REGULAR MEETING JUNE 4, 2002:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 4, 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 21, 2002 were approved as printed.
CORRESPONDENCE:
Mayor Scafella read a proclamation for West Virginia Special Olympics Summer Games.
Mayor Scafella gave a reminder of the parade and special ceremony honoring part of the World Trade Center as it passes through Morgantown.
PUBLIC HEARING-AUTHORIZING EASEMENT AGREEMENT BETWEEN THE AIRPORT AND DOMINION HOPE:
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 THE 2001-2002 BUDGET:
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- AGREEMENT BETWEEN THE COUNTY & CITY COOPERATION BETWEEN HAZARDOUS MATERIAL TERMS IN RESPONDING TO INCIDENTS:
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:
EASEMENT AGREEMENT CITY OF MORGANTOWN AIRPORT & DOMINION HOPE: The following entitled Ordinance was presented for second 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 Merow, second by Byrne, to approve the above entitled ordinance. Motion carried 7-0.
AMENDING THE 2001-2002 BUDGET: The following entitled Ordinance was presented for second 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 Miller, second by Byrne, to approve the above entitled ordinance. Motion carried 7-0.
AGREEMENT BETWEEN THE CITY & COUNTY PERTAINING TO HAZARDOUS MATERIAL TEAMS: The following entitled Ordinance was presented for second 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.
After discussion, motion by Bane, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.
BOARDS AND COMMISSIONS:
By acclamation, Greg Good was appointed to BOPARC, Don Spencer was appointed to chair the Dorsey Knob fund raising committee, and Brenda Ruschenberg was appointed to the Citizens Advisory Committee.
PUBLIC PORTION:
Bob Holt, 313 Ravenrock Drive, commented on the passing of Thearle Jamison and his contributions to the city. Mr. Holt commended Council and noted that the Hart Field Coalition is attempting to make Hart Field the "Best Small Airport in the United States".
SPECIAL COMMITTEE REPORTS:
Councilor Merow reported that the Application for Funds is completed. Motion by Justice, second by Bane, to adopt the Application for Funds form. Motion carried by acclamation.
Councilor Byrne noted meetings with the South Point community and stated that the Housing Study presentation next Monday will be televised.
NEW BUSINESS:
Terri Cutright gave a presentation on the Business Improvement District for Downtown Morgantown.
After discussion, motion by Justice, second by Byrne, to have the City accept the petition for the Business Improvement District. Motion carried 7-0.
AN ORDINANCE AMENDING LONGEVITY, SHIFT DIFFERENTIAL AND HAZARDOUS DUTY PAY. The following entitled Ordinance was presented for first 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.
After discussion, motion by Merow, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR 2002-2003: The following entitled Ordinance was presented for first reading:
AN ORDINANCE ESTABLISHING THE RATES OF COMPENSATION FOR CITY OF MORGANTOWN EMPLOYEES FOR THE FISCAL YEAR 2002-2003.
Amendment by Justice, second by Byrne, to increase the City Clerk to 18.51 in Appendix A. Motion carried 7-0. Motion by Merow, second by Justice, to pass the above entitled ordinance to second reading. Motion carried 7-0.
RESOLUTION TO SUPPORT THE GRANT APPLICATION TO COMPLETE THE WEST VIRGINIA PUBLIC THEATER, ANCILLARY PARKING GARAGE, AND MARINA DEVELOPMENT PROJECTS FOR PLATINUM PROPERTIES, LLC AND THE WEST VIRGINIA PUBLIC THEATER:. The above entitled Resolution was presented for Council's approval:
After discussion, motion by Manilla, second by Justice, to pass the above Resolution. Motion carried 7-0.
A RESOLUTION TO SUPPORT THE GRANT APPLICATION TO COMPLETE THE METROPOLITAN THEATRE PROJECT FOR THE METROPOLITAN THEATRE PRESERVATION FOUNDATION.: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Miller, to pass the above Resolution. Motion carried 7-0.
A RESOLUTION TO SUPPORT THE GRANT APPLICATION TO COMPLETE THE SQUARE AT FALLING RUN , LLC PROJECT FOR STAINBACK PUBLIC/PRIVATE REAL ESTATE, LLC AND MCCOY 6 APARTMENTS, LLC.: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Manilla, second by Byrne, to pass the above Resolution. Motion carried 7-0.
A RESOLUTION TO APPROVE THE CITIZEN PARTICIPATION PLAN FOR A SMALL CITIES BLOCK GRANT PROJECT.: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Merow, to pass the above Resolution. Motion carried 7-0.
DORSEY KNOB PROPOSAL:
City Manager Dan Boroff explained an opportunity for the Greater Morgantown Community Trust to acquire a $1.3 million loan for the 67 acres of Dorsey's Knob. BOPARC and the City cannot take out a loan to buy property by state law. At least 3 years of interest payments must be placed in escrow with the bank so the interest payments can be made in a timely way. At approximately 4.75% interest, the City of Morgantown would place $160,000 into escrow. BOPARC, working with other community interests, will have 3 years to raise the money to retire the loan. By the end of the period, after the repayment of the loan, the property will be turned over to BOPARC for $1 to become the newest city park. During this period, the park will be under the operational control of BOPARC but the ownership will remain with the Greater Morgantown Community Trust until the note is retired. Immediately, the 67 acres will be annexed into Morgantown.
There is some risk entailed. The worst case scenario is that these community interests fail to raise the $1.3 million to retire the note and it goes into default. The bank and the federal agency that backed the loan guarantee would sell the property to pay the loan. The City's risk would be losing the 3 years of interest payments. We do not have $160,000 on hand but we do have a cash flow. City Council has budgeted funds for other projects that will not be realized until next year or late next year. In effect, the risk would be having to postpone or eliminate some of these projects to fund this one.
As a matter of practicality, it is a no-loss proposition for the City. We stand to gain the most attractive park in the county and all the great benefits that accrue to a very special piece of geography. In the worst case, if it does go into default, it will be inside the city limits of Morgantown and the City will be able recapture its investment through B&O taxes on construction and service fees, within 5 years of development.
After discussion, motion by Justice, second by Merow, to provide 3 years interest money and any other short term monies the City Manager deems necessary, with advisement to Council.
Motion carried 7-0.
CITY MANAGERS REPORT:
NEW BUSINESS:
Item No l:
Attached you will find a request from the Fire Chief for approximately $10,000 to fund a docking facility and lift system for the new Fire Rescue Boat. Given the significant City and State investment in this project, I recommend that the request be funded from the Capital Escrow Account contingency line.
After discussion, motion by Merow, second by Justice to fund a docking facility and lift system for the new Fire Rescue Boat for $10,000. Motion carried 7-0.
Item No 2:
The second attachment is a request from the West Virginia Radio Corporation for a Fair Permit in support of the annual Chicken Wing Cook-Off to be held Saturday, August 24, 2002, at the Mountaineer Mall. With this permit, the Cook-Off will be able to sell beer in a strict and secure environment. This is a request that has traditionally been granted by City Council.
Motion by Miller, second by Bane to approve the Fair Permit to West Virginia Radio for the Chicken Wing Cook-Off held on Saturday, August 24, 2002. Motion carried 7-0.
Item No 3:
The third attachment describes a proposed Mail Order Prescription Drug program for City employees. Through it they will be able to purchase long term, prescribed maintenance drugs (90 day orders) at discounted prices with a 20% coinsurance payment (no deductible or 20% traditional coinsurance payment). As well, prescribed drugs for oral contraceptives, smoking cessation (once per lifetime) and obesity are added to the qualified list.
Motion by Byrne, second by Bane to approve the Mail Order Prescription Drug program for the City employees. Motion carried 7-0.
Item No. 4:
The last attachment is from WVU requesting an endorsement of its application for State economic development funds to support a Research and Development Park in the City. Of all the projects recently reviewed by City Council, this one promises to have the greatest, long term economic impact on the future growth and development of Morgantown and I recommend that the endorsement be granted.
After discussion, motion by Merow, second by Justice to approve WVU's endorsement of its application for State economic development funds to support a Research and Development Park in the City. Motion carried 7-0.
Item No. 5:
Earlier this year, Council budgeted $35,000 for a new rail trail in the Falling Run water shed. As per the presentation you received last week concerning Square at Falling Run, the Greenspace Coalition is asking that the project be postponed and that $20,000 of the funds be used to complete Phase II of the White Park Trail Project. Given the rich benefits of this request, I recommend that it be approved.
Motion by Byrne, second by Bane, to approve the Greenspace Coalition to postpone the new trail in the Falling Run water shed and that $20,000 of the funds be used to complete Phase II of the White Park Trail Project. Motion carried 7-0.
CITY CLERK'S REPORT:
City Clerk Linda Little thanked the City Manager and Council for their continued support and thanked everyone who bought Colasessano pepperoni rolls for the United Way.
According to the City Code City Council is charged with appointing pollworkers and
ballot commissioners (Jacques Williams & Vaughn Kiger) for the Special Election. A motion would be in order to approve the ballot commissioners and attached list of pollworkers.
Motion by Byrne, second by Merow, to approve ballot commissioners and pollworkers for the Special Election. Motion carried 7-0.
STAFF ATTORNEY'S REPORT:
City Attorney Steve Fanok thanked Council for their continued support.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane thanked the City Manager and Public Works Dept. for patching Callen Avenue.
Councilor Manilla: Councilor Manilla noted the editorial about the Lock and Dam and the debris behind the dam.
City Manager Boroff explained the cost of removal to a land fill and what is actually done.
Councilor Miller: Councilor Miller asked if the signs about the leash law will be in parks and requested the Morgantown sign and a clock be placed back on the Depot.
City Manager Boroff replied the request for signs has gone to BOPARC.
Councilor Justice: Councilor Justice thanked everyone for supporting the Dorsey's Knob project and listed upcoming committee meetings. Councilor Justice noted Thearle Jamison's tenure on City Council and that interns are working on a tribute to Mayors and Council. Councilor Justice commented on the B&O tax and recruitment for downtown.
Councilor Byrne: Councilor Byrne mentioned that the recycling effort is picking up steam and should be in the black this year. Councilor Byrne gave a reminder about corrugated cardboard.
Councilor Merow: Councilor Merow noted the City can lift the B&O tax for certain reasons to help businesses.
City Manager Boroff replied that it is the only tax for municipalities and reform is needed at the state level to allow cities to pick and choose from taxes tailored for their specific needs. Morgantown's economy has more than doubled in the last 10 years to over $1 billion.
Councilor Merow noted empty stores and asked about incentives for businesses. Councilor Merow remarked on the memorial bike ride for Gene Vance.
Mayor Scafella: No Report.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:08 p.m.
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City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THEMORGANTOWN CITY LIBRARY.