REGULAR MEETING APRIL 17, 2001:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 17, 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, Teresa Miller, Ronald Justice, Betty McClain, and Jeff Mikorski, Assistant to the City Manager. (Councilor Good and Councilor Byrne Absent).



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on April 3, 2001, were approved as printed.

CORRESPONDENCE:

Mayor Scafella read a proclamation celebrating April 21st, 2001 as Arbor Day in the City of Morgantown, and urges all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and further urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.



Mayor Scafella read a letter from Milan Roh wanting to make a memorial tribute to his wife by placing Japanese Cherry Trees in the area of the amphitheater between the two trail bridges.



Mayor Scafella also mentioned to the public that as of April 30, Mountain Line Transit will begin operation of the Trolley or Downtown Jitney, if you have any questions on the times the Jitney will be running, you can call the Transit at 291-7433.

PUBLIC HEARING-AMENDING ARTICLE 153-HUMAN RIGHTS COMMISSION:



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



Emily Spieler, representative from the Commission Coalition of Social Justice, spoke in favor of the proposed human rights ordinance. Ms. Spieler commented that this will establish a body that can act on behalf of the Council and City to take up social justice issues. Ms. Spieler informed Council that there has been an amendment suggested and Councilor Miller will present that to Council for their approval later on in the meeting.



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



PUBLIC HEARING-ANNULLING A 9 FOOT 9 INCH RIGHT OF WAY IN THE CRESTHOLM ADDITION IN THE SECOND WARD:



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:



AMENDING ARTICLE 153 HUMAN RIGHTS COMMISSION: The following entitled Ordinance was presented for second reading:



AN ORDINANCE AMENDING ARTICLE 153 OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO DUTIES OF THE CITY'S HUMAN RIGHTS COMMISSION.



Councilor Miller motioned to amend the ordinance by adding a subtle amendment as by

letter from Michael Sharley . . . that the code should read that the commission has the right and duty to communicate with the City Council and present any issues that they have investigated to Council as the code is amended now, it is unclear as to the outcome of a hearing in front of the commission and that the commission should report to City Council and advise City Council and suggested that it go under Section 153.08 Powers; Functions and Services. Second by McClain. Motion carried 5-0.



Motion by McClain, second by Miller, to adopt the above entitled Ordinance. Motion carried 5-0.(Councilor Good & Byrne Absent).



ANNULLING A 9 FOOT 9 INCH RIGHT OF WAY IN THE CRESTHOLM ADDITION IN THE SECOND WARD: The following entitled Ordinance was presented for second reading:

AN ORDINANCE VACATING, ABANDONING AND ANNULLING A 9 FOOT 9 INCH RIGHT-OF-WAY EXTENDING ALONG AN UNNAMED ALLEY AND RUNNING A DISTANCE OF APPROXIMATELY TWO HUNDRED AND EIGHTY-FOUR FEET ABUTTING LOTS 9, 10, 11, 12, 13, 14, 15 AND 16 IN THE CRESTHOLM ADDITION, IN THE SECOND WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.



After discussion, motion by Salucci, second by Miller, to adopt the above entitled Ordinance. Motion carried 5-0. (Councilor Good & Byrne Absent).



PUBLIC PORTION:

Frank Ferrell, 26 Outlook Street, mentioned that at the last Council Meeting I gave self-addressed envelopes to each Councilmember and questions to answer and the only response I received was from the Mayor responding for all of Council. The questions that I asked of Council were; 1. If a fee was enacted for a "special" purpose--and that purpose no longer is in effect-should these fees be removed? 2. Should a resident be the person to discover and point out to City Council that a fee for a "special" purpose is still in effect when it should have been rescinded? These questions were not tough questions, were they? Mr. Ferrell also commented Morgantown has one of the best garbage rates in the State, but I don't think that's true. Mr. Ferrell questioned the purchase of Wiles Hill School and referred to the minutes saying that during budget sessions this was not mentioned or voted on. Mr. Ferrell also questioned why the City Manager told him that the City had nothing to do with the sale. Mr. Ferrell finished up saying that he urges all voters to go out and vote next week for you can make a difference.



Mayor Scafella urged Mr. Ferrell to stick around for answers to his questions?



Milton Cohen, 1060 Ross Street, mentioned Section 404 of the City Charter and that at the last few meetings the City Attorney and City Manager have been passing ordinances done by Steptoe & Johnson and these ordinances are illegal, the Bond ordinance and the Botanical Garden ordinance. This Council is violating the charter and should be removed.

SPECIAL COMMITTEE REPORTS:



NEW BUSINESS:



CONSIDERATION OF APPROVAL OF ANNULLING AN 8 FOOT RIGHT OF WAY IN THE CRESTHOLM ADDITION IN THE SECOND WARD: The following entitled Ordinance was presented for first reading:



AN ORDINANCE VACATING AND ANNULLING AN EIGHT FOOT WIDE UNNAMED RIGHT-OF-WAY EXTENDING FROM SOUTH WALNUT STREET FOR

A DISTANCE OF ONE HUNDRED THIRTY EIGHT AND ONE HALF FEET BETWEEN LOTS 6 AND 7 OF THE CRESTHOLM ADDITION, AND A TWO HUNDRED SIX FOOT LONG PORTION OF A FOURTEEN FOOT NINE INCH WIDE UNNAMED RIGHT-OF-WAY ABUTTING AT THE REAR OF LOTS 3, 4,5,6,7, AND 8 OF THE CRESTHOLM ADDITION, INCLUDING THE WIDTH OF THE EIGHT FOOT WIDE RIGHT OF WAY HEREIN BEING ANNULLED, IN THE SECOND WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.



After discussion, motion by Justice, second by Miller, to pass the above entitled Ordinance to second reading. Motion carried 5-0. (Councilor Good & Byrne Absent).

CONSIDERATION OF APPROVAL OF AN ORDINANCE APPROVING A LEASE WITH THE FEDERAL GOVERNMENT AT THE AIRPORT: The following entitled Ordinance was presented for first reading:



AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF MORGANTOWN,

LESSOR AND THE UNITED STATES OF AMERICA, LESSEE, AS THE SAME PERTAINS TO THE MORGANTOWN AIRPORT; MORE SPECIFICALLY THE FEDERAL GOVERNMENT'S INTENT TO LEASE SPACE SO AS TO OPERATE A RUNWAY END IDENTIFICATION LIGHTS SYSTEM.

After discussion, motion by Miller, second by McClain, to pass the above entitled Ordinance to second reading. Motion carried 5-0. (Councilor Good & Byrne Absent).

CONSIDERATION OF APPROVAL OF THE RATES OF LEVY LAID BY THE CITY OF MORGANTOWN AND APPROVED BY THE STATE AUDITOR FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 IN ACCORDANCE WITH CHAPTER 11 ARTICLE 8 OF THE WEST VIRGINIA CODE: The attached Levy rates were presented for Council's approval:



After discussion, motion by Justice, second by Miller, to approve the rates of the levy laid for the fiscal year beginning July 1, 2001. Motion carried 5-0. (Councilor Good & Byrne Absent).

BOARDS AND COMMISSION:



BOCA BOARD:



Council voted by acclamation to approve reappointing Jim Pompili to serve another term as the Builder Position. (Councilor Good & Byrne Absent).



CITY MANAGER'S REPORT:



INFORMATION:



ITEM NO. 1:



The City had decided to proceed with Monongalia County Judge Robert Stones order

and award the airport fence job to Alco. As you recall, the conflict started with the bid process last September to find the lowest bidder on the project to install perimeter fencing at the Airport. Texas Commercial had until March 31 to file an appeal and post bond, but the bond was issued Monday, which is two weeks after the deadline. The City Attorney's will be researching this case to determine the city's next line of action, it is still unclear whether the stay will be granted or if the City will proceed in the contract with Alco. And will keep Council informed as we proceed.



NEW BUSINESS:



ITEM NO. 1:



For the past six months the City has been working with a number of entities to update and enhance its GIS capabilities. The attached memo describes this work and recommends a two-phase project to affect it. The first phase would be part of a county wide system for a cost of $9,281. The second phase proposed for next year would be more specific to the City. Based upon the merits/utility of this project, I recommend that Phase 1 be authorized and funded from the Capital Escrow Account contingency.



Motion by Salucci, second by Justice to fund $9, 281 in the first phase in updating the City's GIS capabilities from the Capital Escrow Account. Motion carried 5-0. ( Councilor Good & Byrne Absent).



ITEM NO. 2:



The second attachment reports bid results for a map scanner for the Engineering Department. Based upon the results, I recommend that the contract be awarded to CAD Research Inc. for $15,038.

Motion by Miller, second by Justice to award the contract to CAD Research for a map scanner for $15,038. Motion carried 5-0. (Councilor Good & Byrne Absent).

ITEM NO. 3:



The third attachment reports bid results for a Parking Authority Project to affect Lot K Maintenance. I concur with the recommendation that the works are awarded to the low bidder Nathan Contracting for $223,608.



Motion by Justice, second by McClain that the work to Lot K for a Parking Authority Project are awarded to Nathan Contracting for $223,608. Motion carried 5-0. (Councilor Good & Byrne Absent).



ITEM NO. 4:



The last attachment reports that a retaining wall is needed for the Burroughs Street sidewalk in front of Mr. Voyta Vagoun's residence at 558 Burrough's Street. Greenhorne & O'Mara have submitted a cost proposal for redesigning the wall. This is necessary as it was not in the original scope of the project. I recommend that we award the design extension to Greenhorne & O'Mara for $2,230.00 to proceed with the work.



After discussion, motion by McClain, second by Justice, to approve the contract for the retaining wall for the Burroughs Street Sidewalk. Motion carried 5-0. (Councilor Good & Byrne Absent).

ITEM NO. 5:

In responding to Mr. Ferrells questions at the last meeting Mr. Ferrell had requested the past increases for BFI, it took some time but we went all the way back to day one and listed every rate increase, and we have had modest increases in the past few years and still have the lowest fees than every City in the State of West Virginia. And in reference to the Wiles Hill School, Mr. Ferrell and I talked in my office for around 20 minutes and I explained to him that the property acquisition (Wiles Hill School) was done by BOPARC not City Council.

CITY CLERK'S REPORT



City Clerk Linda Little reminded Council and the Citizens that the Election will be on April 24, 2001, and will be televised live on the City's Government Channel 15. Ms. Little also mentioned that there is still a need for poll workers and if anyone is interested call the Clerk's office at 284-7439.

CITY ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS:

Councilor Salucci: Councilor Salucci requested an update on the corner of Spruce Street and Walnut putting a no right turn as a safety issue. Councilor Salucci mentioned once again about the crumbling walk around Jack Roberts Park being repaired. Councilor Salucci also requested that at the next COW discuss with the Fire Department the opening of car doors and home doors by the Fire Department and set some guidelines that it is an emergency situation.



Councilor Good: Absent.

Councilor Miller: Councilor Miller mentioned on Baldwin Street where Suncrest Middle School is located a few yards away is the Bilo Grocery Store, and Baldwin Street is suppose to be divided, and there is too be a barrier there, and the ABC Commissioners should check this out for a bar being right beside a school is not a good thing.

Also, right beside the school is some debris and junk that could be dangerous and should be cleaned up, and asked Mayor Scafella and Councilor Justice for their ideas for they have had much success with cleanups.

Councilor Miller also congratulated the City Manager and Mayor and former Mayor for being named in the top 100 most influential people and is well deserved. Councilor Miller also urged everyone to go and vote on April 24th.

Mayor Scafella suggested getting the Suncrest

Neighborhood Association to help cleanup.



Councilor Justice: Councilor Justice mentioned that Project Pride Cleanup will be held on April 22nd at 1p.m.

Riverfront Park and the Woodburn Neighborhood Cleanup on April 21 at 10a.m.

Beechurst Avenue Meeting will be on the 26th at 6p.m. Councilor Justice reminded everyone that the COW Meeting will be on Wednesday, April 25th instead of Tuesday due to the Election. Councilor Justice introduced two students elected as Board of Governors Ashley Lilly and Christy Shaffer.



Councilor Byrne: ABSENT.



Councilor McClain: Councilor McClain mentioned that there has been confusion on who can vote and commented that this is a City wide Election and if you are a registered voter living in the City you can vote. Councilor McClain informed Council that City Pharmacy at Pleasant and High will be restoring their building and the Historic Landmarks Commission is pleased for this building is one of the second oldest buildings in Morgantown and was built in 1798. Councilor McClain

mentioned again that she is still pushing for a water rescue unit once again for the City of Morgantown Fire Department.



Mayor Scafella: Mayor Scafella mentioned that the City does have a request for water rescue equipment for the Fire Department. Mayor Scafella also mentioned that at the Legislative Session

a bill passed House Concurrent Resolution 58 that will establish a task force to study the need for a rehabilitation subcode to the state building code. The City has been trying for the past 10 years to encourage rehabilitation of housing and have found that this issue is a state wide problem and this could help in the future in giving all municipalities some guidelines. Mayor Scafella read the letter that Council sent to Mr. Ferrell in response to his questions. Morgantown City Council acts as a body on all matters brought before it, from fees for services rendered by Browning Ferris Industries, to changes in employees health insurance, to acquisition of the Wiles Hill School property by BOPARC. Moreover, the actions of Council are recorded as a public record to which you or any other citizen has access at any time. Therefore, Council has asked me, as Chair, to respond from the public record to questions you have posed to us individually on BFI, employees health insurance, and the Wiles Hill School. Pursuant to Council's request, I have attached the relevant pages from the minutes of Council, along with two memos from the City Manager, which contain the facts of our actions pertinent to the above matters. Should you require additional information, please do not hesitate to forward your request to us. Mayor Scafella commented that the implication is that Council has done something under the table or underhanded and this Council has not and will not do things under the table. Mayor Scafella mentioned that Jeff Mikorski, Assistant to the City Manager has made some changes to the City's web-page and urged everyone to take a look at those changes and if anyone has any ideas to let Jeff know.





ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 8:43 p.m.



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