REGULAR MEETING JUNE 5, 2001:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, June 5, 200,1 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 May 15, 2001, were approved as printed.
CORRESPONDENCE:
Mayor Scafella presented a proclamation to Ken Klase for his service on the Planning Commission.
Mayor Scafella read a proclamation for the Governor's Seat Belt Safety Months.
Councilor Good honored John Quinn, Bob Jones, Frank and Linda Saus, and Ed Sneckenberger for their beautification efforts.
Mark Coffindaffer, Met Theatre Board, gave an update on the restoration project. The theatre should be open for events next summer -- functional but not beautiful.
Mayor Scafella showed the Convention and Visitors' Center 2000 Tourism Project of the Year Award that was presented to the City for the Rail/Trail.
Mayor Scafella read a resignation letter from Michelle Malott for the position of City representative to the MRTC Board.
Mayor Scafella read a letter from Bennett Tower students thanking the City for the new traffic signal on Patteson Drive and with some further suggestions.
PUBLIC HEARING-AMENDING THE ZONING ORDINANCE AS APPLIES TO JOINT PARKING AND LOADING REGULATIONS:
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 Street asserted, this reads like a new zoning code instead of an amendment and it is dangerous.
Mayor Scafella asked Mr. Cohen to focus on one issue and then asked him to address the ordinance.
Mr. Cohen read from the charter and stated this ordinance violates the charter.
Mayor Scafella asked again that Mr. Cohen address the ordinance.
City Attorney Steve Fanok told Mr. Cohen that he had the right to address the specific ordinance, but the Mayor has the right to direct you in line as far as the ordinance and not to stray away from it.
Mr. Cohen asked the City Manager to withdraw this ordinance.
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
PUBLIC HEARING-AMENDING THE FY 2000-2001 BUDGET:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
Milton Cohen stated this ordinance also violates the charter. Three things show an increase in expenditure and one is to the mayor.
Mayor Scafella noted that is an inaccurate statement and asked Mr. Cohen to address the amendment.
Mr. Cohen said that it was illegal to call him the mayor and violates the charter and then he read from the charter.
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
UNFINISHED BUSINESS:
CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE AS APPLIES TO JOINT PARKING AND LOADING REGULATIONS: The following entitled ordinance was presented for second reading:
AN ORDINANCE AMENDING SECTION 12(B)(5) AND SECTION 12(B)(6),OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN, AND ADDING A NEW SECTION 12(B)(5.1), AS THE SAME APPLIES TO JOINT USE OF PARKING AND LOADING REGULATIONS.
After discussion, motion by Byrne, second by Justice, to adopt the above entitled ordinance. Motion passed 6-0. (McClain absent).
CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING THE FY 2000-2001 BUDGET: The following entitled ordinance was presented for second reading:
AN ORDINANCE AMENDING THE FY 2000-2001 ANNUAL BUDGET OF THE CITY OF MORGANTOWN AS SHOWN IN THE ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.
Motion by Salucci, second by Byrne, to adopt the above entitled ordinance. Motion passed 6-0. (McClain absent).
BOARDS AND COMMISSIONS:
Councilor Byrne requested Dr. Fones-Wolfe to convene the Personnel Board for a general meeting to go over the rules and regulations.
Councilor Good noted that a new nominee is needed to replace Michelle Malott. Nominations can come from the community for the Beautification Commission. The nomination form is on the City web page.
Councilor Miller reported that there are applicants for the Human Rights Commission and a process is in place but they are waiting on Delegate Marshall.
PUBLIC PORTION:
James Craig, 14 Fairway Court, asked for a postponement and reconsideration of the BFI ordinance for 5 day pickup. This ordinance does not address the litter issue; enforce the current laws instead; why not try 2 days at first; litter control officer should focus on problem areas; and there is no way to measure the success or failure of the program or any time frame.
Ron Bane, 540 Hess St., requested a charter revision of Article 7, Section 7.02, deleting "elected at large" and give the power back to the Wards. Each Ward has its own special problems and issues.
Donna Mayfield, 1029 Ridgeway Ave., wondered about a refund of fire fees for citizens who have not used the service.
Milton Cohen, 1060 Ross St., talked about the City's performance and observance of the City Charter. Mr. Cohen counted over 20 violations in the last 2 months and the BFI contract is illegal. "We're gonna throw you out of office." "If you don't obey the charter, you can be removed from office."
SPECIAL COMMITTEE REPORTS:
Mayor Scafella noted the final meeting of the Airport Alliance for Economic Development will be June 19 and he will report after that time.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY TO PURCHASE APPROXIMATELY 1.05 ACRES OF REALTY, LOCATED IN THE FIRST WARD: The following entitled ordinance was presented for first 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 Miller, second by Justice, to pass the above entitled ordinance to second reading. Motion carried 6-0. (McClain Absent).
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING THE HEALTH AND SANITATION CODE ADDING DAILY PICKUP: The following entitled ordinance was presented for first 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 pass the above entitled ordinance to second reading. Motion carried 5-1. (McClain Absent, Salucci voted No).
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE ESTABLISHING RATES OF COMPENSATION FOR FY 2001-2002: 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 2001-2002.
After discussion, motion by Salucci, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (McClain Absent).
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING LONGEVITY PAY, 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 EACH.
Motion by Miller, second by Justice, to pass the above entitled ordinance to second reading. Motion carried 6-0. (McClain Absent).
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING THE ZONING ORDINANCE AS THE SAME APPLIES TO PRIVATE SCHOOLS: The following entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION 5, DEFINITIONS; AND TABLE 9, CONTINGENT USES AND REQUIREMENTS OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO PRIVATE SCHOOLS.
Motion by Byrne, second by Salucci, to pass the above entitled ordinance to second reading. Motion carried 6-0. (McClain Absent).
CONSIDERATION OF APPROVAL OF A RESOLUTION REVISING THE PARKING TIME LIMIT IN "C LOT" FROM 10 HOURS TO 2 HOURS: The above Resolution was presented for Council's approval:
After discussion, motion by Miller, second by Byrne, to approve the above entitled Resolution. Motion carried 6-0. (McClain absent).
CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDING AGREEMENT BETWEEN THE CITY OF MORGANTOWN AND BFI: The above Resolution was presented for Council's approval:
Councilor Byrne proposed 4 amendments and Councilor Justice proposed 2 amendments; Jeff Brown of BFI concurred that the 6 amendments could be added to the Amending Agreement. They are as follows:
After discussion, motion by Salucci, second by Justice, to conditionally approve the above entitled Resolution. Motion carried 6-0. (McClain absent).
CITY MANAGER'S REPORT:
INFORMATION:
ITEM NO.1:
Effective July 1, 2001, the Police Department will assign an officer as a full time, trash/litter enforcement official. Although all police officers and code enforcement officials will continue to write citations, the new official will work the assignment on an exclusive basis and effect close coordination with the County counter part.
ITEM NO. 2:
For the past several years the City has benefitted from an extraordinarily low Worker's Compensation experience modification factor [1.0 is average and the City's has been as low as .5]. The rate for the new year though has recently been set at .8. Although this is still 20% better than the average, it will generate a Worker's Compensation premium increase of approximately $85,000. This increase will be paid from the City's general fund contingency line.
NEW BUSINESS:
ITEM NO. 1:
Attached you will find a memo concerning the Fire Department unlock services. As per your direction, I recommend that it be adopted as City policy subject to periodic reviews.
Amending motion by Salucci, second by Justice, to eliminate "risk of property loss". Motion failed 4-2. (Salucci and Justice voted YES, McClain absent).
Amending motion by Salucci, second by Justice, to change operating hours. Motion passed 6-0. (McClain absent).
Amending motion by Good, second by Byrne, to review in 90 days. Motion passed 6-0. (McClain absent).
After discussion, motion by Byrne, second by Miller, to adopt the policy as amended. Motion passed 6-0. (McClain absent).
ITEM NO. 2:
West Virginia Radio Corporation [Chicken-Wing Cook-Off]; the Arts and River Festival; and most recently, the Florence Merow Mason Dixon Festival have requested that the City qualify them as Fairs to sell beer and/or wine. Given the color, character, and overwhelming past successes of these events, I recommend that the requests be approved.
Motion by Salucci, second by Byrne, to qualify the above as Fairs. Motion passed 6-0. (McClain absent).
ITEM NO. 3:
The City has received a proposal from Network One to provide long distance telephone services at a rate of $.0539 per minutes [the City is currently paying $.269 per minute using a state contract]. The company offers additional savings of $620 per month for circuits and lines usage [materials attached]. Given the overall projected savings of $21,000 per year and listed references, I recommend the proposal be accepted.
Motion by Byrne, second by Salucci, to accept the Network One proposal for long distance telephone service. Motion passed 6-0. (McClain absent).
ITEM NO. 4:
BOPARC has made a supplemental budget request of $22,000 to cover additional labor costs for a 2 year period and $6,000 for a small vehicle for trail construction and maintenance. Based upon the temporary nature of the labor cost and the one time equipment acquisition, I recommend that the request be granted from the Capital Escrow Account.
Motion by Good, second by Byrne, to give BOPARC $28,000 from the Capital Escrow Fund. Motion passed 6-0. (McClain absent).
CITY CLERK'S REPORT:
City Clerk Linda Little thanked everyone who ordered Colasessano Pepperoni Rolls for the United Way.
CITY ATTORNEY'S REPORT:
No report.
REPORT FROM COUNCIL MEMBERS:
Councilor Salucci: No report.
Councilor Good: Councilor Good reported the Trail Mix last Saturday was a success. The half marathon had 142 runners. Councilor Good mentioned that 3 groups are having Volunteer Days this weekend; Learning Trails, MRTC, and WV Botanic Garden.
Councilor Miller: Councilor Miller attended the Celebration for Stanford Children at Marilla Park and Kim Allen told her about all the events at Krepps Park. Councilor Miller congratulated BOPARC and thanked Linda Little for the pepperoni roll sale.
Councilor Justice: Councilor Justice reported that at the corner of James and Monongalia Streets the curb has been eliminated by trucks and cars going into the yard. Councilor Justice noted that on Wall St., bricks are broken, the grease won't come up and the stench is terrible. Councilor Justice requested Ron Eck come to the next COW. The Solid Waste Task Force will present the City Manager with a proposal for receptacles in high traffic areas. $15,000 for the receptacles from the Capital Escrow Fund should be on the COW agenda. Councilor Justice requested street lights for parking safety in the alleys. Councilor Justice asked Council to visit the 700 block of Louise Avenue and see the condemned house recently sold. A contractor dug around the foundation and put the dirt in the yard next door. There are 4 people living there along with 2 aggressive dogs. How was an occupancy permit obtained? The neighbors want it declared a Public Nuisance.
Councilor Byrne: No report.
Councilor McClain: Absent.
Mayor Scafella: Mayor Scafella announced the Library's Ice Cream Social on June 23 at the Garlow House. The July 3rd Council meeting is okay but everyone will check calendars and report at the next meeting. Mayor Scafella clarified that the Chamber of Commerce Transportation Committee ask the State to look into having Beechurst Avenue be 2 lanes into town in the morning and 2 out in the evening. City Engineer sent a letter to the DOH on May 29. Mayor Scafella asked about E- government for paying bills on-line, etc..
The City Manager replied that the Finance Director is checking into this.
Mayor Scafella remarked that we are very fortunate in Morgantown, we can give employees a raise, thanks to the City Manager and the support he gets from this Council.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:50 p.m.
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City Clerk Mayor