WEIRTON CITY COUNCIL

COUNCIL MEETING - REGULAR

MONDAY, FEBRUARY 8, 2010 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, February 8, 2010 at 7:00 P.M. in Council Chambers of the Weirton City Building.

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

Vincent Gurrera City Attorney

Dave Lashhorn Fire Chief

Nicole Davis City Clerk

A.D. Mastrantoni Sanitary/Water

Bruce Marshall Police Chief

Thomas Maher, Jr. Finance Director

Terry Weigel Parks and Recreation Director

Rod Rosnick Inspections

Rik Rekowski Library

Mayor Harris led everyone in reciting the Pledge of Allegiance.

APPROVAL OF MINUTES

A motion was made by Councilman Ash and second by Councilman Kondik to approve the minutes of the:

January 11, 2010 –Regular Council Meeting

The motion carried by majority, 7/0.

A motion was made by Councilman Ash and second by Councilman Kondik to approve the minutes of the:

January 25, 2010 –Special Council Meeting

The motion carried by majority, 7/0

MAYOR’S AWARDS AND PROCLAMATIONS

Mayor Harris stated, “At this time we have the Boy Scout troop 36, Boy Scout Troop 334, and Pack 334 will lead us in the pledge of allegiance.”

Mayor Harris stated, “We have troop 36, 334 and we want to do a proclamation. The boy scouts of America, a volunteer organization, was incorporated by the Chicago publisher William D. Boyce on February 8, 1910. After learning of scouting movement during a business in London. This national youth movement has made serving others through its value based program. The Ohio River valley council of the boy scouts of America, two chief districts, and as many cub scout packs are celebrating its 100 anniversary with the theme “Celebrating the adventure continuing the journey. I hereby proclaim February 8, 2010 as boy scouts of America day.”

Mayor Harris stated, “We have two more awards to give away. Is Ryan Cambell and Ian Cambell here? These two gentlemen, for your quick thinking and bravery, for containing a house fire on December 23, 2009 your quick response to a dangerous situation saved the family’s home. For this brave action you deserve a special recognition and the Mayor’s award.”

Mr. Cambell stated, “The dryer caught fire and we were all upstairs, and I went down and fought it as much as I could and I got everyone out.”

CITIZEN’S REMARKS

Keith Bloom: Project Feed the Needy

Mr. Bloom stated, “Basically what I wanted to do was talk to about our project feed the need. With this project, it’s a non-profit organization. We’re just trying to bring awareness to this community about random things that are going on that people aren’t really aware of. We’re trying to do things. We’re helping out senior citizens, the disabled, mentally challenged, and people that just can’t make ends meet. We are offering services. We give out free food, free product, anything any type of toiletries. People that are on low-income at the end of the month run out of stuff. Their food stamps only allow them to buy food. They don’t have access to products. We’re offering soap powder, soap, scrubbing products, anything that helps them take care of their home and lives. Also we’re offering job referrals. I’m trying to help people get a resume and help get out there and get a job. We know things that are wrong and try to change it.”

Karen Harris:

Ms. Harris stated, “There’s other organizations around that does some of these things, but we are an advocate to get there before you get to some of the other organizations where they don’t feel comfortable. There’s no jobs for the multi-culture community here. We know a Walmart is coming and we want to do job referrals. We want to be a second chance program. The Weirton area community foundation is our fiscal sponsor. This opened up to the public. We have done things behind the scenes for the last 10 years. In the last two years people have really come forward to do this. We are trying to continue to bless the community for free.”

Gloria Burns:

Ms. Burns stated, “I’m here to support this program, and help them in whatever way I can. I’ve been to all different states. If look over in Steubenvile, you see how they’re tearing down the torn up houses and building new places for the people to stay in. I don’t see that in Weirton. We’re getting grants and money from different places, but the homes aren’t even fit to stay in. There is all kind of stuff you can do to help people, and we’re not doing it.”

Minister Terry:

Minister Terry stated, “I see everybody here is well dressed. I don’t think anybody here is hungry. I think everyone is going to go home to a nice comfortable house and have a good night’s rest. Do you have any idea how many people are out in this cold surviving. They’re all around us, especially our veterans. This idea that we’re trying to do here we’re trying to do it from the grass roots up. We need all the help we can get. This community is starving for help. We need each and every one of you to pay attention to what we’re doing. I don’t see any other organizations in this town feeding people, giving them clothes, taking care of them.”

Schiquita Cornwell: Play Space Needed

Ms. Cornwell stated, “I just wanted to let you know that I’m still looking for that outdoor play space, and I do realize there’s a committee for the cove school that meets Wednesday so please keep me in your thoughts.”

Robin Quivers:

Ms. Quivers stated, “As a native of Weirton, West Virginia, I had to leave town in order to get a descent paying job. I left town for over 18 years. I am now back and still don’t work in Weirton. The organization that I am trying to help is well needed in this area. There are a lot of grants out here. We have been helping people all of our lives and expecting nothing in return. People in this area need knowledge. We’re going to be in this community and do what we say we are going to do, and we are pleading for your help. There are grants, there is money.”

COMMUNICATIONS

Councilman Marsh stated,” You should have received in your packets communications from Jimmie Herman. He is quite passionate about the bridge situation, and I expressed to him that I would send that material to everybody. If you guys want to pursue anything with this I am open to hearing that also.”

Councilman Fijewski stated that he had spoken with Mr. Herman.

Councilman Marsh stated, “The other thing I’d like to say has to do with this past weekend. For those of us who have served some time in the military, one of the things we always told you was that perfection was hard to obtain, and I think that’s a good thing for this past weekend. Our crews were out for 24 hours a day. Yea we dropped the ball on some things. We’re out trying to get everything we can get. We really get busted up for dropping the ball on certain things, but let me tell you something. Last night I had to go one of the townships in Allegheny County to get my uncle out of a house that had no heat or electric since Friday. He pays six times the property tax that we pay here. His roads were not touched. Their crews do not work weekends or call outs. I think we’re blessed with the people we have.”

Councilman Fijewski stated, “I would like to echo that. The only thing I’m asking for is some patience on the part of the community. We can’t be everywhere at one time. I know there’s a lot of situations where individual needs may not be taken care of. I think overall I couldn’t say enough good things about the work that was done, and John what you did and thank-you for it. Again I would ask the community at large that there be some patience appreciating the fact that this is the fourth largest snow fall we’ve had in the history of this city.”

Mayor Harris stated, “I got a call from Senator Yost and he wanted to know what the governor could do for us. One of things that I said that was real important was helping us get the snow removed because we have another 48 inches coming, and this snow is piled everywhere and we have no way of getting rid of it at this time. There’s going to be a lot of people snowed in and do the best that you can to dig out but help from the national guard is what I requested. This administration and the last administration has cut, slim downed, tightened everything we could tighten so that we wouldn’t raise any new taxes or fees for individuals so that we can actually put more individuals on so everyone has to be patient. We didn’t want to raise any taxes or fees so we’re running on a very tight budget and we don’t have the workforce we used to have, but we get to your roads sooner than later. ”

Councilman Dalrymple asked Mr. Brown how many trucks were available to be out on the road. Mr. Brown stated there were 9 trucks.

Councilman Dalrymple stated, “You have 9 guys on 12 hour shifts that are covering how many miles of road, 60 miles of road. We don’t cover Pennsylvania Ave, Culler Road, any of the state roads. It’s up to the state to maintain the main arteries of the city. I just wanted to make sure that it was understood that there is only 9 guys covering the whole city, all the allies and the side streets, and break downs to occur because they’ve happened from time to time. Our guys are fixing these machines on the fly and still keeping them out there and getting this done. Two councilmen brought the idea up about being patient, and I agree whole-heartedly. Most of the people in the community have been very patient with what we dealt with and what we are going to deal with, and I just want to emphasize that they continue to do so because 9 people doing the work that they are doing and the job that they are doing, which I don’t think they dropped the ball. We have missed a few things here or there, but there were no balls dropped because they actually went back and took care of every problem that we had. These guys are away from their families for 12 hours riding around on dangerous streets, dealing with people who want to leave their vehicles or the road, who want to give them a hard time about that kind of thing. I’m proud to say that I’ve been associated with these people, and I’m proud of the work they do to make this community safe.”

Mr. Dufour stated, “I also want to extend this to the work done by the police department, they transported medical emergency workers and helped keep the hospitals staffed. Also the fire department who did a great deal of similar work as well the first responder calls. We back the ambulance squad where vehicles were stuck and plowed them out and got them moving. We also got good response from the park board working the red cross and making a warm place at the center where people could go for both warmth and food and social purposes. I don’t want to beat this in to the ground but please do not shovel your snow into the streets whether it be commercial or residential, this is a burden on your neighbors and you ultimately when you go to use the city streets, and we’re hoping for a federal declaration that will help reimburse some of these costs.”

Councilman Miller stated, “I think they did do a good job on the snow storm, but I do have one disappointment. I was highly disappointed in the Hancock County superintendent’s decision not to allow the schools early dismissal. I know myself at 4:00 in the afternoon, I saw school buses out in the storm and I think we dodged a real bullet not having children hurt or left out in the cold somewhere. Every school in the tri-state area was let an early dismissal except Hancock County. They’ll close the school if it’s 1 degree out or think it’s going to snow, and then we actually had a storm coming that they knew about for 3 days I am really personally disappointed in the superintendent’s decision not having an early dismissal. Other than that I think everyone did a great job. All emergency and street crews did an excellent job.”

OLD BUSINESS

Ordinance No. 1669 amending Article 9; Table 1 permitted land use table of the unified development as recommended by the Weirton Planning Commission in regards to assisted living facility in R-2 zoned districts.

A motion was called for by Mayor Harris.

The ordinance died for lack of motion.

Ordinance No. 1670 the City of Weirton Addressing Ordinance. (City Manager)

Motion was made by Councilman Fijewski, second by Councilman Ash.

The motion passed by majority, 7/0.

NEW BUSINESS

Resolution to enter into supplemental agreement #1 with the West Virginia Department of Transportation Division of Highways to include improvements to Three Springs Drive as part of transportation enhancement program project for Penco Road. (City Manager)

Motion was made by Councilman Marsh, second by Councilman Ash.

The motion passed by majority, 7/0.

Resolution to enter into contract for property and liability insurance coverage for the City of Weirton.

Motion was made by Councilman Ash, second by Councilman Marsh.

The motion passed by majority, 7/0.

Ordinance updating and amending the building code for the City of Weirton.

Motion was made by Councilman Ash, second by Councilman Fijewski.

Councilman Marsh asked Mr. Rosnick is this ordinance was just a language update.

Mr. Rosnick stated this FEMA’s update to flood plane maps.

The motion passed by majority, 7/0.

Resolution to authorize the City Manager to accept a grant through the federal emergency management agency (FEMA) for funding to the Weirton Fire Department. (City Manager)

Motion was made by Councilman Ash, second by Councilman Marsh.

The motion passed by majority, 7/0.

Ordinance requiring 75% of council members to enact rates, fees, and charge adjustments for service provided by Weirton Municipal Waterworks System. (Councilman Fijewski)

Motion was made by Councilman Fijewski, second by Councilman Ash.

Councilman Ash stated, “This is another ordinance that we’re going to be voting on that pertains to the water department, so once again (I know it’s not going to do any good) I would like to ask Mr. Jones to abstain from this since he works for the water department, he’s a council member, and also a water board member so.”

Councilman Kondik stated, “For the last 15 years I’ve always heard the fact that the City of Weirton makes it hard for anyone to do anything as far as start-up businesses and land acquisition and there’s always some problem and find out that’s it a minor detail about something that should be done or something that you have to do. I’m looking at this and I’m puzzled with the fact that we’re going to send out a signal to the people looking at us to maybe buy the bonds for the water department, and I’m not comfortable with it. It’s something that we just don’t need to create. It may set a precedence for something down the road because of something like this, so I have to vote against this.”

Councilman Fijewski stated, “I appreciate what Councilman Kondik is saying, I don’t agree with it but I understand what he’s saying. The language that was adopted in 2001 initiated the 75% requirement so this isn’t anything new in regards to changes within the municipal water works system. That was established in 2001. The precedence of setting the 75% requirement of council votes was established George (Kondik) when you were there and for whatever reason chose to do that to suggest now that this council shouldn’t do it would in fact, you and others, felt that it was necessary I don’t see the validity of that. My purpose of putting this forward is to offer consistency. The current ordinance that was written, we do establish that any changes that are potentially made with the Weirton water works system require 75%. So anything dealing with how we can potentially help to control costs, where money gets spent, or how the costs keep on escalating this council has nothing to do. We have no way of trying to assist. The only area that council ever gets involved in is raising rates. To me it’s just like giving someone my credit card and letting them spend it, and at the end of the month I have to pay for it and I don’t know where it was spent. So this is just to provide consistency at both ends of the spectrum.”

Councilman Kondik stated, “I appreciate what Councilman Fijewski is trying to do, and that’s why the majority of council may not agree with autonomous boards, but I do. We do have the mayor there and we do have a councilperson. The water board being autonomous I feel very comfortable with Mr. Jones being a part of that.”

Councilman Fijewski stated, “Just to make it clear, this does not change the autonomy of the boards.”

Councilman Miller stated, “I’m a little bit confused. When we were talking about the 75% and whether we have an autonomous board or not, you were against it but you’re in favor of 75% controlling rates I’m a bit confused about the flip flop. Once you’re against it Max and now you’re for it.”

Councilman Fijewski stated, “There’s no confusion. If you remember what I proposed was what council considered last month which was to change from 75% to 70% so I wasn’t opposed to the 70% I was opposed to the 75%. Council decided the last time we voted on this that they wanted to uphold the 75%, which is fine. All I’m doing is moving along with the same 75%. If council would have approved the 70% this would have read 70%. I was still for the 70 which is still the super majority. Council decided they didn’t want to do that. So what I’m saying is if council wants to go with the 75% fine with me, then we’ll make it 75% for the water rate increases. Let council be consistent.”

The Mayor asked for a roll call vote:

Councilman Kondik No

Councilman Fijewski Yes

Councilman Dalrymple No

Councilman Miller No

Councilman Marsh Yes

Councilman Jones No

Councilman Ash Yes

The motion was defeated by majority, 4/3.

Resolution to enter into agreement with Reimbursement Concepts to lease the Cove School Lot. (Mayor Harris)

Motion was made by Councilman Miller, second by Councilman Kondik.

Mayor Harris stated, “A gentleman come up us and talked to Gary Dufour and myself. He had just remodeled the Marlinn shoe store and wants to open up the first of the month. He’s having an issue looking for different parking spaces without causing a lot of problems with the Dollar Store. He is asking us on a temporary basis for parking close to the lot. I informed him that we were having a work shop on what we were going to do with that piece of property. At this time he just wants to use it on a temporary basis, and he’s willing to put liability insurance on it just incase anything would happen. It also brings in 50 + jobs in to our community so I’m asking council to take a look at that.”

The motion passed by majority, 7/0.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

Chuck Right 7/1/09-6/30/12

Councilman Miller made a motion to appoint, second by Councilman Jones.

The motion passed by majority, 6/0/1 with Councilman Fijewski abstaining.

Gary Bullock 7/1/09-6/30/12

Councilman Kondik made a motion to appoint, second by Councilman Jones.

The motion passed by majority, 6/0/1 with Councilman Fijewski abstaining.

ADMINISTRATIVE REPORTS:

PUBLIC WORKS-

Mr. Brown stated, “I’d like to thank Councilman Marsh for getting involved on 12^th street. He called the power company and talked to the manager and within 2 hours a fleet of trucks cutting up trees off of the power lines. We can cut up the trees that fall onto the ground but we can’t touch the ones on the power lines so as a result of that we can probably get it open by Friday.”

FIRE-

Chief Lashhorn stated, “It was my pleasure to go the work on the grant. I’m glad it came through. It’s something that a lot of the departments got.

Mayor Harris complemented Chief and his staff for the great work they did handling the house fire which was taken care of before it got out of hand.

Chief Lashhorn stated, “The one thing we are asking is with the lack of power be extremely cautious with any heating devices you use to heat your home at this time. You can help us out by digging fire hydrants out, we would appreciate it. Our big thing is that everyone needs to be extremely careful right now.”

POLICE-

Chief Marshall stated that, “I’d like to thank Councilman Marsh for his help on Saturday. If it wasn’t for him a lot of us would still be stuck.”

Mayor Harris stated, “One of the things we didn’t mention is that one of his men entered a house of a gentleman that was going to commit suicide, and your guys did a great job of talking the guy down. We just to let you know that we appreciate that.”

LIBRARY –

Mr. Rekowski stated that, “This evening we saw quite a few scouts here and that’s something to think about for Weirton’s future. I have something here just to report that our children are our future, and I’d like to say Cloudy With a Chance of Meatballs for January brought in 38 children. This month’s film series with be Penguins of Madagascar, and we to get the word out that you’re all invited. It’s February 25 at 6:00. I’m also handing out a flyer that we’re really excited about because here’s a younger group of WV Department of Arts and Education with Kate Goodwin and the Dolly Parton Foundation. There’s going to be an opportunity for every child to receive a book mailed to their home from birth up to the age of 5, and they have to register at the Mary H. Weir public library. The WIC program will also be part of this.”

SANITARY-

Mr. Mastrantoni stated that,”We’re dealing with a couple issues right now, nothing to the extent that public works is dealing with. Nothing further to really report other than just a couple of leaks that we’re tracking down.”

PARKS-

Mr. Weigel stated that, “Just for everyone’s information, on Saturday we set up at the community center as an emergency shelter, and that shelter is still active. We have different people there. We have plans in place depending on this next storm. We’ve been working with the Red Cross and other emergency service providers. We had enough time to get food and cots there. There’s still some people without power. The other unique thing you run in to is that you still have some people trying to tough it out and staying in their homes not asking for help. After several days without power and hot water, we’ve had a number of people come down and at least take a shower. If you need anything else and want to stay, we have it upstairs. Through the Red Cross we are providing food there as well as some local businesses that have supplied meals.”

Councilman Marsh thanked Mr. Weigel for his efforts.

Councilman Fijewski asked Mr. Weigel for an update on the construction of the Rose Room.

Mr. Weigel stated, “Work is going well. We’ve been in there the past few days trying to get some little items. The ceiling is pretty much complete. All wiring has been run, the lights are in place, the dry-wall is in place, the air conditioning unit is running fine. There will be some final thing, there are cushions that are being made that will take 6 weeks to get here. So there’s little things like that, but we are progressing. I meet tomorrow with the architect at 11 to contract and go over specific items with that.”

INSPECTIONS-

Mr. Rosnick stated that he had nothing further to add.

FINANCE DEPARTMENT-

Mr. Maher stated:

General Fund cash report for January 11, 2010:

Beginning Cash Balance: $272,616.58

Interest on Checking: $173.75

Deposits: $1,137,622.64

Draw-downs on Investment: N/A

Disbursements: $(954,549.13)

Cash Balance: $455,863.84

Beginning Investment $2,383,789.09

Balance:

Interest on Investments: N/A

Withdraws: N/A

Ending Investment $2,383,789.09

Balance:

Petty Cash: $800.00

Total Cash and Investments $2,840,452.93

Available:

There were invoices for council to approve totaling $8,188.38.

The Mayor called for a motion to pay any bills and accept administrative reports from all of the departments.

Motion was made by Councilman Marsh, second by Councilman Dalrymple.

The motion passed by majority, 7/0.

ADJOURNMENT

The mayor called for a motion to adjourn.

Motion was made by Councilman Dalrymple, second by Councilman Marsh.

The motion passed by majority, 7/0.

With no further business before this February 8, 2010 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.