WEIRTON CITY COUNCIL

COUNCIL MEETING - REGULAR

MONDAY, February 09, 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, February 09, 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

Vincent Gurrera City Attorney

David Lashhorn Fire Chief

Nicole Davis City Clerk

A. D. Mastrantoni Utilities Director

Bruce Marshall Police Chief

Rik Rekowski Library Director

Thomas Maher, Jr. Finance Director

Terry Weigel Parks and Recreation Director

Becky Stout Director of Weirton Transit

Mayor Harris led everyone in reciting the Pledge of Allegiance.

APPROVAL OF MINUTES

A motion was made by Councilmember Kondik and second by Councilmember Jones to approve the minutes of the:

January 08, 2009 –Special Council Meeting

The motion carried by majority, 7/0.

A motion was made by Councilmember Kondik and second by Councilmember Dalrymple to approve the minutes of the:

January 12, 2009-Regular Council Meeting

The motion carried by majority, 7/0.

A motion was made by Councilmember Kondik and second by Councilmember Jones to approve the minutes of the:

January 16, 2009-Special Council Meeting

The motion carried by majority, 6/1 with Councilmember Marsh abstaining.

MAYOR’S AWARDS AND PROCLAMATIONS

The Mayor had no awards or proclamations during this meeting.

COMMUNICATIONS

Councilman Fijewski stated that he had passed out to Council documentation regarding the status of the Park Board. Councilman Fijewski stated that he had asked Mr. Terry Weigel to compile numbers to ascertain a sense of utilization of the Community Center as well as Starvaggi Park and Marland Heights Park. Councilman Fijewski stated that the Community Center is a real shining star for the community. Within the packet, was documentation regarding the number of memberships sold as well as how many daily passed were being used, and these numbers were in the thousands. Councilman Fijewski stated that there were many activities being offered by the Community Center, including basketball, indoor and outdoor flag football, indoor soccer, and Outrageous Overnighters.

Councilman Miller stated that he wanted to give an update regarding the Amber Alert System and Megan’s Law. Councilman Miller stated that he along with Vince Guerra, City Attorney, had been working on doing something with Megan’s Law and that an ordinance may be brought before Council at the next meeting. Vince Guerra stated that under Megan’s Law, many issues occur after the person has already moved in to Weirton, and the proposal is to adopt an interpretation of Megan’s Law that takes effect before someone would move in to Weirton. Mr. Guerra commented “We would like to put something in place that says 10 days, 20 days, or whatever before you move in to Weirton, you have to let the police know the information about you. This will give the police a chance to find where you’re at and cuts down on people saying they forgot to register.” Mr. Guerra thanked Councilman Miller for bringing to his attention some of the defects in Megan’s Law.

Council Fijewski stated that the Hall of Fame Committee had chose Sunday, April 26 for the Hall of Fame Induction Ceremony, and asked everyone to try to attend.

Councilman Kondik stated that he wanted to make an introduction of a member of the public. Brad Dagencobb, Director of Sales for the Weirton Holiday Inn, introduced himself and stated that he was honored to be a part of the 2009 Leadership Weirton Class, sponsored by the Weirton Chamber of Commerce. Carla West, from Lauttamus Communications, introduced herself and stated she was also a member of the Leadership Weirton Class.

CITIZEN COMMENTS

Mr. Jeff Lynch

Re: Ordinance No. 1624; Amendment 719

Mr. Lynch stated that he was attending the Council Meeting on his Mother’s behalf in regards to the proposed Ordinance involving the required permit parking on the 3000 block of Elm Street. He stated that on his block that it mostly elderly individuals, but closer to Marland Heights there are many cars with Ohio license plates. He wanted to bring this matter to Council’s attention.

Councilman Ash stated that he had received numerous calls from residents wanting him to put permit parking there (3000 Block of Elm Street).

Mr. George Velegol

Re: Beautification of Weirton

Mr. Velegol stated that he had power lines next to his house and that the Power Company was cutting V’s in the trees so as not to obstruct the power lines. Mr. Velegl stated that this process was taking away the beauty of our town. Mr. Velegol asked Council if there would be any way to work with the Power Company to implement spear cutting all over town. He went on to state that he would be willing to pay a portion of the cost. Mr. DuFour stated that he would check in to the problem.

OLD BUSINESS

Ordinance No. 1624, Traffic Amendment No. 719 (Second Reading)

To establish residential permit parking on the 3000 block of Elm Street between its intersection with Taylor Avenue and its intersection with Virginia Avenue. (Councilman Ash)

Motion was made by Councilmember Ash, second by Councilmember Jones.

Councilman Ash stated that a correction had been made to the initial ordinance which read, “Only on the West side”. This portion was removed so as to include the entire 3000 Block of Elm Street. The City Attorney stated this was not a substantial change and could be allowed in to record without any further issue.

The motion carried by majority, 7/0.

Ordinance No. 1625 (Second Reading)

Authorizing the acceptance of land from the Weirton Women’s Club and Holliday’s Cove, a corporation.

Motion was made by Councilmember Kondik, second by Councilmember Dalrymple.

The motion carried by majority, 7/0.

Ordinance No. 1626, Traffic Amendment No. 720 (Second Reading)

To establish a no parking zone around the dead end area at the west end of the 100 block of Franklin Street.

Motion was made by Councilmember Jones, second by Councilmember Miller.

The motion carried by majority, 7/0.

Ordinance No. 1627, Traffic Amendment No. 721 (Second Reading)

To establish one way only on Inez Street from North 11^th Street to North 12^th Street.

Motion was made by Councilmember Jones, second by Councilmember Dalrymple.

The Mayor stated there was a small change regarding this Ordinance. Originally, it was read in to record as “North 10^th Street to North 12^th Street”. This has been changed to read “North 11^th Street to North 12^th Street”. The City Attorney stated this was not a substantial change and could be allowed in to record without any further issue.

The motion carried by majority, 7/0.

NEW BUSINESS

Ordinance to repeal Article 303 and Ordinance Number 62 (Approved and Passed July 09, 1951) in order to eliminate the Traffic Commission.

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

Councilman Miller stated, “Over the years that I have been on Council, they have gone periods of time 12 to 13 months without the Traffic Commission having a meeting, and I know there is some concern by some of the Council about some of this agenda from Traffic Commission coming directly to Council and trying down Council. I don’t know that that’s going to be the case.”

Councilman Fijewski stated, “The City of Weirton was incorporated in 1947. So it makes sense to have a traffic Commission for a new city. We have had population of upwards of 30,000, we had been a growing community. We have had Truax Addition, Owens Addition, Terrace Heights, State Line, and Marland Heights. Obviously there were a lot of issues and questions concerning those agendas that the Traffic Commission concerned itself with. Here we are, 53 years later, we still a lot of the bureaucracy of running a city as if we were 30,000. We are not, we’re 19,000 and dropping. The Traffic Commission met 5 times last year. They met March 28 and did not meet again until June 27. They met August 20 and did not meet again until December 10. I know I waited 5 ½ months for a request to be considered by the Traffic Commission. That’s unseemly. We have done a lot of things as City Council to be responsive to the business community, and we have done a lot of things to be responsive to the citizens so that they don’t have to jump through hoops. We need to take a look at all of these commissions and authorities we have to see whether or not we still need them. I think this thing has outlived its need. In the 19 months I have been on Council, there has only been one issue on the Traffic Commission that took more than 30 seconds. The only other time was when people from my ward came forward and objected to the fact the Traffic Commission put forth a proposal that I had no knowledge of. I think if the Traffic Commission is going to consider a request, it should be brought to the attention of the elected officials. I think it’s outlived its usefulness. I appreciate the fact that it creates a buffer for Council, but in my opinion we don’t need a buffer, we get elected. With that I would ask you consider the ordinance as suggested in a positive nature.”

Councilman Kondik stated, “I may have used the Traffic Commission a dozen or two dozen times within my tenure, and every time I have been to them was for a problem that I couldn’t solve. Just like any other board we have problems there. These are people that are there for volunteer work, a lot of them have been there for a long time. Maybe it’s time for new blood, or maybe it’s time for a new way of having the meetings or addressing the problems. Maybe it’s a good idea to look at it via the Council presenting the problems to them and/or having them here at the Council meeting. Whenever you have 5 to 7 people that are working with Public Works directly, it’s a good buffer and it airs out a lot of problems that we don’t know about. I’ve tried to attend every meeting that I have had concerns with on Marland Heights. I am asking my fellow Councilmen not to support this.”

Mr. Maher was asked by Councilman Fijewski if it was the practice of the Commission that they if they did not have an agenda of three items they did not meet. Mr. Maher responded by stating they (Traffic Commission) did want to have as much of an agenda as possible before they brought the five volunteers together to meet.

Councilman Dalrymple stated, “Mr. Mayor knows how upset I get when the traffic Commission wasn’t meeting to cover these things, but I think that was our fault for not giving the traffic Commission the proper direction to meet when we want them to meet. I don’t look at them as a buffer. I myself am not trying to avoid confrontation with residents over issues. I look to the traffic Commission to investigate and inform. I don’t necessarily have to agree with what the traffic Commission has to say. I have actually over-ridden the Traffic Commission once that I can recall. We put these boards together to meet on whatever subject mater and come to us with their opinion, whether we agree with it or not. As part time employees of the City, sometimes it’s difficult for us to focus on every single item, therefore these boards and commissions were created to help us be able to make informed and educated decisions on whatever the problems may be. I would like to se the Traffic Commission stay, but only under the conditions that they sit with us and get some direction on what we expect from them. We don’t expect meetings every three months, and waiting for “x” number of agenda items. When we bring something forward, we want action.”

Councilman Ash stated, “I am confused a little bit about what’s happening here tonight. We’ve talked about this in the past, and not one Councilmember spoke up in favor of keeping the Traffic Commission. I told the Mayor I was not to going to sponsor it (Ordinance to Repeal Article 303), but I was going to support it. I assumed, based on conversations that I have had in the past that this was something that was just going to happen, and now I see that it may not happen. The Ordinance we passed tonight for Elm Street, I gave it to the traffic Commission and they kept it 4 or 5 months and finally came back and said we don’t want it happen. So I just put it on the agenda anyhow.”

The Mayor made a motion for a roll call vote.

Councilman Ash-Yes

Councilman Jones-Yes

Councilman Marsh-No

Councilman Miller-Yes

Councilman Dalrymple-No

Councilman Fijewski-Yes

Councilman Kondik-No

The motion carried by majority, 4/3.

Resolution to enter into contract for Property and Liability Insurance coverage for the City of Weirton ($404,294.46 with Commercial Insurance Services – Trident/Argonaut Insurance Company).

Motion was made by Councilmember Marsh, second by Councilmember Jones.

Mr. Dufour stated, “This was the same company that provided their services last year. It is an increase of approximately $2,400. The next lowest proposal we had was $464,000, substantially higher.”

Mr. Gurerra stated, “Everything that I have researched has shown that there has been a large decrease in the amount of lawsuits that have been filed against the City. I think that’s one of the reasons our premiums have not gone up as much as some other locals. Gary (City Manager) and I have had several meetings on the fact that we have resolved 3-10 lawsuits that we on are desk, and I think we have two lawsuits that have been filed in that same span of time. We are also in the process of resolving two or more.”

The motion carried by majority, 7/0.

Resolution to authorize the City Manager to submit an application for the Economic Stimulus Grant Funding through the Federal Transportation administration for the Weirton Transit Corporation.

Motion was made by Councilmember Kondik, second by Councilmember Marsh.

Mr. Dufour stated, “Attached to the actual ordinance company itself some capital improvement purchases worth $232,000. These are additional funds being made in anticipation of dollars being made for the general fund of the Federal Transit Administration. These funds are currently in the process of being legislatively approved, the House has approved them and I believe they have survived the first round of cuts in the Senate. There is no matching money required, it is 100% Federal.”

Becky Stout, the Director of the Weirton Transit, was asked to speak further on the topic.

Ms. Stout stated, “They formulate this is by looking at your previous year’s grant at 140% and that’s how they come up with the amount, and it came out to be about $465,000 available dollars. None of this can be used for operations, it all has to be capital improvement. If I want to build a building or make some major purchase like that, we wouldn’t have the funds to generate the operations of it and maintain the operations of it. I only had 120 day turn around on this so I had to come up with something fast that we could go in to a contract with. The suggestion was the new vehicle and some security items which will enhance the city. Some of those are solar lighting for the existing bus shelters with some new bus shelters, and security lighting. Everything is solar powered so that we don’t have to go in to any of the underground utilities or anything like that. We’re going to remodel the office from the ground up, so that will also give the building a face-lift. A lot of the security was very much encouraged to do. The last thing I heard from the Federal Transit today was that is was approved at $8.4 billion, so I am looking for us to get all of our money.”

The motion carried the majority, 7/0.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

No appointments were issued during this meeting.

ADMINISTRATIVE REPORTS

LIBRARY–

Rick Rekowski stated, “I would like give you additional information regarding the library and highlight some of the usage that’s been going on within the last six months. It’s a bullet approach just talking about some of the activities going on at the library. The usage of the internet center, we average about 16000 visitors per year. Last week I had a lady in the library doing her taxes. It was interesting to see this individual doing her taxes at the library. We do provide the opportunity for people to use the internet even if they don’t have a library card. The library does provide the opportunity for people to take exams. One of the databases that’s available is the Learning Express, and they have provided some new enhancements to this service. It’s not just for GED, there’s Armed Service tests, cosmetology, and law enforcement tests. These services are provided for our citizens who are preparing to take an advancement in a career.”

PUBLIC WORKS–

Mr. Brown stated, “I would like to mention the auction was very successful. We brought in about $16,500. I would like to praise the Reverend (Westling, the auctioneer) for doing a great job. He volunteered his services. You will have a list of streets cost/estimate complete. I apologize it should have been today, but with the condition of the streets the sun has helped with melting. The time frame would be the 17^th, so I’m moving that up to the 20^th. We’ve revised the paving contract with the City Manager and the City Attorney, and we’ve added a lot of good things. I also have gotten interest from six new vendors who are willing to bid for the 09-10 milling paving. The pre-bid will be one the 27^th. The update package on the salt, brine, and anti-skid will be from November through the 31^st of December. Eight supervisions have an agenda to present to me Monday for their spring project. For the next few days we may be able to get out sweepers for the streets. Normally we get the sweepers out in April, but we probably will get started early.”

Councilman Fijewski commented that he had spoken with Senator Bowman regarding the storm-water issue stating that the project has the potential to cost hundreds of thousands of dollars, and may force many cities to implement a fee to cover costs. Councilman Fijewski inquired of Senator Bowman if a delay regarding the implementation of the project could be issued so as to defer the requirement of the municipalities to pay this extreme cost.

PARKS AND RECREATONS–

Mr. Weigel stated, “We hope to have the final renovations put on the windows and doors of the front of the Center this week, and they’re done. However, winter is not over and we don’t anticipate any more construction for another six weeks or more, depends upon on when winter goes. The next thing to be done is exterior work, and they are jobs that require 50 degree days, above freezing at night, and multiple days in a row.”

Councilman Miller stated that he believed a letter of gratitude should be issued on behalf the City thanking the President of the Weirton Renaissance for all of his efforts.

Mr. Weigel stated that the Recreation department had issued a plaque a few years ago recognizing the Renaissance group. Additionally, Mr. Weigel stated that the interior renovations of the Center would include: making the interior lobby their meeting room, moving the aerobics back to the Rose Room, and lighting and air conditioning.

Councilman Fijewski stated that the Community Center is being considered as the location for the Weirton Hall of Fame.

FIRE DEPARTMENT-

Chief Lashhorn stated, “Nothing to report.”

WATER & SEWAGE–

Mr. Mastrantoni stated that he had nothing additional to report.

POLICE DEPARTMENT-

Chief Marshall stated that he had nothing additional to report.

Councilman Marsh inquired if progress was being made regarding the dispatch issues; a tentative yes was the reply.

TREASURER’S REPORT-

Thomas Maher provided the treasurer’s report for January 01, 2009

Beginning Cash Balance: 150,409.53

Voided Checks 30.53

Interest: 139.88

Deposits: 1,131,902.10

Draw Downs from Investments 500,000

Disbursements: (1,156,936.99)

No Deposits to investments

Ending Cash Balance: 625,545.05

Beginning investment Balance: 2,382,049.45

Interest on Investments: 603.59

Withdraws: (500,000)

Ending Investment Balance: 1,882,652.04

Petty Cash Fund: 800.00

Total Cash and Investments Available: 2,508,998.09

Mr. Maher stated they had one bill for council approval for $3,494.18

The Mayor called for a motion to approve administrative reports of various departments, and pay any unpaid bills.

Motion was made by Councilmember Fijewski, second by Councilmember Jones.

The motion carried by majority, 7/0.

Councilman Fijewski extended his thanks and appreciation to the Traffic Commission and stated that the ordinance to repeal was not a reflection of the members of the Commission.

ADJOURNMENT

The mayor called for a motion to adjourn.

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

The motion carried by majority, 7/0.

With no further business before this February 09, 2009 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.