REGULAR MEETING JUNE 20, 2000:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 20, 2000, 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, Tom Bloom, Teresa Miller, Ronald Justice, William Byrne, Betty McClain, and Jeff Burdoff, Assistant to the City Manager.
The meeting was called to order by the Mayor. A moment of silence was held and then the Policeman's Prayer was read by Councilor Justice in memory of Officer Frank Fidazzo.
APPROVAL OF MINUTES: Minutes of the regular meeting on, June 6, 2000, were approved as amended.
CORRESPONDENCE:
Councilor Bloom read a letter to the County Commission from Governor Underwood about a $50,744 Juvenile Accountability Incentive Block Grant to provide community-based delinquency intervention services in Monongalia County.
Mayor Scafella mentioned a letter from Liz Miranov about reinstating the ACT bus.
Mayor Scafella read a letter from Wallace Shatzer and Ruby Anderson about the placement of the Veteran's Memorial Plaque in the Norwood Fire Station and referred the matter to the City Manager.
Mayor Scafella presented a plaque to publicly honor Rich Lane, City Planner, for providing professional knowledge and direction of planning and zoning for the future of Morgantown. Mr. Lane encouraged the public to serve on boards and commissions.
Mayor Scafella acknowledged Dr. David Morgan to speak upon Governor Underwood designating Morgantown as a formal Retirement Community.
PUBLIC HEARING-CABLE TELEVISION REGULATION:
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-ROADWAY AGREEMENT BETWEEN THE CITY & COLUMBIA NATURAL RESOURCES:
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-RATES OF COMPENSATION FOR EMPLOYEES YEAR 2000-2001:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
Frank Ferrell, 26 Outlook St., commented that all City employees do an excellent job. The City Attorney should be the second highest paid position. The City Clerk has received numerous accolades and should not be on a parity with Fairmont & Clarksburg City Clerk salaries. Can merit raises be considered in the future?
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
PUBLIC HEARING-AMENDING LONGEVITY, SHIFT DIFFERENTIAL & HAZARDOUS DUTY 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.
PUBLIC HEARING-UPDATING AIRPORT MASTER PLAN:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
John Campbell, Hart Field Coalition, thanked Mr. Keener for an excellent job and gave comments on the Hart Field Master Plan. The Coalition would like to give ideas on future plans.
Chuck Keener, Airport Director, agreed with Mr. Campbell's comments. He further explained the reasoning for the perimeter fence. Mr. Keener welcomed the Coalition's ideas for the future. The main runway does not meet the FAA requirements for lights down the middle.
Milton Cohen, 1060 Ross St., commented that he had not read about this in the newspapers. The citizens should know more.
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
PUBLIC HEARING-ANNULLING FIRST STREET IN THE THIRD WARD:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
Milton Cohen, 1060 Ross St., asked why the City is giving away property and will this benefit the entire city? Council should require that this be used for greenspace.
Frank Ferrell, 26 Outlook St., spoke in favor of this at the last meeting and reiterated his reasoning.
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
PUBLIC HEARING-AUTHORIZING CONVEYANCE OF PROPERTY:
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-SALE OF TIMBER UPON CITY PROPERTY:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
Milton Cohen, 1060 Ross St., asked what is City's responsibility in the future to long-term commitments? The Finance Director should look at all the financial commitments the City will have in the future.
Frank Ferrell, 26 Outlook St., requested the City Manager to address the issue of the $525,000 not being able to be used for City projects. MUB has one of the cheapest water rates in the state.
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
UNFINISHED BUSINESS:
CONSIDERATION OF APPROVAL OF AN ORDINANCE REFERENCE CABLE TELEVISION REGULATION: The following entitled ordinance was presented for second reading:
AN ORDINANCE REPEALING ARTICLE 727 AS THE SAME APPLIES TO CABLE TELEVISION REGULATION.
After discussion, motion by Salucci, second by McClain to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING A ROADWAY AGREEMENT WITH COLUMBIA NATURAL RESOURCES: The following entitled ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING A ROADWAY AGREEMENT AND ACCOMPANYING ROADWAY DAMAGE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, GRANTOR, AND COLUMBIA NATURAL RESOURCES, INC., GRANTEE, THROUGH LAND ACQUIRED BY DEEDS FROM M.J.R. & EDITH ZIRKLE AND ROBERT H. & MARY O. HARTLEY AND RECORDED IN DEED BOOKS 581 AT PAGE 426 AND 628 AT PAGE 523, IN MONONGALIA COUNTY CLERK'S OFFICE.
After discussion, motion by Bloom, second by McClain to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE ESTABLISHING RATES OF PAY FOR EMPLOYEES : 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 2000-2001.
Motion by Byrne, second by Miller to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE AMENDING LONGEVITY, SHIFT DIFFERENTIAL & HAZARDOUS DUTY PAY: The following entitled ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTIONS III-1(B)(LONGEVITY PAY), III-3(B)(SHIFT DIFFERENTIAL), AND III-4(HAZARDOUS DUTY PAY) OF THE PERSONNEL RULES OF THE CITY OF MORGANTOWN BY INCREASING THE MONETARY AMOUNTS WITHIN EACH.
After discussion, motion by Salucci, second by Byrne to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE UPDATING THE AIRPORT MASTER PLAN OF 1993: The following entitled ordinance was presented for second reading:
AN ORDINANCE UPDATING THE MORGANTOWN MUNICIPAL AIRPORT MASTER PLAN DATED DECEMBER, 1993 AND APPROVING FACILITY IMPROVEMENTS AND PURCHASE OF EQUIPMENT FOR THE NEXT FIVE YEARS.
After discussion, motion with minor amendment by Bloom, second by Salucci to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF ANNULLING 17' RIGHT-OF-WAY ALONG FIRST STREET IN THE THIRD WARD: The following entitled ordinance was presented for second reading:
AN ORDINANCE VACATING, ABANDONING, AND ANNULLING A 17' RIGHT-OF-WAY EXTENDING ALONG A PORTION OF FIRST STREET AND RUNNING A DISTANCE OF APPROXIMATELY FIFTY-NINE FEET FROM ITS INTERSECTION WITH UNIVERSITY AVENUE, IN THE THIRD WARD OF THE CITY OF MORGANTOWN, MONONGALIA COUNTY, WEST VIRGINIA, NOT USED NOR USEFUL FOR STREET PURPOSES.
After discussion, motion by Salucci, second by Justice to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY: The following entitled ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY TO THE CITY OF MORGANTOWN, AS AUTHORIZED AND REQUIRED BY THE CHARTER OF THE CITY OF MORGANTOWN, SECTION 2.12(7).
After discussion, motion by Bloom, second by Salucci to adopt the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN ORDINANCE FOR THE SALE OF TIMBER UPON CERTAIN CITY PROPERTY : The following entitled ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, BY AND THROUGH THE MORGANTOWN UTILITY BOARD, AND ALLEGHENY WOOD PRODUCTS, A WEST VIRGINIA CORPORATION, FOR THE SEVERANCE AND SALE OF TIMBER UPON CERTAIN CITY PROPERTY.
After discussion, motion by McClain, second by Miller to adopt the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
Barton Loar was reappointed to the Parking Commission by acclamation. Tim Stranko, 1st Ward, and Steve Carpenter, 4th Ward, were reappointed to the Wards & Boundary Commission by acclamation.
PUBLIC PORTION:
Liz Miranov, 400 Willey St., requested reinstatement of the ACT (Accessible Community Transit) bus.
Sam Nadler asked for pro-active action by Council in regard to the asbestos issue at WVU. He requested Council to take action to inform the public of dangers so people will be safe at WVU.
Milton Cohen, 1060 Ross St., spoke of charter provisions on contracts and this Council needs to be using ordinances. Proper procedure is not being used.
Frank Ferrell, 26 Outlook St., commented on rezoning part of Brockway Ave. from R1-A to R-3. He is against the message signage board the Hotel Morgan wants to put up.
SPECIAL COMMITTEE REPORTS:
No report.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF AN ORDINANCE AGREEMENT WITH WV HITT PROPERTIES, LLC, LAND LOCATED IN THE THIRD WARD: The below entitled ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT OF LICENSE BY AND BETWEEN THE CITY OF MORGANTOWN
(LICENSOR) AND WV HITT PROPERTIES, LLC, A WEST VIRGINIA CORPORA-
TION (LICENSEE) AS THE SAME APPLIES TO LAND LOCATED IN THE
THIRD WARD OF THE CITY OF MORGANTOWN.
After discussion, motion by Miller, second by Salucci to pass the above entitled ordinance to second reading. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION SUPPORTING THE PRESERVATION OF COKE OVENS IN BRETZ WEST VIRGINIA: The above entitled Resolution was presented for Councils approval:
After discussion, motion by Byrne, second by McClain to pass the above entitled Resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF GRANT FUNDS IN THE AMOUNT OF $8,631 FOR THE SAFE AND DRUG-FREE COMMUNITIES GRANT PROGRAM: The above entitled Resolution was presented for Councils approval:
After discussion, motion by Bloom, second by Justice to pass the above entitled Resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF RECOMMENDING THE APPLICATION FOR 2000 HUD SCBG FUNDING AND AUTHORIZES THE CITY MANAGER TO COMPLETE SAID APPLICATION FOR THE WHARF DISTRICT PROJECT: The above entitled Resolution was presented for Councils approval:
After discussion, motion by Miller, second by Bloom to pass the above entitled Resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF AN APPLICATION FOR REZONING PORTION OF BROCKWAY AVENUE: The above entitled application was presented for Councils approval:
After discussion, motion by Justice, second by Bloom to deny the above entitled Application. Motion carried 7-0.
CITY MANAGER'S REPORT:
INFORMATION:
ITEM NO. 1:
With considerable regret, I inform City Council that Jeff Burdoff has accepted a new position of responsibility with the National White Collar Crime Center effective July 1st. Jeff's work for the City in Federal/State relations, Riverfront Development, and a wide range of special projects, events and activities will be very much missed. He has served the City of Morgantown exceptionally well.
ITEM NO. 2:
City Manager Dan Boroff mentioned that Mr. Cohen questioned the way City Council
does business with ordinances? Mr. Boroff responded in saying that throughout the year City Council makes hundreds of decisions and the way they do it is with voice votes, with motions and seconds, Resolutions, Proclamations or in some cases' Ordinances, now all of these decisions are made in public, but the ordinances are the more formal way it is akin to the City making a formal law, and for that reason the ordinance is reserved for most important issues, and not all decisions that Council makes requires an ordinance.
Mayor Scafella noted that Mr. Cohen did not stay around for the whole meeting to hear the answer to his questions on how the City handles their operations with ordinances.
NEW BUSINESS:
ITEM NO. 1:
The City has received a request from the 201st INF./FA Association for $2,000 to help finance the $8,000 paving needed in Memorial Park on Willowdale Road. Given the importance of this military unit to the City; the number of soldiers who have served in the unit from Morgantown; and the fact that this is one of the entrance ways to the City, I recommend that the request be granted.
After discussion, motion by Justice, second by Byrne to approve $2,000 from the contingency account to help finance the $8,000 paving needed in Memorial Park on Willowdale Road. Motion carried 7-0.
REPORT FROM CITY CLERK:
City Clerk Linda Little thanked Mr. Ferrell for his comments.
REPORT FROM CITY ATTORNEY:
City Attorney Steve Fanok commented I had nothing to do with Mr. Ferrell's comments, but thank you.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: Councilor Salucci mentioned that the City needs to enforce the
Helmet Laws on the rail-trail for some people are wearing them and some aren't.
Councilor Bloom: Councilor Bloom thanked Dr. Morgan for informing Council that
Morgantown has been designated as a Retirement Community, but
am concerned for there are positive and negative effects of this that there are limited amounts of funds and retired people do not pass levies, and I wish that the City would have been approached about this? Councilor Bloom referenced this quote, " one of most
important outcomes of the project in these communities are looking at long range planning with a careful eye to retiree needs."
Councilor Bloom commented I think that is great but I wish I knew this was going on and was a part of this.
Councilor Miller: Councilor Miller welcomed the students, and commented that this
was a good meeting to see Dr. Morgan, Mr. Keener, Airport Director, Sam Nadler and Frank Ferrell talking about issues that
we are concerned about and we should work as a community
and as a Council to work these issues and problems out. Councilor
Miller also commented that Mr. Cohen always talks of issues with
great concern. Councilor Miller commented on the sign that
will be going up on the Hotel/Clarion that there were very many varied opinions on this sign at the Planning Commission meeting, and that this will be a new trend and change in the community, this will be a test and I hope we did the right thing.
Councilor Justice: Councilor Justice requested that Greg Good present a report at the next COW Meeting on the work that is being done this summer.
Councilor Justice received a call from a resident on Cayton Street
about weeds and drainage issues and have forwarded that to the
City Manager, and wanted to compliment the City Manager on taking care of the weed request last week.
Councilor Justice reported that he will be working on a Resolution for Councils review on the Locks on the Mon. River.
Councilor Justice reminded Council that the Solid Waste Task
Force meeting will be on Wednesday, June 28, 2000, at 4:00 p.m.
in the Public Safety Building Conference Room.
Councilor Justice informed Council and the General Public that
Governor Underwood will be at the Riverfront on Thursday, June 22, 2000, at 11:00 a.m. and will be making an announcement.
Councilor Justice complimented the City Manager, Police Chief, Fire Chief, Linda Little, all the city employees, Police Agencies, Businesses working around the tragedy last week of the death of Frank Fidazzo, the employees pulled together and a true display of the type of family we have here at the City of Morgantown and a nice show of support for the family.
Councilor Byrne: No report.
Councilor McClain: Councilor McClain mentioned that the Historic Landmarks Commission has worked many hours to make the downtown
area registered on the National Historic Registrar and we are
proud of the work we have accomplished.
Councilor McClain commented that it is much more pleasant
driving around Morgantown now that the paving is almost complete.
Mayor Scafella: Mayor Scafella commented that there is a real need for garbage cans at the Riverfront Park, and asked if the City Manager could
check to see if that could be a possibility.
Mayor Scafella mentioned that at a later time the City will formally recognize Frank Fidazzo and it bears saying that you feel very helpless in a situation like this, but thoughts of friends and associates do lift and hold one up, and we do have the family in our thoughts.
ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:15 p.m.
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