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Weirton City Council
Council Meeting - Regular
March 12, 2007
A regular meeting of Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, March 12, 2007 at 7:00 P.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor called the meeting to order.
Councilmembers in Attendance:
Henry DeMasis Councilmember Ward 4 Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Jerry Miller Councilmember Ward 1 David Dalrymple Councilmember Ward 6 Frank Veltri Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance:
John Brown Public Works Superintendent Chief Cole Fire Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director A. D. Mastrantoni Utilities Director Rik Rekowski Library Director Rod Rosnick Chief Code Official Chief Scott Police Chief Terry Weigel M.C.C. Director John Yeager City Attorney
Mayor Miller led the Pledge of Allegiance.
Approval of Minutes
Motion to approve the minutes from February 12, 2007 made by Councilmember Kondik, second by Councilmember Miller, no questions on the motion, so passed unanimously.
Mayor’s Awards and Proclamations
Mayor Miller presented Mayor’s Awards to Adam David McDiffit and Ernest M. Nicholas, III for their Eagle Scout. Mayor Miller thanked all members in attendance for being present and stated that the City of Weirton is proud of the boys for earning their Eagle Scout Awards. Also thanked the scout masters and their families.
Mayor read the Mayor’s Award and presented it to the both boys, who gave a brief overview of what their projects involved.
Mayor Miller presented Mayor’s Awards to the Weirton Police Department regarding an incident which occurred on the grounds of Weir High School on December 20, 2006. Roger Criss reported that shots had been heard in the area and the schools were on lock down. A father and son were target practicing on McKim’s Ridge and the quick reaction of all the agencies prevented a potentially serious problem. The City would like to thank the following agencies, Weir Middle School, Weir High School Administration and Teachers, West Virginia Department of Natural Resources, Brooke County Sheriff’s Department, Follansbee Police Department, Hancock County Sheriff’s Department and the West Virginia State Police, our City of Weirton Police Department, especially Roger Criss, Pro-Officer and Scott Schrader, Pro-Officer. Mayor Miller presented Chief Scott, the Mayor’s Award for the City of Weirton Police Department. Mayor asked Pro-Officer Roger Criss to explain what had happened on December 20, 2006.
Councilmember Moore stated that the grant for the pro-officers was taken away on a technicality and this council paid the money to make sure the pro-officer was in position and this is exactly why it was worth every penny spent. Continued to say that we will maintain these pro-officers as long as this council has input on how this money is spent.
Further stated this is where you get frustrated when they nit pick over funding sources for these programs, when they are protecting the children’s lives. Thanked both officers for what they do.
Mayor Miller also read a proclamation declaring the Month of March as Fair Housing Month in the City of Weirton.
Communications
Councilmember J. Miller announced that his Youth Bowling Program traveled to Parkersburg for the Pepsi Cola State Championship. Teams are from the Holiday Lanes and Steel Valley Lanes, and between the two units we provided 18% of the total kids that participated in this tournament from the Weirton area. Steel Valley produced two state champions. Zachary Greenlief the boys’ champion who is 14 years old attends Weir High School and Ashley Miller (who is my daughter) is a senior at Weir High School won the girls state champion. They will both go to Buffalo, New York in July to participate in National Tournament and also have an opportunity to win $20,000.00 in scholarship money. In addition to the kids starting this weekend for the next seven weeks we are going to be having the Men’s State Bowling Tournament in the City of Weirton. We will have approximately 2,000 people coming through Weirton in the next seven weeks. They will be using our businesses, our facilities and our hotels. Councilmember Miller stated that he is very proud of the kids. Personally took 27 kids to Parkersburg, also had one sixth place and one in eighth place.
Councilmember DeMasis expressed his concern for the children and how he does get involved with the Young Marines with the Toys for Tots.
Mayor Miller asked Councilmember Kondik if he had any information on Mr. Kusic. Councilmember Kondik stated that Mr. Kusic told him the middle of moth and then he said in the paper a few days later the end of March. As of two weeks ago have not had any communication with Mr. Kusic. Our City Attorney, Mr. Yeager is having correspondence with this problem. Attorney Yeager stated that there is a pre-trial conference next Monday and also have written to his Attorney asking if he would like to engage in a settlement. Councilmember Kondik stated that Mr. Kusic stated he has a contract with Raze Construction, is that signed and sealed. Attorney Yeager stated we do not have a copy of this. Mayor asked Rod Rosnick if we had a demolition permit. Rod responded that we have had several demolition permits. Rod stated he has applied for another one. Councilmember Moore stated he would ask his monthly question, is the City doing everything in their power to bring down the Kusic building. Attorney Yeager stated yes and would like to have a settlement conference, because then the Judge would not have to compel anyone to do anything. Preliminary pre-trial hearing is next Monday.
Citizens Comments
No Citizens Comments
Old Business
Second Reading of Ordinance No. 1520, Ordinance Abandoning Scott Lane. Motion made by Councilmember Moore, second by Councilmember J. Miller, no question on the motion. Passed 7-0
ORDINANCE # 1520
ORDINANCE ABANDONING SCOTT LANE
WHEREAS, the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia has authority under the Charter of the City of Weirton, Article V, Section I at subsections 2, 3, 6, 16, 33, and 59 to control the location of streets and city roads, and to convey real estate; and
WHEREAS, it has been determined that excavations done in the course of placing improvements on the property bounded by Cove Road, Potomac Avenue, and Scott Lane, although done in compliance with an agreement with the City, have rendered Scott Lane impassible; and
WHEREAS, property owners of the lands on both sides of Scott Lane and at the eastern end of Scott Lane have entered into an agreement which seeks the abandonment of the lane by the City; and
WHEREAS, Scott Lane serves only the three properties owned by the parties agreeing to the abandonment of the same; and
WHEREAS, Council believes that access to the lands at the end of Scott Lane could be had by other routes if necessary; and
WHEREAS, the City’s purpose in abandoning the right-of-way is to benefit a business which would otherwise be required to spend a prohibitive amount of money to bring the right-of-way back to a usable grade, and it understands that to require such restoration would be damaging to the business and to its commerce and employees, and would serve the actual needs of no person other than the three landowners who have agreed to its abandonment; and
WHEREAS, the value of the right of way is less than One Thousand Dollars ($1,000.00), exempting it from the requirements of auction otherwise provided at West Virginia Code § 8-12-18 and the abandonment of this lane reduces the City’s maintenance responsibilities and its liability:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, Brooke and Hancock Counties of West Virginia that Scott Lane, as it proceeds northeast from Potomac Avenue to the lands now or formerly owned by Starvaggi Industries, and more particularly described on the survey and the description appended hereto, is hereby abandoned as a city street or lane, and that the City Manager is hereby authorized to sign a quitclaim deed granting all of the City’s right, title, and interest in and to the right of way shown on the said survey to the landowners bordering the same on the northwest and southeast of the said Scott Lane if the said landowners shall present deeds in the proper form and which contain valid survey descriptions of the property being conveyed.
This ordinance shall become effective thirty days after passage.
First Reading: February 12, 2007 Publication Date: February 19, 2007 Second reading: March 12, 2007
Mayor
ATTEST:
City Clerk Second Reading of Ordinance No.1521, Ordinance authorizing the acquisition and construction of additions, betterments and improvements to the existing Public Sewerage System of the City of Weirton and the Financing of the Cost thereof; not otherwise provided, through the Issuance by the City of not more than $5,000,000 in aggregate principal amount of Sewer Revenue Bonds, Series 2007 A (West Virginia SRF Program): providing for the Rights and Remedies of and Security for the Registered Owners of Such bonds; authorizing execution and delivery of all documents relating to the Issuance of Such Bonds; Approving, Ratifying and Confirming a Loan Agreement Relating to Such Bonds; authorizing the sale and providing for the terms and provisions of such bonds and adopting other provisions relating thereto.
Motion made by Councilmember Dalrymple, second by Councilmember DeMasis. Question on the motion made by Councilmember Moore who asked if this will not allow us to haul sludge to the landfill when complete. A.D. Mastrantoni stated this was correct. Councilmember Moore stated this will reduce our landfill cost, will not have tipping fees will not be going to the landfill, will be producing a more ecological friendly product and will not incur any increase in the city billing. Mayor Miller thanked Vince Collins from Steptoe and Johnson who is here tonight to answer any questions. No further questions on the motion please signify by saying I. Passed 7/0
New Business
Resolution requesting support for continued federal funding for Cancer programs.
Councilmember Dalrymple made the motion to approve, second by Councilmember DeMasis.
Councilmember Dalrymple commented that this resolution was put together after last council meeting, Sue Simonetti received a Mayor’s Proclamation which pertained to the relay for life and at that time brought up a very good point of the political side of cancer. Currently the federal government is proposing a 1% cut which is right around 36 million dollars of the National Cancer Institute’s Budget, this will be the second year in a row that cuts are being proposed. Reports indicate that cancer deaths nationwide have dropped for the second consecutive year, however scientist are concerned that continued funding cuts would undermine that success. There is a possibility that proposed cuts could close and delay 95 trials this year alone, most likely everyone in this room has been affected by cancer directly or indirectly. Ms. Simonetti asked if the people could be made aware of what is happening and let your State Legislators know that these cuts should not be made to this program. With the help of the City Manager’s secretary, Kathy Cihota, contact has been made to the West Virginia Municipal league to try and get other cities and towns in the State of West Virginia involved, by either writing their own resolution or using the one crafted for this evenings consideration. I would like to thank Ms. Cihota for the work she put into this project and hope the cooperation of the cities and towns in our great state can let the federal government know in one unified voice that we want to keep this program funded to its fullest and ask my fellow council members to support this resolution.
Mayor Miller thanked Councilmember Dalrymple for his support and hope that the Municipal League sends this resolution to every city in our state.
Mayor asked for a vote on this resolution - passed 7/0
RESOLUTION
REQUESTING SUPPORT FOR CONTINUED FEDERAL FUNDING FOR CANCER PROGRAMS
WHEREAS, cancer has personally touched the lives of many of our residents in one way or another through the years, either through personal experience or relationships with family, friends, and others in our community; and,
WHEREAS, our national investment in cancer research has reaped remarkable returns, including potential cancer vaccines, improved detection technologies, and less invasive therapies; and,
WHEREAS, despite our progress, cancer still strikes one in two men and one in three women, killing 1,500 people each day; and,
WHEREAS, today an increasing number of people are living with cancer rather than dying which is a testament to our nation’s investment in biomedical research, cancer prevention, early detection and care; and,
WHEREAS, continued federal funding will assist in the continuation of the search for a cure and innovative treatment therapies, as well as creating jobs, boosting local economies and improving the quality of care for cancer patients and their families.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that a request be made to our local legislators encouraging their support of the efforts of the American Cancer Society and National Cancer Institute by requesting that the Federal Government sustain past progress and continued modernization of cancer research by providing annual funding for the National Cancer Institute that at least keeps pace with medical inflation.
Date: March 12, 2007
________________________________ Mayor
ATTEST:
________________________________ City Clerk
Sponsored by Councilman David Dalrymple. 2. Resolution to purchase additional Medical Equipment required by State law for EMT First responder calls utilizing Hancock County Video Lottery Funds. Councilmember Veltri made the motion to approve, second by Councilmember Jerry Miller. Any questions on the motion.
Councilmember Moore asked if training would be done in-house. Chief Cole stated that this is a mandate from the State of West Virginia to include the training and additional equipment to put on seven different units for the first responder program. Through the shortage of the paramedics through the state they reclassified the EMTV, also most of this equipment is put on the truck. Councilmember Veltri asked if this was not a cost to the city for the medical equipment. Chief Cole responded no that this would come out of Hancock County Video Lottery funds and nothing from the city budget. Councilmember Moore asked if we provide the training to WAARS as well. Chief Cole state it is a combination of some of the fire department training WAARS and WAARS training the fire department. Motion been made please signify by saying I. Passed 7/0.
RESOLUTION
TO PURCHASE ADDITIONAL MEDICAL EQUIPMENT REQUIRED BY STATE LAW FOR EMT FIRST RESPONDER CALLS UTILIZING HANCOCK COUNTY VIDEO LOTTERY FUNDS
WHEREAS, the West Virginia Office of Emergency Medical Services has recently updated protocols for first responder calls, which are to become effective July 1, 2007; and,
WHEREAS, said protocol changes are now required by State law and will involve additional training for EMS and non-EMS personnel; and,
WHEREAS, these training sessions shall be offered to Weirton Fire Department personnel, Weirton Area Ambulance and Rescue Squad EMT-B’s; and,
WHEREAS, said training shall require the purchase of various medical equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager be authorized to purchase the additional medical equipment required for EMT first responder calls from WEIRTON MEDICAL CENTER, 601 Colliers Way, Weirton, WV, 26062 and MOORE MEDICAL EQUIPMENT, LLC, P.O. Box 1500, New Britain, CT 06050-1500 in an amount not to exceed Three Thousand Two Hundred Dollars ($3,200.00).
BE IT FURTHER RESOLVED THAT the purchase of said equipment shall be funded through the utilization of Hancock County Video Lottery funds.
Date: March 12, 2007
______________________________ Mayor
ATTEST:
_______________________________ City Clerk 3. An Ordinance to effectuate the purposed set forth in Section 33-17-9a and 33-17-9b of the West Virginia code which provides that in certain Fire losses, an Insurance Company shall transfer from the Insurance proceeds to a designated officer of the Municipal Corporation in which the Fire occurred, the insurance proceeds as security against the total costs of removing, repairing or securing the damaged building; and also providing for any costs expended in excess of such proceeds to be assessed in the form of a real estate lien.
Councilmember Jerry Miller made a motion to approve, second by Councilmember DeMasis. Question on the motion - Councilmember Moore stated this does not have to do with anyone receiving additional insurance except in most peoples homeowners they have a clause that their insurance will pay for clean-up and demolition, this lets the insurance company make that payment, lets the city bill them and that payment then will come from the insurance company to the city. It is actually transparent and goes hand in hand with the resolution that we passed previously to allow us to more aggressively to collect the cost of demolition that the city performs, rather than perform that service at a loss. However the more funds that we can recoup the more funds we have available for further demolition. This does not impact any individuals homeowners insurance, does not inquire them to have any additional insurance or any changes to their insurance, it is just a mechanism to collect our cost of demolition and clean up. Councilmember Moore made a motion to amend this ordinance because of section IV that list it is an emergency measures, but it is not, we need to delete section IV and add the following sentence:
This ordinance shall become effective 30 days after passage.
Councilmember Moore made a motion to approve the amendment, second by Councilmember Dalrymple, so passed 7/0.
Mayor Miller asked for the approval of the ordinance as amended - so passed 7/0
Administrative Reports from Various Departments
A. D. Mastrantoni - number of line breaks have diminished and hope this continues. Councilman Veltri asked if Butch knew there was a line break on Colliers Way. Butch stated they are not aware of this but will have to take care of it in the morning.
John Brown city wide paving is scheduled for the second week of May and a nice feature added this year is that each street will be milled and paved the same day.
Spring Clean will be the week of April 16, 2007 and working on public auction. Working on patch schedule city wide.
Terry Weigel with the weather being nice again Mansuetto Roofing are working on the roof at the Millsop Community Center. Terry introduced park board chairman Doug Fenton.
Councilmember Moore advised Terry Weigel about the parking lot and to remind everyone that cars will be tagged if illegally parked.
Treasurer’s Report
Valerie Means gave the treasurer’s report for February 2007, stating:
Beginning Cash Balance: 684,838.22 Interest: 2,461.16 Deposits: 1,033,073.35 Disbursements: 1,188,055.59 Bank Balance: 532,316.84 Investment Balance: 1,302,256.75 Total Cash and Investments: 1,835,273.59
No Additional Invoices to be approved this evening. Motion was made by Councilmember J. Miller to accept the financial report, second by Councilmember DeMasis, Passed 7/0.
Meeting adjourned.
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