justice suggested that the City look at changing to 15 mph on residential streets (10 to 15 feet in width) or maintain 25 mph. Councilor Justice suggested that this issue go to the Traffic Commission to take a comprehensive look at this. Councilor Justice informed Council of a BFI problem by Ali Baba's. They have called BFI and have had no response. They are paying extra money to get the dumpster cleaned but BFI is not responding. Ali Baba's has asked the City to contact BFI on its behalf. Councilor Justice suggested that if we have to give citations to the carrier (BFI), then we have to, for they are creating a lot of the problems, too. Councilor Justice brought up a constant complaint of condemned houses. These people keep buying permits and it is legal. Councilor Justice suggested that Morgantown people go to the Legislature to get this State law changed for municipalities.

Councilor Byrne mentioned that Jim Hunt and Clarksburg developed an ordinance for a property that remains unoccupied & condemned and asked City Manager to check on this.

Councilor Byrne: Councilor Byrne mentioned the City is funding the Boys & Girls Club $3,000 this year, and we are happy to do that for it is a good organization. Councilor Byrne asked if Sharon Polentes, in the Court, could get a copy of the arrest to the newspaper especially the building violations and trash citations in the Daily Report to increase the visibility of what we are doing and to let the

citizens know not to violate the law. The City Manager will follow through on this and will report back to

Council.

Councilor McClain: No report.

Mayor Scafella: Mayor Scafella commented that as a Little League Mayor of a Little League City he will give a Little League report to Mr. Cohen and Mr. Ferrell. Mr. Ferrell wants to address every issue and we thank you for this and we do read your memos. As far as the Logo goes, this Council asked Butch Lee to give a rendition of a logo giving the Dreamtown designation. This was presented at a Council Meeting for the public and was worked through in a systematic way. It will be marketed by the Convention and Visitors Bureau and will be on t- shirts and mugs. Mayor Scafella mentioned that the Wiles Hill Neighborhood Association is asking that the City modify our zoning ordinance to include community centers. Mayor Scafella commented that when remarks are made that the only people making investments in the Wharf District are those that live out of town -- go and tell Pat Martin or Cliff Sutherland, for they have spent millions in the condominiums in the West Virginia Paper Building and have transformed that building and created residential space.

ADJOURNMENT: There being no further business the meeting adjourned at 10:30 p.m.

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City Clerk Mayor