REGULAR MEETING JULY 17, 2001:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Thursday, July 17, 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 and Councilmembers Jim Manilla, Teresa Miller, Ronald Justice, Bill Byrne, Florence Merow. (Frank Salucci and Staff Attorney Steve Fanok Absent).

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the regular meeting on July 5, 2001, were approved as amended.

CORRESPONDENCE:

Mayor Scafella welcomed Paul Sunyak's journalism class and mentioned they will be interviewing Councilmembers again this year.

Mayor Scafella read an e-mail from Jim Richter of Baltimore about his visit to Morgantown.

Mayor Scafella reported on a thank you letter from Bob Losh on behalf of the Celebration of America committee. The City contributed $2,000.

PUBLIC HEARING-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 COAL SEVERANCE FUND:

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:

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 COAL SEVERANCE FUND: 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 COAL SEVERANCE FUND.

After explanation by the City Manager, motion by Justice, second by Byrne, to adopt the above entitled ordinance. Motion carried 6-0. (Salucci absent).

Boards & Commissions Vacancies:

John Williams was reappointed to BOPARC by acclamation.

Lyndell Millechias was reappointed to the Library Board by acclamation.

Ernest Fortuna was reappointed to the Parking Authority by acclamation.

Ron Bane was appointed to the Traffic Commission by acclamation.

David Huffman, Robert Feathers, William Ryan and Alan Donaldson were reappointed to the Ward & Boundary Commission by acclamation.

Dr. Bill McDonald was appointed as Botanist and Betty Gheza was appointed to the Beautification Commission by acclamation.

PUBLIC PORTION:

Don Spencer, First Things First, requested the five minutes permitted for organizations and read the handout presented to Council. The handout stated the goals of the committee, listed endorsements received, and asked for Council's endorsement of their plan.

Cindy Frich, 1248 Baker's Ridge Road, thanked Council for the Resolution opposing Wal-Mart on 705. There are citizens, outside of the city, trying to create planning districts. Ms. Frich thanked Jim Manilla for speaking at the hearing at the Ramada Inn and thanked Mayor Scafella and Teresa Miller for attending.

Delegate Marshall thanked Council and the City Manager for sending help to the southern part of the state during the flood and mentioned how proud she was when reading about the trucks going down there. Delegate Marshall reported on how state legislators from that area were doing and what they had lost from the flooding.

The City Manager summarized the assistance we sent; 2 new dump trucks and 2 volunteers, John Schumber and Rod Squires, that arrived in Mullens on Friday afternoon and that day removed 30 loads of debris from the downtown. They have been working 12 hour shifts and will remain until next Friday.

Don Trevorrow, 512 Milford Street, looked at his tax records for his residence and for 1992, the amount was $106.64. In 1994, the amount was $433.00 for property tax. Mr. Trevorrow stated that if everyone had a 400% increase, this city should be rolling in money and the credit for the increase should go to Rodney Pyles, the County Assessor. Mr. Trevorrow noted that the City promised in the 1950's to protect zoning but it has changed from R-1 to PRO; big buildings have been built right across the street and the garbage container bin 2 feet from his property line does not have a door. Mr. Trevorrow also thinks Council's treatment of Milton Cohen is outrageous.

There being no more appearances, Mayor Scafella declared the Public Portion closed.

SPECIAL COMMITTEE REPORTS:

Mayor Scafella noted that the Airport Committee report went to the Development Authority and it has been forwarded to Council.

Mayor Scafella reported that the Chamber of Commerce Steering Committee has not met since May and read a letter from Terry Jones regarding meeting with First Things First members before setting an agenda.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND MARJON, INC., LESSEE (A HERTZ SYSTEM LICENSEE), AS THE SAME APPLIES TO MARJON, INC. OPERATING AUTOMOBILE RENTAL SERVICES AT THE MORGANTOWN MUNICIPAL AIRPORT: The above entitled ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND MARJON, INC., LESSEE (A HERTZ SYSTEM LICENSEE), AS THE SAME APPLIES TO MARJON, INC. OPERATING AUTOMOBILE RENTAL SERVICES AT THE MORGANTOWN MUNICIPAL AIRPORT.

After discussion, motion by Justice, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Salucci absent).

CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND CHECKER LEASING, INC., LESSEE (d/b/a AVIS RENT-A-CAR SYSTEM), AS THE SAME APPLIES TO CHECKER LEASING, INC. OPERATING AUTOMOBILE RENTAL SERVICES AT THE MORGANTOWN MUNICIPAL AIRPORT: The above entitled ordinance was presented for first reading:

AN ORDINANCE AUTHORIZING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN, LESSOR, AND CHECKER LEASING, INC., LESSEE (d/b/a AVIS RENT-A-CAR SYSTEM), AS THE SAME APPLIES TO CHECKER LEASING, INC. OPERATING AUTOMOBILE RENTAL SERVICES AT THE MORGANTOWN MUNICIPAL AIRPORT.

After discussion, motion by Miller, second by Bryne, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Salucci absent).

CONSIDERATION OF APPROVAL OF FIRST READING OF 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: The above 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 Manilla, second by Miller, to pass the above entitled ordinance to second reading. Motion carried 6-0. (Salucci absent).

CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING EXECUTION OF A SAFE AND DRUG-FREE COMMUNITIES GRANT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR PROJECT SDFC-00-LE-020: The above entitled resolution was presented for Council's approval:

A RESOLUTION AUTHORIZING EXECUTION OF A SAFE AND DRUG-FREE COMMUNITIES GRANT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES FOR PROJECT SDFC-00-LE-020.

After discussion, motion by Byrne, second by Merow, to approve the above entitled resolution. Motion carried 6-0. (Salucci absent).

CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING EXECUTION OF A JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES: The above entitled resolution was presented for Council's approval:

A RESOLUTION AUTHORIZING EXECUTION OF A JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES.

After discussion, motion by Miller, second by Byrne, to approve the above entitled resolution. Motion carried 6-0. (Salucci absent).

CONSIDERATION OF APPROVAL OF A RESOLUTION AGREEING TO ACCEPT AND MAINTAIN WHARF STREET REALTY BEING CONVEYED BY THE STATE TO CONSTRUCT PUBLIC PARKING: The above entitled resolution was presented for Council's approval:

A RESOLUTION AGREEING TO ACCEPT AND MAINTAIN WHARF STREET REALTY BEING CONVEYED BY THE STATE TO CONSTRUCT PUBLIC PARKING.

After discussion, motion by Byrne, second by Miller, to approve the above entitled resolution. Motion carried 6-0. (Salucci absent).

CITY MANAGER'S REPORT:

INFORMATION:

ITEM NO. 1:

As way of update, I call Council's attention to the potential unfunded projects [or parts of projects] that have been discussed in the recent past. They are as follows:

• Fire Department Safety Boat - - $30,000 in addition to the State grant.
• Public Works Salt Building - - $50,000 addition because of site work/foundation.
• Update Zoning Ordinances - - additional $25,000 for turn key project.
• Norwood Fire Station Addition - - $38,000 construction and design.
• Regional Jail Requirements - - $95,000.
• Workers Compensation Increase - - $85,000
• BOPARC Land Acquisition - - $30,000 to support neighborhood rails to trails
• Storm Water Control - - seed money $50,000
• City Hall Computer Network - - $30,000
• Two Contracts remain to be awarded - - McQuain Park [$450,000] and Rail/Trails improvements [$312,000]. Potentially both of these could have cost over-runs.

Council will be periodically briefed as these projects mature and more information is available.

ITEM NO. 2:

Attached you will find a letter from Air Midwest Airline, Inc. reporting an annual loss of $417,900 on its Washington D.C., Morgantown, Clarksburg flight service and plans to discontinue this service on September 24, 2001. State and Federal Representatives of the City are aware of this announcement and are at work to reverse the situation. As it further develops I will keep you advised.

ITEM NO. 3:

Results of the PPO discounts are now known for the first two months of operation in the City's Health Insurance Program. Currently the City is averaging a savings of $7,000 per month [$84,000 per year]. This is good news and measures well against forecasted savings, but for the calendar year to date health claims are averaging $106,000 per month [$1,275,000 per year] as opposed to the past three year average of $87,000 per month [$1,044,000 per year] - - a $231,000 per year increase.

ITEM NO. 4:

The City has recently received the actuarial reports for the Police and Fire Pension Funds. As previously discussed, although Morgantown compares quite favorably with other WV Class I and II Cities, there are still serious funding problems in these two programs. To put this in perspective, the following data is offered;

Together there is a shortfall in funding of $707,077 per year in these two programs. The State government that created these programs is acutely aware of the shortfalls throughout West Virginia and hopefully in the immediate future will address this issue. If the State fails to act though, Morgantown may be forced to take actions on its own, as it can afford, but obviously at the expense of other City programs.

NEW BUSINESS:

ITEM NO. 1:

Attached you will find Parking Authority bid results to construct 35 parking spaces on Wharf Street. I agree with the findings of the Authority and recommend that the contract be awarded to the low bidder Stone Paving for a price of $107,347. SPECIAL NOTE: When this project was first proposed, Council approved a loan of $50,000 to the Authority as way of assistance. Since that time Council has expressed a wish not to commingle funds for parking projects therefore I recommend that the City fund the public improvements piece of the project that is not parking - - period lighting, landscaping, and sidewalks up to $50,000.

After discussion, motion by Justice, second by Byrne, to accept the low bid of Stone Paving for $107,347 for 35 parking spaces on Wharf Street. Motion passed 6-0. (Salucci absent).

CITY CLERK'S REPORT:

Hot Dog Sale for the United Way has been scheduled for September 18 with 3 sites this year.

STAFF ATTORNEY'S REPORT:

Absent.

REPORT FROM COUNCIL MEMBERS:

Councilor Salucci: Absent.

Councilor Manilla: Councilor Manilla noted Marchetta Maupin has been watering the flowers downtown every single day. Councilor Manilla reported the WV Brewing 5-Miler was a successful event- largest race in Morgantown with 362 participants and all money goes to the Rail/Trail. Councilor Manilla recommended the movie at the Amphitheater sponsored by BOPARC.

Councilor Miller: Councilor Miller thanked Councilor Manilla for noticing Marchetta Maupin's work and we may have to expand her position. Councilor Miller noted that 75% of the homes in Wyoming County have been destroyed or affected by the flooding and every single business was destroyed in Mullens. The www.wvgazette.com has a special article -" and

the rains came". Councilor Miller urged people to give to the Red Cross.

Councilor Justice: Councilor Justice spoke to the Mayor of Mullens who thanked the City and MUB for their help. Councilor Justice noted the Historic Landmarks Commission is concerned about the Masonic Temple building. Councilor Justice offered a motion to give $2,000 from the Capital Escrow Fund to the Mason/Dixon Festival so the rides can have electrical power. After discussion, second by Miller. Motion passed 6-0. (Salucci absent).

Councilor Byrne: Councilor Byrne said that WVU buying property in Sunnyside for parking lots is a good short-term solution, but the suggestion that the Masonic Temple be torn down for a parking lot does not make sense with the collaborative plan underway to put a parking garage at the corner of Willey and University. Councilor Byrne hopes the Landmarks Commission will negotiate with the University about the Masonic Temple. Councilor Byrne remarked that the Beechurst sidewalk project is going slowly and asked if it will be completed before the students return.

The City Manager replied only one side will be done this summer and that should be done by November. Councilor Byrne remarked on the traffic bottleneck that would be created when the students are here. Councilor Byrne stated that some landlords have a Smoke Detector Addendum attached to the lease that makes the tenant responsible- do not sign it! Councilor Byrne asserted this is contrary to state law and maybe we could communicate with the University to warn students.

Councilor Merow: Councilor Merow agreed with Councilors Byrne and Justice about tearing down the Masonic Lodge. Councilor Merow welcomed everybody and brought to the Mayor's attention to the Special meeting being at the same time as the next Regular meeting and proposed the Special meeting be held at 6:30p.m. Since the advertisement said 7:30p.m., it was agreed to have the Special meeting at 7:30p.m. and the Regular meeting immediately after. Councilor Merow would like to place returning to 3 readings on the next COW agenda; the City Manager to give Council the full cost of the Beechurst sidewalk construction to date; the City Manager to inform Council of the status of the former BP station on Collins Ferry.

The City Manager replied the work order has not come back yet.

Councilor Merow asked if trailers were permitted in R-1 areas.

The City Manager replied that the federal government certifies those houses.

Councilor Merow stated the City Engineer reported that Lawnview Drive is so bad it cannot be patched up it needs to be replaced. Would it be possible to put it on next year's list? Councilor Merow requested that

on the 3 minute rule, would like to see it placed on the COW in August, and commented that there must be decorum and we need rules and a lot of citizens feel they are not welcome here and Council can speak as long as they want and don't forget this government belongs to the citizens and this must be modified so that citizens have an opportunity to voice their opinions. Councilor Merow mentioned that she was glad that the First Things First will be on COW Agenda for discussion.

Councilor Miller agreed with Councilor Merow that sometimes when citizens come here they feel intimidated when they come here to speak and suggested that we have informal meetings in a more relaxed environment.

Councilor Merow said that she needed to mention the Aspen Sidewalk is deteriorating and it is very narrow and dangerous and children walk back and forth to school. Councilor Merow requested that the City Manager check with Mark Wise on getting power at the Riverfront for the Florence Merow Mason Dixon Festival.

Mayor Scafella: Mayor Scafella mentioned that since the Fire Department Safety Boat is going to be a reality and it occurred to me that we might christen that boat to Betty McClain since this was her project.

Mayor Scafella clarified that on the City Managers report it was mentioned perhaps a third utility a water utility and one aspect of that is that the storm water control was mandated by the Federal Government and every city has to address this.

ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:10 p.m.

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City Clerk Mayor