REGULAR MEETING JUNE 19, 2001:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 19, 2001, 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 Frank Salucci, Greg Good, Teresa Miller, Ron Justice, and Bill Byrne. (Betty McClain Absent).



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES:

Minutes from the regular meeting on June 5, 2001, were approved as printed.

CORRESPONDENCE:



After discussion by Council, the Mayor announced that due to the July 4th Holiday, the first meeting in July will be held on Thursday, July 5th, 2001.



Mayor Scafella reminded everyone about the Celebration of America on July 4th and that the fireworks will be fired from Westover.



Mayor Scafella mentioned that the Relay for Life for the American Cancer Society will be held June 22 starting at 6:00 p.m. at the WVU Coliseum. Joyce Landacre, Community Relations Director for the American Cancer Society welcomed everyone to come out put on your tennis shoes, come walk, and have some fun.

Mayor Scafella urged everyone to attend the festivities on Saturday in celebration of West Virginia's Birthday.



Mayor Scafella read a proclamation urging all citizens to observe Thursday, June 28th, as Morgantown Public Library Day.



Mayor Scafella presented a plaque to Greg Good, publicly honoring him for his great service to the City by serving as Council member since February 6, 2001.



Mayor Scafella presented a certificate of appreciation to Betty McClain for serving on the Historic Landmarks Commission, a plaque from the City of Morgantown for ably serving as Council Member since July 1991, and a plaque from the Parking Authority for serving on the authority from November 6, 1991, to June 13, 2001.



PUBLIC HEARING-AUTHORIZING THE PARKING AUTHORITY TO PURCHASE 1.05 ACRES IN THE FIRST WARD FROM GLENMARK FOR $518,500.00:



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



John Duarte, 460 Grove Street, asked what will Glenmarks' investment be in the Wharf District? Mr. Duarte also questioned why is it that Council sometimes responds during a public hearing portion and sometimes they don't.



Milton Cohen, 1060 Ross Street, informed Council that 50 years ago he was appointed chairman of the Parking Authority and I am here this evening to protect the authority. Mr. Cohen continued speaking on the history of the Parking Authority and commented that at that time parking was for the public, and I mean PUBLIC with a capital P, and I have put in 20,000 pro-bono hours on that parking authority.



Mayor Scafella thanked Mr. Cohen for the history, but we must address the ordinance or take your seat.



Mr. Cohen commented that I am here to protect the parking authority as you are going to spend $518, 500.00 and how many years is that bond for? Is Mr. Arnold here?



Tom Arnold, Director, answered that the cost will be around five million and it will be a 20-year bond.



Mr. Cohen commented that this five million-dollar investment can't be paid for in 25 years, and when I looked at this, the most important thing in parking garages is the location, will customers come to the Wharf area and park their expensive cars? Mr. Arnold do you have a street plan for the Wharf for the next 25 years?



Councilor Salucci asked for a point of order.



Mayor Scafella asked Mr. Cohen to complete his comments in two minutes, please, or you must sit down.



Mr. Cohen responded in saying this is a 20-year agreement and I want my time to speak.



Mayor Scafella you have had your time, sir, please finish your remarks, there are other people that want to speak.

Mr. Cohen stated," now wait just a minute will you shut-up . . . and let me speak. and I want to say one thing. Why do we have to buy that lot, and I want some more time? And you don't have the authority . . . and there is no reason to spend this money you are diverting monies into private use."



Mayor Scafella directed Mr. Cohen out of the chamber this evening, and we do thank you for the history.



Fred Wyant, Business Man, noticed by looking at the ordinance that everybody had a right in that thing except for a left-handed Eskimo, how can you buy a piece a property and have so many people have rights to that property?



Jim Prete, 1136 Munsey Street, commented that Mr. Cohen is in his 90's and I consider the treatment to this man very bad and will check to see how long you can speak during a public hearing.



Mayor Scafella thanked Mr. Prete for his comments, now will you address the ordinance.

Jim Prete stated, now you just wait a minute, I resent you as well as your position. And don't interrupt me and you won't throw me out of this council.



Mayor Scafella responded, this is a public hearing on an ordinance and the public is required to address the ordinance and it is my responsibility to direct the meeting by these rules, and it is not to disrespect you or anyone else.



Jim Prete, reminded the Mayor you denied Mr. Cohen the opportunity to speak, now can I continue . . . I am concerned about this ordinance as public tax dollars being utilized to purchase the property. Mr. Prete asked whether the Parking Authority funds are going to be used to purchase the property for the City of Morgantown and is the bond issue going to be a tax free bond for a specified term with a specified call and rate and will it be absolutely dedicated by the Parking Garage. Mr. Prete commented that he supports parking garages generally just so they are going to be self supporting. Mr. Prete mentioned that if the parking authority has this kind of money to buy a lot for the City the possibility they are unfairly charging for their parking services if they have this excess, then maybe they should lower their rates and allow all the citizens to come downtown and park at a reasonable rate.

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



PUBLIC HEARING-AMENDING ARTICLE 1139 BY ADDING 1139.111 DAILY PICKUP:

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

John Duarte, 460 Grove Street, showed concern to Council whether this will make the rates rise throughout the City? Who is going to pay for this?



Frank Ferrell, 26 Outlook Street, asked Council to discuss the information he gave them on Outlook Street, for he is losing his voice.



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



PUBLIC HEARING-ESTABLISHING RATES OF PAY 2001-2002:



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 LONGEVITY PAY, HAZARDOUS DUTY PAY, SHIFT DIFFERENTIAL PAY :



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:



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AUTHORIZING THE PARKING AUTHORITY TO PURCHASE 1.05 ACRES IN THE FIRST WARD FROM GLENMARK: The following entitled ordinance was presented for second reading:



AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO PURCHASE, WITH MORGANTOWN PARKING AUTHORITY FUNDS, APPROXIMATELY 1.05 ACRES OF REALTY, LOCATED IN THE FIRST WARD OF THE CITY OF MORGANTOWN, FROM GLENMARK HOLDING LIMITED LIABILITY COMPANY FOR A PRICE OF $518,500.00.



After discussion, motion by Byrne, second by Miller, to adopt the above entitled ordinance. Motion passed 6-0. (Betty McClain Absent).



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING 1139 HEALTH & SANITATION & ADDING 1139.111: The following entitled ordinance was presented for second reading:



AN ORDINANCE AMENDING ARTICLE 1139 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN BY ADDING THERETO SECTION 1139.111, AS THE SAME APPLIES TO CERTAIN DESIGNATED DISTRICTS REQUIRING DAILY PICKUP AND APPLICABLE SERVICE FEE RATES.



After discussion, motion by Byrne, second by Miller, to adopt the above entitled ordinance. Motion passed 5-1. (Frank Salucci voted NO, Betty McClain Absent).



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE ESTABLISHING RATES OF PAY 2001-2002 : The following entitled ordinance was presented for second reading:

AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2001-2002.



After discussion, motion by Salucci, second by Byrne, to adopt the above entitled ordinance. Motion passed 6-0. (Betty McClain Absent).



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING LONGEVITY PAY, SHIFT DIFFERENTIAL AND HAZARDOUS DUTY PAY: The following entitled ordinance was presented for second reading:



AN ORDINANCE AMENDING SECTIONS lll-1(B)(LONGEVITY PAY), lll-3(B)(SHIFT DIFFERENTIAL), AND lll-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.



Motion by Byrne, second by Miller, to adopt the above entitled ordinance. Motion passed

6-0. (Betty McClain Absent).



BOARDS AND COMMISSIONS:



Motion by acclamation to approve Ron Justice to serve on the Historic Landmarks Commission to replace Betty McClain.



Councilor Good announced that on Wednesday, June 20th, that the Morgantown Tree Board is hosting the WV Urban and Community Forestry Council in Morgantown at the Public Safety Building at 11am.

PUBLIC PORTION:



Sam Nadler, Citizen, commented that he came here tonight after he watched on TV what

happened to Milton Cohen. Mr. Nadler stated that everybody looked bad asking Mr. Cohen to leave Council Chambers, and this council must somehow mediate the situation and have more decorum. Mr. Nadler also requested that council refrain from talking about what people say after they leave in a sarcastic demeaning way after they have left the podium. Mr. Nadler proposed to Council there must be a better way to handle, for everyone looked bad.



John Duarte, 460 Grove Street, stated it seems that it is Council verses the public and it is a confrontational approach. There are too many things going on in the City right now and it is us verses them, and information is not being shared freely. Mr. Duarte commented that in reference to the Beechurst Avenue project there should be a plan, and there should be drawings, and right now what we hear from the City Engineer is we are going to do the work but we have no plan and feel these plans need to be available for the public.



Susan Rhodes, Representing the American Cancer Society Ride for Life Poker Run Festival Permit, informed Council that Archies in Sabraton has a two-acre plot of land the motorcycles will be parked on and these bikes are valued at more than $25,000 a piece and these bikers are very responsible with their bikes, and are suiters such as yourself. Ms. Rhodes urged Council to approve this event so that the American Cancer Society can raise more money to help find a cure for cancer.



Jim Gaston, 720 Pyle Avenue, reminded Council that he is deeply concerned about the traffic patterns in the City and has been opposed to the beautification of Beechurst and widening of sidewalks and how can this project be funded and grant money given without plans. Mr. Gaston commented that if the City can't produce a sound plan, I will seek an injunction to have you stop the waste of mismanagement.



Ed Sneckenberger, 521 Woodhaven Drive, President of the Suncrest Neighborhood Association, informed Council, that Betty McClain will continue her service to the community as Vice-President of the Suncrest Neighborhood Association. Mr. Sneckenberger asked Council why Laurel Street was missed on the sidewalk list as this street is very dangerous for children to walk on as they go to school or if they are just playing, and requested Council to look at possibly of adding to the sidewalk list this year. Mr. Sneckenberger informed Council that the next Neighborhood Association meeting is on June 28th, and if we don't get an answer about the sidewalk by then, Betty McClain will be down to get an answer for us.

Lewis Barnes, Owner of Archie's, wished not to be set apart from other B&O tax payers for the use of my property and asked Council to reconsider this license and to approve it, as at the Mountain-Lair Spring Fest beer is sold, and the Amphitheater they had a wine tasting and this will only enhance more money going into the City.



Jim Prete, 1136 Munsey Street, commented or questioned on the Parking issue why the city would use its revenue tax monies to pay $275,000 on the parking garage, why wouldn't they just pay the full share. Mr. Prete remarked there are 321 parking spaces in the new garage, but that is not correct, by calculating it would be only 240 spaces for 5 million dollars.



Fred Wyant, Business Man, invited all of City Council on July 9th, to be at the Ramada Inn to support those people who want to listen to Walmart and their so call truths about this property. Mr. Wyant also mentioned the Beechurst project and asked your putting in 10 foot sidewalks, are you going to use the sidewalks as a lane? Mr. Wyant asked what is a grant and where does that money come from, did it fall out of the heaven? Mr. Wyant reminded the city that this is not the City Council of West Virginia University. This is the City Council of Morgantown, West Virginia.



Delegate Charlene Marshall, Former Mayor of Morgantown, commented in defense of Council and what happened earlier this evening with Mr. Cohen, we have repeatedly dealt with this and had to set a rule of limiting the time, history is important and most of this we have heard before, and complimented Council on the way the meetings are still being conducted.



Frank Ferrell, 26 Outlook Street, requested that Council look at an exemption for Outlook Street pertaining to the daily pickup for there are only 5 houses on this street and the students aren't here, this does not make sense. Mr. Ferrell commented that even though I didn't always agree with Betty McClain she was a good representative of the Suncrest Community, and I will personally miss Betty. Mr. Ferrell also commented to Greg Good that in the short time, you were on Council you did a fine job, and hope you will continue your work for the City.



SPECIAL COMMITTEE REPORTS:



No report.

NEW BUSINESS:



CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING CHARTER SECTION 2.08 AND 4.03 : The following entitled ordinance was presented for first reading:



AN ORDINANCE OF THE CITY OF MORGANTOWN PROVIDING FOR PROPOSED CHARTER AMENDMENTS, WHICH CHARTER AMENDMENTS WOULD AMEND SECTION 2.08 BY REMOVING THE REQUIREMENT THAT THE CITY CLERK BE A RESIDENT OF THE CITY, AND WOULD AMEND SECTION 4.03 BY REPLACING THE TERM "POLICE COURT "WITH THE TERM "MUNICIPAL COURT" AND REMOVING THE REQUIREMENT THAT THE MUNICIPAL COURT JUDGE BE A RESIDENT OF THE CITY.



Motion by Justice, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Betty McClain Absent).

CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING AN AGREEMENT WITH THE COUNTY REGARDING LOCAL REGIONAL JAIL PROCESSING: The following entitled ordinance was presented for first reading:



AN ORDINANCE AUTHORIZING THE CITY OF MORGANTOWN TO ENTER INTO AN AGREEMENT WITH THE MONONGALIA COUNTY COMMISSION REGARDING SHARED FUTURE COSTS OF THE LOCAL REGIONAL JAIL PROCESSING CENTER AND TRANSPORTATION SERVICES.

After discussion, motion by Good, second by Justice, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Betty McClain Absent).

CITY MANAGERS REPORT:



NEW BUSINESS:



ITEM NO. 1:



Attached, you will find a letter reporting the selection process for a consultant to update the City's Airport Master Plan. Based upon HNTB's national reputation; presence in West Virginia; use of West Virginia firms; and unique understanding of Morgantown's needs (economic development of the airport, commercial/corporate/general aviation services and facilities, funding sources, and regional influences), I recommend that a fee be negotiated with the firm for City Council's consideration.



Motion by Byrne, second by Salucci, that the Airport seek a consultant to update the City's Airport Master Plan and a fee is negotiated with the firm. Motion carried 6-0. (Betty McClain Absent).



ITEM NO. 2



The second attachment is a memo from the Public Works Director recommending that the low bidders, Ohio West Virginia Excavating and Magnum Contracting, be awarded the contracts to construct the TEA-21 sidewalks and Marilla bridge this summer for $551,532.50. Special note needs to be made that to meet budget constraints, Laurel Street needs to be removed from the project and be considered at a later date.



After discussion, motion by Salucci, second by Good, that Ohio West Virginia Excavating and Magnum Contracting be awarded the contract to construct TEA-21 sidewalks and Marilla bridge this summer for $551,532.50. Motion carried 6-0. (Betty McClain Absent).



ITEM NO. 3



The third attachment is a request from Archie's Restaurant to have a fund-raiser for the

American Cancer Society be qualified as a Public Fair. With this qualification, the

restaurant will be able to serve alcoholic beverages outside. In the past, the City has

granted such requests for nonprofit organizations, events, and festivals. Requests from

restaurants, bars, and other for-profit entities have here before not been approved. Based

upon potential precedents being set to circumvent ABC rules and regulations, I

recommend that the request be denied.



After discussion, motion by Justice, second by Byrne, to approve Archie's Restaurant to have a fund-raiser for the American Cancer Society. Motion carried 5-1. (Betty McClain Absent & Frank Salucci voted NO).



ITEM NO. 4



The last attachment is another memo from the Public Works Director recommending that

Alpha Associates be employed to design the Norwood Fire Station addition for a cost of

$17,000.00. Given the firm's qualifications and familiarity with the project, I agree with

the recommendation.

Motion by Byrne, second by Justice, that Alpha Associates by employed to design the Norwood Fire Station addition for a cost of $17,000.00. Motion carried 6-0. (Betty McClain Absent).



ITEM NO. 5:



The American Federation of the Blind will be having a meeting at the Senior Center on High Street on June 25, 2001, to discuss having Audible Signals downtown and are inviting all of Council to attend.

CITY CLERK'S REPORT:

No report.

CITY ATTORNEY'S REPORT:

No report.



REPORT FROM COUNCIL MEMBERS (roll reversal):



Councilor McClain: Absent.



Councilor Byrne: Councilor Byrne commented that in reference to public participation, someone made the comment that it is the Public vs. Council and I don't see it that way, Council tries to be patient, but there is business that needs to be done and we need to have rules. Councilor Byrne encouraged people to get involved by either calling Linda Little, City Clerk or go on the web page and apply to be on Boards and Commissions and become part of the solution.

Councilor Byrne remarked that he felt that the solution of a short term fix to the Beechurst area is a good one. Councilor Byrne responded to Mr. Prete's question of using B&O to repair the City Garage, and we are using parking authority monies to repair the City Garage. Mr. Wyant's remark to encourage us to go to the meeting about Walmart, I endorse and think Council should go. Councilor Byrne commented that Betty McClain has been an absolute charm to sit next to the past three years, a perfect lady and she is very committed to her issues and strong advocate to causes in her community. Councilor Byrne also commented to Greg," we are sorry to see you go we welcome Jim," we look forward to continuing working with you.



Councilor Justice: Councilor Justice remarked that he is proud of his History Degree and now he can put it to work by volunteering on the Historic Landmarks Commission. Councilor Justice thanked the City Manager and City Administration with their help on the Louise Avenue situation. Councilor Justice stated that I know Betty McClain would like to be here this evening, we have faced a lot of hard times together and I consider a good friend, a good person, and she has been a good & fair person to work with. Councilor Justice noted that of course it has been a pleasure working with Greg Good and am sure Greg will remain involved in the community with Trail development etc.



Councilor Miller: Councilor Miller mentioned that there really is a need for a sidewalk on Laurel and requested that this street be a priority and that money be allocated as a priority project as soon as possible.



City Manger recommended that the prudent thing to do is wait and see what other opportunities are available.



Councilor Miller commented that the Walmart issue is a very important one and the voices of the community can still be heard.

Councilor Miller remarked to Greg Good that he came in as a Council Member as if he had always sat in that seat all along, and he was able to do that for he works so hard for the City and is so dedicated, and I will not say good-bye, I will see you at the Beautification Meeting tomorrow.

Councilor Good: Councilor Good commented that the Walmart meeting in July is an important one and am hoping that the City Planner has sent a letter of comment to Walmart, if not the deadline is Thursday.

Councilor Good remarked yes, there are continuing problems throughout the City, but that is the nature of the beast, and think Morgantown is generally improving, the Rail-Trail and the spin-off from the Trail, most importantly the general wellness and increased positive attitude of what I saw 20 years ago. Councilor Good also pointed to improvements of Beautification, Urban Forest, Pedestrian Issues & Bicycle Issues. Councilor Good defined the City as having a new sense of community pride and with optimism, we can get things done to improve this community and make it a better place to live in. Councilor Good once again said it has been a pleasure working with Council and you will see me around.



Councilor Salucci: Councilor Salucci commented to Greg Good it has been an honor to serve with you.

Councilor Salucci stated in the Mayors' defense this is a business meeting and it has to be worked as such, if people can't get what they need to say in the time indicated in the rules, there are other venues in getting their voice heard by calling the Council Members, City Manager or City Clerk and the request forms are on the web page now. We must be fair and consistent with everyone.



Mayor Scafella: Mayor Scafella thanked Mr. Nadler for, "making me aware of comments which sounded sarcastic, but that was not my attention, and I will do better." Mayor Scafella stated, " in reference to talking with Mr. Cohen, we have tried doing that repeatedly and it doesn't work, it is a business meeting and I must keep it focused on the issues at hand." Mayor Scafella stated, " City Council of WVU no", on Beechurst Avenue the way that project started the CCVB had a consultant come in and eventually we came to the idea of expanding the sidewalk, putting benches, trash receptacles and lights and it is a short term fix and likely down the road, that highway will be expanded.

Mayor Scafella expressed that Greg Good is the best example of Emersion American Scholar; somebody deeply in tune to the environment, he draws the plans and works them and is hands on with all of his projects.



ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 10:04 p.m.









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City Clerk Mayor