REGULAR MEETING MAY 21, 2002:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, May 21, 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 May 7, 2002, and the special meeting on May 7, 2002, were approved as printed.

CORRESPONDENCE:

Mayor Scafella read a letter to Tim Ball from Joseph Fisher of West Virginia University regarding stormwater management.

Councilor Merow mentioned the letter from Southpoint residents.

PUBLIC HEARING-AMENDING ARTICLE 1139.11 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN, BY EXPANDING THE NUMBER OF STREETS DESIGNATED AS REQUIRING DAILY GARBAGE PICKUP:

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-AMENDING ARTICLE 1505 OF THE CITY OF MORGANTOWN FIRE PREVENTION CODE BY ADDING THERETO A NEW SECTION 1505.03, AS THE SAME APPLIES TO SMOKE DETECTORS IN EXISTING RESIDENTIAL DWELLING UNITS:

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

Rick Panico, 453 Beechurst Avenue, asked about differentiating between rental and residential units.

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

PUBLIC HEARING-AMENDING ARTICLE 169 OF THE MORGANTOWN CITY CODE BY ADDING A NEW SECTION 169.01 (B) AND AMENDING SECTIONS 169.03, 169.04 AND 169.06 AS THE SAME APPLY TO STORMWATER MANAGEMENT AND CONTROL BY THE MORGANTOWN UTILITY BOARD:

PUBLIC HEARING-DELEGATING RESPONSIBILITY OF SAID UTILITY TO THE MORGANTOWN UTILITY BOARD:

PUBLIC HEARING-ENACTING ARTICLE 929 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO STORMWATER MANAGEMENT AND SURFACE WATER DISCHARGE CONTROL:

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

Alan Donaldson, 1300 Heritage Place, spoke in support of the ordinances.

Ed Sneckenberger, 521 Woodhaven Drive, spoke in support of the ordinances.

Rick Panico, 453 Beechurst Avenue, noted that State Code 16-13-2 states a Sanitary Board must be created.

Chris Haddox, 739 Monongalia Avenue, stated that, as a citizen, it is a critical issue and is for it and, as a homebuilder, he is concerned about open ended expenses for housing developers.

Evan Hanson, Co-President of Deckers Creek, spoke in support of the ordinances.

Milton Cohen, 1060 Ross Street, spoke in opposition to the ordinances.

David Kelly, Property Owners Association, asked for more time for the ordinances to be considered.

Rick Panico, 453 Beechurst Avenue, spoke in opposition to the ordinances.

Mark Nesselroad stated that stormwater management is important, but asked for more time for the ordinances to be considered.

Milton Cohen, 1060 Ross Street, spoke for delaying the ordinances.

Tim Stranko, MUB, explained the background behind the ordinances and answered questions that were raised, including the stakeholder process.

Mayor Scafella suspended the rules to allow Council to ask questions.

Councilor Justice raised a point of order to end the public hearing, go to unfinished business and suspend the rules.

Mayor Scafella asked for specific questions addressed to Mr. Stranko by Council.

Tim Ball, MUB, noted the February 2003 EPA deadline and suggested no delays in implementation while reporting on the problems of using private contractors.

Council then asked questions of Mr. Stranko and Mr. Ball.

Mayor Scafella asked each person who commented for one further question.

Mr. Panico, Mr. Kelly, Mr. Nesselroad, and Mr. Cohen responded.

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

UNFINISHED BUSINESS:

AMENDING ARTICLE 1139.11 OF THE HEALTH AND SANITATION CODE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING ARTICLE 1139.11 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN, BY EXPANDING THE NUMBER OF STREETS DESIGNATED AS REQUIRING DAILY GARBAGE PICKUP.

After discussion, motion by Byrne, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.

AMENDING ARTICLE 1505 OF THE CITY OF MORGANTOWN FIRE PREVENTION CODE: The following entitled Ordinance was presented for second 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 SMOKE DETECTORS IN EXISTING RESIDENTIAL DWELLING UNITS.

After discussion, motion by Byrne, second by Manilla, to approve the above entitled ordinance. Motion carried 7-0.

AMENDING ARTICLE 169 OF THE MORGANTOWN CITY CODE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE AMENDING ARTICLE 169 OF THE MORGANTOWN CITY CODE BY ADDING A NEW SECTION 169.01 (B) AND AMENDING SECTIONS 169.03, 169.04 AND 169.06 AS THE SAME APPLY TO STORMWATER MANAGEMENT AND CONTROL BY THE MORGANTOWN UTILITY BOARD.

After discussion, motion by Merow, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.

DELEGATING RESPONSIBILITY OF SAID UTILITY TO THE MORGANTOWN UTILITY BOARD. The following entitled Ordinance was presented for second reading:

AN ORDINANCE DELEGATING RESPONSIBILITY OF SAID UTILITY TO THE MORGANTOWN UTILITY BOARD.

After discussion, motion by Merow, second by Byrne, to approve the above entitled ordinance. Motion carried 7-0.

ENACTING ARTICLE 929 OF THE MORGANTOWN CITY CODE: The following entitled Ordinance was presented for second reading:

AN ORDINANCE ENACTING ARTICLE 929 OF THE MORGANTOWN CITY CODE, AS THE SAME APPLIES TO STORMWATER MANAGEMENT AND SURFACE WATER DISCHARGE CONTROL.

After discussion, motion by Merow, second by Miller, to approve the above entitled ordinance. Amendment by Justice, second by Byrne, to approve sections 929.05 and 929.06 only and other provisions must be approved by Council after a stakeholder committee reports to Council within 60 days. Motion by Byrne, second by Miller, to amend section 929.20 by adding approved licensed contractors. The rules were suspended for a question to Mr. Stranko. Motion carried 6-1. (Merow voted No). Motion to table the above entitled ordinance for 30 days by Justice, second by Bane. Motion carried 7-0.

PUBLIC PORTION:

Rick Panico, 453 Beechurst Avenue, thanked Council for their work on the ordinance.

Bob Losh, Celebration of America, spoke about the Celebration of America plans for the July 4^th holiday, including a blood drive.

David Liberatore, 135 Steeplechase, thanked Council for their support of the Airport Restaurant.

Bill Ayers, Hart Field Coalition, spoke of concerns about the Fire Rescue facility project.

Milton Cohen, 1060 Ross Street, spoke against the P.U.D. ordinance passed at the last meeting.

NEW BUSINESS:

AN ORDINANCE AUTHORIZING AN AGREEMENT GRANTED TO DOMINION

HOPE FOR INSTALLING AND MAINTAINING GAS LINES TO THE MUNICIPAL AIRPORT. The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING AN AGREEMENT BEING GRANTED BY THE CITY

OF MORGANTOWN TO DOMINION HOPE UPON MORGANTOWN MUNICIPAL AIRPORT PROPERTY FOR THE PURPOSE OF INSTALLING AND MAINTAINING GAS LINES TO THE MUNICIPAL AIRPORT.

Motion by Byrne, second by Manilla, to pass the above entitled ordinance to second reading. Motion carried 7-0.

AN ORDINANCE AMENDING THE FY 2001-2002 ANNUAL BUDGET: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AMENDING THE FY 2001-2002 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.

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

AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE COUNTY COMMISSION OF MONONGALIA COUNTY AND THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO COOPERATION BETWEEN THEIR HAZARDOUS MATERIAL TEAMS IN RESPONDING TO INCIDENTS: The following entitled Ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE COUNTY COMMISSION OF MONONGALIA COUNTY AND THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO COOPERATION BETWEEN THEIR HAZARDOUS MATERIAL TEAMS IN RESPONDING TO INCIDENTS.

Motion by Merow, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 7-0.

A RESOLUTION OF SUPPORT FOR THE ADOPTION OF THE 2000 INTERNATIONAL CODES AS THE WEST VIRGINIA STATE BUILDING CODE: The above entitled Resolution was presented for Council's approval:

Motion by Byrne, second by Miller, to pass the above Resolution. Motion carried 7-0.

CITY MANAGERS REPORT:

INFORMATION:

ITEM NO. 1:

The Transportation Security Administration has agreed to reimburse the City for additional security costs at the Morgantown Airport. The agreement is for the time period May 10, 2002, through December 1, 2003, and will fund a Police Officer's presence when commercial aircraft are boarded at a cost not to exceed $92,000.

ITEM NO. 2:

As you know HB 4005 created the West Virginia Economic Development Grant Committee to fund approximately $200,000,000 in Public/Private projects in the State. To date, the City has received 4 requests to participate in projects either as a public co-applicant [no financial obligation] or with a letter of support. The co-applicant projects are WV Public Theater/Parking Garage/Marina, Met Theatre, and the Square at Falling Run. The letter of support is for the Chaplin Hill project. All of these projects are exciting initiatives fully deserving of City support. In the near future, additional information and resolutions with executive summaries authorizing participation in the applications will be presented for your consideration.

ITEM NO. 3:

In response to the Hart Field Coalition request, Council approved the Fire Safety Building as part of the five-year capital improvement program that was distributed and the Coalition had a copy of that plan with the general time schedules for construction. The recommendations for suspending the project are not realistic. The $1.3 million contract has already been awarded and several effects would be realized. The contractor could sue us for $1.3 million and would probably win. If there is a substantial change, his competitors would probably sue and win in court. The FAA has already reviewed and approved the contract, the site and all the specifications would probably withdraw the grant. We would not have to worry about this problem in the future since there would not be any grants. I think this is a well placed project that will best serve the needs of the airport.

NEW BUSINESS:

ITEM NO. 1:

To recognize National Transportation Week and to further promote the Morgantown Airport, the Airport Director has recommended that June 14-15 be recognized as National Transportation Days. To celebrate this event, he proposes that the City offer fuel sales discounts for those days, host a cook out for Airport users and tenants, and organize other special events. I agree with his proposals and recommend that the event be held.

Motion by Byrne, second by Bane, to recognize June 14-15 as National Transportation Days. Motion carried 7-0.

ITEM NO. 2:

July 23, 2002, the City will conduct a Special Election concerning collective bargaining and mandatory binding arbitration for City employees. As per state law, this election qualifies as a paid holiday for Police Officers and Fire Fighters. Given the character, nature, and importance of this election, I recommend that the balance of the City workforce be granted the day off with pay as well.

Motion by Byrne, second by Miller, to give all City employees a paid day off for the Special Election. Motion carried 7-0.

ITEM NO. 3:

As per the comments immediately above, I recommend that the City staff be authorized to have a brochure professionally prepared and distributed to every business and household in the City. The brochure will not solicit a vote for or against the proposed ordinance but will simply present the facts of City employment practices and the terms of collective bargaining and mandatory binding arbitration.

Motion by Bane, second by Byrne, to approve the brochure for collective bargaining information. Motion carried 7-0.

ITEM NO. 4:

As previously discussed, the City Staff recommends that an amnesty for rental registrations be observed during the month of August. With your concurrence, all property owners in the City will be notified they can register rental properties without fear of potential $500 fines during the prescribed period.

After discussion, motion by Byrne, second by Manilla, to provide a rental registration amnesty as recommended. Motion carried 7-0.

ITEM NO. 5:

Attached, you will find a letter from Aunt Patty's Landing asking to be excused from its lease at the Airport. Despite reductions and deferments of lease payments, financial problems have remained. I recommend that the request be granted and the staff be authorized to operate a restaurant on an interim basis, seek a new tenant, and/or operate the restaurant until a better option is identified.

After discussion, motion by Byrne, second by Miller, to excuse Aunt Patty's Landing from its lease at the Airport. Motion carried 7-0.

CITY CLERK'S REPORT:

City Clerk Linda Little mentioned the Colasessano pepperoni roll sale for the United Way.

STAFF ATTORNEY'S REPORT:

No Report.

REPORT FROM COUNCIL MEMBERS : (reverse order)

Councilor Merow: Councilor Merow asked that a Southpoint Circle petition be placed on the COW agenda and that zoning variance notifications be sent to Council also. Councilor Merow commented on the Celebration of America, the Mason/Dixon Festival, the P.U.D. ordinance, and thanked the City Manager for adding the red strips to Stop Here on Red signs.

Councilor Byrne: Councilor Byrne noted the Southpoint petition will be on the COW. Councilor Byrne reported that Friends of Deckers Creek is applying for a Kellogg grant for stream monitoring. Motion by Byrne, second by Miller, to send a letter of endorsement for the grant. Motion carried 7-0.

Councilor Justice: Councilor Justice mentioned a non-registered rental unit at James and Louise; at Riverfront Park, light bulbs need changed, the grass cut and the graffiti removed; garbage issues on Louise Avenue.

Councilor Miller: Councilor Miller noted dog issues will be on the COW agenda.

Councilor Manilla: Councilor Manilla gave condolences to the family of Sgt. Gene Vance, first West Virginian and National Guard member killed in Afghanistan.

Councilor Bane: Councilor Bane requested a street light upgrade on Baldwin Street by the church.

Mayor Scafella: Mayor Scafella noted that the rest of the evaluations are due.

EXECUTIVE SESSION:

Councilor Justice motioned to go into an 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 Manager. Time 11:05 p.m.

ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 11:10 p.m..

_____________________________ __________________________________

City Clerk Mayor

*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.