REGULAR MEETING JULY 2, 2002:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, July 2, 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 City Clerk.
ELECTION OF MAYOR AND DEPUTY MAYOR:
City Clerk Linda Little opened the floor for Nominations for Mayor for 2002-2003.
Motion by Scafella, second by Manilla, to appoint Councilor Justice as Mayor.
City Clerk Linda L. Little asked if there were any more nominations for the office of Mayor.
Nominations were closed.
There being no further nominations, the City Clerk took a vote.
The final vote of 7-0 determined that by unanimous consent Councilor Justice be selected as the new Mayor for 2002-2003.
City Clerk Linda Little then opened the floor for nominations for the office of Deputy Mayor for 2002-2003.
Motion by Byrne, second by Justice, to appoint Councilor Miller as Deputy Mayor.
Motion by Bane, second by Merow, to appoint Councilor Manilla as Deputy Mayor.
City Clerk Linda Little then asked if there were any more nominations.
There being no further nominations, the City Clerk took a vote.
The final vote of 4-3 determined that Councilor Miller was selected as the Deputy Mayor for 2002-2003. (Bane, Manilla and Merow voted for Manilla).
Councilor Scafella was presented with a gavel in recognition of his service as Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on June 18, 2002, were approved as printed.
CORRESPONDENCE:
Cliff Sutherland, AAU Coach, spoke about the Charlie Weber AAU basketball tourney.
Councilor Manilla commented on 5 a.m. truck noise heard on Clark Street and Dave McGill's concerns about coal dust in air.
Mayor Justice recognized and welcomed a previous Mayor, Charlene Marshall.
Councilor Merow asked about following Weirton's weed ordinance.
UNFINISHED BUSINESS:
BOARDS AND COMMISSIONS:
By acclamation, Bill Byrne was reappointed to the Parking Authority.
PUBLIC PORTION:
Danette Constantino, 224 Bretz Street, reflected on condemnation orders and proceedings.
Richard Panico, 453 Beechurst Avenue, commented on the stormwater ordinance and mapping of the stormwater system.
Charlene Marshall, 417 White Avenue, thanked and congratulated City Council and the City Administration.
NEW BUSINESS:
AN ORDINANCE ENACTING ARTICLE 929, STORMWATER MANAGEMENT AND RATES AND FEES. The following entitled Ordinance was presented for first reading:
AN ORDINANCE ENACTING ARTICLE 929 OF THE MORGANTOWN CITY CODE, AS APPLIES TO STORMWATER MANAGEMENT AND SURFACE WATER DISCHARGE CONTROL AND APPLICABLE RATES AND FEES.
After discussion, motion by Byrne, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE REZONING TWO PARCELS FROM (B-1) BUSINESS TO (B-4) GENERAL BUSINESS DISTRICT: The following entitled Ordinance was presented for first reading:
AN ORDINANCE REZONING TWO PARCELS OF REAL ESTATE IN THE FIFTH WARD OF THE CITY OF MORGANTOWN FROM (B-1) BUSINESS TO (B-4) GENERAL BUSINESS DISTRICT CLASSIFICATION BY AMENDING SECTION 13 OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS SHOWN ON THE EXHIBIT HERETO ATTACHED AND DECLARED TO BE A PART OF THIS ORDINANCE AS IF THE SAME WAS FULLY SET FORTH THEREIN.
After discussion, motion by Miller, second by Manilla, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING THE TERM OF AN AGREEMENT WITH THE MONONGALIA COUNTY SOLID WASTE AUTHORITY: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE TERM OF AN AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND THE MONONGALIA COUNTY SOLID WASTE AUTHORITY, PERTAINING TO THE SOLID WASTE AUTHORITY'S USE OF CITY REALTY FOR PURPOSES OF OPERATING A RECYCLING FACILITY.
After discussion, motion by Merow, second by Byrne, to pass the above entitled ordinance to second reading. Motion carried 7-0.
AN ORDINANCE AMENDING SUBSECTION 177.06 (H), COST OF LIVING INCREASES FOR RETIRED MEMBERS AND THEIR BENEFICIARIES: The following entitled Ordinance was presented for first reading:
AN ORDINANCE AMENDING SUBSECTION 177.06 (H) OF THE ADMINISTRATIVE CODE OF THE CITY OF MORGANTOWN, SPECIFICALLY, THE EMPLOYEE'S RETIREMENT AND BENEFIT FUND SECTION, AS IT APPLIES TO COST OF LIVING INCREASES FOR RETIRED MEMBERS AND THEIR BENEFICIARIES.
After discussion, motion by Byrne, second by Scafella, to pass the above entitled ordinance to second reading. Motion carried 7-0.
A RESOLUTION REVISING THE 2001-2002 MORGANTOWN MUNICIPAL AIRPORT BUDGET:. The above entitled Resolution was presented for Council's approval:
After discussion, motion by Scafella, second by Byrne, to pass the above Resolution. Motion carried 7-0.
A RESOLUTION ADOPTING THE 2002-2003 MORGANTOWN MUNICIPAL AIRPORT BUDGET:. The above entitled Resolution was presented for Council's approval:
After discussion, motion by Scafella, second by Manilla, to pass the above Resolution. Motion carried 7-0.
A RESOLUTION ADOPTING THE 2002-2003 MORGANTOWN MUNICIPAL AIRPORT IMPROVEMENT FUND BUDGET:. 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 AUTHORIZE EXECUTION OF A GRANT AGREEMENT FOR FUNDING A PREVENTION RESOURCE OFFICER (PRO) IN UNIVERSITY HIGH SCHOOL.: The above entitled Resolution was presented for Council's approval:
After discussion, motion by Merow, second by Scafella, to pass the above Resolution. Motion carried 7-0.
A RESOLUTION TO AUTHORIZE EXECUTION OF A GRANT AGREEMENT FOR FUNDING CONFLICT RESOLUTION PROGRAMS IN FIVE ELEMENTARY SCHOOLS.: The above entitled Resolution was presented for Council's approval:
Motion by Miller, second by Bane, to pass the above Resolution. Motion carried 7-0.
CITY MANAGERS REPORT:
INFORMATION:
Item No l:
Preparations for the Special Election to be held on July 23, 2002, have been completed. City voters are reminded that they may cast absentee ballots at City Hall during regular business hours.
There are three important issues voters need to consider. First, that if collective bargaining does pass, it is irrevocable except by the employees. City residents cannot decide to change it or have another election to repeal it. The second issue deals with the concept of mandatory binding arbitration for wage considerations. If there is a dispute over what people should be paid, how much vacation or sick leave, contributions to pension plans, or any condition of employment, that decision would be made by an independent individual not responsible to the citizens of Morgantown. There is no appeal to any part of that, either. The third point is the reoccurring issue of wages, pay increases and fringe benefits. City Council has granted pay raises every year for 10 years, 9 of them above the CPI. The health insurance cost to a City of Morgantown employee is $44 per month while the national average is more like $160 per month.
Item No 2:
I am pleased to report that effective July 1, 2002, Jeff Mikorski is promoted to Assistant City Manager responsible for the day to day administration of City government in my absence. As you know, Jeff was responsible for a number of important projects when he served as the Economic Development Officer for the City of Clarksburg and he has been even more effective in administering complex Federal/State grants, Channel 15, and other special projects for the City of Morgantown. With the new position, he will be working closer with all the Departments of the City.
NEW BUSINESS:
Item No 1:
The first attachment is a Letter of Understanding describing improvements to the Caperton Trail behind the Seneca Center. As discussed at the Committee of the Whole, I recommend that the letter be approved and the deck and brick walks be installed.
Motion by Scafella, second by Byrne, to approve the improvements to the Caperton Trail behind the Seneca Center. Motion carried 7-0.
Item No 2:
The second attachment is a proposal from CTL Engineering to do roadway evaluations of South Point Circle for a cost of $8,665. Given the background of this long standing situation, I recommend that this work be funded from the Capital Escrow Account.
After discussion, motion by Byrne, second by Merow, to approve the CTL Engineering proposal for South Point Circle for $8,665. Motion carried 7-0.
Item No 3:
Construction activities at Hazel Ruby McQuain Park should be substantially completed within the next month. To close the project there are some additional amenities that are possible-additional lighting on the Deckers Creek Trestle and support structures from the roof for temporary light and sound systems. To assure that they are put in place in a timely way I recommend that change orders totaling approximately $5, 000 be authorized.
Motion by Merow, second by Scafella, to authorize change orders for Hazel Ruby McQuain Park amenities for $5,000. Motion carried 7-0.
Item No 4:
This is a request for City Council to authorize a special meeting for July 9, 2002, at 4:00 p.m. to align state requirements for the Community Development Block Grant program. We have another very solid grant application to forward to Charleston but there are deadlines for the application submission.
Mayor Justice said that if 4 members of Council concur, there will be a special meeting on July 9, 2002, at 4:00 p.m. in Council Chambers. Only Councilor Bane will be unable to attend.
Item No 5:
In response to Ms. Constantino, the rental unit she lived in had not been inspected for a Certificate of Occupancy after 3 certified letters had been sent to the owner so it was not in compliance.
CITY CLERK'S REPORT:
No Report.
STAFF ATTORNEY'S REPORT:
No Report.
REPORT FROM COUNCIL MEMBERS :
Councilor Bane: Councilor Bane challenged Council to sponsor $10 each for the July 4th 5K Run for lung cancer.
Councilor Manilla: Councilor Manilla spoke about citing property owners of rental units for garbage, the DOH study of Beechurst traffic, unnecessary construction projects when schools start or end, and timing of delivery trucks on High Street.
Councilor Scafella: Councilor Scafella mentioned garbage information from Ohio State and that Norman Roush met with COMM/PACT and since we are now an Urban Area, we need to form an MPO to do another traffic study or revise the 2020Plan. Councilor Scafella commented on the Beechurst study by the State, information on Bamberg, Germany as a sister city, and the historical perspective of the Masonic Lodge zoning. Councilor Scafella clarified his position since he is no longer Mayor.
Councilor Miller: Councilor Miller commented on block parties, being elected as Deputy Mayor, and support during her father's hospitalization and death.
Councilor Byrne: Councilor Byrne mentioned a memo from the City Manager about properties that have received multiple citations and asserted that owners need to have respect for the condition of their property.
Councilor Merow: Councilor Merow noted that trash issues multiplied when curbside pickup was started and that we had a sister city in 1978, Mu-Cha, Taipei, Taiwan. Councilor Merow asked if a tax could be collected from PA residents working in Morgantown.
City Manager Boroff replied that WV cities do not have that authority.
Councilor Merow noted a rumor about a sidewalk on the other side of Beechurst, asked about the Deputy Mayor chairing the COW meetings and read from the charter.
City Attorney Steve Fanok will check and report back.
Councilor Merow remarked on the Weirton weed ordinance.
Mayor Justice: Mayor Justice mentioned Cayton and Orlando Street issues and that Martinsburg is successfully enforcing the BOCA exterior maintenance code. Mayor Justice announced upcoming meetings and events and clarified the Boards and Commissions vacancies advertising policy.
ADJOURNMENT: There being no further business, the meeting adjourned by unanimous consent at 9:53 p.m.
_____________________________ __________________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS IS AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.