REGULAR MEETING MAY 2, 2000:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 2, 2000, at 7:30 P. M.
PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok and Council members Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, William Byrne, and Jeff Burdoff, Assistant to the City Manager. (Councilor Betty McClain Absent).
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes of the regular meeting on April 18, 2000, were approved as printed.
CORRESPONDENCE:
Mayor Scafella welcomed Boy Scout Troop 77 from Rock Forge to the City Council meeting.
Councilor Salucci requested that there be a modification in the agenda and move the executive session before the Councilors reports. After discussion, Councilor Byrne motioned to keep the agenda as is prepared by the City Manager and City Clerk, second by Councilor Miller. Motion carried 4-2. (Councilor Salucci & Bloom voted NO, Councilor McClain ABSENT).
Mayor Scafella read a proclamation to recognize the week of April 30 through May 6, 2000, as Municipal Clerks Week, and further extended appreciation to the Municipal Clerk, and to all Municipal Clerks for the vital services they perform, and their exemplary dedication to the communities they represent.
Councilor Justice read a letter from Frank Ferrell, 26 Outlook Street, requesting an explanation and better understanding of the slight property rate tax increase which was levied upon the residents of Morgantown at the last City Council meeting on April 18, 2000. Mr. Ferrell asked-why was the tax increase not on the regular agenda, and does this action require an ordinance?
City Manager Dan Boroff responded to Mr. Ferrell stating that State Law requires the City to lay the levy. It was not prepared the Friday preceding the meeting and was not part of the packets. It was added to the agenda on Monday and was discussed as a regular agenda item on Tuesday, April 18, 2000. This is the first time in 8 years that the property tax number has gone down by virtue of State Law. Mr. Boroff commented that in reference to this action requiring an ordinance, the property tax is regulated by State Law. All the other taxes and service fees adopted by the City are regulated by City Council.
Mr. Ferrell commented on the 3% increase since property reappraisal, saying that might be the magical number, if you go for more than 3% you may have to go for two public hearings?
City Manager Dan Boroff commented that yes, that would be correct, by virtue of the reappraisal the City can realize no more than 3% in additional taxes by virtue of the larger appraised tax base. There is a provision for the City to exceed that, but that would require public hearings by State law. The City Manager also commented that the City has used the identical tax formula ever since the new appraisal went into place. This year the tax rate went up 4%, even though the tax rate is still less than in 1993.
UNFINISHED BUSINESS:
BOARDS AND COMMISSIONS:
BOCA BOARD OF APPEALS:
Councilor Justice by acclamation appointed James Gatian to serve another five year term as the Master Electrician on this commission.
TRAFFIC COMMISSION:
Councilor Justice by acclamation appointed the following position to the Traffic Commission:
2nd ward position; Philip Shuman, 3rd ward position; Ann Leonette, 4th ward position; Kathy Gleitzman, 6th ward position; Alton Dalzot and At Large; Roy Nutter.
PUBLIC PORTION:
Michelle Malott, City of Morgantown Representative to the Board of MRTC, updated Council on the latest with MRTC. Ms. Malott reported that FEMA has approved repairs for both the Caperton and Deckers Creek Trails. Ms. Malott also thanked the City Police Department for patrolling the trail and encouraging users to pay attention to good trail etiquette. Ms. Mallott commented that dog owners are being responsible for picking up after their dogs, and requested the possibility of trash receptacles along the trail, most importantly at Riverfront Park. Ms. Malott then updated everyone on the schedule of events at the Ribbon Cutting Ceremony May 20 at the Riverfront Park. Ms. Malott then asked the City Manager to give an update on the detour from Riverfront Park to Deckers Creek, saying it would be helpful to have an alternate route posted.
City Manager Dan Boroff responded in saying that there has been intense discussion this week with the DOH and that he was hopeful that an announcement of an alternate route will be made next week.
Frank Ferrell, 26 Outlook Street, commented once again that at the last meeting on April 18th, a City Council member used their councilors report for 10 to 15 minutes to discuss their views concerning the possible construction of a Wal-Mart outside the City limits of Morgantown. He asked why not limit City Council members comments to 3 minutes like the residents have to? Mr. Ferrell mentioned the following concerns on the articles that were in the paper about the letters: If mail was sent to City Hall and this mail was tampered with, this is a violation of the law and the public needs to know what is going on here, and not behind closed doors. Mr. Ferrell questioned what right does Mr. Boroff have to tell Councilor Miller that she should come to City Hall and get the letters. There is no 100% right or wrong answer; this is wrong, and I want an answer before I leave here this evening.
Milton Cohen, 1060 Ross Street, commented that in the City Managers Report for this evenings agenda, this administration is not following the charter, all of the issues on the City Managers Report should be enacted by an Ordinance. Mr. Cohen commented that this administration is not working for the citizens, and nothing is being done legally, with no public participation.
Jim Nicholas & Randy Rodeheaver, from Boy Scout Troop 77 at Rock Forge, introduced themselves to Council, and informed them that they were attending the meeting to get their community citizenship badge. In order to get that badge, they have to attend a Council Meeting and report back on what Council does at the meeting.
SPECIAL COMMITTEE REPORTS:
No report.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF A NEW SECTION 505.04 REGULATING DANGEROUS DOGS: The following entitled ordinance was presented for first reading:
AN ORDINANCE REPEALING SECTION 505.04 OF THE GENERAL OFFENSES CODE OF THE CITY OF MORGANTOWN AND REPLACING
IT WITH A NEW SECTION 505.04, AS THE SAME APPLIES TO REGULATING DANGEROUS DOGS.
After discussion, motion by Salucci, second by Bloom to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain ABSENT).
CONSIDERATION OF APPROVAL OF REPEALING ARTICLE 727: The following entitled ordinance was presented for first reading:
AN ORDINANCE REPEALING ARTICLE 727 AS THE SAME APPLIES TO CABLE TELEVISION REGULATION.
Motion by Salucci, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain ABSENT).
CONSIDERATION OF APPROVAL OF AMENDING SECTION 305.04(a) BY ADDING FORTNEY STREET: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 305.04(a) OF THE TRAFFIC CODE BY ADDING FORTNEY STREET AS A ONE WAY STREET WITH FLOW TOWARD RICHWOOD AVENUE FROM CHARLES AVENUE.
Motion by Justice, second by Bloom to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain ABSENT).
CONSIDERATION OF APPROVAL OF AMENDING ZONING ORDINANCE-SECTION 17-INDUSTRIAL PARKS: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 17 OF THE ZONING ORDINANCE
ESTABLISHING REQUIREMENTS FOR INDUSTRIAL PARKS.
Motion by Justice, second by Bloom to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain ABSENT).
CONSIDERATION OF APPROVAL OF AMENDING SECTION 19E & TABLE 11 OF THE ZONING ORDINANCE: The following entitled ordinance was presented for first 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 Bloom, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain ABSENT).
CONSIDERATION OF APPROVAL OF AMENDING SECTIONS 13 & 16 OF THE ZONING CODE: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTIONS 13 AND 16 OF THE ZONING
CODE AS THE SAME APPLIES TO SHOPPING CENTERS.
Motion by Salucci, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain ABSENT).
CITY MANAGER'S REPORT:
NEW BUSINESS:
ITEM NO. 1:
As discussed at the Committee of the Whole meeting, I recommend that a small parking lot be constructed adjacent to the Caperton Trail off Court Street with free, two hour limit parking. The project can be funded in this year's paving program.
Motion by Byrne, second by Miller to approve a small parking lot be constructed adjacent to the Caperton Trail off Court Street. Motion carried 6-0. (Councilor McClain ABSENT).
ITEM NO. 2:
As per your direction, I have conferred with the superintendent of schools about purchasing video equipment for the two high schools. He is enthusiastic about the project and appreciative of City Council's initiative. Based upon this, I recommend that the equipment be acquired for a cost of $14,200.
City Manger Dan Boroff commented that Adelphia generously granted $50,000 to the City of Morgantown to acquire video equipment to support the new government channel and Adelphia is now ready to purchase video equipment for the two high schools.
Motion by Bloom, second by Miller to purchase video equipment for the two high schools at the cost of $14,200. Motion carried 6-0. (Councilor McClain ABSENT).
ITEM NO. 3:
Throughout the 1990's, the City has carefully tracked the escalating costs of Police and Firemen Pension Funds to assure that they are actuarially sound. With a new study recently completed, I recommend that funding for the Firemen's Pension Fund be increased by seven and one-half percent over last year to continue the guaranteed stability of the program.
City Manager Dan Boroff commented that the above escalating costs of the Pension Fund does not require an ordinance, for State Law and City Charter are very clear of the items that have to be adopted by ordinance.
Motion by Byrne, second by Salucci that the Firemen's Pension Fund be increased by seven and one-half percent as per the City Managers suggestion. Motion carried 6-0. (Councilor McClain ABSENT).
ITEM NO. 4:
As also discussed at the Committee of the Whole, a neighborhood trail project may be completed this summer for a cost of $5,000. Given the merits of this project, I recommend that it be funded from the Capital Escrow Account.
Motion by Justice, second by Byrne to fund the completion of the trail project from the Capital Escrow Account. Motion carried 6-0. (Councilor McClain ABSENT).
REPORT FROM CITY CLERK:
City Clerk, Linda Little, thanked Councilor Bloom, Councilor Byrne and Jeff Burdoff for helping read the ordinances this evening.
City Clerk, Linda Little, also informed Council that the United Way is having a Colasessano Pepperoni Roll sale and to give the City Clerks office a call at 284-7434 to place your order.
REPORT FROM CITY ATTORNEY:
No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: He asked to have a roll reversal and start with Councilor Byrne. Council has a duty toward the public and must act in a legal and responsible manner. Tampering or theft of mail is a crime. He has spoken to the Postal Service and will file a complaint asking for an investigation and asked for Councilor Miller's immediate resignation.
Councilor Bloom: He reserved comments until after Council or Salucci spoke. I Bloom never received a phone call about the letter from Councilor Miller and objected to her statement of contacting all Council members. He was concerned about the reactions that took place and the precedent that may have been set with Councilors' mail, and wants clarification about the mail. Councilor Miller responded that she did not call Councilors Bloom or Salucci but they were welcome to call her at home as always and apologized again for the public display. Councilor Miller commented that Mr. Boroff protected Council members from receiving stolen property. Councilor Bloom asked for clarification whether or not this was a one time situation or if it could happen again. Councilor Miller replied that she hopes it is a one time situation. Mayor Scafella asked if his letter was still sealed when he received it and the reply was yes.
Councilor Miller: She commented that although I have done nothing illegal, the City Manager and I are under attack and I would like to thank him very much for he saw a crime in action and stopped it in reference to the taking of the letters. She also thanked those Council members who refused to accept the letter back when she called them, since it was stolen property and private. Two weeks before an election, this is political dirty tricks of the worst kind. She hoped we can put this behind us and said Councilor Byrne is correct that the City has better things to do. She apologized that the events unfolded so publicly and that people paid attention to an anonymous letter. We are a community of people that respect each other, and she hoped people remember bad things happen two weeks before an election for a reason.
Councilor Miller asked to end on a positive note.
Councilor Justice: Councilor Justice also thanked anyone and everyone that participated in the cleanup it was successful, and special thanks
to the Solid Waste Authority. He also mentioned that
there is always a problem with garbage as the students move out,
and the City Manager has requested that BFI continuously run a pick-up, and also a few of us will be picking up garbage after
the students leave on Saturday morning, anyone that wants to help
can meet at my office at 8:30 a.m. He mentioned that on May 17, in Charleston will be the Annual Main Street WV Awards Banquet and we are taking people so let either Terry Cutright or the Mayor know if you wish to go.
Councilor Justice mentioned an issue that has been a problem in his area, that an out of town landlord has high grass weeds, and has not lived in the house for three years, no one can contact this person, letters have been sent and are returned, and it makes the whole neighborhood look bad. Councilor Justice requested that the City Manager check into what can be done about this, and discuss this issue at the next COW Meeting.
Councilor Byrne: Councilor Byrne commended the people that helped with the Trash Bash this weekend, saying he worked with members of SEEP from Morgantown High and cleaned up a section of White Avenue, and it was suggested that there be signage, warning of fines for dumping, and if fined make them cleanup what they dumped. Councilor Byrne also mentioned that tomorrow night at Shoney's there is a fundraiser for the Caritas House, and the Mayor and he will be waiting on tables and any tips we receive will be given to the Caritas House.
Councilor McClain: ABSENT.
Mayor Scafella: Mayor Scafella clarified that this was a judgement call by the City Manager and Councilor Miller wanted to have the envelopes dusted for fingerprints. There was no real delay since the envelopes went in the packets unless a Councilor came in to pick up their mail. There was no intention of theft.
Mayor Scafella had several requests for a line down the middle of the Trail (broken white line) to keep traffic flowing. The Mayor referred the City Manager to a company that provides bags that hang on a stand (for dogs). It was suggested to outline the Decker's Creek bridge superstructure with white lights for safety and visibility at night. There might be a benefactor. GE put in the wood decking on the bridge. Mayor Scafella participated in the clean up on Jones & Lorenze Avenues. A sorority was working on those two streets and the young ladies were amazed that folk would live that way. Mayor Scafella may show up on the doorstep with a policeman and request that people clean up the mess they made to send the message that we care about cleaning up our city. Cooperation may be required.
ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:10 p.m.
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City Clerk Mayor