WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
MAY 07, 2007 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 May 07, 2007 at 7:00 P.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor Miller called the meeting to order.
Councilmembers in Attendance: 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
Councilmembers not in Attendance: Henry DeMasis Councilmember Ward 4
City Officials in Attendance: Kevin Board Utilities, Sewer John Brown Public Works Superintendent Chief Kessler Cole Weirton Fire Department Gary DuFour City Manager Beth Gaughan CDBG Administrator Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director Jeff Pierce Utilities, Water Rod Rosnick Chief Code Official Chief D. Lance Scott Weirton Police Department John Yeager City Attorney
Others in Attendance: Citizens Candidate for office Ronnie Jones Media Giovanni Rossi, Weirton Daily Times
Mayor Miller led the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember J. Miller and second by Councilmember Veltri to approve the minutes of the: April 09, 2007 – Regular Council MeetingThe motion carried, 6/0.
A motion was made by Councilmember Moore and second by Councilmember Kondik to approve the minutes of the: April 17, 2007 – Special Council MeetingThe motion carried, 6/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Miller commented, “We’re going to honor another young individual this evening. That’s Adam Saver of Troop 65. Scout Master Chuck Tenaglio, I think what we want to do is to go ahead and call you up to the podium there, and I’ll read the special award. And then I want the whole family, the whole family of scouting, the mother, the father, everybody up here so we can get a picture. And it says…City of WeirtonMayor’s AwardAdam Saver, in grateful recognition for your outstanding qualities of leadership and dedication by earning your Eagle Scout; your accomplishments and achievements deserve special recognition for this award. I deem it an honor and a privilege to present you with this Mayor’s award.My congratulations and thank you.”(Applause)Mayor Miller commented, “I’d been in Scouting probably over 20 years before I got out of it, and I’ll tell you what, it’s amazing what the Scouts do for the community. It’s very much appreciated by the City and the citizens. So, mother and father please come up, and Gio, I’ll ask you to get a picture of them and us together.”
Mayor Miller commented, “I’d like for you to talk to Council. Mother and Father, congratulations, while your son tells us what he’s done.”
Mr. Saver commented, “I built a theatrical stage at my school, Tri-State Christian Academy. The stage cost over $3,000.00 for me to build. I put a floor on it, a wood floor so they can do all of their plays and anything else they want to do. It has storage underneath the floor so they can put their tables and anything else. That’s my Eagle project.”
Mayor Miller commented, “Go get congratulated by Council and the City Attorney.”
City Council extended congratulations to Mr. Saver.
COMMUNICATIONS
Mayor Miller commented, “May 13th through May 19th is the National Police Memorial Week.” On Monday, May 14th at noon at the City Building, our Police Department will help hold their memorial service. The general public is invited as well as staff and members of Council.
Mayor Miller commented, “I’m very pleased to announce that Leadership Weirton has kicked off our campaign for cleaning up and are over in Cove Commons. The Public Works Department went ahead and took out about 40 bags of debris and leaves, as well as cutting down a tree. So, we’re hoping that the next two weeks, we can beautify our city.”
Councilmember Jerry Miller commented, “First of all, I just want to say thank you. The State of West Virginia Men’s Bowling Tournament finished yesterday. We only get this once eight or nine years. I want to thank the Mayor and Council for their support, Commissioner Danny Greathouse, Brenda Mull and the Chamber of Commerce, and the Weirton Daily Times. They gave us an initial article on this and they’re going to do a follow up for us at the end of this week. We had some good happenings in this tournament. The two state champion teams are both from Weirton. Holiday Lanes was the actual champions with an actual score for the third year in a row. They have won 5 out of the last 7, and Steel Valley Lanes had the handicapped team. So, we’ve done some good things here in Weirton with bowling. We had over a thousand bowlers here, plus all of their families and friends and what have you, and I definitely want to thank all of the businesses that took care of them. Everybody has had nothing but compliments about the City of Weirton. I’ve heard actually nothing negative about any of the businesses throughout town, and the businesses were what kept us going. They bought the ads. So, I just want to say publicly, Thank you.”
Councilmember Harold Miller commented, “I’d like to make a comment. You know, for four years I’ve…I wish Terry was here, because, Ward II doesn’t have any playgrounds, but both these gentleman, Mr. Zoros (sp) and Mr. Saver are residents of Ward II. And, without the playgrounds you see what we’ve got in Boy Scouting in Ward II. I just wanted to say, we’ve made up for it. And, the Scout Master is a resident of Ward II.”
Councilmember Kondik commented, “Do you want to repeat that? I didn’t hear what you said.”
Councilmember Harold Miller commented, “We don’t have any playgrounds in Ward II.”
Councilmember Kondik commented, “So, what happens…”
Councilmember Harold Miller, “We’re not talking about fixing the playgrounds in Ward II. We have none. But, we make up for it by having all these Eagle Scouts in Ward II. That’s better than the playgrounds.”
Councilmember Kondik commented, “Correct.”
Councilmember Moore commented, “I believe we should redistrict the city, and he can have part of Ward III, and I’ll give him a part that has a playground in it. How would that be?”
Councilmember Harold Miller commented, “That would be wonderful.”
(Laughter)
Councilmember Moore commented, “Great. We’ll work on that.”
NEW BUSINESS
Resolution: AUTHORIZING REVISTIONS TO THE 2006-2007 FISCAL YEAR GENERAL FUND AND COAL SEVERANCE FUND BUDGETS
Motion was made by Councilmember H. Miller, second by Councilmember J. Miller.
Councilmember Moore commented, “I’d like to point out that even with a $200,000.00 estimated reduction in our B & O Tax, which includes banks, utilities, and Mittal Steel, through the hard work of our department heads and the ability to get a liability carrier that saved us $140,000.00, this revision ends up totaling a net to the good of $57,325.00, which was put into contingency. Now, you took a $200,000.00 hit on your revenue side, and you still came out $57,000 to the good. So, somebody’s managing this City in a very efficient and positive fashion in my opinion.”
Mayor Miller thanked Councilmember Moore.
Roll Call Vote:
Councilmember Harold Miller Yes Councilmember Dale Moore Yes Councilmember Jerry Miller Yes Councilmember Dave Dalrymple Yes Councilmember Frank Veltri Yes Councilmember George Kondik Yes
The motion passed by majority, 6/0
RESOLUTION
TO AUTHORIZE REVISIONS TO THE 2006-2007 FISCAL YEAR GENERAL FUND AND COAL SEVERANCE FUND BUDGETS
At a regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, held on the 7th day of May 2007, the following order was made and entered:
SUBJECT: The revision of the 2006-07 Levy Estimate (Budget) for the General Fund and Coal Severance Fund Budgets. The following resolution was offered:
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that subject to the approval of the State Auditor, as ex-officio chief inspector of public offices, the Common Council of the City of Weirton does hereby direct that the budget be revised prior to the expenditure and obligation of funds for which no appropriation or insufficient appropriation currently exists, as shown on General Fund budget revision number 3, and Coal Severance Fund budget revision number 2, copies of which are entered as part of this record.
The adoption of the foregoing resolution having been moved by Councilmember __________________, and duly seconded by Councilmember_____________________, the vote thereon was as follows:
Councilmember Jerry T. Miller _______ Councilmember Harold E. Miller, Jr. _______ Councilmember Dale Moore _______ Councilmember Henry DeMasis _______ Councilmember George Kondik _______ Councilmember David Dalrymple _______ Councilmember Frank Veltri _______
Whereupon, Mayor William M. Miller declared said resolution duly adopted, and it is therefore ADJUDGED and ORDERED that said resolution be, and the same is, hereby adopted as so stated above, and the City Manager is authorized to fix his signature on the ARequest of Revision to Approved Budget@ which is to be sent to the West Virginia State Auditor for approval.
DATE: May 7, 2007 _________________________ Mayor ATTEST:
_________________________ City Clerk Resolution: AUTHORIZING THE CITY OF WEIRTON TO SERVE AS CO-SPONSOR FOR THE 2007 RENISANNCE WEIRTON FESTIVAL, JUNE 30, 2007.
Motion was made by Councilmember J. Miller, second by Councilmember Veltri.
The motion passed by majority, 6/0
RESOLUTION
AUTHORIZING THE CITY OF WEIRTON TO SERVE AS CO-SPONSOR FOR THE 2007 RENAISSANCE WEIRTON FESTIVAL – JUNE 30, 2007
WHEREAS, the Renaissance Weirton Committee is planning a Renaissance Weirton Festival for Saturday, June 30, 2007, in conjunction with the Fourth of July festivities; and,
WHEREAS, it is hoped this community endeavor will continue to be an annual event; and,
WHEREAS, the City of Weirton, in conjunction with the Renaissance Weirton Committee, will provide assistance with many of the details involved with helping to make this event successful.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager is hereby authorized to have the City of Weirton serve as co-sponsor and to expend an amount not to exceed Ten Thousand Dollars ($10,000.00) in services and/or contributions as co-sponsor of the 2007 Renaissance Weirton Festival.
Date: May 7, 2007
__________________________ Mayor
ATTEST:
___________________________________ City Clerk Resolution: TO AUTHORIZE JOINTLY SPONSORED FOURTH OF JULY FIREWORKS DISPLAY WITH THE CITY OF WEIRTON AND CITY OF STEUBENVILLE.
Motion was made by Councilmember Veltri, second by Councilmember J. Miller.
Mayor Miller commented, “I’ll say one thing. This is the third year for it, that we are going into it tandem with the City of Steubenville, and it’s a very spectacular sight. There’s the waterfall of fireworks coming from the bridge and a lot of thunder boomers. So, we hope this year will be as successful as the past two years and at the same point in time that the weather will be good for us. The bridge will shut down at 6 AM on July 4th and will open up at 6 AM on July 5th.”
Councilmember Dalrymple commented, “Mayor, the bridge that the fireworks will be shot from is the Fort Steuben Bridge. Correct?”
Mayor Miller commented, “Yes.”
Councilmember Dalrymple commented, “It was in the paper that it was the Veteran’s Bridge.”
Mayor Miller commented, “Which paper?”
Councilmember Dalrymple commented, “The Weirton Daily Times.”
Councilmember Veltri commented, “It was our mistake, because in the finance meeting, I read that it said the Veteran’s Bridge and I’m sorry that I read that…”
Mayor Miller commented, “It is the Fort Steuben Bridge. It’s the third year for it. If we shut down the Veteran’s Bridge for 24 hours there will be a little trouble on the east side and the west side.”
The motion passed by majority, 6/0
RESOLUTION
TO AUTHORIZE A JOINTLY-SPONSORED FOURTH OF JULY FIREWORKS DISPLAY BY THE CITY OF WEIRTON AND THE CITY OF STEUBENVILLE
WHEREAS, it appears to be in the best interest of the citizens of the City of Weirton that the 2007 Fourth of July fireworks display be jointly sponsored by the City of Weirton and City of Steubenville; and,
WHEREAS, said display shall be held on Wednesday, July 4, 2007; and,
WHEREAS, arrangements are currently under way by the City of Weirton and City of Steubenville to utilize the Fort Steuben Bridge as a display site.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that a jointly-sponsored Fourth of July fireworks display by the City of Weirton and City of Steubenville be authorized to be held on Wednesday, July 4, 2007.
BE IT FURTHER RESOLVED THAT the City of Weirton’s portion of funding for the display shall be Nine Thousand Dollars ($7,000 from the City of Weirton and $2,000 from the Weirton Board of Parks and Recreation).
Date: May 7, 2007
____________________________ Mayor
ATTEST:
______________________________________ City Clerk
Resolution: TO ENTER INTO AGREEMENT FOR OPERATION, MAINTENANCE AND REPAIR COST SHARE PROGRAM FOR HARMON CREEK WATERSHED STRUCTURES.
Motion was made by Councilmember Moore, second by Councilmember H. Miller.
Councilmember Moore commented, “I believe this is the same agreement we’ve had for several years. It’s just now we’ve actually reduced it to writing. Is that correct?”
Ms. Means commented, “Correct. And, it is already budgeted in your new fiscal year.”
The motion passed by majority, 6/0
RESOLUTION
TO ENTER INTO AGREEMENT FOR OM & R COST SHARE PROGRAM FOR HARMON CREEK WATERSHED STRUCTURES
WHEREAS, the City of Weirton is the owner and operator of six (6) flood-water retarding structures located within the Harmon Creek Watershed; and,
WHEREAS, the City has been responsible for the Operation Maintenance and Repair (OM & R) of these structures pursuant to an agreement entered into in 1966; and,
WHEREAS, through funding, the West Virginia Legislature has enabled the West Virginia Conservation Agency, hereinafter referred to as WVCA, and the Northern Panhandle Conservation District, hereinafter referred to as NPCD, to provide match funding for the OM & R Watershed Program; and,
WHEREAS, the City of Weirton will contribute Ten Thousand Dollars ($10,000) for fiscal year 2007-2008 to this Cost Share Program and said funds shall be deposited in an interest bearing account with match funding from the WVCA/NPCD. These funds shall be used for annual and future OM & R.
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 and is hereby authorized to enter into agreement with the WVCA and the NPCD in the amount of Ten Thousand Dollars ($10,000) for the OM & R Cost Sharing Program. Said contribution is a budgeted item and shall be paid by the General Fund.
Date: May 7, 2007
_________________________________ Mayor
ATTEST:
_________________________________ City Clerk Resolution: TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PERSUANT TO ORDINANCE NO. 250. (Alice J. Angelo, 3420 West Street, Map: W42S Parcel: 0035
Motion was made by Councilmember Moore, second by Councilmember J. Miller.
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
WHEREAS, Ordinance 250, which was enacted pursuant to the provisions of Chapter 8, Article 12, Section 16 of the Code of the State of West Virginia, provides for the demolition of unsafe, unsanitary, and dangerous structures; and,
WHEREAS, the Common Council of the City of Weirton has determined, in accordance with Article 1783 of the City of Weirton Building Code, that the cost of demolition of the following structure was properly incurred for the demolition of unsafe, unsanitary and dangerous structures.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Clerk of the City of Weirton is hereby directed to record liens in the County Court of Hancock County, West Virginia to recover costs expended by the City of Weirton incurred for the demolition of the structure situated on the following described property:
Owner Description of Property Amount of Lien Alice J. Angelo Map #W42S - Parcel #0035 $ 3,905.00 (3420 West Street)
This resolution shall become effective immediately upon passage.
DATE: May 7, 2007
______________________________ Mayor
ATTEST:
________________________________________ City Clerk
State of ____________ County of __________, to-wit:
The foregoing was acknowledged before me this __________ day of ___________, 2007 by ______________________________ and ________________________________.
______________________________ Notary Public
My Commission Expires: ______________________. Resolution: TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT FOR THE DEMOLITION SERVICES FOR THE REMAINING STRUCTURES IN KINGS CREEK DAMAGED IN THE 2004 FLOODS UTILIZING HAZARD MITIGATION GRANT FUNDING.
Motion was made by Councilmember H. Miller, second by Councilmember Dalrymple.
Councilmember Moore commented, “The additional funds. The City Manager talked to FEMA, and they have agreed that they will be forthcoming with additional funds to finish this project.”
Mr. DuFour commented, “We have an additional $25,000.00 which they have allocated based on requests after we saw the bids. It’s available to draw down.”
The motion passed by majority, 6/0
RESOLUTION
TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT FOR DEMOLITION SERVICES FOR REMAINING STRUCTURES IN KINGS CREEK DAMAGED IN 2004 FLOODS UTILIZING HAZARD MITIGATION GRANT FUNDING
WHEREAS, the City of Weirton has been awarded funding through the Hazard Mitigation Grant Program; and,
WHEREAS, said program includes the purchase of six parcels of property along the Kings Creek area of the City of Weirton which received considerable damage during the September 17, 2004 flooding; and,
WHEREAS, the necessary legal documentation required for the transfer of these parcels of property to the City of Weirton has been prepared; and,
WHEREAS, structures still situated on said properties are ultimately to be demolished, and proposals for said services were solicited.
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 enter into contract with JAMES WHITE CONSTRUCTION COMPANY, 4156 Freedom Way, Weirton, WV 26062 in an amount not to exceed Thirty Two Thousand Dollars ($32,000.00) for said demolition project.
BE IT FURTHER RESOLVED THAT funding for said project shall be allocated from the Hazard Mitigation Grant Program.
Date: May 7, 2007
_____________________ Mayor
ATTEST:
_________________________ City Clerk Ordinance No. (NEW) AUTHORIZING THE CITY MANAGER TO CONVEY THE COVE SCHOOL PROPERTY TO THE WEIRTON REDEVELOPMENT AUTHORITY.
Motion was made by Councilmember Dalrymple, second by Councilmember J. Miller.
Councilmember Kondik commented, “Did everybody get that study in their packets last week? Did everybody get one? I didn’t know if they were sending the pack…the study just to the Planning Commission or to everybody. Did everybody get a study on it?”
Councilmember Moore commented, “The Redevelopment Authority study?”
Councilmember Kondik commented, “Yes. Everybody got one?”
Councilmember Moore commented, “And, I mean, honestly, this…”
Councilmember Kondik commented, “I don’t have it with me. Does anybody have it?”
Councilmember Moore commented, “I don’t have it with me.”
Mayor Miller commented, “Wouldn’t it be in the packet?”
Mr. DuFour commented, “It was a separate study. I think what was envisioned in that…I don’t think you have…designation. The Redevelopment Plan was pending going to the Planning Commission to review for resubmission here to Council at its June meeting to hopefully be approved by resolution. And, if I could extend the remark, this ordinance ties directly into that plan. It would make available to the Redevelopment Authority property which they can market whether the building is removed, that is if Cove School is removed, or if still standing, will have the ability to market that building with more flexibility than the City could possibly have. We can only bid excess property. They can negotiate leases and other terms of sale with preferred developers. So, this will actually tie into their plan based on a primary site for one of the redevelopment areas of downtown. You’ll see that in plan when it gets here.”
Councilmember Kondik commented, “Because they had a line item of $60,000 to tear down…the demolition of Cove School.”
Mr. DuFour commented, “OK. I don’t know…”
Councilmember Kondik commented, “Beth. Do you have that study with you?”
Ms Gaughan commented, “No.”
Mr. DuFour commented, “I don’t know what their line was. But, I will tell you that we have applied to the EPA for a grant of $240,000.00 to match with $40,000.00 from the City. And, we’re told the estimated value of a demolition, if it’s approved, is $240,000.00.”
Councilmember Kondik commented, “Is that the line item? Is that the line item, $60,000.00, for that?”
Mr. DuFour commented, “They showed it, but it will actually come from the City. We will match it with demolition funds.”
Councilmember Moore commented, “As Gary said, it gives considerably more flexibility with how the property is disposed of. And, we’re seeing this at all levels of government. Hancock County is turning the Sheltered Workshop over to the Hancock County EDA, because they can’t directly transfer it to the Sheltered Workshop. They would have to put it out for bid as excess property. The Sheltered Workshop may not be able to be the high bidder on the property. But, this, through the EDA, that allows for much more flexibility to transfer that property to the Sheltered Workshop. We saw what happened in Wellsburg when the pool property, the recreation property, was not put up for auction. They ended up having a lawsuit, and having that sale overturned. So, by moving this property to Redevelopment, it gives a lot more flexibility and latitude with what may become of that property and in what form it may take.”
Mr. Yeager commented, “One of the other things you avoid is what if you had to auction it and some irresponsible party bought it. Maybe they used all the money to buy it and couldn’t put anything into improving it or tearing it down. Now, what you get is a right to chase them for several more years to make them, bring them into compliance or demolish it. So, it just makes the problem worse. And, if you will remember, there was a fellow, who is now deceased, who owned property in Weirton, Steubenville and Wheeling, and they were all just problems all the time that he owned them. And, if a fellow like that would have bought this, would have kept it, and would have allowed it to deteriorate further, all you have is the right to sue him.”
Councilmember Moore commented, “So, it would be more likely to be put to its best possible use by turning it over to Redevelopment and have that discretion rather than the government which has to take the highest bidder.”
Councilmember Harold Miller commented, “This is not the first time this Council has done this. Our first year in office, we did that with a piece of property across the street from the City Building on the other side of Cove Road which used to house the old fire station. I don’t know if many of you remember that. And, we did the same thing. We transferred it to the Redevelopment Authority and gave them the ability and flexibility to do things with it. The other thing we looked at was when we took the parking out of downtown, all the parking, off-street parking on West Street, we looked at the possibility of turning that over to the Redevelopment Authority in the same manner. That was the plan when we eliminated the parking on Main Street. So, it’s not the first time that we’ve done it.”
The motion passed by majority, 6/0. Ordinance: (First Reading) Emergency Reading AMENDING SECTION 731.01 TO REQURE THAT CARNIVALS AND CIRCUSES PROVIDE TOILET FACILITIES FOR THEIR CUSTOMERS.
Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.
Councilmember J. Miller commented, “The reason for this ordinance is the carnival that was here a couple of weeks ago. For whatever reason they came into town, and after checking with the Hancock County Health Department and the City of Weirton’s Inspections Department, and neither department had any kind of control over this. And, we had a carnival up her with kids from wee tiny to older people with no restroom facilities at all available. So, this is to try to kind of hit that in the bud, so that doesn’t happen again.”
Roll Call Vote
Councilmember George Kondik Yes Councilmember Frank Veltri Yes Councilmember Dave Dalrymple Yes Councilmember Jerry Miller Yes Councilmember Dale Moore Yes Councilmember Harold Miller Yes
The motion passed by majority, 6/0
ORDINANCE NO. ____
EMERGENCY ORDINANCE AMENDING SECTION 731.01 OF THE WEIRTON, WEST VIRGINIA CODE OF ORDINANCES TO REQUIRE THAT CARNIVAL AND CIRCUSES PROVIDE TOILET FACILITIES FOR THEIR CUSTOMERS
WHEREAS, City Council has the power, under the Charter of the City of Weirton, Article VI, section 4, to pass emergency ordinances upon one reading at any regular or special meeting of Council; and
WHEREAS, Council has identified and emergency in the fact that no enforceable law exists which requires carnivals or circuses which set up in the city to have toilet facilities for their customers, although they sell food and drink; and
WHEREAS, the situation presents a problem for customers who may attend the carnival or the circus in this city and who may need to use toilet facilities but who find that none are available in close proximity to the entertainment they have come to see or engage in;
Now, therefore, the City Council is of the opinion that an emergency exists and that the situation which causes the problems referred to in the next two paragraphs above should be dealt with by the passage of an amended version of section 713.01 of the Code of Ordinances of the City of Weirton, which shall read as follows:
Ҥ 713.01 LICENSE FEE.
“a. For any license to operate a circus within the city, the daily license fee shall be $100 and for any license to operate a carnival, the daily license fee shall be $100; provided, however, that no license shall be issued to any circus or carnival which maintains any gambling games or devices or which provides entertainment which is of an immoral nature or which tends to corrupt the morals of the public as a whole.
“b. Any license so issued may be cancelled if such circus or carnival maintains gambling games or devices or provides entertainment which is of an immoral nature or which tends to corrupt the morals of the public as a whole.
“c. The application for a license to operate a circus or carnival within the city shall contain a place for the reporting of the number of toilet facilities which are to be provided for the public. No license shall be granted if at least six (6) Porta-Johns or similar toilet facilities are not provided for the use of the public, of which at least one must be handicapped-accessible.
('71 Code, § 713.01) (Ord. 118, passed 8-10-59) (Ord. , amended and passed on 5-7-07 at emergency reading)
“Statutory reference: Authority to license, see W. V. Code §§ 8-13-4 and 11-12-4”
In accord with Charter of the City of Weirton, Article VI, section 8 this Ordinance shall become effective immediately upon passage.
FIRST READING: May 7, 2007
Mayor ATTEST:
City Clerk
SPONSORED BY COUNCILMAN JERRY MILLERResolution: TO AUTHORIZE THE CITY MANAGER TO ENTER INTO CONTRACT FOR THE PURCHASE A NEW AIR CONDITIONING UNIT FOR THE WEIRTON FIRE DEPARTMENT HEADQUARTERS.
Motion was made by Councilmember Moore, second by Councilmember Veltri.
The motion passed by majority, 6/0
RESOLUTION
TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT FOR NEW AIR CONDITIONING UNIT FOR WEIRTON FIRE DEPARTMENT HEADQUATERS
WHEREAS, the air conditioning unit located at the Weirton Fire Department Headquarters building is in need of replacement; and,
WHEREAS, quotations have been received for the replacement of said air conditioning unit.
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 enter into contract with AIR EXCELLENCE, 525 N. Fifth Street, Steubenville, OH 43952 in the amount of Three Thousand Two Hundred Sixty Two Dollars ($3,262.00) for the replacement of the air conditioning unit at the Weirton Fire Department Headquarters.
BE IT FURTHER RESOLVED THAT said purchase shall be funded utilizing budgeted dollars from the 2006-07 fiscal year.
Date: May 7, 2007
________________________________ Mayor
ATTEST:
_______________________________________ City Clerk Resolution: TO ENTER INTO AGREEMENT WITH ALLEGHENY POWER COMPANY FOR UTILITY LINE RELOCATON FOR THE PENCO ROAD IMPROVEMENT PROJECT.
Motion was made by Councilmember Moore, second by Councilmember J. Miller.
Councilmember Moore commented, “This is part of the Streetscape Project. The City’s contribution will be 20% towards this. It’s $11,469.00. The balance will come out of the Streetscape Grant that was obtained by Senator Bowman.”
The motion passed by majority, 6/0
RESOLUTION
RESOLUTION TO AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH ALLEGHENY POWER FOR RELOCATION OF UTILITY LINES
WHEREAS, the City of Weirton has embarked on a project to improve that public street known as Penco Road; and
WHEREAS, the Mayor and City Manager have been working closely with Allegheny Power in order to arrange the relocation of power poles from the islands in the middle of Penco Road; and
WHEREAS, Federal Transportation Enhancement funds are available on an 80% Federal and 20% local matching basis for this work; and
WHEREAS, Allegheny Power has tendered an cost estimate to the City in the amount of Fifty Seven Thousand three Hundred Forty Four dollars ($57,344.00), which is appended hereto as an exhibit for the utility line relocation; and
WHEREAS, the City’s portion of the estimated cost for the project shall be Eleven Thousand Four Hundred Sixty Nine Dollars ($11,469.00).
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, THAT the City Manager is hereby authorized to enter into agreement with Allegheny Power Company in the amount of Eleven Thousand Four Hundred Sixty Nine Dollars ($11,469.00) as its share of the cost of a utility line relocation in connection with the Penco Road project.
DATE: May 7, 2007
MAYOR
ATTEST:
_______________________ CITY CLERK Resolution: (Emergency Reading) AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER FOR THE FILLING OF DITCHES WHICH ENDANGER SANDY LANE.
Mr. Maher commented, “The reason for the emergency reading is we won’t be going out to bid in the customary way due to the nature of the emergency subject material.”
Mayor Miller commented, “We will lose part of the road over there if it’s not done quickly.”
Motion was made by Councilmember Moore, second by Councilmember Dalrymple.
Councilmember Moore commented, “One comment. John Brown needs credited for this. He saw there was an issue. He knew there were funds available in that FEMA line item. If we’d lose that street, it would cost us up to $100,000.00 to replace it. John has taken bids. The problem is that the emergency nature of it is that we can’t advertise for bids. We don’t have time to go through the normal advertising process, bid opening process, and awarding. Because, we could at any rain lose a section of Sandy Lane where there are homes involved. John Brown clearly, honestly found the funding for the project, designed the project, and brought the project forth. So, if there’s any, who needs credit for this. It’s John Brown. This is one that he is going, in essence, save the city, honestly, the whole cost, because the balance of that was sitting in a line item that was unused FEMA money. So, thank you John for your hard work.”
Mr. Brown commented, “Thank you Councilman.”
Mayor Miller commented, “The rest of Council and the City Administration thank you John.”
Roll Call Vote
Councilmember Dave Dalrymple Yes Councilmember Frank Veltri Yes Councilmember George Kondik Yes Councilmember Harold Miller Yes Councilmember Dale Moore Yes Councilmember Jerry Miller Yes
The motion passed by majority, 6/0
EMERGENCY RESOLUTION AUTHORIZING CITY MANAGER TO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER FOR FILLING OF DITCHES WHICH ENDANGER SANDY LANE
WHEREAS, City Council has the power, under the Charter of the City of Weirton, Article VI, section 4, to pass emergency measures upon one reading at any regular or special meeting of Council; and
WHEREAS, Council has identified an emergency in the fact that ditches along that street known and identified as Sandy Lane have become enlarged as a result of erosion. They are reaching the point where additional erosion has the real potential to cause part of Sandy Lane to collapse during the current cycle of heavy rains. The Public Works Department has estimated the cost of such a collapse, if it occurs, would exceed One Hundred Thousand Dollars ($100,000.00); and
WHEREAS, the City has available to it approximately Twenty-eight thousand four hundred twenty dollars ($28,420.00) in Federal Emergency Management funds which can be used for the purpose of making these repairs; and
WHEREAS, the ordinary policy followed by the City is to advertise such a job for bids in a formal bidding procedure, which Council hereby finds unacceptable in the present situation because of the danger of road collapse. Efforts have been made to secure bids without advertising, and two bids have been received, totaling the sum of about Twenty-eight thousand four hundred twenty dollars ($28,420.00).
NOW, THEREFORE, BE IT RESOLVED THAT the City Council is of the opinion that an emergency exists and that the situation which causes the danger of the collapse of part of Sandy Lane demands the acceptance of the bid of the lowest responsible bidder without resort to the bidding process which is ordinarily followed for the performance of services. Council hereby authorizes the City Manager to enter into a contract with the lowest responsible party bidding for this job as soon as possible, with the understanding that the price for the contracted services shall not exceed the amount of Twenty-Eight Thousand Four Hundred Twenty Dollars ($28,420.00).
Date: May 7, 2007
_______________________ Mayor
ATTEST: ________________________ City Clerk Resolution: TO APPROVE THE 2007-2008 CDBG BUDGET.
Motion was made by Councilmember Veltri, second by Councilmember J. Miller.
The motion passed by majority, 6/0
B-07
COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG)
RESOLUTION
WHEREAS, under Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of the U.S. Department of Housing and Urban Development is authorized to extend financial assistance to communities for the prevention or elimination of slums or urban blight, or activities which will principally benefit low and moderate income persons, or other urgent community development needs; and
WHEREAS, the U.S. Department of Housing and Urban Development has advised the City of Weirton, as an entitlement community has an allocation of $502,907 of Community Development Block Grant (CDBG) funds for the B-07 program year and $30,200 of reprogrammed funds, and program income $11,000; and
WHEREAS, the City of Weirton’s Development Office has prepared an Annual Action Plan for Fiscal Year 2007 and the reformatted it’s 2005-2009 Five Year Consolidated Plan, which proposes how the entitlement grant will be expended to address the housing and community development needs identified in the City’s Five Year Consolidated Plan; and
WHEREAS, prior to obligating any of the funds, an Annual Action plan for expenditure of funds must be prepared and submitted to HUD Pittsburgh, and
WHEREAS, drafts of the FY 2007 Annual Action Plan and the Reformatted 2005-2009 Five Year Consolidated Plan, were on public display from April 6, 2007 through May 7, 2007 and the City held a series of public meetings and hearings on the said Plans and the comments of various agencies, groups, and citizens were taken into consideration in the preparation of the final documents; and
WHEREAS, the City of Weirton has followed the process and met the requirements prescribed by HUD for the adoption of the FY 2007 Annual Action Plan and the Reformatted 2005-2009 Five Year Consolidated Plan, amendments to the existing programs and the subsequent administration of these funds including:
1. Holding a public informational meeting and hearing on the preliminary budget proposal and giving public notice on the availability for review of this FY 2007 Annual Action Plan and the Reformatted 2005-2009 Five Year Consolidated Plan.
2. Following a Citizen’s Participation Plan which meets HUD requirements.
3. Structuring the expenditure of funds so as to maximize benefit to low and moderate-income families.
4. Maintaining a Housing Affordability Strategy and affirmatively furthering fair housing.
5. All other rules, regulations and executive orders that may apply to the use of Community Development Block Grant funds.
WHEREAS, the allocation of the B-07-MC funds has been budgeted as follows:
§ PLANNING AND ADMINISTRATION – Objective: To ensure proper administration of HUD funded programs. General Administration: $ 45,000 Fair Housing $ 2,500 Sub Total: $ 47,500
§ PUBLIC SERVICES – Objective: To upgrade the level of public services, particularly family development, social and educational services to the needy, in an effort to improve the quality of life for those persons. Housing Authority – Public Housing Bus Passes $ 4,000 CHANGE, Inc. – Mario T. Pipinos Center $ 7,500 Park Board – Recreational Passes $ 6,000 Dunbar – Neighborhood Center $ 14,000 Weirton Police Department – Foot Patrol $ 12,000 City Social Services $ 17,000 Weirton Senior Citizens’ Center Utilities $ 7,000 Sub Total $ 67,500
§ PUBLIC FACILITIES – Objective: To improve overall quality of facilities in neighborhoods. Sheltered Workshop ADA Restroom $ 16,500 Weirton Senior Citizens’ Center Building Acquisition (multi-year) $ 25,000 Public Works – Street Paving $ 83,350 Fire Department – Ladder Truck (multi-year) $ 141,000 Fire Department – Pumper (multi-year) $ 30,000 Sub Total $ 296,000
§ HOUSING – Objective: To stabilize neighborhoods by improving the usable housing stock in existing neighborhoods citywide. Inspections Department – Code Enforcement $ 30,000 First Time Homebuyer (CDBG Funds) $ 59,107 Homebuyer Management $ 44,000 Sub Total $ 133,107
The following projects and budget amounts are identified as changes or amendments to the B-03, B-04, B-05 CDBG Program Years:
CDBG Amendments and Reprogrammed Funds
Total Funds to be Reprogrammed to FY 2007 CDBG Program = $30,200
WHEREAS, the Common Council of the City of Weirton has reviewed this budget and declares it reasonable, necessary and in the best interest of the citizens of the city.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, AS FOLLOWS:
SECTION 1. That the Annual Action Plan for the Fiscal Year 2007 CDBG Program, the Reformatted 2005-2009 Five Year Consolidated Plan, and the Program Budget Amendments are hereby in all respects APPROVED.
SECTION 2. That the City is COGNIZANT of the conditions that are imposed in the undertaking and carrying out of the CDBG program with Federal financial assistance, including those relating to (a) the relocation of site occupants, (b) the prohibition of discrimination because of race, color, age, religion, sex, disability, familial status, or national origin, and (c) other assurances as set forth under the certifications.
SECTION 3. That the City Manager, on behalf of the City of Weirton, West Virginia, is AUTHORIZED to file an application for financial assistance with the U.S. Department of Housing and Urban Development which has indicated its willingness to make available funds to carry out the CDBG Program in the amount of $502,907, reprogrammed funds in the amount of $30,200, and program income in the amount of $11,000.
SECTION 4. That the City Manager, on behalf the City of Weirton, West Virginia, is AUTHORIZED to provide assurances and/or certifications as required by the Housing and Community Development Act of 1974, as amended; the National Affordable Housing Act of 1990, as amended; and any other supplemental or revised data which the U.S. Department of Housing and Urban Development may request in review of the City’s application.
SECTION 5. That the City Manager on behalf of the City of Weirton, West Virginia, is Authorized to execute all agreements, and documents, carry out other activities, and executive and submit documents which implement the intent of this resolution related to the FY 2007 Annual Action Plan, the Reformatted 2005-2009 Five Year Consolidated Plan, and Amendments for HUD funding and Requirements for Program Year B-07-MC.
ADOPTED THIS 7TH DAY OF MAY, 2007 AT A REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA.
DATE: May 7, 2007
________________________________ William M. Miller, Mayor
ATTEST:
________________________________ City Clerk
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
WEIRTON PLANNING COMMISSION
Ron Zellars 104 Vista Drive Weirton, WV 26062 Reappointment 07/01/2007 to 06/30/2010
Motion was made by Councilmember Kondik, second by Councilmember J. Miller. Motion was carried by majority, 6/0.
Ray Gajtka 283 Bell Blvd. Weirton, WV 26062 Appointment 07/01/2007 to 06/30/2010
Motion was made by Councilmember Dalrymple, second by Councilmember Kondik. Motion was carried by majority, 6/0.
WEIRTON AREA WATER BOARD
James Shockley 1332 Elmhurst Weirton, WV 26062 Reappointment 06/01/2007 to 05/30/2012
Motion was made by Councilmember Kondik, second by Councilmember Moore. Motion was carried by majority, 6/0.
HUMAN RIGHT COMMISSION
Tamara Jones 307 Heathermoor Drive Weirton, WV 26062 (Sponsored by Councilmember Moore) Appointment 07/01/2007 to 06/30/2010
Motion was made by Councilmember Moore, second by Councilmember J. Miller. Motion was carried by majority, 6/0.
Bill Zanieski 159 McKinley Road Weirton, WV 26062 (Sponsored by Councilmember Kondik) Appointment 07/01/2007 to 06/30/2010
Motion was made by Councilmember Kondik, second by Councilmember H. Miller. Motion was carried by majority, 6/0. WEIRTON HOUSING AUTHORITY
Jim Davis 105 Terry Court Weirton, WV 26062 Reappointment 07/01/2007 to 05/30/2012
Motion was made by Councilmember H. Miller, second by Councilmember J. Miller. Motion was carried by majority, 6/0.
ADMINISTRATIVE REPORTS
Mr. Brown commented, “Mayor, I’d like to thank the Mayor, the City Manager and Council for your support on my appointment to the Public Works Director and for your comments Councilman Moore. I appreciate it. This helps me do the job. We’ve had a very, very successful auction as you can see, almost $40,000.00. That was an idea by your City Manager, Gary DuFour, to seek the services of Reverend Westling. He has a church on Marland Heights and he’s also an auctioneer. I think he’s a gentleman and a scholar. I was very impressed by him. So, Public Works is clean. We have maybe two small vehicles left. Everything was gone within 6 days. I also have within a couple of weeks surveillance cameras coming to Public Works. That was an idea by Mayor Miller. When we get our heads together, the Department Heads, we talk business. And, I assure you that Public Works is not out of business. I’m there with the men every morning. (Unintelligible) My door is open. I’m on call. Our milling and paving, (unintelligible), it’s progressing super. And, I’d like to thank the Weirton Times for the coverage, not only of Carl Kelly Paving for our program throughout the city, but also the paving crews. So, thank you gentleman very much.”
Mayor Miller commented, “Thank you John. Thank you for your good work.”
Councilmember Veltri commented, “John, I want to congratulate you to for the good job that you guys are doing in Public Works there, all the patching and milling and paving. You guys are really doing a good job, so I want to congratulate you and the department.”
Mr. Brown commented, “Thank you.”
Chief Cole commented, “Council, just to make you aware, Mayor and Council, that (unintelligible) has been taking place at Gilson Avenue. We’re going through a management training course. It’s going on for the last five or six days. I believe it will conclude at week’s end.”
Chief Scott commented, “I have nothing additional sir.”
Mr. Pierce commented, “Mayor, I’d like to make you and Council aware that work is progressing on Belleview Tank. As everyone is aware, the tank is elevated up into position. The inside structure is part of the tank area, the floor, and the support for the ceiling have all been installed. In about two weeks the painters will be back. They will continue to paint the inside of the tank. Everything is on schedule for mid July.”
Mayor Miller commented, “Mid July. There’s a question from the City Manager.”
Mr. DuFour commented, “Just real quick Jeff. I got your notice today on the water shutoff that’s related to the Pennsylvania Avenue work. Are the contractors going to notify the businesses? I know that most of those are after…its 9:00 PM till what 9:00 AM the next morning…Wednesday at 9 PM until Thursday at 9 A. Some of those businesses do operate in the evening. Does the contractor give them notice?”
Mr. Pierce commented, “What’s been done so far is we’ve put a press release in the paper, and we’ve also printed up a notice to those businesses. And, Ron correct me if I’m wrong, those notices are given to the contractor so he can pass those out to the businesses. So, we have taken care of that.”
Mr. Board commented, “We have received several shipments of equipment on the new ATAD Project. The contractor moved on site today to start with the tank erection. So, they will be on site for the next two weeks until after the tank is (unintelligible). There will be other contractors (unintelligible).”
Mayor Miller commented, “When do you feel (unintelligible).”
Mr. Board commented, “We have 180 days, so October, November.”
Mayor Miller commented, “Close to the end of the year.”
Mr. Board commented, “Yes.”
Mayor Miller commented, “OK. Good. Thanks Kevin.”
Mr. Rosnick commented, “I have nothing to add to the report sir.”
Ms. Gaughan commented, “Nothing further.”
TREASURER’S REPORT
Valarie Means gave the treasurer’s report for April 2007, stating:
Beginning Cash Balance: 735,022.97 Interest: 1,736.87 Deposits: 853,009.11 Disbursements: 1,131,383.28 Ending Cash Balance: 458,385.67 Investment Balance: 1,310,471.06 Petty Cash Fund: 700.00 Total Cash and Investments Available: 1,769,556.73
Ms. Means commented, “There are two invoices to be approved also in the packet.”
Councilmember Moore commented, “Val, I assume that we didn’t show interest on investments because we closed so close to the…”
Ms. Means commented, “Yes. I don’t have my statements.”
Motion was made by Councilmember J. Miller to accept the financial reports and pay the two invoices, second by Councilmember Moore.
Motion was carried by majority, 6/0.
Motion was made by Councilmember Dalrymple to accept all department head reports, second by Councilmember J. Miller.
Motion was carried by majority, 6/0.
ADJOURNMENT
With no further business before this April 07, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
|