REGULAR MEETING SEPTEMBER 4, 2001:
The regular meeting of the Common Council of the City of Morgantown was held in the Council Chambers on Tuesday, September 4, 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 Frank Salucci, Jim Manilla, Teresa Miller, Ronald Justice, Bill Byrne, Florence Merow.
The meeting was called to order by the Mayor.
APPROVAL OF MINUTES: Minutes from the regular meeting on August 21, 2001, were approved as printed.
CORRESPONDENCE:
Councilor Byrne remarked on a letter from Richard Biafora, Metro Property Management, regarding partying and underage drinking, and the City Manager's letter of reply. (Letter attached for record by request of Councilor Byrne).
Mayor Scafella mentioned a thank you letter from Meghan King Johnson, Arts Monongahela.
Mayor Scafella read a letter from Barton Loar regarding the Beechurst sidewalk project.
PUBLIC HEARING-OVERHANGING CABLE ABOVE AND ACROSS HIGH STREET:
Pursuant to a legal notice appearing in the Dominion Post, Mayor Scafella called for a public hearing on the above referenced Ordinance.
City Manager, Dan Boroff, pulled the ordinance from the agenda for the County Commission withdrew their request.
There being no more appearances or objections, Mayor Scafella declared this hearing closed.
PUBLIC HEARING-AMENDING ARTICLE 1139.111 BY ADDING HIGHLAND AVENUE TO DAILY PICKUP:
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 AUTHORIZING AN OVERHANGING CABLE ABOVE AND ACROSS HIGH STREET: The following entitled ordinance was presented for second reading:
AN ORDINANCE AUTHORIZING THE MONONGALIA COUNTY COMMISSION TO PLACE, THROUGH A CONTRACTED VENDOR, AN OVERHANGING CABLE ABOVE AND ACROSS HIGH STREET AND CHANCERY ROW.
The Monongalia County Commission withdrew this request.
AN ORDINANCE AMENDING ARTICLE 1139.111 BY ADDING HIGHLAND AVENUE TO DAILY PICKUP: The following entitled ordinance was presented for second reading:
AN ORDINANCE AMENDING ARTICLE 1139.111 OF THE HEALTH AND SANITATION CODE OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO CERTAIN DESIGNATED DISTRICTS REQUIRING DAILY PICKUP AND APPLICABLE SERVICE FEE RATES, BY ADDING A PORTION OF HIGHLAND AVENUE FROM RAYMOND STREET TO STEWART STREET.
After discussion, motion by Miller, second by Merow, to adopt the above entitled ordinance. Motion carried 7-0.
PUBLIC PORTION:
Cindy Frich, 1228 Bakers Ridge Road, spoke on the three minute rule and the Mason/Dixon Festival.
Christy Shaffer, BOG liasion, requested that City Council put a sidewalk on Falling Run Road for safety.
SPECIAL COMMITTEE REPORTS:
Mayor Scafella reported that the temporary transportation committee meeting had been postponed.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AUTHORIZING THE TERMINATION OF AN AGREEMENT WITH INTERSPACE ADVERTISING AT THE MORGANTOWN AIRPORT: The below entitled ordinance was presented for first reading:
AN ORDINANCE AUTHORIZING THE TERMINATION OF A CONCESSION (ADVERTISING) AGREEMENT BY AND BETWEEN THE CITY OF MORGANTOWN AND INTERSPACE AIRPORT ADVERTISING, AT THE MORGANTOWN MUNICIPAL AIRPORT.
Motion by Salucci, second by Justice, to approve the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE AMENDING ZONING SECTION 19(E)(5) AS REGARDS TO FAMILY DAY CARE CENTERS: The below entitled ordinance was presented for first reading:
AN ORDINANCE AMENDING SECTION (E)(5) OF THE ZONING ORDINANCE OF THE CITY OF MORGANTOWN AS THE SAME APPLIES TO HOME OCCUPATION FAMILY DAY CARE CENTERS; WHICH WOULD ALLOW ONE NON-RESIDENT OF THE HOUSEHOLD TO BE EMPLOYED ONSITE TO SUPERVISE CHILDREN.
Motion by Merow, second by Miller, to approve the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF FIRST READING OF AN ORDINANCE REZONING A PARCEL OF REAL ESTATE IN THE SEVENTH WARD FROM (R-1) SINGLE FAMILY RESIDENCE TO (B-1) BUSINESS DISTRICT CLASSIFICATION BY AMENDING SECTION 13: The below entitled ordinance was presented for first reading:
AN ORDINANCE REZONING A PARCEL OF REAL ESTATE IN THE SEVENTH WARD OF THE CITY OF MORGANTOWN FROM (R-1) SINGLE FAMILY RESIDENCE TO (B-1) 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 Merow, second by Miler to approve the above entitled ordinance. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION REQUIRING QUALIFIED DOMESTIC RELATIONS ORDERS BE PRESENTED TO THE BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT AND BENEFIT FUND: The above entitled resolution was presented for Council's approval:
Motion by Byrne, second by Merow, to approve the above entitled resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION ADOPTING GUIDELINES FOR ALTERNATE PAYEES FOR THE EMPLOYEES' RETIREMENT AND BENEFIT FUND: The above entitled resolution was presented for Council's approval:
Motion by Miller, second by Merow, to approve the above entitled resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION AMENDING RULES APPLICABLE TO THE PUBLIC PORTION OF REGULAR COUNCIL MEETINGS: The above entitled resolution was presented for Council's approval:
Motion by Merow, second by Miller, to amend the above entitled resolution. Motion was withdrawn by Merow.
Motion by Merow, second by Miller, to approve the above entitled resolution. Motion carried 7-0.
CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF HIGHWAYS TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF UNIVERSITY AVENUE AND FOUNDRY STREET: The above entitled resolution was presented for Council's approval:
After discussion, motion by Byrne, second by Miller, to approve the above entitled resolution. Motion carried 6-1. (Manilla voted No).
CITY MANAGER'S REPORT:
INFORMATION:
ITEM NO. 1:
$1,000,000,000 - - For the first time in the City's history, the private, for profit sector has produced a 1 Billion Dollar per year economy within the City limits of Morgantown [based upon the past 4 quarters of B & O Tax Reports]. SPECIAL NOTE: This number does not include direct economic activity of West Virginia University, WVU Hospitals, and non profit organizations in the City.
ITEM NO. 2:
The Wharf Street Parking/Sidewalk/Lighting Project is scheduled to start September 4, 2001. The $107,000 improvement should be completed in 30 days.
ITEM NO. 3:
As per your direction, a proposed, local, enhanced exterior maintenance code will be presented at the September, 2001, Committee of the Whole Meeting. With your concurrence and/or modification, it will then be forwarded to the State Fire Marshall. With the approval of that office, Council may then adopt the ordinance. If this strategy should fail, then the City will ask State legislators to amend State law to allow this initiative.
NEW BUSINESS:
ITEM NO. 1:
Based upon information reviewed at the August Committee of the Whole, I recommend that $30,000 from the Capital Escrow Account be granted to BOPARC to acquire property adjacent to Krepps Park [materials attached].
After discussion, motion by Justice, second by Merow, to grant BOPARC $30,000 to acquire property. Motion carried 7-0.
ITEM NO. 2:
The second attachment reports bid results for the Public Works Salt Storage Building. I concur with the Director's comments and recommend that the contract be awarded to the low bidder Davis and Sons General Contracting, Inc. for $133,390.
SPECIAL NOTE: $100,000 was budgeted for this project. The $33,390 balance and the BOPARC Project above will reduce the Capital Escrow Contingency account to $148,749.
Motion by Byrne, second by Merow, to award the Salt Storage Building contract to Davis and Sons for $133, 390. Motion carried 7-0.
ITEM NO. 3:
The last attachment reports bid results for Rail Trails improvements and Marilla Park Crosswalks. As with the proceeding item, I agree with the Public Works Director's comments and recommend that the contract be awarded to the low bidder Ryan Environmental for $269,360.56 and the noted informalities waived.
Motion by Salucci, second by Manilla, to award the contract to Ryan Environmental for $269,360.56. Motion carried 7-0.
CITY CLERK'S REPORT:
The City Clerk reminded everyone of the United Way Hot Dog Sale.
STAFF ATTORNEY'S REPORT:
No report.
EXECUTIVE SESSION: Councilor Salucci motioned to go into Executive Session, second by Justice pursuant to Section 6-9A-4 of the West Virginia Code in order to discuss personnel matters with the following persons present: City Council only. Time 8:15 p.m.
REGULAR SESSION:
Council by unanimous consent went back into Regular Session at 8:25 p.m.
REPORT FROM COUNCIL MEMBERS (reverse order):
Councilor Merow: Councilor Merow spoke of all the events to take place at the Mason/Dixon Festival.
Councilor Byrne: Councilor Byrne commended Councilor Merow for the success of the Mason/Dixon Festival. Councilor Byrne reported on the status of the joint WVU and City housing study and noted that a contract has been let to RKG Associates for a study addressing the unique character of the housing in the City. Councilor Byrne commented on dilapidated housing and population statistics.
Councilor Justice: Councilor Justice requested that Willowdale Road be pulled from the Traffic Commission agenda and put on COW.
City Manager Boroff responded that the Public Works Director's recommendations will be coming directly to Council.
Councilor Miller: Councilor Miller echoed Christie Shaffer's safety concerns and the need for a sidewalk on Falling Run Road.
Councilor Manilla: Councilor Manilla has already suggested to the City Manager that a consultant be hired for pedestrian friendly crosswalks.
Councilor Salucci: Councilor Salucci commented on population statistics and dilapidated housing. Councilor Salucci resigned and suggested that Bob Losh or Ron Bane be appointed in his place.
Mayor Scafella: Mayor Scafella read an August, 1985, editorial about a statement by John Miller, Council member at that time and commented on the editorial.
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ADJOURNMENT: There being no further business the meeting adjourned by unanimous consent at 8:50 p.m.
_____________________________ ___________________________
City Clerk Mayor
*A FULL TRANSCRIPT OF ALL COUNCIL MEETINGS ARE AVAILABLE ON CD AT THE MORGANTOWN CITY LIBRARY.