REGULAR MEETING APRIL 2, 2002:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, April 2, 2002, at 7:30 P.M.
PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Assistant to the City Manager Jeff Mikorski, City Attorney Steve Fanok and Councilmembers Ron Bane, Jim Manilla, Teresa Miller, Ron Justice, Bill Byrne, Florence Merow.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on March 19, 2002, were approved as corrected.
CORRESPONDENCE:
Mayor Scafella announced an upcoming April 8th report by Martin Crist on Deckers Creek acid mine drainage.
Mayor Scafella read proclamations for Fair Housing Month and Brett White. Mr. White spoke about his community service.
PUBLIC HEARING-AGREEMENT WITH BOE REGARDING POLICE OFFICERS IN THE SCHOOL SYSTEM:
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:
AN AGREEMENT WITH BOE REGARDING POLICE OFFICERS IN THE SCHOOL SYSTEM: The following entitled Ordinance was presented for second 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 WITHIN THE LOCAL SYSTEM.
After discussion, motion by Justice, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Jim Shaffer, Mary S. Creamer, Bob Losh, Lisa Dandy, Harper Grimm, Jan Derry, Michael Manypenny, and Joetta Moore were appointed to the Citizen's Advisory Committee.
PUBLIC PORTION:
Paul DeVore, President of Hart Field Coalition, read a letter informing Council of the Board's support of the construction of the Air Rescue Fire Fighting Building.
George Katchur, Past Commander of Purple Heart of WV, stated the group has been repeatedly denied a meeting room at the Senior Center in Sabraton without notification.
The rules were suspended for questions. The City Manager will check into this.
Don Spencer, First Things First, spoke about Mr. Van Kirk's February letter. Mr. Spencer read a resolution and presented the resolution and a letter to Council.
Don Trevorrow, 512 Milford Street, spoke against rezoning a parcel of Real Estate in 6th Ward from R1-A to Industrial.
Jim Gaston, Business Owner, spoke about the lighting on Monongahela Blvd. and the money for Beechurst Avenue sidewalks this year.
City Manager Dan Boroff stated that he tried to call Mr. Gaston about the lights and the City has been working with the power company because the system is overloaded. Smaller circuits have been requested to fix this priority issue. City Council is periodically updated on budget numbers, including the Beechurst sidewalk.
City Attorney Steve Fanok explained the legality of Executive Sessions.
Councilor Miller commented on the appropriateness of Executive Sessions.
SPECIAL COMMITTEE REPORTS:
Mayor Scafella noted that COMM/PACT continues to meet.
NEW BUSINESS:
AN ORDINANCE AMENDING 1505 & ADDING 1505.03 HARD WIRED SMOKE DETECTORS: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING ARTICLE 1505 OF THE CITY OF MORGANTOWN FIRE PREVENTION CODE BY ADDING THERETO A NEW SECTION 1505.03, AS THE SAME APPLIES TO HARD WIRED SMOKE DETECTORS.
Pursuant to recommendation by the City Manager to table the above entitled ordinance for a substitute smoke detector ordinance that will achieve the same results intended by the above proposed ordinance in much less time, Merow moved, second by Manilla to table the above entitled ordinance. Motion to table carried 4-3. (Miller, Justice and Byrne voted NO.)
AN ORDINANCE AUTHORIZING AN AGREEMENT WITH SOLID WASTE AUTHORITY: 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 SOLID WASTE AUTHORITY, PERTAINING TO THE SOLID WASTE AUTHORITY'S USE OF CITY REALTY FOR PURPOSES OF OPERATING A RECYCLING FACILITY.
After discussion, motion by Justice, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE SETTING FORTH PERMITTING PROCEDURES FOR PLANNED UNIT DEVELOPMENTS: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN BY ADDING 49.2; AND ADDING A "PLANNED UNIT DEVELOPMENT" (PUD) DISTRICT TO THE LIST OF DISTRICTS IN SECTION 12; AND ADDING SECTION 17.1 AS THE SAME APPLY TO DEFINING AND SETTING FORTH PERMITTING PROCEDURES FOR PLANNED UNIT DEVELOPMENTS.
The rules were suspended for questions to the City Planner Jim Wood. After discussion, motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0 with a minor change clarifying the placement of underground utilities.
AN ORDINANCE ADDING A NEW SECTION 351.12 TO THE TRAFFIC CODE PROHIBITING OPERATION OF ALL-TERRAIN VEHICLES: The following entitled Ordinance was presented for first reading:
AN ORDINANCE ADDING A NEW SECTION 351.12 TO THE TRAFFIC CODE OF THE CITY OF MORGANTOWN PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES AND MOTOR VEHICLES WHICH ARE UNLICENSED BY THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES UPON ALL PUBLIC STREETS, ALLEYS, SIDEWALKS, PARKING LOTS, AND ANY AND ALL CITY OF MORGANTOWN-OWNED, OR OTHERWISE CONTROLLED PROPERTY, WITHIN THE CORPORATE LIMITS OF THE CITY OF MORGANTOWN; AND MARKING SUCH PROHIBITED OPERATION OF ALL TERRAIN VEHICLES AND UNLICENSED MOTOR VEHICLES A MISDEMEANOR CRIMINAL OFFENSE AND PROVIDING FOR SPECIFIC PENALTIES THEREFOR.
After discussion, motion by Miller, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REZONING A PARCEL IN THE 6TH WARD FROM R-1A TO IND: The following entitled Ordinance was presented for first reading:
AN ORDINANCE REZONING A PARCEL OF REAL ESTATE IN THE SIXTH WARD OF THE CITY OF MORGANTOWN FROM (R-1A) SINGLE FAMILY RESIDENCE DISTRICT TO (IND) INDUSTRIAL DISTRICT CLASSIFICATION BY AMENDING SECTION 13 OF 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 Byrne, to deny the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION THAT APPROVES THE SPECIAL ELECTION BALLOT FORM AND AUTHORIZES THE CITY CLERK TO UTILIZE IT IN PREPARING FOR THE CITY OF MORGANTOWN'S JULY 23, 2002 SPECIAL ELECTION: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Miller, second by Byrne, to adopt the above entitled resolution. Motion carried 7-0.
CITY MANAGER'S REPORT:
INFORMATION:
ITEM NO. 1:
Since City Council adopted the General Fund Budget, several additional pieces of information have become available. They are:
a. The City had been advised to anticipate a 10% increase in its property insurance. The actual increase will be 24% - - an additional $32,228.
b. The City had been advised that Workers Compensation Class rates would remain stable. All municipalities will see a 9% increase - - an additional $23,000.
c. Because of an extraordinary mild winter, utility taxes are diminished by $49,000.
Although this is bad news, fortunately Council has put in place a contingency line that can manage these shortfalls.
ITEM NO. 2:
In regard to the First Things First resolution, the State has agreed to do the technical (1 inch to 50 foot) study that was proposed to identify options. The first option is soft issues such as using better management. For example, one-way lanes out of town at different times of day or vehicles with a greater number of passengers. The second thing would be physical improvements within the existing right of way. The third option would be acquiring additional right of way and what could be put in place. The State will not propose what it should do but rather what things are possible at what cost.
The second issue is that the State has deferred funding the urban design study. It would be appropriate to wait until the options are identified before we proceed with that expense. Currently, there are no funds allocated for the study.
NEW BUSINESS:
ITEM NO. 1:
Attached you will find a memo from the Airport Director reporting bid results for the Air Rescue Fire Fighting Building. Based upon his comments and the recent FAA Grant announcement, I recommend the contract be awarded to the low bidder Marks Construction for $1,036,319.
After discussion, motion by Byrne, second by Bane, to award the contract for the Air Rescue Fire Fighting Building to Marks Construction for $1,036,319.
CITY CLERK'S REPORT:
No Report.
STAFF ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS : (reverse order)
Councilor Merow: Councilor Merow noted that widening Beechurst is in the 2020 Transportation Study and recommended by the DOH. Councilor Merow called for correcting roads inside the City first and quoted Woodrow Wilson. Councilor Merow mentioned that 30 vacant stores downtown are blamed on traffic problems.
Councilor Byrne: Councilor Byrne commended the Street Dept., BFI, and landlords for the Sunnyside cleanup -- 72 tons of trash at a cost of $6600 per day. Councilor Byrne reported that there are problems again, apparently about what curbside pick up means. Councilor Byrne requested that the current interns identify and report places where trash is piling up.
Councilor Justice: Councilor Justice listed upcoming meetings and reports and echoed Byrne's comments on the cleanup.
Councilor Miller: Councilor Miller asserted that cars are flying through lights at the Patteson and University intersection and suggested a camera placed there.
City Manager Dan Boroff replied that under WV law, we cite the operator of the vehicle for the violation, not the owner.
Councilor Manilla: Councilor Manilla complimented Bill Rumble and his City crew that did the litter pick up and requested that trash and litter be on the COW agenda. Councilor Manilla noted Spruce Street is brighter since wattage was increased and that the DOH is doing a traffic study on Beechurst.
Councilor Bane: Councilor Bane commended Bill Rumble but received phone calls that those who litter should pay the cost.
City Manager Boroff replied that several people collecting litter were fulfilling community service hours assessed by the Municipal Judge.
Mayor Scafella: Mayor Scafella noted that Win Cor Properties has adopted part of the Trail, between 1st and 3rd Streets, to clean and challenged other property owners to work with them.
EXECUTIVE SESSION:
Councilor Miller motioned to go into executive session, second by Byrne, pursuant to Section 6-9A-4-2 of the West Virginia Code in order to discuss personnel matters with the following persons present: Mayor Frank Scafella, Councilmembers and City Clerk: Time 9:50 p.m.
ADJOURNMENT: At 10:15 p.m. Council went back into Regular Session and there being no further business, the meeting adjourned by unanimous consent.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.