WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MONDAY, JANUARY 12, 2009 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, January 12, 2009 at 7:00 P.M. in Council Chambers of the Weirton City Building.
Mayor Harris called the meeting to order.
Councilmembers in Attendance: George Ash Councilmember Ward 4 Ronnie Jones Councilmember Ward 1 Fred Marsh Councilmember Ward 3 Harold Miller Councilmember Ward 2 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Director Gary DuFour City Manager Rick Grishkevich Weirton Police Department Vincent Gurrera City Attorney David Lashhorn Fire Chief Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Bruce Marshall Police Chief Rik Rekowski Library Director John Serafini Code Official Debbie Swanson Finance Director Terry Weigel Parks and Recreation Director
Mayor Harris led everyone in reciting the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Jones to approve the minutes of the: December 8, 2008 – Regular Council MeetingThe motion carried by majority, 6/0 with Councilmember Fijewski abstaining.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris stated that he wanted to present some plaques. City council wanted to do something differently by giving out plaques to high schools where kids and coaches have done something great for football and soccer teams. The plaques can be hung up in the school where the kids can see their names. First was Madonna high school. Mayor requested that coaches and players come forward to receive their award. The Madonna football team was recognized for participating in the 2008 Class A finals. The mayor asked for any comments and the coach thanked council and the mayor, stating they (the team) try to do their best for their community. Mayor Harris then requested the Weir High football team’s coaches and players to step forward. The mayor issued his congratulations to the team. APPLAUSE The Mayor thanked the team for bringing honor and distinction to the community for being in the 2008 Class AA WV state playoffs. The coach then thanked the soccer team, boys and girls, as well as coach Kramer (Madonna’s Head Football Coach). APPLAUSE The Mayor then called forward the Weir High Boys Soccer Team and congratulated them for being the 2008 sectional champs, regional champs, and advancement to the state finals. The coach then thanked the city of Weirton for all of their support, and stated a lot of recognition was brought back to the city of Weirton. APPLAUSE The Mayor then called forward the Weir High girls soccer team and congratulated them for being 2008 city champs, sectional champs, regional champs, and West Virginia state runner up. The coach stated it was very nice to drive down Pennsylvania Ave. and see all of the marquis sigs supporting the teams. APPLAUSE
COMMUNICATIONS
Chief Marshall was called forward and made aware of the phone calls received regarding the gratitude of the people of Palomino Drive for making the drug bust. It was also stated to council that the money put into the police department is well spent. Additionally Vincent Gurrera commented, “All landlords who own any property in Ward 4 the registration period is due and that the city is going to start checking on these registrations and force accordance with that ordinance. This is a polite reminder to people to follow the law.” The Next regular council meeting will be held sometime in early February. The city will be holding the auction of vehicles and other materials and equipment not needed by the city. “If you’re shopping for a used car, the police department has a bunch brought in from folks they have had to arrest, as well as other city equipment/vehicles. It will be held on February 4 at the Public Works Garage on Tell St. You can examine the items at 9:00 a.m. and the auction will commence at 10:00 a.m.”
CITIZEN COMMENTS
Ms. Sharon Neely, Weirton Woman’s Club Re: Property on Marland Heights
The woman’s club has been working with Councilmember Kondik regarding some of the property left to the ladies years ago and want to do a beautification project. Ms. Neely stated that they have the approval of the Woman’s club to go ahead with project. The Mayor thanked Ms. Neely for her offering. The property was sold to the club in 1939. Ms. Neely stated that the property was left in an estate and that they could not sell it. The Mayor stated that city is bearing all costs in association with recording it, preparing the deed, etc. Council also stated that they weren’t expecting the entire property, they were only asking for a small parcel in front of the house and this property butts to Marland Heights Park and some day they may have an amphitheater, sled riding slope, or something along those lines.
Mr. Ralph Barone Re: Post Office Closing; Ward 5, 4, 1
Mr. Barone stated that he has been opposed to the Cove Post Office closing for the past three months and would like to get the city involved. Mr. Barone commented that he is paying the same amount for owning a box on Cove Road that is being paid for owning a box on Weirton Heights, and that location is opened 24 hours. Now the Cove Road location is closed between 1:00 and 2:00, and anyone wishing to access their boxes between that time from Downtown, Marland Heights, Weircrest, “they’re out.” Mr. Barone stated that he wrote a letter to Congressman Mollohan stating the postal department is monitoring the situation and the lobby is open. Mr. Barone wanted to ask the city to write a letter to the Congressmen and Senators, believing that downtown is a viable business organization (Downtown Weirton Association). Mr. Barone stated that this situation is not helping the business community in the downtown location. The Mayor then asked Mr. Barone to whom he was directing his letters, and Mr. Barone stated “Strictly to Mollohan”. The Mayor asked Mr. Barone to get a letter together as well as signatures of other box owners and that it would be sent to Congressman Mollohan on behalf of the City of Weirton.
OLD BUSINESS
Ordinance No. 1619 (Second Reading) Amending Article 12, Supplementary Regulations of the Unified Development Ordinance as recommended by the Weirton Planning Commission in regards to grading and fill permits. Motion was made by Councilmember Marsh, second by Councilmember Jones.
The Mayor commented that those who have homes next to you and ten years are given to fill that piece of property, it is an eyesore. “This is one of the things the city and council are looking out for”, the Mayor stated. The mayor also stated that they could not allow homeowners beside a citizen’s property to keep filling their land.
The motion carried by majority, 6/1, with Councilmember Ash voting no.
NEW BUSINESS
Ordinance to establish residential permit parking only on the west side of the 3000 block of Elm Street between its intersection with Taylor Avenue and its intersection with Virginia Avenue. (Councilman Ash) Motion was made by Councilman Ash, second by Councilman Jones. The motion carried by majority 7/0.
Ordinance authorizing the acceptance of land from the Weirton’s Weirton Club and Holliday’s Cove, a corporation. Motion was made by Councilman Kondik, second by Councilman Ash. Councilman Kondik commented that this would cost the city nothing to acquire all the land from Marland Heights Road to the bird sanctuary, and this acquisition is covered under the current insurance.
The motion carried the majority 7/0.
Resolution to authorize payment for changes to the City of Weirton 2008 Paving Contract. ($1,027,090.00-Carl Kelly Paving). (City Manager) Motion was made by Councilman Ash, second by Councilman Jones.
Council established a contingency fund because of under bidding for the amount of $60,000. $33,000 of city funds were used and expended without the review and approval of City Council. The only person that asked for additional moneys from the contingency fund was Councilman Kondik. Councilman Kondik stated that he had no problem with the $15,000 coming out his 2009 (unintelligible) “budget”. It was stated that Councilman Kondik shouldn’t be punished for following correct protocol while others spent the $33,000. The Mayor stated that the City Manager, once informed of the issue, took action regarding this matter. The motion carried the majority 7/0.
Resolution to authorize the City Manager to accept a West Virginia Governor’ Highway Safety Program Grant to be utilized for a sustained DUI enforcement/speed reduction project for the Weirton Police Department. (City Manager) Motion was made by Councilman Ash, second by Councilman Marsh. The motion carried the majority 7/0.
Resolution to authorize the City Manager to accept a West Virginia Governor’s Highway Safety Program Grant to be utilized for the purchase of four (4) RADAR units for the Weirton Police Department. (City Manager) Motion was made by Councilman Ash, second by Councilman Marsh. The motion carried the majority 7/0.
Resolution to authorize the application and acceptance for West Virginia Community Participation Program funding for the Weirton Beautification Project. ($5,000.00) Motion was made by Councilman Ash, second by Councilman Dalrymple. The motion carried the majority 7/0.
Resolution to authorize the application and acceptance for West Virginia Community Participation Program funding for a Portable Skate Park for the City of Weirton. ($19,000.00) Motion was made by Councilman Ash, second by Councilman Marsh
The Mayor commented he would like to thank Senator Bowman for the digest money of $19,000. “We have actually raised a little over $20,000 in funds for the skate park too for different things that were put on.” The park may possibly be by the baseball field and costs will be ascertained from the insurance company to let the city know our liability. The motion carried the majority 7/0.
Resolution to authorize the application and acceptance for West Virginia Community Participation Program funding for the Downtown Weirton Business and Civic Association in the City of Weirton for new street signs. ($5,000.00) Motion was made by Councilman Ash, second by Councilman Miller. The majority carried 7/0.
Resolution to authorize the application and acceptance for West Virginia Community Participation Program funding for the Thomas E. Millsop Community Center. ($35,000.00) Motion was made by Councilman Ash, second by Councilman Jones. The motion carried the majority 7/0.
Resolution to authorize the application and acceptance of West Virginia Legislative Digest for the Hall of Fame Project in the City of Weirton. ($10,000.00) Motion was made by Councilman Fijewski, second by Councilman Kondik.
Hall of fame committee is in the final stages of selecting Hall of Fame inductee group. The information will be brought to executive committee sometime in February. Senator Bowman was petitioned for assistance with funds in helping complete their work. The motion carried the majority 7/0.
Resolution to enter into contract of auditing services for the fiscal year ending June 30, 2008. (Ware and Hall, PLLC, Huntington, WV) ($36,725) A discussion was brought forth in the finance committee regarding the increase in this year’s amount versus last year’s amount of $28,000, which was an increase from the year before. Three firms were possibly interested in making a bid. One did not respond, one sent a bid back stating they were too busy, and the third (Ware and Hall) was the loan bidder out of the authorized list. Motion made by Councilman Marsh, second by Councilman Ash. The motion carried the majority 7/0.
Resolution to enter into contract for GASB 34 accounting services. (Bodkin, Wilson & Kozicki, PLLC, Weirton, WV) ($20,000) Motion made by Councilman Ash, second by Councilman Marsh. The motion carried the majority 7/0.
Ordinance to establish a no parking zone around the dead end area at the west end of the 100 block of Franklin Street. Motion made by Councilman Jones, second by Councilman Ash The motion carried the majority 7/0.
Ordinance to establish a dedicated residential disability parking space in front of 553 North 10th Street for Ann M. Wargacki. A motion was made for an emergency reading regarding this matter due to the fact it was a disability parking space. This motion required a 7/0 vote which all council agreed upon. Motion made by Councilman Jones, second by Councilman Fijewski. The motion carried the majority 7/0.
Ordinance to establish one way only on Inez Street from North 10th Street to North 12th Street. It was stated that a considerable amount of money had been put into paving and other restorations to the street and the street is not wide enough to get two vehicles through. Motion made by Councilman Jones, Second by Councilman Ash. The motion carried the majority 7/0.
Ordinance to establish a no parking zone around the cul-de-sac at the south end of Alden Street. Motion for emergency meeting regarding this issue was passed, Motion made by Councilman Fijewski, second by Councilman Ash. The motion carried the majority 7/0.
APPONTMENTS TO VARIOUS BOARDS AND COMMISSIONS
ADMINISTRATIVE REPORTS
FIRE DEPARTMENT – Chief Lashhorn commented, “Nothing additional to report.”
PARK BOARD – Mr. Weigel commented, “I wanted to thank all local businesses who contributed to the Christmas tree decorating contest and the local service organizations that did all the trees.” The overwhelming response made this extremely successful. Mr. Weigel was then asked for an update regarding the remodeling up front (of the community center). Mr. Weigel commented, “The weather has slowed things considerably down, but it’s not actually stopped things. Caulking has to be done that is weather dependent so they can’t do that. The interior sets of doors have been replaced and they are working to replace the exterior set of doors.” The windows will be the next project. The sign boards are waiting to be installed due to the fact that 24 hours of above 30 degree temperature is needed for the coating. Mr. Weigel then proceeded to thank Mr. John Brown and the city electricians for all their work. In regards to the cleaning of the war memorial monument, Mr. Weigel commented that he had talked with Angelina Stone and that they would clean and polish the monument at no additional charges. PUBLIC WORKS – Mr. Brown commented, “I had presented to the City Attorney some changes in the contract for upcoming year on milling and paving.” Mr. Brown stated that was a clause for damages in the amount of $250 a day. The old clause was $50 a day. The Mayor asked Mr. Brown to look into reducing the 20% bond to a 10% bond. Mr. Brown stated that “Tomorrow is the first official day to pick up Christmas trees.” Mr. Brown was praised for his and his staff’s efforts in regards to little or no citizen complaints about the roadway conditions. The Mayor stated that the implementation of brine being used to treat the roads was “A great idea.” CODE ENFORCEMENT - Mr. Serafini commented, “Nothing to report.” Council stated that they would like to move back the planning commissions meeting (back by one week) so that they are able to hear and vote upon council’s agendas in a more timely fashion. Mr. Serafini stated that he would review the timeline guidelines with Mr. Rosnick and report back to council.
POLICE DEPARTMENT – Chief Marshall was asked to speak briefly regarding Megan’s Law, the safety and security of the community, and the issues of seat belts on busses. Chief Marshall stated that Megan’s law was enacted in 1996 and that there are two main components to this law. First, a sexual offender has to report to the state his whereabouts and general information. Second, the state has to make it available to the general public where the individuals live and work. Chief Marshall stated that the Amber alert came in to effect so that if a child 17 or under were to be kidnapped in a life threatening situation, the police would notify dispatch as well as the state police. The state police would enact the Amber alert which would put it out on television and radio. Chief Marshall stated he agreed with council in the idea that children need to be restrained by seatbelts while riding busses. He went on to say that the theory behind not having seatbelts is that if the driver were to become incapacitated, he or she would be unable to get the children out of the seatbelts. The Weirton Police Department has monthly trainings regarding any possible scenario regarding the safety of the community’s children. The chief has not received any information regarding the P.R.O. funding. Chief Marshall stated that there were 24 sex offenders that were unaccounted for in the state of West Virginia.
LIBRARY- Mr. Rekowski commented, “We are currently finishing up our door project. It is fully operational. Plastering and painting still needs completed, painting around the door and the door surface. The pads are working and the public is making use of it.”
WATER & SEWAGE – Mr. Mastrantoni was asked by Council what is the ditch along S. 11th Street across from the Rider Mart. Mr. Mastrantoni stated that was public works project in progress. He went on to say they (water and sewage) thought at one time there was a water line break, but definitive testing could not be acquired. Exploratory digging was done, and it was determined by Public Works that the trench line would be left open so that the ground water wouldn’t seep on to 11th Street and create an ice hazard. The problem ultimately is a result of some surface run-off and would be rectified sometime in the spring. It was also determined that this was not city water, and not a leak from a direct line. Laboratory tests as well as exploratory tests could not detect any indicators this was the result from a line break, and therefore determined to be a ground source. Council then went on to inquire if this could be “gray water” and was informed that no reaction with fecal substance was identified, and that they could “rule out” the possibility of that scenario. Mr. Mastrantoni commented that the leak appears to become an issue a few days after a rain event, so they therefore believe it is associated with some type of spring. Mr. Mastrantoni stated that he was working in conjunction with the Public Works department to dig a trough to channel the water to a receiving catch basin in order to keep the water off of the shoulder of the road.
TREASURER’S REPORT-
Debbie Swanson provided the treasurer’s report for December 01, 2008
Beginning Cash Balance: 560, 450.76 No Voided Checks Interest: 222.12 Deposits: 1,265,122.83 No Draw Downs from Investments Disbursements: (1,675,406.18) No Deposits to investments Ending Cash Balance: 150,389.53 Beginning investment Balance: 2,379,686.01 No deposits/withdraws leaving the same ending balance Petty Cash Fund: 800.00 Total Cash and Investments Available: 2,530,875.54
Ms. Swanson stated they had one bill for council approval for $1,986.12
The Mayor made a motion to approve administrative reports, various departments, and pay any unpaid bills. The motion carried by majority, 7/0.
The Mayor then requested a motion to go in to executive session to discuss Baron vs. Weirton, to discuss litigation and personal matters of city employees. The motion carried by majority, 7/0.
The Mayor then made a motion to request to come out of executive session. The motion carried by majority, 7/0.
The Mayor announced a Special Council Meeting for January 16, 2009 at 9:00 a.m.
ADJOURNMENT
With no further business before this January 12, 2009 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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