Council Meeting Minutes for 8-1-00

REGULAR MEETING August 1, 2000:

The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 1, 2000, at 7:30 P.M.

PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok, Council Members Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, and Bill Byrne. (Betty McClain Absent).

The meeting was called to order by the Mayor.

APPROVAL OF MINUTES: Minutes from the special meeting & regular meeting on July 18, 2000, were approved as printed.

CORRESPONDENCE:

Councilor Byrne mentioned a letter from Rick Sanders, Sanders Floor Covering, detailing a problem with building permits being required when people are changing their flooring requesting that the City re-look at the building permit process.

Mayor Scafella read a letter from Journalism 18 thanking Council for their willingness to assist them while covering the City this summer.

Mayor Scafella also mentioned a new Vision 2020 project that will promote the trails and at the same time emphasize fitness for the citizens. The fitness program being designed by Mon. Health Systems is entitled "Vital Signs on The Move." The program will encourage physical fitness while promoting use of the trails.

PUBLIC COMMENTS ON BUDGET CARRYOVER:

Chris Haddox, 739 Monongahela Avenue, thanked Council and the City Manager for recognizing the work that Habitat for Humanity is doing in regard to addressing the needs in the area of low and moderate income housing. Mr. Haddox commented that he, volunteers and board members have built homes for 13 families and have invested approximately $337,000.00 in new homes within the City limits. By the end of the year 2000 they should invest another $90,000 in new homes. Mr. Haddox also commented that Habitat for Humanity is doing what the Comprehensive Plan says they should be doing to meet the needs of low and moderate income housing and would love to continue to help the city meet those goals and objectives.

Jan Derry, North-Central Independent Living, mentioned a letter she received from Denise White, Finance Director, and requested Council to revisit her request for $3,800 for capital expenditures associated with the relocation of the center in the City limits.

A member of Community Living Initiative Corporation commented that some publication this week mentioned that the request for Habitat for Humanity came from CLIC for special interest and wanted to correct that. The request was on behalf of the home modification coalition which represents more than 20 organizations in this town and the main goal is affordable housing in this community.

Christy Venham, President Riverfront Museums in the Seneca Center, the museum opened September 1999, and is located on the Rail-Trail. They have had a lot of interest and help from the community and at this time the organization is all volunteer. Ms. Venham commented that they are asking for office equipment and office supplies which would be a one time request.

PUBLIC HEARING-REZONING 47 PARCELS OF REAL ESTATE IN THE FIRST 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 Street, asserted that this is premature and this Council should not be voting on this, for this is piece-meal planning, and does not fit in the downtown plan or Riverfront plan. Mr. Cohen commented that we have a revolutionary city. In fact, the first in the Country, and the year 2001 is going to be our 225th anniversary of Monongalia County and of the US of America.

Mayor Scafella suggested to Mr. Cohen, please address the ordinance.

Mr. Cohen commented to the Mayor, "you don't have to tell me anything-you are not the Mayor-you are only the chair."

Mayor Scafella mentioned to Mr. Cohen that it is so tiresome week after week.

Mr. Cohen . . . "well fine."

Mayor Scafella said, "please take your seat" . . .

Mr. Cohen asked, "let me have my say" . . .

Mayor Scafella, "Mr. Cohen, you lost your privilege" . . .

There being no further appearances or objections, Mayor Scafella declared this hearing closed.

Councilor Byrne asked the Mayor if he could suspend the rules to speak to inform all of those that are present tonight to hear about the budget carryover, that the monies will be discussed during the City Managers Report which is Item No. 12.

PUBLIC HEARING AMENDING THE FY 2000-2001 GENERAL FUND 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-AMENDING THE FY 2000-2001 COAL SEVERANCE FUND 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.

UNFINISHED BUSINESS:

CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE REZONING 47 PARCELS IN THE FIRST WARD: The following entitled ordinance was presented for second reading:

AN ORDINANCE PROVIDING FOR THE REZONING OF FORTY-SEVEN

(47) PARCELS OF REAL ESTATE IN THE FIRST WARD OF THE CITY OF MORGANTOWN FROM (I-1) INDUSTRIAL DISTRICT TO (B-4) GENERAL BUSINESS DISTRICT (NON-PEDESTRIAN) 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 Salucci, second by Justice to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain Absent).

CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING THE FY 2000-2001 GENERAL FUND 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 REVISED BUDGET ATTACHED HERETO AND MADE A PART OF THIS ORDINANCE AS THE SAME APPLIES TO THE GENERAL FUND.

After discussion, motion by Byrne, second by Bloom to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain Absent).

CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING THE FY 2000-2001 COAL SEVERANCE FUND BUDGET: The following entitled ordinance was presented for second reading:

After discussion, motion by Miller, second by Bloom to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain Absent).

BOARDS AND COMMISSIONS:

Council by acclamation appointed J. Vincent Bartling to serve on the BOCA Board of Appeals for a five-year term in the Master Electrician position.

Councilor Justice requested that the City Clerk pull Thomas Shamberger to be considered for the BZA appointment.

PUBLIC PORTION:

Glen Weeks, 293 Grafton Road, WVU Student and operates a hot dog cart at night. "I have tried to use my cart at the Rail-Trails and am confused on why I cannot use my city permit at the trails."

The City Manager explained that the Rail-Trails are now being administered by BOPARC, and other venders have interest, and must coordinate all activities with Jeff Berryman, BOPARC Director.

Glen Weeks commented he thought his license enabled him to vend in public areas.

The City Manager responded in saying that a business license is obtained to do business within the City limits. That does not entitle you to the use of municipal property.

The City Attorney clarified that the City Rail-Trails is realty owned by the City of Morgantown, which is a difference from a public right of way such as the streets.

Glen Weeks asked the City Attorney, what about the city streets that are currently being finished that are adjacent to the trail-is that a legal area to vend?

The City Attorney responded in saying yes, but that he should check with the B&O Clerk before doing this.

Milton Cohen, 1060 Ross Street, commented that the group of people that are advising this Council called ASPIRE is made up of a whole bunch of Real Estate Developers.

Mayor Scafella responded to Mr. Cohen that he is working from a false assumption, the memberships of ASPIRE are by and large in business.

Councilor Miller also responded that two of the members are from the planning commission.

Mayor Scafella noted that also the President of the Chamber of Commerce, City Manager, Mark Nesselroad and me, we could go on . . .

Mr. Cohen commented, "you are having the fox design the hen house before giving the public a chance to say how they feel. Just recently by resolution you decided to put a light on University Avenue, another piece-mealing planning, and this City is responsible for these decisions for the next 50 years, and who gives this Council the right to make these decisions?"

Mayor Scafella stated "Mr. Cohen, your time is up" . . .

Ken Ervin, ADAPT WV, asserted that the City Charter states that the Council will appoint a Human Rights Commission and at this time the commission is inactive. Morgantown is a City that is growing in diversity and he is requesting that Council needs to move on making this commission active again to protect any discrimination against minorities.

Vickie Shaffer, 400 Willey Street, commented that last month she was saddened by a person she had never met, J.R. Warren. He died because he was gay, because he was black and disabled. Ms. Shaffer requested that the City of Morgantown set an example to stop these kinds of crimes, and totally agrees with Ken that we need a Human Rights Commission. Do not let Arthur Warren's death be in vain, do something about hate in this city.

SPECIAL COMMITTEE REPORTS:

No report.

NEW BUSINESS:

CONSIDERATION OF APPROVAL OF AMENDING EVANSDALE PARKING DISTRICT: The following entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING AN ORDINANCE ENTITLED, AN ORDINANCE DESIGNATING A PORTION OF THE EVANSDALE AREA OF THE CITY AS

A DESIGNATED PARKING DISTRICT: DEFINING THE BOUNDARIES THEREOF; AND DIRECTING THAT THE STREETS IN THE DISTRICT BE SIGNED ACCORDINGLY.

Councilor Bloom motioned to amend the ordinance time to 3 p.m. to 10 p.m., second by Salucci. Councilor Bloom requested to suspend the rules to let Jerry Steketee, 913 Hawthorne Avenue speak.

Mr. Steketee explained that by opening up this area up another two hours would give more individuals the opportunity to park in our neighborhood and requested Council to approve the ordinance as proposed by the Traffic Commission.

After discussion a vote was taken and the amendment failed 5-1. (Councilor Bloom voted yes, Councilor McClain Absent).

After discussion, motion by Miller, second by Salucci to pass the above entitled ordinance to second reading. Motion carried 5-1. (Councilor Bloom voted no, Councilor McClain Absent).

CONSIDERATION OF APPROVAL OF AMENDING SECTION 1511.01(a) TRAINING REQUIREMENTS DEPUTY FIRE MARSHALS: The following entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 1511.01(a) OF THE FIRE CODE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO FIRE MARSHALS AND THE TRAINING REQUIREMENTS OF DEPUTY FIRE MARSHALS.

After discussion, motion by Bloom, second by Salucci to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain Absent).

CONSIDERATION OF APPROVAL OF AMENDING SECTION 755.02 LICENSING & FEES RETAIL LIQUOR OUTLETS: The following entitled ordinance was presented for first reading:

AN ORDINANCE AMENDING SECTION 755.02 OF THE CITY OF MORGANTOWN'S BUSINESS AND TAXATION CODE AS THE SAME APPLIES TO LICENSING AND FEES FOR RETAIL LIQUOR OUTLETS.

Motion by Byrne, second by Justice to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain Absent).

CONSIDERATION OF APPROVAL CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled ordinance was presented for first reading:

AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE

CITY CODE.

Motion by Salucci, second by Byrne to pass the above entitled ordinance to second reading. Motion carried 6-0. (Councilor McClain Absent).

CONSIDERATION OF APPROVAL OF A RESOLUTION IN SUPPORT OF THE CONTINUATION AND EXPANDED OPERATION OF THE POINT MARION, MORGANTOWN, HILDEBRAND AND OPEKISKA LOCKS: The above entitled Resolution was presented for Councils approval:

After discussion, motion by Byrne, second by Justice to approve the above entitled Resolution by a 6-0 vote. (Councilor McClain Absent).

CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY SEEK HUD SCBG FUNDING FOR ITS WHARF DISTRICT PROJECT TOTALING $500,000 TO IMPROVE ACCESS ALONG CLAY STREET: The above entitled Resolution was presented for Councils approval:

After discussion, motion by Justice, second by Miller to approve the above entitled Resolution by a 6-0 vote. (Councilor McClain Absent).

CITY MANAGER'S REPORT:

NEW BUSINESS:

ITEM NO. 1:

Attached you will find a memo from the Public Works Director proposing drainage improvements for the principal street and stream intersections on Burroughs Run. Based upon its merits, I recommend that $4,000 from the Capital Escrow Account be used to fund the engineering for this project.

After discussion, motion by Justice, second by Byrne to recommend that $4,000 be taken from the Capital Escrow Account to improve drainage in the Burroughs Run area. Motion carried 6-0. (Councilor McClain Absent).

ITEM NO. 2:

Veterans of WWII and their families in Sabraton have requested that a WWII Monument located inside the Norwood Fire Station be relocated outside to enhance its visibility. It appears that State funding may be available to finance part of the project and the veterans' group will donate labor. To help with the cost of materials, I recommend that up to $3,500 from the Capital Escrow Account be made available to support the project.

After discussion, motion by Miller, second by Justice to make available $3,500 from the Capital Escrow Account to help with the placement of the WWII Monument. Motion carried

6-0. (Councilor McClain Absent).

ITEM NO. 3:

The City was very fortunate last year to be awarded $700,000 in TEA-21 funds for major sidewalk improvements in the City and a pedestrian bridge at Marilla Park. This year, the funds were released and the City was authorized to seek engineering services to design the project. The second attachment reports on the proposals received and recommended Greenhorne and O'Mara for a cost of $119,400. I agree with the finding and the reasons for supporting it.

Motion by Justice, second by Salucci to approve the engineering design for the 1999 TEA-21 sidewalk and bridge project be awarded to Greenhorne & O'Mara for a cost not to exceed $119,400.00. Motion carried 6-0. (Councilor McClain Absent).

ITEM NO. 4:

As discussed at the Committee of the Whole, attached is a proposed budget for end of year capital expenditures.

Motion by Byrne, second by Miller that the proposed capital expenditures presented by the City Manager be approved. Councilor Bloom asked to separate the following line items: Convention & Visitors Bureau, 4x4 pick-up and Habitat for Humanity. The following were voted on as a group: Fire Station Repairs, $25,000; Shirt Factory Demolition, $70,000; Wiles Hill School, $35,000; Burroughs Run Project, $45,000; Neighborhood Trails, $15,000; Sidewalk Program, $100,000; BOPARC Mower. Motion carried 6-0 to approve the above list excluding Visitors Bureau, Pick-up and Habitat to look at them individually. (Councilor McClain Absent).

Councilor Bloom commented that the money for Habitat for Humanity should be held in escrow, we need a plan before we move ahead and also should not be favoring one group over another group.

Councilor Byrne commented that the need for low-to-moderate income housing is here and is not going away. It is a truism that the low-to-moderate income housing issue has been the orphaned child of the city for a long time.

After more discussion, a vote was taken on approving the $25,000 for Habitat for Humanity. Motion carried 4-2. (Councilor Salucci, Councilor Bloom voted No, Councilor McClain Absent).

Councilor Bloom questioned whether or not the City is being frugal in funding the purchase of a pick-up truck.

City Manager Dan Boroff responded in saying that the truck is for the public works department to replace a dilapidated 8-year-old truck with more than 100,000 miles, and feels this is a higher priority than one outside the City.

A vote was taken on purchasing a truck for the Public Works Department for $25,000. Motion carried 6-0. (Councilor McClain Absent).

After discussion, Councilor Bloom motioned funding $16,500 of the $25,000 of the request by the Convention & Visitors Bureau, saying the remainder should be the responsibility of other entities that benefit from its services. Then everyone is paying their fair share and the City of Morgantown is not paying for it all. Second by Justice. Mayor Scafella reminded Council that the request is a scaled-down list of what the Convention & Visitors Bureau needs. A vote was taken on the above motion and motion failed 5-1. (Councilor Bloom voted Yes).

After discussion, Council approved by acclamation to have the City Manager send a letter to the County Commission, City of Westover, and City of Star City challenging them that they also need to help the Convention & Visitors Bureau. The Mayor also suspended the rules so that Stacy Brodak, Director of the Convention & Visitors Bureau could comment that she will be asking the County Commission and the other cities for help also. Councilor Byrne motioned to approve allocating $25,000 for the Convention & Visitors Bureau, second by Justice. Motion carried 6-0. (Councilor McClain Absent).

ITEM NO. 5:

The Senior Citizen Center attracted around $20,000 in State grant money to replace the van they use for their trips, but the total cost is going to be around $35,000, and I recommend that another $15,000 from the Capital Escrow Account be made available to capture this opportunity while it is available.

After discussion, motion by Justice, second by Bloom to approve another $15,000 be made available to the Senior Center to enable them to get the van needed for their trips. Motion carried 6-0. (Councilor McClain Absent).

CITY CLERK'S REPORT:

City Clerk, Linda Little, reminded everyone about the United Way Hot Dog Sale on Wednesday, September 13, 2000, at the Court House Square from 11-2.

CITY ATTORNEY'S REPORT:

No report.

REPORT FROM COUNCIL MEMBERS:

Councilor Bloom requested a roll reversal

Councilor McClain: Absent.

Councilor Byrne: Councilor Byrne requested that at the next COW Meeting, he would like to have on the Agenda the Disability Housing Task Force and the outstanding request from CLIC.

City Manager Dan Boroff responded that these types of requests should be left for Budget Sessions.

Councilor Justice: Councilor Justice thanked Don Strimbeck for all of his hard work in helping to get the information for the Resolution that was passed this evening on the Locks & Dams. Councilor Justice mentioned that the weeds on the Rail-Trail, especially in Sabraton, are real high. Councilor Justice requested an update on the third Entrance Sign. Councilor Justice reported that the next meeting of the Solid Waste Task Force will be at the end of this month, and thank you to the City Clerk and Donna for putting minutes together. Councilor Justice also reminded Council that the State Legislature renamed Beechurst Avenue and the Ceremony will be on August 14^th at the Riverfront Park at 10:00 a.m.

Councilor Miller: Councilor Miller commented that Ken Irvin is right, Council needs

to jump-start the Human Rights Commission. Mayor Scafella

asked Councilor Miller if she would take the lead on this issue.

Councilor Miller requested of all Council members that when speaking on the radio, speak for yourselves and I promise I will

speak for myself.

Councilor Bloom: Councilor Bloom recommends that she look at the video tapes to see what she said concerning the fee & tax during the meeting.

Councilor Bloom questioned what is the zoning on Beechurst

Avenue? Mayor Scafella responded in saying Mixed-Use.

Councilor Bloom thanked the Police & Fire Departments for the

nice job they did on the demolition of the South High Bridge. It was an exciting event.

Councilor Salucci: Councilor Salucci requested that the Traffic Commission start looking at the traffic issue on Don Knotts Avenue with the new

WVU building and Centra Bank building going up. The Traffic Commission needs to look at where the traffic lights should go etc., not only congestion of traffic, but also pedestrians trying to get to the Riverfront.

Mayor Scafella: Mayor Scafella mentioned that the Small Cities Block Grants have opened up the Riverfront to not only disabled, but to those that are not. The buses are fully disabled accessible as are many other things in the community.

Councilor Byrne: Council Byrne requested to suspend the rules to let Jeannie Grimm, member of the Disability House Task Force to speak.

Mayor Scafella asked Ms. Grimm to come to the microphone.

Jeannie Grimm stated that the three groups that Council ignored

this evening was asked to come back during the carryover. We

were here as requested by the City, and now you are telling us to come back again in the next funding cycle. I think we all know the difference between operating funds and capital expenses.

Mayor Scafella responded that this Council had several hundred thousands more in requests than we did in money to allocate.

ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 9:20 p.m.

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City Clerk Mayor