REGULAR MEETING August 15, 2000:



The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, August 15, 2000, at 7:30 p.m.



PRESENT: Mayor Frank Scafella, City Manager Dan Boroff, City Clerk Linda L. Little, Staff Attorney Steve Fanok, Assistant to the City Manager Jeff Mikorski and Councilmembers Frank Salucci, Tom Bloom, Teresa Miller, Ronald Justice, Bill Byrne and Betty McClain.



The meeting was called to order by the Mayor.



APPROVAL OF MINUTES: Minutes from the regular meeting on August 1, 2000, were approved as printed.

CORRESPONDENCE:



Mayor Scafella presented a proclamation to Jeff Jenkins publicly honoring him for his service for the City of Morgantown, noted that the whole community has benefitted from his keeping citizens accurately informed about the affairs of City government, and wished him well in his new endeavors.



Mayor Scafella also informed everyone that the video of the Jerry West Dedication will be on Adelphia Channel 3 on Wednesday, August 23, at 10 a.m., 1 p.m. and 7 p.m. and on Thursday, August 24, at 10 a.m. and 8 p.m.



Mayor Scafella welcomed the new Assistant to the City Manager Jeff Mikorski.



Florence Merow, Mason Dixon Festival Board member, presented a check to the Mayor for the Fidazzo family from a drawing done at the festival by Whitetail Bikes in the amount of $1,060. Ms. Merow thanked those who helped in making this possible: the Police Department, Wilma Lake, White-Tail Bikes and the Festival Board Members.

PUBLIC HEARING-EVANSDALE PERMIT PARKING



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 1511.01(a) FIRE CODE TRAINING REQUIREMENTS OF MARSHALS:



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 755.02 B&O CODE LICENSING & FEES FOR RETAIL LIQUOR OUTLETS:



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-APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY CODE:



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 AMENDING THE EVANSDALE PERMIT PARKING DISTRICT: The following entitled ordinance was presented for second 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 changing the time from 3 p.m. to 10 p.m.

Motion died for lack of second.



Motion by Miller, second by Justice to adopt the above entitled Ordinance. Motion carried 6-1(Councilor Bloom Voted No).



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING 1511.01(a) FIRE CODE TRAINING REQUIREMENTS OF MARSHALS: The following entitled ordinance was presented for second 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 Salucci, second by McClain to adopt the above entitled Ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE AMENDING 755.02 B&O CODE LICENSING & FEES FOR RETAIL LIQUOR OUTLETS: The following entitled ordinance was presented for second 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.



After discussion, motion by Salucci, second by Byrne to adopt the above entitled Ordinance. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF SECOND READING OF AN ORDINANCE APPROVING THE CURRENT REPLACEMENT PAGES TO THE CITY CODE: The following entitled ordinance was presented for second reading:



AN ORDINANCE TO APPROVE CURRENT REPLACEMENT PAGES TO THE

CITY CODE.



After discussion, motion by Miller, second by Bloom to adopt the above entitled Ordinance. Motion carried 7-0.



BOARDS AND COMMISSIONS:



City Clerk reported that the interviews for the vacancy on the BZA will be on September 5th, 2000, before the Regular Meeting.



PUBLIC PORTION:



Florence Merow mentioned that Sheila Saab and Ed Lewis also helped with the raffle for Frank Fidazzo's family.



Sam Nadler, WVU Employee and Resident of the Community, brought to Council's attention that in 1986, WVU was a plaintiff in a lawsuit won against manufacturers, Civil Action 86-C-458, State of West Virginia v. AAER Sprayed Insulations. Mr. Nadler asked Council to inform the public of the asbestos issue at WVU.



Frank Ferrell, 26 Outlook Street, commented he was pleased to see the painting of yellow lines on many of the streets in Morgantown. Mr. Ferrell was also pleased that the City Manager filed a petition in Circuit Court in reference to the Hotel Clarion Sign. Mr. Ferrell also agreed with the City Manager that the BZA for the most part does an excellent job for the City of Morgantown. Mr. Ferrell mentioned that around 3-4 a.m. in the mornings that there seems to be a lot of loud stereos being played and it is rather noisy, possibly the Police Department could check into this. Mr. Ferrell lastly commented that he was glad to see an ordinance pass giving citations to those that set couches on fire.



SPECIAL COMMITTEE REPORTS:



Councilor Justice informed Council that the next meeting of the Solid Waste Task Force will be on August 30, 2000, at 8:00 a.m. in the Public Safety Building.



NEW BUSINESS:



CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICABLE DOCUMENTS FOR APPLICATION TO THE WEST VIRGINIA DEVELOPMENT OFFICE, DEPARTMENT OF FINANCE AND ADMINISTRATION, BY AND ON BEHALF OF THE CITY OF MORGANTOWN AND BARTLETT HOUSE, INC: The above entitled Resolution was presented for Council's approval:



After discussion, motion by Byrne, second by Miller to adopt the above entitled Resolution. Motion carried 7-0.



CONSIDERATION OF APPROVAL OF A RESOLUTION THAT THE CITY OF MORGANTOWN HEREBY SUPPORTS AND AGREES TO PREPARE AND SUBMIT THE GRANT APPLICATION FOR THE GOVERNOR'S COMMUNITY PARTNERSHIP FUND AND TO ADMINISTER IT IF APPROVED ON BEHALF OF THE WEST VIRGINIA BOTANIC GARDEN: The above entitled Resolution was presented for Council's approval:

Motion by Salucci, second by McClain to adopt the above entitled Resolution. Motion carried 7-0.



CITY MANAGER'S REPORT:



INFORMATION:



ITEM NO. 1:



Council may have noted the significant amount of yellow curb that has been put in place

this summer. The reason for this is that last year you budgeted funds for a new paint machine and authorized an additional weed crew to clear right of ways. As a result of these actions, this summer the City has painted 70,000 ft of curb (13.3 miles) - - more than has been painted in the past 2 years combined. For this dramatic improvement in productivity Council is to be commended along with the work crews of the Public Works Department.





ITEM NO. 2:



Over the past several years Council has noted the progressive improvements in the City's Workers Compensation ratings. Just recently the City has been notified that its rating has been further advanced from .6 to .5 (you may recall 1.0 is the average rating for WV Cities). As a result of this, there will be a savings of approximately $63,000 in this fiscal year's Workers Compensation premiums paid to the State. This rating speaks directly to the quality of the City's work force and their mature, responsible, professional work ethic.



ITEM NO. 3:



As per State Law, I am very pleased to appoint Mr. James A. (Rocky) Gianola to the Fire Civil Service Commission. Mr. Gianola is a local attorney with Gianola, Barnum & Wigal, LLC and I am confident that he will serve the City very well as a new Commissioner.



NEW BUSINESS:



ITEM NO. 1:



Attached you will find a memo from the Finance Officer outlining the audit schedule for fiscal year 1999-2000 and a recommendation that Tetrick & Bartlett, PLLC perform the work. I very much agree with the points she has made and endorse the recommendation.



Motion by Justice, second by Miller to approve Tetrick & Bartlett, PLLC to perform the audit for the fiscal year 1999-2000. Motion carried 7-0.



ITEM NO. 2:



Police Chief Lucci called me today to say that it is time to retire "Bear," the police canine, who has been assigned to Lt. Nabors for several years. The Chief would like to make the retirement effective September 1st and sell "Bear" to Lt. Nabors for $1.00. The City made a similar sale to a canine officer in 1992 and I have used that sales agreement as a model in preparing the current agreement. In 1992 the City Manager took the proposed agreement to City Council for approval, which was done by motion and vote. I concur with this decision and suggest that Council approve "Bear" being sold to Lt. Nabors.



Motion by Salucci, second by Bloom to approve selling "Bear" the police canine to Lt. Nabors. Motion carried 7-0.



CITY CLERK'S REPORT:

No report.



STAFF ATTORNEY'S REPORT:



No report.



REPORT FROM COUNCIL MEMBERS:



Councilor Salucci: Councilor Salucci complimented Councilor Justice on

how nice the Jerry West Dedication was and remarked that West Virginia University should name a building after him also.



Councilor Bloom: Councilor Bloom congratulated Jeff Jenkins and

wished him good luck and appreciated his honesty and integrity when reporting for the City of Morgantown. Councilor Bloom mentioned that right across the street from City Hall there is a hole in the road. If you are in that lane and you tried to miss the hole - there could be an accident, and requested that the hole be patched. Councilor Bloom also asked the City Manager to check the status of the City's Commercial Insurance Carrier.



Councilor Miller: Councilor Miller commended the Deputy Mayor on

his efforts in working on the Jerry West Dedication.

Councilor Miller also mentioned that Delegate Marshall is representing West Virginia at the Democratic Convention. Councilor Miller also reported that Rev. Summers of the St. Paul AME Church passed on and he will be missed for he has been a part of this community for 11 years.



Councilor Justice: Councilor Justice appreciated everyone's kind words

but then thanked the City Employees: City Clerk, Jeff Mikorski, Tom Arnold, Jeff Berryman, Dave Bruffy, Bill Rumble, and Maggie Field for working very hard in the taping of the Jerry West Dedication. This is just another true example of how the City Employees pull together to make things happen. Councilor Justice informed Council that a friend who is attending the Democratic Convention in Los Angeles saw a news clip on the news of the Jerry West Dedication in West Virginia.



Mayor Scafella apologized he could not attend the ceremony due to another commitment and thanked him for his hard work on the Jerry West Dedication.

Councilor Justice reported that the Sabraton WWII survivors dedication will be on September 30, 2000, at 2:00 p.m. Councilor Justice also thanked Jeff Jenkins for his hard work and professionalism and that he always has the best interests of the City at heart.



Councilor Byrne: Councilor Byrne echoed the comments on Ron and the dedication. He also could not attend but heard glowing reports of the dedication. Councilor Byrne then mentioned the Habitat for Humanity Building on Faith Week, September 10-17, 2000, and anyone that wants to join with the members of the community to build homes can call Habitat for Humanity at 292-0914. The work site is at 1252 Richwood Avenue, and a Potluck Dinner will be held at Wesley Methodist Church on Sunday the 10th at 6:00 p.m.



Councilor McClain: Councilor McClain asked the City Manager about Item #3 of the City Manager's report on the Fire Civil

Service Commission appointments. Who are the appointments for the Chamber, City and Fire Union? City Manager responded that Chilton Wise is the Chamber Appointment, Rocky Gianola is the City Appointment, and the Fire Union has not selected anyone as of yet.



Councilor McClain then asked that of the July 13th

donations that were presented for Council's budget review- of that list: will the City be getting emergency services equipment; does that mean the city will be getting first aid units and that a water rescue unit will be purchased?



City Manager Dan Boroff responded by saying yes.



Mayor Scafella: Mayor Scafella commented that on the corner of Campus Drive and Beechurst Avenue a house owned by Pearand Realty is being landscaped extensively and it makes a huge difference with parents coming into town with their children . He thanked Pearand for undertaking that project in making our City look better. Mayor Scafella mentioned a letter he received from Congressman Mollohan informing the City that his staff is working with John Martys from the Morgantown Housing Authority on the City's Housing Funding request and will continue to work on this and will let the City know as soon as a funding source is found.



ADJOURNMENT: There being no further business the meeting adjourned at 8:20 p.m.





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City Clerk Mayor