WEIRTON CITY COUNCIL

COUNCIL MEETING - REGULAR

MONDAY, APRIL 12, 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, April 12, 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- Absent

David Dalrymple Councilmember Ward 6

Max Fijewski Councilmember Ward 7

George Kondik Councilmember Ward 5

City Officials in Attendance:

Dave Smith 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

Coty Shingle 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 Jones to approve the minutes of the:

March 8, 2010 –Regular Council Meeting

The motion carried by majority, 6/0.

A motion was made by Councilman Ash, second by Councilman Jones to approve the minutes of the:

March 12, 2010- Special Council Meeting

The motion carried by majority, 6/0.

MAYOR’S AWARDS AND PROCLAMATIONS

These gentlemen were out on patrol one night and they had a fire on Orchard Street, and they saved a ladies life. Without them doing that, there would one less life in the city. I want to let everyone know we have a lot of comments that come through the city. A lot of times I hear we have too many police officers, and they don’t believe they’re patrolling the streets very well, and I’m glad that we have the police officers that we have and I’m glad the numbers that we have because without these two guys here tonight there would be one less person in our city.

PUBLIC HEARING REMARKS

Steven Spevak: Sewer Rate Increase

Mr. Spevak stated, “I used to live here in the city of Weirton 37 years ago. Now I moved across to Steubenville. I’m here to comment about the sewer problem that’s been going on. It seems like there is 2.50, 3.00, 5.00, 8.00 dollars fees are going in. We’re going to come to what they have in Steubenville and what they have in Jefferson county. We are going to eventually hit a peak where people aren’t going to be able to afford certain things in their life in order to pay the water and sewer bill. You do have a problem with the sewer. I do understand the condition that exists. Council’s responsibility should have been to delegate a fund to be held for each water and sewer bill, to be designated for future use a certain percentage of that money, whether it is a dollar or two dollars from each resident coming in. The only other place with lower sewer rates that Weirton has is up too far in Ohio. You want to attract growth in the city of Weirton. You want to attract people coming in. By you dumping these sewer rates here, these water rates here then I’m not coming. Our illustrious president passed out a lot of money, the job bill. The sewer projects will employ people, the water projects will employ people. I cannot understand how our illustrious senators and congressmen passed out 130 million dollars for high speed internet in the lower part of West Virginia. What do we get here? We only get chump change. Do you think we will have any pool with Mr. Mollahan that’s running for re-election? Some one is going to have to go in and talk to these politicians.”

Karen Harris: Sewer Rate Increase

Ms. Harris stated, “The sewer project, that’s a nice project goin’ but I have the newspaper here with me. By the way gentlemen, this is from the United State’s senate, Washington, D.C. I called them on their office phone line about the community and everything that is going on and they responded that quick. I don’t get that kind of a response from the local community. I don’t get no return phone calls, nothing. With the sewer project, is that going to entail with the money I spend. I have to spend on dollar store product because I can’t afford the other stuff to keep the orange ring out of my toilet and let alone drink the water.”

CITIZEN’S REMARKS

Larry Onstott: Curfew

Mr. Onstott stated, “They need to put some more teeth into the juvenile system as far as the curfew goes. Since everyone is worried about money matters, I think it would simply the matters if would just simply…. my understanding is that it is 12 o’clock at night which is pretty ridiculous. The old way they used to have it was 10 o’clock at night. They used to have that old siren they used to blow off at the firehouse. The officers control to go out and issue citations, they would solve a lot of problems. My sister’s house was egged. Later on I have had five windows in my house that were broken. There’s been numerous problems. These children need to be put in their place by their parents.”

Mr. Guerra stated that the current administration re-instated curfews, and they are 10 o’clock not 12 o’clock. 187 cases have been prosecuted.

George Romage:

Mr. Romage stated, “I just wanted to address a little thing I noticed in the paper about 3 months ago. It’s in regards to lighting on the Veterans Bridge. There was an article in the paper stating that the city of Weirton will be responsible for paying $9,000 a year for lighting. The city of Steubenville is responsible for $9,000, totaling $18,000 a year.”

Councilman Kondik stated, “That is incorrect. Correct me if I’m wrong, but our contribution is $2,700 a year. We haven’t paid a dime since there is no project.”

Mr. Romage stated, ”I hope this doesn’t come to fruition because I think, speaking logically here, I don’t think we can take $2,700 out of the budget every year just to pay for lighting the Veteran’s Bridge. That money can go to other places.”

Robin Quivers:

Ms. Quivers stated, “I’m here to represent Feed the Need, and I’m asking a question as to why we were denied the grant being that we are not duplicating any programs in the city. Our program is totally different. There were other organizations that were funded that had been out of business. I don’t know how the funds are allocated. It seems like when I read it in the newspaper your minds were already made up as to who was going to get the money. We have a lot of community support. This is our second time filing for this grant.”

Councilman Ash stated, “I would like for you to come to the public hearing for the CDBG and voice your opinion there. That’s when it should be done. Then council will get all the comments from the citizens at the CDBG hearing, and then we can make our decisions. We have not made any decisions at all other than where we would like to see the money go but it hasn’t gone anywhere yet. There has not been a vote on CDBG money yet.”

Karen Harris

Ms. Harris stated, “Your (Mayor Harris) nephew told me that he was a volunteer for the beautification project and that our building would be the first to be painted. I don’t know where your priorities are at, I just rode by Rumors and they are painting.”

Mayor Harris stated, “When I returned your phone call I left you a message saying that the 3000 block of Main Street is being painted with redevelopment money. That’s a whole different thing. The gentleman you are referring to is paying for his building to be painted.”

Yovanne Tuckulski

Ms. Tuckulski stated, “I came here three years. A lot of places I don’t know. They (Feed the Need) have helped me. They not only feed the need, they tell you information.”

Herbert Veal

Mr. Veal stated, “I have been told somewhere that sometimes the departments of highways is here. My concern is that coming off of Harris Hills, there is a small caution light that has been there for at least 37 years. It’s dirty when the coke plants were running. The problem is that people can hardly see that light. It’s probably 3 or 4 inches. I think it should be increased to a larger light. You can’t see around that bend because of the hill side. I think whoever needs to rectify that problem needs to cut back that bank, put speed signs up. Traffic is too fast in that area. On Wall Street you can’t see until that car comes up around that bend. I don’t know what the distance is between speed stop signs. If you have a speed sign going south, I’d like to see a speed sign going north.”

COMMUNICATIONS

Councilman Fijewski stated, “A reminder that the Hall of Fame banquet is scheduled for April 25^th at 2:00. Tickets are $25. I encourage everyone who has an interest to contact Millicent, the Chamber of Commerce, as well as myself. The second thing is, I talked with Gary DuFour. On Culler Road, there are several trees that are lying on top of the wiring. I know Gary has contacted Verizon multiple times, as I have, and it’s been months since they have been notified to get that done. Gary was promised by the gentleman at Verizon that this would be taken care of three weeks ago. If you down the road right now, that tree is hanging over the road. If those wires let lose…. the fact of the matter is that Verizon is liable for clearing that. I am requesting that the city solicitor send a letter apprising them of the fact that this has now gone on for an extended period of time. In my opinion it creates a severe hazard. If something were to happen, I think the liability they’re going to have on this is going to be huge.”

Councilman Kondik stated, “On Wednesday, April 21^st, from 6 to 8.. everybody got a notice in their packet about a round table. There’s a lot of Brooke County land in the city of Weirton. I am asking that anyone who is interested in going, let me know.”

EXECUTIVE SESSION

Councilman Fijewski made a motion to convene into executive session, second by Councilman Marsh.

The Mayor requested a roll call vote:

Councilman Ash- Yes

Councilman Jones- No

Councilman Marsh- Yes

Councilman Dalrymple- No

Councilman Fijewski- Yes

Councilman Kondik- No

Roll call vote ended, 3/3.

Mayor Harris- Yes

The motion passed, 4/3.

Mr. Guerra stated, “There were three main issues why we went in to executive session. The first issue was dealing with a water board expenditure of approximately $144,000 on something that some members of this council believe may not have been spent in the way council was told. Gary DuFour and I were asked to discuss this with the individuals and report back to council. The second issue is dealing with the fees that are due to the city, the Municipal Service Fees. A large number of businesses, we believe 150,that have not paid that, and discussed collection of those fees. This council is intent on definitely collecting those fees. It’s not fair to the businesses that pay it, and it’s certainly not fair to the citizens of the city of Weirton who deserve to have that money in our revenue. We discussed a change in the ordinance, whether we would have to do that. My opinion is we probably don’t need to change the ordinance. The third issue deals with health care of an employee/contractor for the water board and whether or not that person is entitled to health care. Council is going to decide whether they want me to research that issue or whether or not council wishes to have a tax attorney to review it.”

Councilman Ash stated, “If we’re going to do any of these things, we would have omit the agenda to add something to it and the majority of council would have to approve that.”

Councilman Fijewski made a motion to amend the agenda, second by Councilman Ash.

The motion passed by majority, 4/2 with Councilman Kondik and Councilman Jones opposing.

Councilman Fijewski made a motion to authorize Vince to engage a tax attorney to investigate the issue, second by Councilman Marsh.

The motion passed by majority, 4/2 with Councilman Kondik and Councilman Jones opposing.

OLD BUSINESS

Ordinance No. 1672 rescinding Ordinance No. 1526, which authorized the City Manager to convey school property to the Weirton Redevelopment Authority.

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

The motion passed by majority, 6/0.

Ordinance No. 1673 prohibiting the feeding of deer within the city limits. (Councilman Kondik)

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

The motion passed by majority, 6/0.

Ordinance No. 1674, Amendment No. 732 establishing a residential disability parking space at 565 North 10^th Street. (Councilman Jones)

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

The motion passed by majority, 6/0.

Ordinance No. 1675 establishing and fixing rates, fees, and charges of the Municipal Sanitary Board of the City of Weirton. (City Manager)

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

A roll call vote was asked for by the Mayor:

Councilman Marsh stated, “I still want to reiterate that we have not yet received the information. The point is that there is still ongoing research that may need to change this rate increase. Until we are formally briefed on that, I have some great deal of concerns about that. Before we knew, there was on issue up on the north end. We have nothing to know on that or where the cost is going.”

Mr. DuFour stated, “This rate increase has nothing to do with the issue up on the north end. Our problem is this; that the sanitary board has reached a financial situation because they do not have sufficient funds to meet their bond requirements. I don’t think the intent was to address the larger problem. This was a minimalist amount just to keep them even.”

Councilman Fijewski stated, “I take exception to the term minimalist. The current amount, the money that is being (inaudible) is projected to take them through five years. So it’s a far cry from making minimal approval.”

Councilman Kondik- Yes

Councilman Fijewski- No

Councilman Dalrymple- Yes

Councilman Marsh- No

Councilman Jones- Yes

Councilman Ash- No

Roll call vote ended, 3/3.

Mayor Harris- Yes

The motion passed by majority, 4/3.

Councilman Fijewski inquired if the Mayor was allowed to vote on this because he is the chairman of the sanitary board.

Mayor Harris stated, “That’s one thing I do get to vote on and that’s the hard issues.”

Ordinance No. 1676 modifying Ordinance No. 1313, as amended, establishing new minimum and maximum salaries of Municipal Employees of the various departments within the City of Weirton General Fund. (Mayor Harris)

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

The motion passed by majority, 6/0.

Ordinance No. 1677 modifying Ordinance No. 1313, as amended, by establishing new salaries of employees who are members of the Municipal Employees Union (WMEU), and authorizing the City Manager to sign contracts necessary to place these changes into effect. (Mayor Harris)

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

The motion passed by majority, 6/0.

Ordinance No. 1678 modifying Ordinance No. 1313, as amended, establishing new salaries for policemen who are members of the Fraternal Order of Police and for firemen who are members of the Weirton Firefighters Association, and authorizing the City Manager to sign contracts necessary to place these changes into effect. (Mayor Harris)

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

The motion passed by majority, 6/0.

NEW BUSINESS

Resolution to support a Columbus to Pittsburgh corridor. (City Manager)

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

The motion passed by majority, 6/0.

Resolution authorizing the City of Weirton to serve as co-sponsor for the 2010 Renaissance Weirton Festival. (City Manager)

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

The motion passed by majority, 6/0.

Resolution to enter into contract for the installation of street lighting on Steel Boulevard. (Councilman Jones)

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

The motion passed by majority, 6/0.

Resolution authorizing the acceptance of a contract for the governor’s community participation grant program. (Thomas E. Millsop Community Center)

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

The motion passed by majority, 6/0.

Resolution to authorize the execution of an application with the Office of Economic Opportunity for the Emergency Shelter Grants Program for the fiscal year 2010-2011.

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

The motion passed by majority, 6/0.

Ordinance amending the text of the Unified Development Ordinance Table 1.

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

The motion passed by majority, 6/0.

Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 250. (Pennsylvania Ave.)

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

The motion passed by majority, 6/0.

Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 250. (Elm Street)

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract for the governor’s community participation grant program contract. (Weirton Area Museum and Cultural Center)

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract for the governor’s community participation grant program contract. (Weirton Area Chamber of Commerce)

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract for the governor’s community participation grant program contract. (City of Weirton)

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract for the governor’s community participation grant program contract. (Weirton Hall of Fame)

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract of the governor’s community participation grant program contract. (Downtown Business and Civic Association)

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

The motion passed by majority, 6/0.

Resolution to authorize the purchase of one pre-owned jeep vehicle for the inspections department. (City Manager)

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract for the governor’s community participation grant program contract.

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

The motion passed by majority, 6/0.

Resolution authorizing acceptance of contract for the governor’s community participation grant program contract. (Millsop Community Center Stack)

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

The motion passed by majority, 6/0.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

ADMINISTRATIVE REPORTS:

FIRE-

Chief Lashhorn stated that he had nothing further to report.

POLICE-

Chief Marshall stated that he had nothing further to report.

LIBRARY-

Mr. Rekowski stated, “I would like to announce for everyone, this is National Library Week. It’s fine-free week, and the significance of public libraries if you come to the Mary H. Weir public library, we will forgive you fines on returned items. We are a used facility and our services are needed. You will want to have that card clean to use the books, virtual library, and DVD’s. On Wednesday I have been invited by the Weirton Rotary to speak on library services and more about the National Library Week.”

CODE –

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

PUBLIC WORKS-

Mr. Smith stated that he had nothing further to report.

Councilman Fijewski stated, “I received a few phone calls regarding Pennsylvania Ave. I think it’s important for the citizens to understand you guys have gone out there and cleaned up state roads, county roads that are really not our responsibility. I just want to say I think it looks 100% better, and I know we are hitting our heads against the wall before we expect the state or county to come and clean it. So we spend the money to do it, but the people have to appreciate that you’re doing that.”

Councilman Marsh stated, “Dave, thank you very much. This has been an unusual winter, and what’s left over….I know that you have helped a couple of my constituents in my ward with issues that they had. I appreciate your services.”

PARKS AND RECREATION-

Mr. Shingle stated that he had nothing further to report.

Councilman Ash stated, “I have asked Mr. Fijewski about this, and he told me it’s going to happen soon. I’m waiting to hear what soon is. Brookline Park, we have a tot-lot down there, you got $1,600 over a year ago and nothing’s been done.”

Mr. Shingle stated, “As soon as we can get outside, we can start this week.”

SANITARY/WATER-

Mr. Mastrantoni stated, “On the water side, we had a meeting with Councilman Marsh and several residents within his ward to discuss certain issues. We are working with the councilman and the residents and hopefully that will be resolved soon.”

Councilman Fijewski stated, “I went to the water board meeting a couple of months ago about the fire hydrant on Kathleen Way, and I see you guys are actively working on that. Thank you.”

Mayor Harris inquired if the water department advertises when they are flushing the water lines.

Mr. Mastrantoni stated that they do advertise when they will be flushing the lines. That is considered standard operating procedure.

FINANCE DEPARTMENT-

Mr. Maher stated:

General Fund cash report for March, 2010:

Beginning Cash Balance: $241,753.66

Interest on Checking: $191.01

Deposits: $1,223,008.10

Draw-downs on Investment: N/A

Disbursements: $(1,044,520.46)

Cash Balance: $420,432.31

Beginning Investment $2,583,815.15

Balance:

Interest on Investments: $7.52

Withdraws: N/A

Ending Investment $2,583,822.67

Balance:

Petty Cash: $800.00

Total Cash and Investments $3,005,054.98

Available:

There are additional bills to approve totaling $14,982.81.

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

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

The motion passed by majority, 6/0.

ADJOURNMENT

The mayor called for a motion to adjourn.

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

The motion passed by majority, 6/0.

With no further business before this April 12, 2010 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.