WEIRTON CITY COUNCIL

COUNCIL MEETING - REGULAR

June 12, 2006 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 June 12, 2006 at 7:05 P.M. in Council Chambers of the City of Weirton Municipal Building.

Mayor Miller 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

Kessler Cole                               Fire Chief

Gary DuFour                              City Manager

Beth Gaughan                            CDBG Administrator

Thomas J. Maher, Jr.                  City Clerk

Valerie Means                             Finance Director

Rick Ohalek                                Sanitary Board

Rik Rekowski                             Mary H. Weir Public Library

Rod Rosnick                               Chief Code Official

Lance Scott                                Police Chief

Terry Weigel                              Parks and Recreation Director

John Yeager                               City Attorney

Others in Attendance:

Craig Howell                              Weirton Daily Times

Dan Greathouse                         Hancock County CVB

Citizens

Mayor Miller led the Pledge of Allegiance.

APPROVAL OF MINUTES

A motion was made by Councilmember J. Miller and second by Councilmember Kondik to approve the minutes of the:

May 08, 2006 – Regular Council Meeting

The motion carried, 7/0.

MAYOR’S AWARDS AND PROCLAMATIONS

NONE

COMMUNICATIONS

Mayor Miller commented, “I just have one item.  The City is trying to…uh…clean up and beautify the area…uh…surrounding the City.  Penco Road…we have hanging baskets…uh…Main Street…we have hanging baskets.  We’ve got volunteer groups…uh…planting flowers…uh…Post 10, Carol Kennedy, the Chamber, and as well as Mittal Steel now are…are in the fold, and are trying to get Main Street taken care of.  I had a conversation with…uh…Danny Greathouse…uh…CVB.  We want to start from Wellsburg and go all the way up to Chester…Route 2…each of the cities and communities…take a look at that area and get it cleaned up…spruced up…and…uh…just kind of…uh…make it pleasurable for visitors coming into the area to…uh…see how nice it really is.  So, we will have banners up in the city…uh…50 of them along the poles on Main Street.  And, we will have the city street sweeper and/or sidewalk sweeper out.  Main Street’s going to get hit within the next two weeks.  We want to take a…take a look at our city and be part of the expose that says…you know…we are here…we want to tidy up and we certainly…Councilman Kondik had said…you know…they cleaned up…the Rotary Club.  Did they not?  All the way up Marland Heights, but…uh…then again…uh…as Pogo said, ‘I have found the problem, and he is us, the humans.’  You’ve got 90 percent of the people that want to go ahead and take care and take pride in their city, but you’ve got certain other people that don’t.  But, we’re going to…we’re going to do all we can to clean up the area, and…uh…I thank those that are jumping in and helping us.  So…”

Councilmember Kondik commented, “You know Mayor.  On that…uh…on that note I would like to say about the…uh…Mark Cummings’ article…letter to the editor…um…about feeling…um…taking offense to the comments that were made…made in the paper.  Actually, I’m going to applaud the guy and thank him for making me aware of some of the things that I obviously didn’t realize.  So, I…I…I wish more people would take…um…offense and…uh…write letters like this.  I applaud him.  I really do.”

Mayor Miller commented, “Well it’s taking an interest in the community.  Constructive criticism never hurts anybody, and we do what we can to make sure.  Certainly we want to join with the other cities as well as the Hancock County Commissioners and Brooke County Commissioners to give Route 2 a seriously take a look at from city to city all the way up, so.  Any more comments on communications gentlemen?”

Councilmember Harold Miller commented, “I would just like to say…uh…as a representative of the…uh…Renaissance Weirton Committee that…last week at our meeting we voted to…um…donate $2,000.00 towards the flag program that the chairman…the Chamber of Commerce is…uh…is…uh…going forward with.  And, that’s to have entrances of Weirton to say, ‘Welcome To Weirton,’ and center business district will have multicolored flags that will be placed.  I just wanted to say that the Renaissance Committee did that.

Also, of course, we have our big holiday weekend coming up, and I think it’s a great of weekend for the City of Weirton.  July 1^st is certainly the Fourth of July Parade, and then the Renaissance Festival.  We’ve got the Wheeling Symphony on the 3^rd, I believe.  And, then on the 4^th…uh…the fireworks with…uh…the City of…uh…Steubenville and Weirton off the bridge again this year.  Right Mayor?”

Mayor Miller commented, “That is correct.”

Councilmember Harold Miller commented, “So…uh…it’s a…it’s a great weekend for the City of Weirton.”

Mayor Miller commented, “I want to clarify one point…uh…with the…with the Chamber.  They…they are in partnership with the City.  The City is putting up the funding between Renaissance and Mayor’s Beautification concept.”

Councilmember Harold Miller commented, “I thought…I thought that you were lending the electricians to do the pole…”

(LAUGHTER)

(CROSSTALK)

Councilmember DeMasis commented, “Hey…uh…Bubba, I thought that’s a good idea.  I’d seen that the paper, you know.  But, you know, I have the downtown area.  That’s a good idea.  Don’t get me wrong.  I think the American flag should be up there always.  But, the thing that I’m…I’m a little…uh…concerned about is…I guess you’re trying to make one street beautiful…beautified in the downtown area, and that’s it.  Right?  That’s it.

Mayor Miller commented, “No.”

Councilmember DeMasis commented, “No where else?”

Councilmember Harold Miller commented, “No.”

Mayor Miller commented, “Not necessarily…”

Councilmember DeMasis commented, “The Catholic priest told me please and this and that.  Here I go again, but I can’t help it.  I get tons of phone calls.  You know, people are right.  We’ve gotta take care of our city.  If it’s gonna be done (unintelligible), then let’s do it.  This is fine, here.  It’s a nice day, a holiday for people to come out, go out and cheer and loosen up a little.  I don’t think that’s great.  But we’ve gotta take care of the back streets also.  People live back there also.  And, I’ll tell you.  They’re mostly older people, and they don’t deserve it.  They can’t go out there and do some of the work.  They can’t go out there to be able to cut grass.  So, it’s our turn to take care of ‘em.  That’s…what…how this country was built.  I think that’s the only way we’ve gotta do it Mayor.  Believe me.  I’m…I’m getting tired of coming in, getting the phone calls, but I still accept the phone calls.  You know people, I’m telling you, I feel sorry for you.  Americans!  You’ve gotta go out there and beg for something in this town.  This town could be beautiful.  It can.  It shows that.  It could, it could widen out, get large and everything.  And, I’ll tell you what, it could be a beautiful town.”

Councilmember Moore commented, “Exactly what is it that… Are we not running the street sweeper on those streets John?”

Councilmember DeMasis commented, “Never seen it yet.”

Councilmember Moore commented, “John?”

John Brown commented, “Sir?”

Councilmember Moore commented, “Are those…I mean…I’m sure those streets are on schedule for the sweeper.”

John Brown commented, “Both sweepers are broke down Councilman.”

Unknown commented, “Both are broken.”

Councilmember Kondik commented, “The brand new on is broke down already!”

Councilmember Veltri commented, “They’ve been broke down.  I’ve been asking for a street sweeping and we were going to get them…”

Councilmember Kondik commented, “We just bought the new one!”

Councilmember Veltri commented, “And, that’s a Layman, too.”

Ms. Rosohac commented, “I…I agree with him, very much so.  I don’t…this is my first council meeting, and I hope to be the first of many.  I very much agree with you on (unintelligible).

Unknown commented, “That’s right.”

Councilmember Moore commented, “Are you pleased…”

Ms. Rosohac commented, “I live in an area where it is not taken care of, no concern.  I’ve made numerous calls about the streets, no…no stop signs, no speed limit signs, street lights.”

Councilmember DeMasis commented, “Amen.”

Ms. Rosohac commented, “That’s why I’m here this evening.”

Councilmember DeMasis commented, “Amen.”

Councilmember Veltri commented, “You know what Mayor.  I brought that up on the Finance Committee on Thursday about the street sweeper that was broke down, and it seems no one was aware of it.  And…and  you guys said that they were out there sweeping, and I called Mr. Brown the same day to tell him that both sweepers were broke down.  I’ve been asking for some of the streets in my ward to get swept up, but they haven’t been swept up for over a month.”

Councilmember Kondik commented, “John…”

Councilmember Veltri commented, “So, it’s time for somebody here to get…get it together here.  Let’s get the sweeper fixed, the lemon here that we got.  I think we should file a complaint or whatever we got here and I think there is a lemon law here, cause I think that it is broke down every time we turn around.”

Mayor Miller commented, “How many times has the new one been broken down John?”

John Brown commented, “I think about three times Mayor.”

Mayor Miller commented, “And what’s been the major problem?”

John Brown commented, “I’m not quite sure…”

Mayor Miller commented, “I think…I’ll put it to you this way.  You get a hold of Brae Bryant, and have him give a directive to City Council of what the problems are.  And, I want it tomorrow so that they can have it.  Find out what is the problem, and then get back to the manufacturer.  We should have at least a year’s guarantee on that.”

Councilmember Kondik commented, “We just bought it!”

Councilmember Jerry Miller commented, “Yea…we just…we just…”

Councilmember Kondik commented, “We just bought it!”

(CROSSTALK)

Councilmember Veltri commented, “Like I say.  There’s a lemon law on the thing.  We would have filed a claim.”

Mayor Miller commented, “Well.  Find out what the conditions are.  Do we got transmission problems?  Do we have actually brushing problems?  Are they cleaning problems?  Get back, because, what was that, $85,000?  You know…if we’re not using it, because the last I heard 10 days ago, it was in the shop and out of the shop, and we were back on schedule.”

John Brown commented, “It went back in the shop.”

Councilmember Jerry Miller commented, “Can I say something?  Well, what bothers me is this is the first time I heard that both of them are down.  You just sent us a revised schedule, that was, I think, covered for August or something.  It was in our packet on Friday.  So, how can we get a revised schedule if it’s not working?”

Mayor Miller commented, “I…I just got a further…further comment for Mr. Bryant.  You tell him to please, any time there’s a breakdown with the street sweeper, that he get back and notify the City Manager, cause I want to know, so that we can pass it along to Council.  If we’re having that much problem with a new piece of equipment, I agree with the Councilman, we may have to go into the lemon laws, I think, to get either one (unintelligible) what we can do to fix this so that it operates and fits the schedule.  OK.”

Councilmember Harold Miller commented, “I’d like to state.  (Unintelligible)  Henry, I appreciate your comments.  Don’t get the Renaissance weekend and the flags that are put out on Main Street with street sweeping confused.  The other thing that people better realize in this community is we’ve paved more streets in the last two years and we are paving again this year than they did for the last ten years.  So, the streets are looking better, but the patching needs to be brought up to date.  They’re falling a little behind in the street sweeping.  But, I’ll tell you what.  I think this Council and this Administration has paved more streets and worked with the State of West Virginia to get Culler Road and Pennsylvania Avenue looking in good shape, and Main Street.  And, uh…but, there’s…there’s still a lot of work to be done.  So, it’s…it’s not…it is bad…I’ve got ‘em in my neighborhood Henry.  I’ve got one, Marshall, that’s been 50 years, and this is the first year they have ever been on the list to be…to be paved.  But, that’s…that’s not the particular issue I was addressing when you questioned me on that.”

Councilmember DeMasis commented, “But, you said you were… (unintelligible).”

Councilmember Harold Miller commented, “They are doing 50-some, 40-some, 40 streets this year.  You received a copy of the list.”

Councilmember DeMasis commented, “I got a copy though.  I don’t see anything downtown.”

Councilmember Harold Miller commented, “You submitted your streets you wanted paved.”

Councilmember DeMasis commented, “I wasn’t even asked!  I went up.  He…Brae Bryant told me he was going that one street I wanted done downtown.  He said he was going to do it.  He showed it to me on a piece of paper.  He never did it.  He never did it.  I went up and talked to him again.  He never did it.”

Councilmember Harold Miller commented, “I think that you have to address that with…uh…John and Brae and Public Works.  But, every Councilman’s request…requested to submit by (unintelligible) streets.”

Councilmember DeMasis commented, “I know that!  I’m not getting it!  Why don’t you understand?  I’m not getting it done!”

Mayor Miller commented, “OK.  Gentlemen.”

Councilmember DeMasis commented, “You need…you need some done up in your area too.  I’ve seen those.”

Mayor Miller commented, “We’re not go…we’re not going to settle it here.”

Councilmember Dalrymple commented, “Don’t start picking on my area Henry.”

(LAUGHTER)

Councilmember DeMasis commented, “No.  I’m just telling you.  I was up there.”

Councilmember Dalrymple commented, “You worry about your ward.  I’ll worry about my ward.  Thank you.”

Councilmember DeMasis commented, “I see.  That’s right.  You worry about yours.”

Mayor Miller commented, “John.  John.  Tomorrow, have Brae call the City Manager.  We’ll have a separate meeting with the Councilmen in relationship to the number of streets that we got…that we have on the list.  As Councilman Miller said, we’ve had well over…well I would say we’ll be up in the 50s.  Streets for the last two years we’ll have paved 35 one year and I think we’ll have about 20 this year coming on board somewhere.”

Councilmember Kondik commented, “John…”

Mayor Miller commented, “Essentially…where we’re at, and I know Councilman Veltri has some in his area to.  So, gentlemen, we can stay here all night and argue the streets.  It’s better that Public Works and the Councilmen either separately or singly get together and find out what streets they got a problem with and where we can go.  The bid’s already been let out.  It’s been made.  We got app…1.2 million dollars set aside for funds for the streets.  And you guys can get up and have your intramurals onto what particular streets have to be done and why.  I’m more concerned with the street sweeper and keeping our streets clean.  So, tomorrow Brae will call the City Manager.  The City Manager will get in touch with the Councilmen, and you can all come in and have your sessions.  OK.

Councilmember Veltri commented, “I see…I see the wrong picture in here Mayor.  I see Mr. Bryant, Brae’s not here right now.  Well, I s…think we should do.  The Manager, tomorrow morning, first thing in the morning, should call Brae and tell him of this, we have a problem here with the sweeper or the streets or whatever, and we should get this cleared up once for all.”

Mayor Miller commented, “I agree with you.”

Councilmember Veltri commented, “I don’t think…I don’t think that Mr. Brown should be the run guy between us guys here and Brae Bryant.  I think the Manager should call him tomorrow morning.  Let’s get it straightened out.”

Mayor Miller commented, “Well.  They will communicate tomorrow.”

Councilmember Veltri commented, “And, I appreciate that.”

Mayor Miller commented, “OK.  OK.  Moving right along.  We’re having fun.”

Councilmember DeMasis commented, “I am.”

(LAUGHTER)

CITIZEN COMMENTS

Donna Rosohac    304 Liberty Avenue, Weirton, WV 26062:

Ms. Rosohac commented, “I don’t know if you have enough time for all our remarks.”

Mayor Miller commented, “Well.  That’s all right.  We’d love to hear some of them.”

Ms. Rosohac commented, “Mayor, I think you are doing a wonderful job.”

Thomas Maher commented, “Will you step up to the podium please?”

Mayor Miller commented, “Yes.  Just step up.  State your name and address.  I want to make sure that Craig…this is probably his last session with us.  Sorry to see you go Craig, but I hope you have fun out at, I’ll call it the Burgettstown ballroom, or Brawl room, however.  Go ahead Donna.  State your name and address.”

Ms. Rosohac commented, “Um…yes.  Donna Rosohac and I live at 304 Liberty.  OK.  Um…Mayor, I do recall.  Do you remember me coming in a few times to talk to you in person on certain issues?  Um…every time I do report a problem to any street department, anything…um….  Nothing ever seems to get done…um….

I have moved back into Weirton.  I’ve been gone for 30 years.  I put up a…a house that’s nearly completed and…um…the area where it’s at, I left 30 years ago, came back, and the streets have not…they’re…they…they look worse now than they did when I left 30 years ago.  Uh…it’s the North End.  I went out there and found out a little bit, cause I never lived in the city.  So, you have to find out who your councilman is.

Just…just numerous problems in every department.  The Inspections Department.  I came down one day after lunch.  I had a problem.  I was out in the little hallway in the waiting area…um…sat there and heard…uh…very much sexual harassment going on…uh…didn’t feel very comfortable to go up to the window…uh…uh…did sit and wait…uh…didn’t say anything…finally got back.  But, I did have a problem with the Inspections Department…uh…on two or three different occasions.

Um…can you answer one question for me?”

Mayor Miller commented, “I’ll try.”

Ms. Rosohac commented, “If you have…if you have…if you believe you have a building code violation, and you bring it to the code official’s attention, is it not their job to take care of that for you?”

Mayor Miller commented, “I would think so.  Where’s…uh…where’s Rod at?  Right there.  I’ll let him…uh…answer your question then.”

Ms. Rosohac commented, “Well.  He…he did answer my question.  Um…I had…uh…brought it to their attention that I thought the wrong nail was used to put up some siding.  They said they would gladly look at the nail, but that I would have to pull the siding off to show them the nail.  Now is that what I pay for my inspection?”

Councilmember Moore commented, “We can’t handle private property.  Isn’t that correct John?  I mean…if there were damages, if she were unhappy with the way that it was removed or stored then we’d be liable.”

Mr. Yeager commented, “Well, I don’t know what the context is.  Are you talking about someone did a repair on your home, and you don’t like the nails they used?”

Ms. Rosohac commented, “No.  It was brought to my attention after the siding was put on that the wrong nail may have been used.”

Mr. Yeager commented, “It was put on…put on where?”

Mr. Rosnick commented, “On her home John.”

Ms. Rosohac commented, “Put on the house.”

Mr. Yeager commented, “On your house?”

Ms. Rosohac commented, “Yes.”

Mr. Rosnick commented, “She brought a sample.  John Serefini went out and looked at the nail.  She showed him the sample.  It looked like a proper nail.  It wouldn’t be nail we would use, but it met code.  We refused to strip the siding off, and look at the nails on the house.  Uh…we don’t have the tools or the equipment to strip siding and I don’t want the liability of pulling the siding off someone’s house and our responsibility to put it back on.”

Mr. Yeager commented, “Is…is that the type of nail that was used for the whole job?”

Ms. Rosohac commented, “Uh…it…it’s a roofing nail is what came to my attention.  That’s what it looked like, a T-headed roofing nail.”

Mr. Yeager commented, “And, if Mr.…Mr. Rosnick said that that fits the description of what was required to use then what would be the complaint though?”

Ms. Rosohac commented, “Well, also I had a…um…made an appointment with him…with Mr. Rosnick, but he never showed up.”

Mr. Yeager commented, “Well, that’s a different issue though.  That’s a different issue.  But…uh…what type of nails would you have thought they would have used there?”

Ms. Rosohac commented, “Uh…it should have been a different type of nail.  (Unintelligible)  A roofing nail is a roofing nail.  But, I’m just…for my concern, I…I…I…I don’t feel that, uh…to pull a small piece of siding, I don’t believe is…um…you know (unintelligible) to me.”

Mr. Yeager commented, “Well…”

Ms. Rosohac commented, “I mean, you pay for inspections.  Do you not?”

Mr. Yeager commented, “Yea, but…”

Ms. Rosohac commented, “…to protect the builder and to go by the building codes.”

Mr. Yeager commented, “If…if he’s taking…if he’s taking…uh…siding off, you want him to put it back like it looked when you…before you took it off.”

Ms. Rosohac commented, “Oh no.  I wouldn’t…I wouldn’t expect him to put it back.”

Mr. Yeager commented, “Oh.”

Ms. Rosohac commented, “I’d just expect him to maybe take it off with me.”

Mr. Yeager commented, “OK.  But if it’s…if it’s a…”

Ms. Rosohac commented, “But, I did that myself.”

Mr. Yeager commented, “If it’s a galvanized…”

Ms. Rosohac commented, “I’m a girl, but I can handle that.”

Mr. Yeager commented, “If it’s a galvanized nail and it meets the code, then, I don’t know, it wouldn’t be up to us to do anything different.  I mean, if…if…if…so long as it’s long enough, I would think would be more of a problem.”

Mayor Miller commented, “Did you…”

Mr. Yeager commented, “If they were real short ones, they wouldn’t go into the wood.”

Mayor Miller commented, “…talk with a contractor?  Did you talk with a contractor?  I mean…”

Ms. Rosohac commented, “Yea, I did.”

Mayor Miller commented, “And?”

Ms. Rosohac commented, “And, of course, he…he…he said there…there…he was not aware of any code (unintelligible) what type of nails we could use.”

Mayor Miller commented, “What…”

Ms. Rosohac commented, “He’s a reputable contractor, so then I brought it back to…you know…the Inspections Department.  But, just numerous…I mean, I could go on and on…”

Mayor Miller commented, “I’ll tell you what you can do for me, if you would.  Just, go ahead and make up a list of them.  You and I can sit down and chat and…”

Ms. Rosohac commented, “I’d like to come in and see you maybe Monday.  And, when I call, you do return my calls, and I…I appreciate it.  I…I wouldn’t have got my…um…building permit if it wasn’t for you, because the Inspections Department told me after nine weeks that they lost my blueprints.  So, just…I mean, this is the kind stuff I’m here to talk about...”

Mayor Miller commented, “Well, we…we talk about our street sweeper and the lemon law, and this may…you may be one of those that I call Mr. Mincik (sp) like Lil’ Abner, got the cloud hanging over you.  Whatever you’ve got a problem with, you come in, you come to see me or the City Manager.  We’ll see what we can do.”

Ms. Rosohac commented, “Uh huh.  I’ve been to Gary’s office also.”

Mayor Miller commented, “Well, we aim to please.  We want to be business friendly and citizen friendly, and we do miss the boat sometimes.”

Ms. Rosohac commented, “Well, I…I just…um…one of the few things I brought to…um…uh…you know, mention, I…I was told that wasn’t in the City’s budget.  Um…I would like to see if I could get a guard rail next to where my house is.  It’s a…it’s a straight down street…straight down.  There was never a house there before, but, you know, there are now.  But, I just wish that I wouldn’t have to worry about one day sleeping in the bedroom and a…and a car coming through…”

Mayor Miller commented, “And, that does happen, all over.”

Ms. Rosohac commented, “So…um…and, I don’t know who to go through…uh…Councilman for that possibly…”

Councilmember Jerry Miller commented, “Mrs. Rosohac.”

Ms. Rosohac commented, “Yes.”

Councilmember Jerry Miller commented, “First of all, I’m Councilman Jerry Miller.  You spoke to me earlier today.”

Ms. Rosohac commented, “Yes.”

Councilmember Jerry Miller commented, “OK.  I’ve also been out to your house about the light situation that you talked about.”

Ms. Rosohac commented, “Yes.”

Councilmember Jerry Miller commented, “And, Mr. Brown out there, I believe, him and Brae…uh…was out there about the water problem.”

Ms. Rosohac commented, “Well, that took about one year before anybody came out to take care of that.”

Councilmember Jerry Miller commented, “OK.  Well, I’ve only been in office a year, so…”

Ms. Rosohac commented, “Yea, but…I mean they know me.”

Councilmember Jerry Miller commented, “OK.”

Ms. Rosohac commented, “They don’t like me.”

Mr. Brown commented, “That’s not true Mrs. Rosohac.  That is not true.”

(CROSSTALK)

Councilmember Jerry Miller commented, “At this point here, I’d like the Mayor…”

Ms. Rosohac commented, “When I call…when I call the Street Department, when they tell me that there is no Mr. Brown working for the City!”

Mr. Brown commented, “We have a work order to do the guard rail before winter.  We have put a curb behind her house in the alley.”

Councilmember Jerry Miller commented, “OK.”

Mr. Brown commented, “We have built a retaining wall where the water is coming off her mother’s property…”

Councilmember Jerry Miller commented, “OK.”

Mr. Brown commented, “…and, I believe that she built on a hillside that has springs…”

Councilmember Jerry Miller commented, “Well, her and I have had this conversation on the springs.”

Mr. Brown commented, “…and on Front Street I put in a drainage system and got an easement from her mother, through Mayor Miller, to take it over through their property.  And, that catch basin was to assist her when she built her home last winter, in the wintertime.”

Councilmember Jerry Miller commented, “OK.”

Mr. Brown commented, “So, we have done plenty down there.”

Mayor Miller commented, “We have tried to help, but it…this…this is kind of like a public forum where we air it out, and I…”

Ms. Rosohac commented, “Yea.  Well, I’m not talking about the front of my house.”

Mayor Miller commented, “Well, what I…what I would prefer is if you got some legitimate complaints, just kind of write them up, and we’ll…we’ll address them one by one.”

Councilmember Jerry Miller commented, “Yea.  Cause the only two you’ve talked to me about was the water and the lights, and both of those I have addressed.  And, the light situation that we talked about earlier today, the City Manager will check out first thing tomorrow morning.  We do not get the work orders.  They do.  But, he will follow up with Kathy, his secretary, who made the order a week and a half or so ago, after I went back and took another look with Gary, and you are to get a light there on that one pole and also a skirt on the other light that was up the hill.  And, those are the only two issues that you’ve spoke with me on.  But, if there’s anything else we can be of assistance, you know, we’re here to represent you and try to help you.”

Ms. Rosohac commented, “Well, I appreciate that.”

Mayor Miller commented, “Thank you.”

Councilmember Jerry Miller commented, “Thanks.”

Ms. Rosohac commented, “You’re welcome.”

OLD BUSINESS

Ordinance: Second Reading

No. 1485:

AMENDING ARTICLE 331.01 OF THE CODE OF THE CITY OF WEIRTON (ADOPTION OF STATE LAW)

Motion was made by Councilmember J. Miller, second by Councilmember Veltri.

The motion passed by majority, 7/0.

ORDINANCE NO.   1485

ORDINANCE AMENDING ARTICLE 331.01

OF THE

CODE OF THE CITY OF WEIRTON

Article 331.01 of the Code of the City of Weirton, as amended, is hereby amended as follows:

331.01                          ADOPTION OF STATE LAW

All of the provisions and requirements of West Virginia Code Chapter 17A, 17B, 17C, and 17D, in regard to traffic regulations and laws of the road, or amendments or additions thereto, as well as any future amendments or additions thereto, insofar as such provisions and requirements can have application within the City, are hereby adopted and made a part hereof, provided that local regulations shall not be affected by the adoption of the State Law under this section.  No person shall fail, neglect, or refuse to comply with the provisions and requirements adopted herein.

The Ordinance shall become effective thirty (30) days after passage.

First Reading:                         May 8, 2006

Publication Date:                    May 15, 2006

Second Reading:                     June 12, 2006

                                                                        Mayor

ATTEST:

City Clerk

Ordinance: Second Reading

No. 1486:

AMENDING ORDINANCE NO. 1334 AND SECTION 797-02 OF THE CODE OF ORDINANCES OF THE CITY OF WEIRTON, RAISING THE HOTEL OCCUPANCY TAX FROM THREE PERCENT TO SIX PERCENT.

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

Councilmember DeMasis commented, “Can I say a couple of words?  Mayor, I know you like me.  So, I just thought I’d tell you, you know, I’m going to vote against this?”

Mayor Miller commented, “Against what?”

Councilmember DeMasis commented, “What we were just talking about.”

Mayor Miller commented, “Oh.  I’m sorry.”

Councilmember DeMasis commented, “I’m going to vote against it.  I don’t know why you would want to…try to get someone closed…try to close somebody up with taxes…with taxes.  I…I can’t see that.  I…I don’t…you know, times are tough anyhow.  You know we don’t have jobs here.  You’re…you’re gonna go along with something like this.  You know, that’s fine.  I’m sure you have something in mind be…to use this.  I understand that.  But, I’m sorry.  I just want to let you know.”

The motion passed by majority, 6/1 with Councilmember DeMasis voting against.

Mayor Miller commented, “For your information Council, this…Councilman, this will help increase the funding in the parks and recreation area, and you have been one of the Councilmen citing the lack of facilities in your particular ward.  And, part of the money we’re trying to ascertain in here would be to do something in your ward or in the bigger.  So, you voted against it, and that’s your prerogative.  I’m just saying this is essentially what we have going, and…uh…it has nothing to do with a tax against the people that’s in the City of Weirton.  This will tax…”

Councilmember DeMasis commented, “I understand that.”

Mayor Miller commented, “This will tax those…those coming in using hotel/motel. OK.  Everywhere you travel in this great nation of ours, you will pay anywhere from 6 to 13 percent anytime you rent a hotel/motel room.  I spent 30 years traveling, and every…even in Venezuela, they had a tax down there.  So, believe me Councilman, it’s not nothing that we’re doing to harm the City of Weirton.  What we’re going to try to do is use the funds for recreation in parks, as well as the CVB.  So, be that as it may…”

Councilmember DeMasis commented, “Where did you pull that out of, you socks or what?”

Mayor Miller commented, “No.”

(LAUGHTER)

Councilmember Moore commented, “According to the National League of Cities in the news weekly we got from them two weeks ago in our packet, the average hotel/motel tax in the U.S. is 6.2 percent.  So, we are now average.”

ORDINANCE NO.              1486

ORDINANCE AMENDING ORDINANCE NUMBER 1334 AND SECTION 797.02 OF THE CODE OF ORDINANCES OF THE CITY OF WEIRTON, RAISING THE HOTEL OCCUPANCY TAX FROM THREE PERCENT TO SIX PERCENT

WHEREAS the legislature of the State of West Virginia has given municipalities the authority to raise their hotel occupancy taxes to a maximum of six percent (6%) by provisions appearing at West Virginia Code section 7-18-2; and

WHEREAS the Common Council of the City of Weirton, Hancock and Brooke Counties West Virginia has the authority to impose taxes under the general provisions of West Virginia Code section 8-11-3 (1) et seq; and

WHEREAS the City currently imposes an excise tax on the occupancy of hotel rooms which is assessed at three per centum (3%) of the cost of each hotel room rented in the City, excepting only rooms which are rented in hotels having less than three (3) rooms or where any person is paying rent for the occupancy of a hotel room for more than thirty (30) days; and

WHEREAS Council has determined that it is in the best interest of the citizens of the City to increase the hotel tax for the purpose of supporting tourism development and increasing certain revenues;

NOW, THEREFORE, be it ordained and enacted by the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia that:

1. A public hearing shall be held to hear the comments of persons affected by this measure, as well as all other citizens desiring to be heard, at 7:00 p.m. on June 12, 2006, as required by West Virginia Code section 7-18-2;

2. Notice of said hearing shall be published as a Class I notice in a newspaper of general circulation in the City;

3. Ordinance Number 1334, passed on January 7, 2002 and the version thereof codified in the City of Weirton, West Virginia Code of Ordinances as Article 797, section 2 (797.2) “Hotel Occupancy Tax,” shall be modified to provide as follows:

Ҥ 797.02 IMPOSITION AND LEVY OF TAX; EXCEPTIONS; RATE.

“There is hereby imposed and levied an excise tax upon the occupancy, on or after July 1, 2006, of all hotel rooms within the corporate limits of the city equal to Six Per centum (6%) of the cost of each hotel room;

provided that each tax shall not be levied on the occupancy of hotel rooms in hotels having less than three rooms or on the occupancy of any hotel room where any person is paying the consideration for the occupancy of such hotel room for 30 or more consecutive days.

“(Ord. 1334, passed 1-7-02); (Ord. _____, passed June 12, 2006);”

This ordinance shall become effective immediately upon passage.

FIRST READING:                              May 08, 2006

PUBLICATION DATE:                     May 15, 2006

PUBLIC HEARING:                          June 12, 2006

SECOND READING:                         June 12, 2006

MAYOR

ATTEST:

CITY CLERK

NEW BUSINESS

Resolution:

AUTHORIZING A JOINTLY-SPONSORED FOURTH OF JULY FIREWORKS DISPLAY BY THE CITY OF WEIRTON AND THE CITY OF STEUBENVILLE.

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

Councilmember Moore commented, “What is this compared to last year’s contribution?”

Mayor Miller commented, “The same thing.  We’re not going to be out anymore.  We’ve got funding that we’ve secured from Renaissance Weirton.”

Councilmember Moore commented, “Right.  I thought it was a thousand dollars more, but Renaissance Weirton picked up that extra thousand dollars, so the City’s net outlay would be the same.”

Councilmember Kondik commented, “Is Terry Weigel going to contribute to this at all?”

Mayor Miller commented, “He certainly has.  And, he certainly…well, he certainly will and has.  We waggled it out of Weigel.”

(LAUGHTER)

The motion passed by majority, 6/1 with Councilmember DeMasis voting against.

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 2006 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 Tuesday, July 4, 2006; and,

WHEREAS, arrangements are currently under way by the City of Weirton and City of Steubenville to utilize the Fort Steuben Bridge as a possible 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 Tuesday, July 4, 2006.

Date:               June 12, 2006

____________________________

Mayor

ATTEST:

______________________________________

City Clerk

Resolution:

TO ADOPT UPDATED CITIZENS PARTICIPATION PLAN FOR THE CITY OF WEIRTON, WV COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM.

Motion was made by Councilmember Moore, second by Councilmember J. Miller.

The motion passed by majority, 7/0.

C-06

CITIZEN PARTICIPATION PLAN

RESOLUTION

WHEREAS, the City of Weirton is an entitlement community under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program; and

WHEREAS, as a requirement for participation in the CDBG Program, HUD requires entitlement communities to have an approved Citizen Participation Plan in accordance with 24 CFR Sub-Part 91.105, Citizen Participation Plan, Local Government; and

WHEREAS, the City of Weirton’s Development Office has prepared a revised Citizen Participation Plan in accordance with the Federal Guidelines; and

WHEREAS, the said revised Citizen Participation Plan was presented to the Common Council of the City of Weirton for review and consideration.

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 revised Citizen Participation Plan, as presented, is hereby in all respects APPROVED.

SECTION 2.  That the City Manager, on behalf of the City of Weirton, West Virginia, is AUTHORIZED to sign the Citizen Participation Plan and file a copy of the approved Citizen Participation Plan with the U.S. Department of Housing and Urban Development.

ADOPTED THIS 12^TH DAY OF JUNE, 2006 AT A REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA.

DATE:     June 12, 2006

                                                                                                                                                                                                                        William M. Miller, Mayor

ATTEST:

City Clerk

Resolution:

TO AUTHORIZE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES AND WEST VIRGINIA DEPARTMENT OF ADMINISTRATION, GENERAL SERVICES DIVISION, FOR THE LEASE OF CITY PROPERTY FOR THE PURPOSE OF A MOTORCYCLE TESTING FACILITY.

Motion was made by Councilmember J. Miller, second by Councilmember Veltri.

The motion passed by majority, 7/0.

RESOLUTION

TO AUTHORIZE CITY MANAGER TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES AND WEST VIRGINIA DEPARTMENT OF ADMINISTRATION, GENERAL SERVICES DIVISION, FOR THE LEASE OF CITY PROPERTY FOR THE PURPOSE OF A MOTORCYCLE TESTING FACILITY

WHEREAS, the City Manager has been working closely with a representative of the West Virginia Department of Motor Vehicles (hereinafter “DMV”) to arrange for the building of a motorcycle testing area in the confines of the Municipal Plaza; and,

WHEREAS, there is a need for such a facility to be operated in conjunction with the DMV presence in the Municipal Plaza because of the requirement that persons wishing to drive motorcycles must now have Motorcycle Endorsements on their drivers’ licenses; and,

WHEREAS, negotiations have concluded with the agreement that the City would lease a parcel of real estate behind the Weirton Fire Station to the DMV and that the said DMV would construct a motorcycle testing area there and maintain it; and,

WHEREAS, the State Department of Administration, General Services Division shall be responsible for paying for the planning and construction of said facility; and,

WHEREAS, the completed agreement is appended hereto for Council’s approval.

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 sign the Agreement with The West Virginia Division of Highways, West Virginia Department of Motor Vehicles, and the West Virginia Department of Administration, General Services Division, which is appended hereto.

Date:               June 12, 2006

                                                                        ________________________________

                                                                        Mayor

ATTEST:

___________________________________

City Clerk

Resolution:

TO ACCEPT BID AND TO ENTER INTO CONTRACT FOR LEGAL SERVICES WITH JOHN YEAGER, JR., ATTORNEY AT LAW, IN RELATION TO KINGS CREEK HAZARD MITIGATION GRANT.

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

Councilmember Kondik commented, “Just a comment Mayor.  This...uh…this item was advertised in the paper twice, and…uh…our City Attorney was the only…uh…attorney at law to respond to the ad.”

Mayor Miller commented, “That is correct.”

The motion passed by majority, 7/0.

RESOLUTION TO ACCEPT BID AND TO ENTER INTO CONTRACT FOR LEGAL SERVICES WITH JOHN YEAGER, JR., ATORNEY AT LAW, IN RELATION TO KING’S CREEK HAZARD MITIGATION GRANT

WHEREAS,  advertisements have been made on two occasions, to-wit, May 1, 2006 and May 8, 2006 to solicit bids for legal services in the purchase of properties damaged in flooding in the King’s Creek area; and whereas a bid has been submitted by only one bidder for the work of researching land titles, preparing deeds, holding closings, and recording the transfers of six (6) certain properties which are the subject of the F.E.M.A. Hazard Mitigation Grant for the King’s Creek area of Weirton; and whereas, notwithstanding the lack of other bidders, the costs of the services set out above are reasonable; and whereas the bid of John Yeager, Jr., Attorney at Law is the only bid from a reasonable bidder; and whereas the funds for the said work will be supplied by the federal government;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, THAT: the bid of John Yeager, Jr., Attorney at Law for the services mentioned herein is hereby accepted, and The City Manager shall enter into a contract with him, providing for him to perform the work specified in the advertisement for bids in return for the sum of Five Hundred Ninety Dollars ($590.00) per property, for a total of Three Thousand, Five Hundred Forty Dollars ($3,540.00).  A copy of the contract which the City Manager is authorized to sign is appended hereto.

DATE:        June 12, 2006

MAYOR

ATTEST:

CITY CLERK

Resolution:

TO AUTHORIZE RENEWAL OF DENTAL INSURANCE BENEFITS FOR ELIGIBLE CITY OF WEIRTON EMPLOYEES.

Motion was made by Councilmember Veltri, second by Councilmember J. Miller.

Councilmember Moore commented, “I want to let everyone know.  This is at the same rate that it was last year.  There is no increase in this…um…in this policy.”

Ms. Means commented, “No increase.  Right.  The cost is split between the employees and the City, and no increase to the premium.”

The motion passed by majority, 7/0.

RESOLUTION

TO AUTHORIZE RENEWAL OF DENTAL INSURANCE BENEFITS FOR ELIGIBLE CITY EMPLOYEES

WHEREAS, it appears to be in the best interest of the citizens of the City of Weirton to continue dental insurance benefits for eligible City employees; and,

WHEREAS, the current contract with Reliance Standard for dental insurance benefits became effective July 1, 2005 and expires on June 30, 2006; and,

WHEREAS, the current dental benefit premium is shared at a rate of 50% from the City and 50% from participating employees; and,

WHEREAS, the City of Weirton wishes to continue to provide dental benefits, at the same share rate of 50% from the City and 50% from participating employees.

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 renew the contract with Reliance Standard effective July 1, 2006 through June 30, 2007 at the established monthly rates of $24.92 for single and $71.52 for family.

BE IT FURTHER RESOLVED THAT THE City of Weirton=s monthly participation toward the premium shall be $12.46 for single and $35.76 for family.

Date:           June 12, 2006       

_______________________________________

Mayor

ATTEST:

___________________________

City Clerk

Ordinance: First Reading

No. New:

RE-DESIGNATION THE “WEIRTON HUMAN RELATIONS COMMISSION” AS THE “WEIRTON HUMAN RIGHTS COMMISSION” BY AMENDING, MODIFYING AND RE-ENACTING EXISTING ORDINANCE NO. 1010 AND AN EXISTING RESOLUTION PASSED ON JUNE 26, 1964.

Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.

The motion passed by majority, 7/0.

Resolution:

TO AUTHORIZE CONTRIBUTION TO WEIRTON AREA COMMUNITY FOUNDATION TO SUPPORT WHEELING SYMPHONY LIVE CONCERT.

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

Councilmember Kondik commented, “Just a comment.  I’d just like to commend the Weirton Area Foundation for their efforts to bring the…uh…the…uh…Symphony to Weirton.  They’ve been doing this for years.  It’s no cost to the people, young and old, and there’s a lot of people that enjoy it.  And…um…I’d like to applaud the efforts of Dan Wilson…uh…for continuing to bring these…um…the Wheeling Symphony here.”

Councilmember Moore commented, “I believe that we have funded this in the past at the level of $3,000.  This year they requested $5,000.”

Ms. Means commented, “Correct.”

Councilmember Moore commented, “Um…I believe that we located additional funding…um…for the $2,000 from the Park Board that had a…um…grant.  Possibly, you could explain that, because, initially, I was only in support of renewing it at the current level, the previous level of $3,000.  Apparently, there are some funds available that were located at the Park Board…”

Ms. Means commented, “A reimbursement from the prior fiscal year’s…um…uh…Fourth of July activities.”

Councilmember Moore commented, “So, we can then fund this at $5,000 but still only taking the $3,000 net out of our budget that we have in the past, because we will have the $2,000…um…from Park Board to cover the excess in cost that the…uh…”

Ms. Means commented, “Yes.”

Councilmember H. Miller commented, “I’d like to say something also.  Uh…the Renaissance Weirton Committee has donated $1,000 for that this year which is a private donation.”

Councilmember Dalrymple commented, “Mayor.  We’re putting money into this.  Renaissance is putting money into this.  There’s a lot of sponsors putting money in to getting the Symphony in here, and that’s a good thing, and I agree with everyone that the Symphony is a good activity for the community to have.  And, it is free to the public, although, it is not free.  And, the Symphony is not coming here to play for free.  They’re not setting up for free.  They’re being paid…set up…everything’s that has to go on with the lights, chairs…whatever it might be…someone has to be paid to have those things set up.  So, it is free by the graces of the community, the City, and people that want to donate money to have this activity go on.  It is definitely not free, because the Symphony’s coming up here and playing a free concert.  It’s just free to the public for admission, but it does cost a sizable amount of money to pull it all off.”

Mayor Miller commented, “I could…I can tell Councilman that it costs $35,000 to bring the Wheeling Symphony here…”

Councilmember Dalrymple commented, “That’s right.”

Mayor Miller commented, “and by Council passing…we have a motion, a second…if it’s passed, there will be additional funds that have been dedicated to this to match what the Council has brought forth tonight.  So, there will be additional funding, and I believe that we’ll be able to pay the whole bill once it gets done.  So, we thank you.”

The motion passed by majority, 6/1 with Councilmember DeMasis voting against.

Councilmember DeMasis commented, “Sorry about that Mayor.”

Mayor Miller commented, “Oh…hey Henry, free country, by golly.”

Councilmember DeMasis commented, “That’s right.”

(LAUGHTER)

RESOLUTION

TO AUTHORIZE CONTRIBUTION TO THE WEIRTON AREA COMMUNITY FOUNDATION TO SUPPORT WHEELING SYMPHONY LIVE CONCERT (2006-2007 FISCAL YEAR)

WHEREAS, it appears to be in the best interest of the citizens of the City of Weirton that a contribution be made to the Weirton Area Community Foundation to support the Wheeling Symphony Live Concert; and,

WHEREAS, the Wheeling Symphony Live Concert is scheduled to be held in Weirton on Monday, July 3, 2006 at Mittal Steel Weirton=s grounds on Three Springs Drive.

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 issue a contribution in the amount of Five Thousand Dollars ($5,000.00) to the Weirton Area Civic Foundation as a supporter of the Wheeling Symphony Live Concert.

BE IT FURTHER RESOLVED THAT funding for said contribution shall be allocated from 2006-07 fiscal year budgeted funds.

Date:               June 12, 2006

__________________________________

Mayor

ATTEST:

_____________________________

City Clerk

Resolution:

TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE NO. 250 (FIFE).

Motion was made by Councilmember Moore, second by Councilmember J. Miller.

The motion passed by majority, 7/0.

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

Terry Bennett/Collin Fife             Map # W43J - Parcel # 106                     $ 2,900.00

(3134 Main Street)                                            

This resolution shall become effective immediately upon passage.

DATE:      June 12, 2006

Mayor

ATTEST:

City Clerk

State of West Virginia

County of Hancock, to-wit:

The foregoing was acknowledged before me this 12th day of June, 2006

By William M. Miller and Thomas Maher, Jr.

Notary Public

My Commission Expires:                                     .

Resolution:

TO ENTER INTO CONTRACT FOR THE PURCHASE OF ROAD DE-ICING SALT FOR FISCAL YEAR 2006-2007.

Motion was made by Councilmember Veltri, second by Councilmember DeMasis.

Councilmember Dalrymple commented, “How much salt do we have left over from last year, our mild winter.”

Mayor Miller commented, “We have a third?”

Mr. Brown commented, “We have a full shed, Councilman.”

Councilmember Dalrymple commented, “So, are we ordering the same amount that we order every year, or are we going to order less the third?”

Mr. Brown commented, “I’m not sure about the ordering amount.  I don’t get involved in the ordering.”

Mayor Miller commented, “That’s on the…isn’t that on a straight contingency?”

Councilmember Dalrymple commented, “Yea.”

Mr. DuFour commented, “Yes.”

Mayor Miller commented, “Primary.”

Mr. DuFour commented, “That’s your contract…”

Mayor Miller commented, “So, it’s your contract up to a maximum amount, and if you don’t…you know…you don’t necessarily have to take all that.”

Councilmember Dalrymple commented, “OK.”

Councilmember J. Miller commented, “So, you don’t have to worry.”

Mayor Miller commented, “You order X number of tons…”

Mr. Brown commented, “We pay by the ton, so we just get charged for what we use.”

Councilmember Moore commented, “I would like to make a comment that I believe that we are doing the prudent thing by ordering early, because this is delivered.  And, with the fuel cost, the instability in the fuel and delivery cost, I think that by ordering early and getting this contract price on the books is…is the prudent way to go.”

Mayor Miller thanked Councilmember Moore.

The motion passed by majority, 7/0.

R E S O L U T I O N

TO ENTER INTO CONTRACT FOR THE PURCHASE

OF ROAD DE-ICING SALT

FISCAL YEAR 2006/2007

WHEREAS, it appears to be in the best interest of the citizens of the City of Weirton that the City Manager be and is hereby authorized to enter into agreement for the purchase of Road De-Icing Salt for the City of Weirton; and,

WHEREAS, the Common Council of the City of Weirton did receive competitive bids for said purchase.

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 contract with MORTON SALT, 123 NORTH WACKER DRIVE, CHICAGO, IL  60606-1597 in the amount of Forty-Five Dollars and Ninety Four Cents ($45.94) per ton for said purchase.

Date:               June 12, 2006

                                                                        Mayor

ATTEST:

City Clerk

Ordinance: First Reading

No. New:

UPDATING AND AMENDING THE BUILDING CODE FOR THE CITY OF WEIRTON.

Motion was made by Councilmember J. Miller, second by Councilmember DeMasis.

The motion passed by majority, 7/0.

Resolution:

TO ENTER INTO CONTRACT FOR SOLID WASTE AND RECYCLING DISPOSAL SERVICES.

This resolution was removed from the agenda.

Resolution:

ENTERING INTO A CONTRACTUAL RELATIONSHIP WITH THE WEIRTON TRANSIT CORPORATION FOR THE ESTABLISHMENT AND OPERATION OF A TRANSIT SERVICE.

Motion was made by Councilmember Moore, second by Councilmember Veltri.

The motion passed by majority, 6/0 with Councilmember J. Miller abstaining because he is on the Board of the Weirton Transit Corporation.

RESOLUTION

ENTERING INTO A CONTRACTUAL RELATIONSHIP WITH WEIRTON TRANSIT CORPORATION FOR THE ESTABLISHMENT AND OPERATION OF A TRANSIT SERVICE

WHEREAS, the City of Weirton seeks to continue a mass transportation service for the benefit of the citizens of the City of Weirton, West Virginia; and,

WHEREAS, the City of Weirton has applied for and been granted funds by the Federal Transit Administration (FTA) on an ongoing basis for the transit service operation; and,

WHEREAS, in accordance with the plan of the City of Weirton for continuation of service, a not for profit corporation, the Weirton Transit Corporation has been formed by its incorporators for the sole purpose of operating a mass transportation system in the City of Weirton; and,

WHEREAS, representatives of the City of Weirton and the Weirton Transit Corporation have negotiated an agreement between the two entities which enables and authorizes the Corporation to operate the desired mass transportation service; and,

WHEREAS, the City of Weirton desires to enact said agreement pursuant to these renegotiations and objectives.

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 enter into an agreement with the Weirton Transit Corporation to operate a public mass transit service for the City of Weirton and surrounding areas for a twenty-four (24) month period.  A copy of said agreement is attached hereto and declared to be part of this resolution.  This resolution shall be effective immediately upon passage.

Date:               June 12, 2006

Mayor

ATTEST:

City Clerk

Ordinance: First Reading

No. New:

AMENDING THE TEXT OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) AS RECOMMENDED BY THE WEIRTON PLAINNING COMMISSION.

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

The motion passed by majority, 7/0.

Resolution:

TO ENTER INTO MUTUAL AID AGREEMENT WITH THE NEW MANCHESTER VOLUNTEER FIRE DEPARTMENT.

Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.

Councilmember Kondik commented, “I’d just like to ask Chief Cole…uh…to explain how this came about.”

Chief Cole commented, “Council was asked by the…the Chief of the New Manchester Volunteer Fire Department for a mutual aid agreement between the two agencies.  Uh…we looked over what was offered both ways.  They’re going to provide…uh…tanker trucks for the City of Weirton for fire protection.  Uh…on the other hand, uh…we will supply…uh…them with probably people out of our volunteer division unless it’s a major emergency, then…uh…we could utilize…the paid people.  But, the request was made by…uh…the New Manchester Volunteer Fire Department.”

Councilmember Kondik commented, “Thank you Chief.”

Councilmember Moore commented, “What’s in it for us Chief?”

Chief Cole commented, “Uh…the thing…a major incident within Weirton, say losing the water, we would have back up…uh…tankers.  We’ve got…uh…mutual aid agreements in place with Hanover, Colliers, Oakland District, and this would add the fourth one for our water supply in case…um…our water supply was interrupted within the City.”

The motion passed by majority, 7/0.

RESOLUTION

TO ENTER INTO A MUTUAL AID AGREEMENT

WITH NEW MANCHESTER VOLUNTEER FIRE DEPARTMENT

WHEREAS, it is in the best interest of the citizens of the City of Weirton that the City of Weirton and the New Manchester Volunteer Fire Department emergency responders enter into a mutual aid agreement for such services as may be required from time to time; and,

WHEREAS, both departments, for the purpose of the interchange of services of their respective emergency personnel and equipment, mutually agree to assist each other in the event of an emergency to the extent that equipment and/or personnel are available.

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 a mutual aid agreement for the exchange of emergency and non-emergency services with the New Manchester Volunteer Fire Department as described in the enclosed agreement, which is attached hereto and made a part thereof.

Date:               June 12, 2006

____________________________________

Mayor

ATTEST:

______________________________

City Clerk

Ordinance: EMERGENCY ORDINANCE (Must have unanimous approval.)

No. New (1487):

AUTHORIZING THE CITY MANAGER TO EXECUTE DEEDS CONVEYING CERTAIN RIGHTS-OF-WAY ALONG BIRCH DRIVE TO THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS.

Mayor Miller commented, “OK…uh…before we call for a vote on this, it’s necessary to point out since it’s an emergency ordinance, we have to have a 7 to 0 vote on this.  I would like for the City Manager to briefly explain the two years of due diligence that has taken place to get this consummated, so…Gary.”

Mr. DuFour commented, “Again, not to take too long.  Uh…I think Council’s well aware, I don’t know how much the public is, of the continuing struggle we have had trying to move the project to…to a turn-around, truck turn-around at the end of Birch Drive to serve all of the shipping, about a thousand trucks a day, sometimes peaking out.  Uh…if you go into that area, it is now our largest manufacturing area in the City, and the highest manufacturing concentration of employment between the businesses of Birch Drive at about 1,200 employees or more.  We have in the process of trying to do this project…uh…been through, I guess, the succession of ownerships of Weirton Steel, ISG, and Mittal Steel…uh…and also quite a struggle with the State of West Virginia over…uh…descriptions of rights-of-way, etc.  The funds for this project are…are called industrial access road funds.  They’re 100% State funds.  We have a commitment of $450,000 to this project and an additional commitment of $250,000 for it as of July 1.  Uh…we made our last…uh…compromise agreement with the State, which would keep the sign that announces the industrial park there by keeping a piece of the property with the City.  Uh…and they will deal with the main branch of the road.  And, part of this legislation is to, with the descriptions attached, turn over Birch Drive to the State of West Virginia for the purpose of undertaking the milling and repaving of the road, widening of an S-curve, through the finished products warehouse and the turn-around to the area of APEX or at the end of Birch Drive.”

Councilmember Dalrymple commented, “Birch Drive has been my baby has been my baby since I took office…”

(TAPE CHANGE)

Councilmember Dalrymple commented, “…park.  Uh…I hear constant comments about the condition of the road and how horrible it is, which it is.  I drive it almost every day.  Uh…I talked to Mark Birch, who is…has been an integral part in getting this project going on Birch Drive.  And…and, he asked me that day if he needed to call any of the Councilmen to talk to them about this, and I told him that I would think that it would be a no-brianer because of the employment that’s down in that area, that it wouldn’t take too much…uh…persuasion to get this passed.  I hope that…uh…Council does pass it.  I am sure in favor of it, and I implore you to pass it unanimously.  Thank you.”

Councilmember DeMasis commented, “Mayor, I have something to say about that.  I’ve worked out there for many years, and I’ll tell you, it does need repaired.  My son works out there for Impress.  He runs Impress.  And, that…I’ll tell you, it does (unintelligible).  It’s in horrible shape.  It’s almost like the streets in downtown Weirton.”

Councilmember Dalrymple commented, “Well, not quite.”

Mayor Miller commented, “Keep dealing them.  I love it.”

(LAUGHTER)

Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.

Roll Call Vote:

Councilmember DeMasis              YES

Councilmember H. Miller              YES

Councilmember Moore                 YES

Councilmember J. Miller              YES

Councilmember Dalrymple           YES

Councilmember Veltri                  YES

Councilmember Kondik                YES

The motion passed by majority, 7/0.

ORDINANCE NO.  1487

EMERGENCY ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE DEEDS CONVEYING CERTAIN RIGHTS-OF-WAY ALONG BIRCH DRIVE TO THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS

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 an emergency in the fact that for more than two years the City has been planning and negotiating in conjunction with the West Virginia Department of Transportation, Division of Highways, with the former Weirton Steel Corporation, with the former ISG Steel Corporation, and with  Mittal Steel for the acquisition and the re-conveyance to the State of rights of way along Birch Drive and near Birch Drive, for the purpose of upgrading Birch Drive and building a truck turn-around.  Said arrangement would also place the responsibility for maintenance of Birch Drive with the State; and

WHEREAS these improvements are very important to the economic health of the City because they will improve the ease of delivering and shipping materials and goods to and from industries and businesses located in the Half Moon area, easing some existing difficulties and hopefully making the area more attractive for new businesses; and

WHEREAS this project is being paid for entirely by the State of West Virginia’s Industrial Access Road funds, at no cost whatsoever to the City; and

WHEREAS  loss of the economic benefits expected from this project would be a blow to the industrial base of the City; 

WHEREAS the making of surveys, the satisfaction of all the requirements set by the  State Division of Highways,  and  negotiations with three successive steel companies, each of which had its own set of demands with regard to the land and rights of way being conveyed, were extremely time consuming, causing this project to be delayed for far too long;   

Now, therefore, the City Council is of the opinion that an emergency exists because delay in conveying the rights-of-way mentioned herein will delay the time at which City businesses may begin to gain important financial benefits, and may carry contractors past the prime season for building and upgrading roads, thereby justifying the passage of an emergency ordinance empowering the City Manager to sign the deeds appended to this Ordinance.  It is therefore ORDAINED by the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia that the City Manager is hereby authorized to sign all deeds and easements of property or rights of way which it

has acquired for the purpose of conveying the same to the West Virginia Department of Transportation, Division of Highways.   Further, it is ORDAINED that in accord with Charter of the City of Weirton, Article VI, section 8 this Ordinance shall become effective immediately upon passage.

First Reading:         June 12, 2006 (Emergency Reading)

Publication Date:    ___________

                                                                                 _______________________

                                                                                  Mayor

ATTEST:

________________________

City Clerk

Resolution:

TERMINATING THE EXISTANCE OF THE CITY FINANCE COMMITTEE.

This resolution was removed from the agenda.

Resolution:

TO APPROVE ADDITIONAL FUNDING FOR WEIRTON TRANSIT CORPORATION.

Motion was made by Councilmember Dalrymple, second by Councilmember H. Miller.

Councilmember Moore commented, “I’ve got a comment, but I’m going to move to amend it first, because we have to amend it to clear…clear it by the fiscal year we’re dealing with…um…

I move to amend the resolution by changing some of the wording in…um…paragraph 3…reads, ‘Whereas, Council is aware that it is already provided for payment….’  We need to lose the word, ‘provided for,’ and change that to, ‘committed to payment.’  And, at the very end of the resolution, where it reads…um…, ‘maintenance of vehicles operated by said transit corporation.’  We need to add, ‘in the 2006-2007 fiscal year.’”

Second to the motion to amend made by Councilmember Kondik.

Councilmember Moore commented, “We got a note, April 25^th my note is dated, from Weirton Transit Corporation asking us that they were going to take over the vendor maintenance on their buses to better comply with the Federal Transit Authority Grant that they have.  It says, ‘Be aware the cost will be $166.00 per bus per month.  The cost…Weirton Transit will be an additional $4,316 per year, (unintelligible) for additional oil costs, etc.  How many busses does Weirton Transit have?”

Unknown commented, “Three.”

Second Unknown commented, “Four.”

Councilmember Moore commented, “Did you do the math?  166 going into 4,316 doesn’t work.  It doesn’t work.  It comes out to like 25 point some odd months.  That doesn’t fit 2 buses or 3 buses.  Did anybody on Finance ask how the breakdown was of this request?  No.  I did.”

Mayor Miller commented, “And?”

Councilmember Moore commented, “Last week.  They only change buses oil monthly, and the 2 buses that run, and that’s for 2 changes and the back up bus.  OK.  Did anybody ask if they were already paying for the oil they were already getting, or did they have to buy oil again?”

Councilmember Kondik commented, “We relied on…uh…on…uh…Timmy and Brae and…uh…the Public Works Department on…uh…their…what they submitted…”

Councilmember Moore commented, “It’s a $4,300 request.  Did you ask any questions about it?”

Councilmember Kondik commented, “We discussed it.”

Councilmember Moore commented, “OK.  You discussed it.  Right?  Did Finance Committed act on this request?”

Councilmember Kondik commented, “No.  We did not.”

Councilmember Moore commented, “You did not act on this request.”

Councilmember Kondik commented, “No.”

Councilmember Moore commented, “Why wouldn’t you act on a request for $4,300?”

Councilmember Kondik commented, “I don’t remember.  It was at the end of the day, and we talked about it and…um…there was so much we were doing that day.”

Councilmember Moore commented, “So much?”

Councilmember Kondik commented, “Yes, we were.  We were doing a lot of things.  We were talking about a lot of things that day.  Correct me if I am wrong City Manager.”

Councilmember Moore commented, “It was the last thing.”

Councilmember Kondik commented, “Yea.  And, by the time we got to that, we forgot what happened.”

Councilmember H. Miller commented, “We didn’t take action on it because we weren’t clear of the legitimacy of the inspection (unintelligible).  So, that was a concern of ours.”

Councilmember Moore commented, “OK.  Did you table it?”

Councilmember H. Miller commented, “There was no action on it.”

Councilmember Moore commented, “You didn’t table it, you didn’t recommend it, and you didn’t decline it.”

Councilmember H. Miller commented, “Correct.”

Councilmember Kondik commented, “You should have stayed on the Committee Dale.”

Mayor Miller commented, “What…what’s your…what is your point Councilman?”

Councilmember Moore commented, “The point is, if we’re going to have a functioning Finance Committee, and it’s so important, these are the questions that should be asked in Finance.”

Mayor Miller commented, “And how many important questions have the Finance Committee answered?”

Councilmember Moore commented, “Well…”

Mayor Miller commented, “They're probably running about a 90% rate Councilman.  There are going to be some that they miss, all right.  And, I believe the question was polled back in April, or whatnot, and, at that point in time, with all of the excitement generated now should have been asked then, and apparently, it’s not.  Now, the question in mind right now, do we want to fund the Transit for another year or two or do we just want to leave it go.  That’s the bottom line.”

Councilmember Moore commented, “Well, my concern is that if the Finance Committee is so important, these are the kind of things that Finance Committee should be dealing with.  Now, I pulled the resolution to terminate Finance because I’m seeing the glass as half empty, and you’re seeing the glass as half full, and I’m going…I’ll…I’ll give you the fact that that half full glass might have some value.  But, I would…I’d really like to see the Finance Committee, if it continues, to maybe get the glass ¾ full.  I mean those are questions that need to be asked.  If we have a Finance Committee, if we’re spending money, and I’m…I’m guesstimating based on…I pulled a year’s worth of Finance Committee minutes.  I cost out the time of the department heads that come to the meeting.  There’s $4,000 a year in the City’s time to run to the Finance Committee.  Now, I want to get $4,000 worth of a value out of that, and I don’t think that…”

Councilmember Kondik commented, “You just got your 4,000.  You just got your $4,000 out of it.”

Councilmember Moore commented, “Where?”

(LAUGHTER)

Mayor Miller commented, “OK, gentlemen, if we could move on…”

Councilmember Moore commented, “Gary, I do think needs to answer a couple of questions on this, cause there still are a couple of questions that do need to be clarified on this.”

Councilmember Kondik commented, “This is a volunteer group that…that we’re doing over and above what we do for the City Council when we…we attend these Council Meetings.”

Councilmember Moore commented, “A volunteer?”

Councilmember Kondik commented, “Well, I’m sorry, the…the…the Finance Committee meetings.  We’re volunteering our time to do that.”

Councilmember Moore commented, “It’s your responsibility.”

Councilmember Kondik commented, “We don’t…we don’t…we don’t get paid to go do that.  We…”

Mayor Miller commented, “Councilmen!”

Councilmember Kondik commented, “No! No!  Whoa!  Whoa!  Whoa!  Stop right there Mayor!  Stop right there.”

Mayor Miller commented, “You guys…”

Councilmember Kondik commented, “You know, we do this…we do this from…from…from…the bottom line is, if we do anything but talk about things that...the road salt we were talking about…the price of it.  Should we buy it now?  Should we buy it then?  Uh…I mean there are half a dozen to a dozen things.  We talked about the insurance that…should we carry insurance for…for Council people at the next uh…uh…administration and things like that.  There are a lot of things that we discuss there that we don’t discuss here because we’re not together all the time.  You know.  Oh, by the way.  By the way.  After every Finance Committee in the last three years, other than maybe one or two…did I call Harold?  No.  Did I call you?  No.  Did I call Frank?  Out of 36 Finance Committee meetings that you guys were at, 28, 30.  Did I call?  This is a function that we need to do.  We do.  We…”

Councilmember H. Miller commented, “Let me just say one thing.  The Finance Committee is there to take a look at, recommend…uh…whether the City Council should approve, not approve, or should we come to Council with the amended (unintelligible) of Council.  And there will be times when we will…may miss something.  But, that’s why it comes to full Council.  You’re depending on three…three members of Council to sit on Finance Committee and make those kinds of decisions.  Dale, we were disappointed that you resigned, because you’re very diligent in your investigation of these…these kinds of things, and we all need to do that.  But, if all we…remember the Finance Committee does not have the final say.  We screen out, we review, we recommend that it comes to the Council floor.  Or, we can discuss every issue that…that the Finance…the Finance Committee looks at here at Council floor on Council night.  But…um…that…that’s an…you…you caught a…a good example, and we need to go back and (unintelligible) so you don’t have…”

Councilmember Moore commented, “Well, we have the answers.”

Councilmember J. Miller commented, “We have the answers.”

Councilmember H. Miller commented, “Well, what are those issues?”

Councilmember Moore commented, “OK.  There you go Jerry.”

Councilmember J. Miller commented, “All right.  Basically, on the transit, on the additional monies.  What that is for is one of the things that was brought out during the investigation through the Federal Transit when they came in here last July.  I believe it was…was our preventative maintenance program was lacking.  OK.  We weren’t meeting the required times that we had to have the oil changes, inspections, so on and so forth.  Public Works, of course, takes care of the entire City.  Therefore, they were having a hard time.  They would fix our buses when they break down.  They would take care of the repairs, but they were having a very hard time meeting the time frames that we needed to meet to do the preventative maintenance.  So, basically, what this additional money is is so we can go outside and get our inspections on time.  We can also get our oil changes, what have you, done, so that we don’t lose the federal dollars that we have that supports the program that transports not only the senior citizens, the handicapped, some of the school children and others throughout the city.   And, that’s the reason that we’re asking for the additional monies.”

Councilmember DeMasis commented, “Hey Jerry, what do they have?  Junks.”

Councilmember J. Miller commented, “Pardon me?”

Councilmember DeMasis commented, “What do they have?  Junks…that they always need money.  It seems like they’re broke down.”

Councilmember J. Miller commented, “No.”

Councilmember DeMasis commented, “I’ll tell you, they sure don’t…”

Councilmember J. Miller commented, “Actually, we have three…three, three year or older buses. One of the buses is in the process at the moment of being auctioned off.  OK.  We just got a brand new bus last month.  I went to Charleston with…uh…Tim.  We picked it up and brought it back…uh…to replace one of the buses.  One of the problems, you’re right, is the age of the buses.  The preventative maintenance still has to be done.  That is still one of those things that has to be checked, and it has to be done on a regular basis.  There’s…there’s a set criteria.

Oh…the reason that…uh…uh…the second question that…uh…Dale brought up to me, is the reason it’s done…uh…in New Cumberland.  Nick’s Auto is the one doing the…uh…maintenance at this point for us.  Uh…the reason it’s being done in New Cumberland is there is not a certified diesel mechanic here with his other facility.  And, that’s the reason that we went up there.”

Mayor Miler thanked the Council members for their comments.

The motion to amend the resolution passed by majority, 6/0 with Councilmember J. Miller abstaining because he is on the Board of the Weirton Transit Corporation.

The motion to accept the resolution as amended passed by majority, 6/0 with Councilmember J. Miller abstaining because he is on the Board of the Weirton Transit Corporation.

RESOLUTION

RESOLUTION AUTHORIZING CITY MANAGER TO

PAY ADDITIONAL FUNDS TO WEIRTON TRANSIT CORPORATION

WHEREAS,  Council has heretofore given its support to the Weirton Transit Corporation  for the purpose of providing affordable transport to the City’s residents; and

WHEREAS,  Council has received a request from the said authority for an additional Four Thousand, Three Hundred Sixteen Dollars ($4,316.00) in funds for the purpose of performing maintenance on the vehicles operated by the authority; and

WHEREAS, Council is aware that it has already provided for payment of all funds due under its agreement with the said authority for the fiscal year which is about to end, yet it also understands the importance of keeping the said vehicles well maintained for the safety of the authority’s riders and for the safety of other persons on the roads and highways;   

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 PAY TO THE WEIRTON TRANSIT CORPORATION THE SUM OF FOUR THOUSAND, THREE HUNDRED SIXTEEN DOLLARS ($4,316.00) FOR USE IN THE MAINTENANCE OF THE VEHICLES OPERATED BY SAID TRANSIT CORPORATION.

DATE:        June 12, 2006

                                                                             _______________________

                                                                                              MAYOR

ATTEST:

_______________________

CITY CLERK

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

WEIRTON REDEVELOPMENT AUTHORITY

Mark Zatezalo

540 North 12^th Street

Weirton, WV 26062

Reappointment 08/01/2006 to 07/31/2011

Michael Gianni

107 White Park Drive

Weirton, WV 26062

Reappointment 08/01/2006 to 07/31/2011

Motion was made by Councilmember J. Miller, second by Councilmember Dalrymple.

Motion was carried by majority, 7/0.

CITY SERVICE FEE APPEAL BOARD

Dean Makricostas

104 Sherry Court

Weirton, WV 26062

(Per Mayor Miller)

Reappointment 07/01/2006 to 06/30/2008

John Larch

113 Sharon Drive

Weirton, WV 26062

(Per Mayor Miller)

Reappointment 07/01/2006 to 06/30/2008

John Porco

3036 Elm Street

Weirton, WV 26062

(Per Councilmember Moore)

Reappointment 07/01/2006 to 06/30/2008

Beth Gaughan

200 Municipal Plaza

Weirton, WV 26062

(Per Councilmember H. Miller)

Reappointment 07/01/2006 to 06/30/2008

Motion was made by Councilmember Moore, second by Councilmember Veltri.

Motion was carried by majority, 7/0.

CITIZENS WITH DISABILITIES COMMISSION

Mayor Miller commented, “There’s a list of an 11-member board and I’ll ask Councilman Miller just to make a few comments about this.  We do have one of those that’s going to be on the…uh…Commission here tonight, Joe Sligar, which is a good thing.  Councilman Miller, if you want to say a few things on…about this.”

Councilmember Miller commented, “Well, it’s a newly created Commission.  Uh…it concerns citizens with disabilities in the City.  Uh…there are a lot of disabilities that go unseen and, un…unattended.  Um…when you have a physical disability that’s visual, such as being in a wheelchair and handicapped or using crutches, we can all see it.  There are many people in our community that are autistic or have visual impairments that we put up obstacles that need to be corrected to help those individuals.  Uh…many times and I’ve seen it in the County and the City where we’re using dark paint on hand railings.  If you’re visually impaired, you can’t see that at night, and you can hardly see it in the day time.  Those are just certain issues.  There are certain…uh…functions that go on that…uh…uh…a visually impaired person can’t see a pot hole on a sidewalk and they’ll trip on it.  Someone in a wheelchair can go around it.  Not that that…certainly not diminishing their...the reason their in a wheelchair.  But the Commission came about by the need to have the community become more aware of servicing all individuals with handicaps, and it’s not just the ADA as explained to us from the Federal Government.  And…um...when we established the Commission, we required a member of Council to be on…involved, and Mr. Dalrymple has agreed to serve on that Commission as a representative, so that the Commission has some meat, and then they can come up with a plan, an agreement, and ideas to help all disabled and handicapped live more comfortably in our City.  Then, maybe we can assist them in getting some of those things accomplished.  Always through City or State when they through volunteer groups that want to participate.  It’s…um…it’s been well received and with some enthusiasm.  I appreciate the Mayor’s support and all of Council.”

Mayor Miller thanked Councilmember Miller for his comments.

(3-YEAR TERM)

Jason Miller

120 Lexington Court

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2009

Dr. J. K. Luthra

314 Penco Road

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2009

Millicent Gerbo

348 Thurman Avenue

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2009

Motion was made by Councilmember Veltri, second by Councilmember J. Miller.

Motion was carried by majority, 6/0 with Councilmember Dalrymple abstaining as he is also a nominee to the subject board.

(2-YEAR TERM)

Jerry Burner

217 Pross Street

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2008

Joe Sligar

Freedom Place

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2008

Lou Serra

Weirton Geriatric Center

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2008

Motion was made by Councilmember J. Miller, second by Councilmember Veltri.

Motion was carried by majority, 6/0 with Councilmember Dalrymple abstaining as he is also a nominee to the subject board.

(1-YEAR TERM)

Thomas Hagg

110 Glenview Drive

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2007

David Dalrymple, Councilman

303 Bell Boulevard

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2007

Renee Virtue

3709 Hanlin Way

Weirton, WV 26062

Appointment 06/01/2006 to 05/30/2007

Motion was made by Councilmember Veltri, second by Councilmember DeMasis.

Motion was carried by majority, 6/0 with Councilmember Dalrymple abstaining as he is also a nominee to the subject board.

WEIRTON PARKS AND RECREATION BOARD

Ted Dragisich

Buchanan Way

Weirton, WV 26062

Reappointment 07/01/2006 to 06/30/2012

Motion was made by Councilmember Kondik, second by Councilmember J. Miller.

Motion was carried by majority, 7/0.

ADMINISTRATIVE REPORTS

Mr. Rosnick commented, “Nothing to add.”

Mr. Brown commented, “Nothing to add Mayor.”

Mr. Weigel commented, “I would just like to add that if you haven’t been up to Starvaggi Park…um…we’ve had a lot of compliments.  We were told the park looked beautiful.  The…uh…Starvaggi Civic Association did a wonderful job in helping complete another phase of the playground and installing another large picnic shelter in the playground area.  On the 20^th of this month, they will be having an open house and welcoming…um…all citizens and anybody interested to come up.  It will be from 4 to 7.  It should be a great evening.  We have varsity basketball league that will be going on.  We’ll have an open house over at the playground, the picnic shelters.  And, I’d like to invite Council and anybody to come on up and…”

Mayor Miller commented, “What date is that, Terry?”

Mr. Weigel commented, “That’s Tuesday, June 20^th.”

Mayor Miller commented, “The big question from the Mayor.  Will the pool have water in it?”

(LAUGHTER)

Mayor Miller commented, “That’s an inside joke.”

Mr. Weigel commented, “If it continues as is, yes we’re going to have water.”

Ms. Gaughan commented, “Nothing further.”

Chief Cole commented, “Nothing additional.”

Mr. Rekowski commented, “Nothing more other than to say that this is our registration this week for our Summer Reading Program for children in the community.  And, it begins…the registration is this week.  The program begins next week and will end on the first week of August.  So, we’d like to make everyone aware that reading is going to be flying at the beach of the Summer Reading Program.”

Chief Scott commented, “Nothing at this time.”

Rick Ohalek commented, “Nothing at this time Mayor.”

TREASURER’S REPORT

Valarie Means gave the treasurer’s report for May 2006, stating:

Beginning Cash Balance:                       854,480.34

Interest:                                             585.80

Deposits:                                            1,253,146.82

Disbursements:                                    1,421,347.46

Ending Cash Balance:                           686,865.50

Investment Balance:                             1,739,670.29

Petty Cash Fund:                                 700.00

Total Cash and Investments Available:   2,427,235.79

Ms. Means commented, “You have in your packet today 4 bills for your approval that total $17, 219.71.”

Councilmember Moore commented, “Our Finance Committee took care of them.”

Ms. Means commented, “And they did look at them.  Yes, they did.  And, they questioned them.”

Councilmember Moore commented, “Great!”

Motion was made by Councilmember Kondik to accept the financial reports and pay the bills, second by Councilmember DeMasis.

Motion was carried by majority, 7/0.

Motion was made by Councilmember J. Miller to accept all department head reports, second by Councilmember Dalrymple.

Motion was carried by majority, 7/0.

ADJOURNMENT

With no further business before this June 12, 2006 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.

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