WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
JANUARY 08, 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 January 08, 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: 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: Brae Bryant Public Works Director Kessler Cole Fire Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Valerie Means Finance Director Rik Rekowski Mary H. Weir Public Library Director Rod Rosnick Chief Code Official D. Lance Scott Police Chief Cody Shingle Parks and Recreation John Yeager City Attorney
Others in Attendance: Citizens Media Weirton Daily Times, Jason Howard
Mayor Miller led the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember J. Miller and second by Councilmember DeMasis to approve the updated minutes of the: December 11, 2006 – Regular Council MeetingThe motion carried, 7/0.
A motion was made by Councilmember Moore and second by Councilmember Dalrymple to approve the updated minutes of the: December 22, 2006 – Special Council MeetingThe motion carried, 7/0.
COMMUNICATIONS
Mayor Miller commented, “City Clerk…we’re going to have the City Election coming up…just go over the dates for the press again.”
Mr. Maher commented, “We began candidate filing today, January 8th. Candidate filing will last through January 27th. That’s a Saturday. The City Building is open Monday through Friday from 9:00 AM until 5:00 PM. The 15th, we have Martin Luther King, Jr. Day. The City Building will be closed. On the 27th, on that Saturday, that will be the last day that we will accept the filings. We will be open from 9:00 AM until 12:00 only. That will be my office only. I’m not volunteering the rest of the building to be available. The Primary Election will be on April 03, 2007. The General Election will be on June 12, 2007.”
Mayor Miller commented, “Thank you Tom. Under Communications, also, I’d like for John Yeager just to give us a brief update on the lawsuit concerning the Kusic Building. Where are we at with that?”
Mr. Yeager commented, “Your honor, I’m just reviewing here, Mr. Fahey’s response which was due on the 5th. I’m a little late with mine because of some illness. But, that was the date for legal issues and supporting law to be given to the judge. These are briefs telling the judge generally what the case is about, who made the contracts, what the contracts promised to do, when they promised to do it. Judge Wilson has set this on what, to me, seems to be a pretty…a pretty quick schedule, and he’s got a pre-trial conference set for March 19th at 11:00. And, it seems to me that we’ll probably be on track to get this over with in the relatively near future. Besides, what the court has planned for this is the fact that both parties have been in agreement that this will be done just as soon as possible. Although I don’t see the visible results of that agreement yet, I do believe that Mr. Kusic will act in good faith, and I don’t think that the court is going to be compelled to tell him to do this. I think it will carry itself on, and we’ll see the place come down pretty soon.”
Mayor Miller commented, “Are there any questions to the City Attorney on that?”
Councilmember Moore commented, “Only that we are doing everything in our power to get that building to the ground.”
Mr. Yeager commented, “Yes.”
Councilmember Kondik commented, “I’d like to recognize Nancy James, who is in the audience. She is here as a part of Leadership Weirton.”
(Applause)
Mayor Miller commented, “Welcome aboard. That’s a fine, fine group, and you will learn a lot about the City through it. Thank you for showing up.”
OLD BUSINESS
Ordinance No. 1517: (Second Reading) AMENDING ORDINANCE NO. 1367 AND PROVIDING THAT “TOUCH SCREEN IVOTRONIC” AND SIMILAR VOTING MACHINES MAY BE UTILIZED IN CITY ELECTIONS.
Motion was made by Councilmember DeMasis, second by Councilmember Dalrymple.
The motion passed by majority, 7/0.
ORDINANCE # 1517
AN ORDINANCE AMENDING ORDINANCE NUMBER 1367 AND PROVIDING THAT “TOUCH SCREEN I VOTRONIC” AND SIMILAR VOTING MACHINES MAY BE UTILIZED IN CITY ELECTIONS
WHEREAS, The Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia has authority to change and modify its Ordinances and resolutions as required by time and circumstance; and
WHEREAS on the 30th day of December, 2002 City Council passed Ordinance # 1367 on its second reading; and
WHEREAS numbered paragraph 2 of that Ordinance provides that voting could be done in the City by means of “paper ballot, lever machine, punch card, optical scanner, touch screen, or any other method approved by the West Virginia Secretary of State’s Office” and
WHEREAS numbered paragraph 3 of the same Ordinance limits the provisions of numbered paragraph 2 by providing “that, until changed by future Ordinance of City Council, the City of Weirton shall, at its discretion, utilize either lever voting machines, punch cards, and/or paper ballots for all of it’s municipal primary and general elections;” and
WHEREAS the Touch Screen iVOTRONIC voting machine is in use in the majority of the counties in the State of West Virginia, and that its use would be beneficial to the citizens of the community for the sake of economy, accuracy, ease of use, and rapidity of learning the results of the democratic process; and
NOW, THEREFORE, be it ordained by the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia, that Ordinance #1367 “MUNICIPAL ELECTION ORDINANCE CONCERNING METHOD OF VOTING” shall be and hereby is AMENDED in that the paragraph numbered “3 shall henceforth be of no force and effect whatsoever; and it is further ordained that the City may, at its discretion, utilize touch-screen voting as a method of voting in its future primary and general elections until and unless this Ordinance number 1517 is amended by Council. It is further specifically ORDAINED that the “Touch Screen Ivotronic” machine and others of similar type shall be among those methods to be used in City primary and general elections until Council decides otherwise.
This ordinance shall become effective on the 30th day after its second reading and passage by Council.
First Reading: December 22, 2006 Publication Date: December 28, 2006 Second reading: January 08, 2007
Mayor
ATTEST:
City Clerk
NEW BUSINESS
Resolution AUTHORIZING REVISIONS TO THE 2006-2007 FISCAL YEAR GENERAL FUND BUDGET.
Motion was made by Councilmember J. Miller, second by Councilmember Veltri.
ROLL CALL VOTE
Councilmember Kondik Yes Councilmember Veltri Yes Councilmember Dalrymple Yes Councilmember J. Miller Yes Councilmember Moore Yes Councilmember H. Miller Yes Councilmember DeMasis Yes
The motion passed by majority, 7/0.
RESOLUTION
TO AUTHORIZE REVISIONS TO THE 2006-2007 FISCAL YEAR GENERAL FUND BUDGET
At a regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, held on the 8th day of January 2007, the following order was made and entered: SUBJECT: The revision of the 2006-07 Levy Estimate (Budget) for the General Fund Budget. 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 2, a copy of which is 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: January 8, 2007 _________________________ Mayor ATTEST:
_________________________ City Clerk
Ordinance No. NEW (First Reading) TO AMEND ARTICLE III, SECTION 2 (C) OF THE CHARTER OF THE CITY OF WEIRTON, WEST VIRGINIA, GIVING COUNCIL AUTHORITY TO DISCHARGE APPOINTED OFFICERS BY A TWO-THIRDS MAJORITY.
Motion was made by Councilmember Moore, second by Councilmember Dalrymple.
Councilmember Moore commented, “At the present time the Council, the City Charter doesn’t afford Council any procedure with which to remove an appointed officer. It allows for the Mayor to remove an appointed officer, and that appointed officer can appeal to Council, either to confirm the Mayor’s dismissal or to overrule it. But there is no procedure by which Council can remove an officer. The reason this is here, and the reason I waited so long, there is no one…this has no reflection on any officer in this administration. It is just, in my opinion, a lack of check and balance in the charter. The charter change can be made in one of two ways. If it is passed by Council and it is not challenged by a citizen, it becomes law. If it is challenged by a citizen it goes to the municipal election ballot. I would encourage, if this is passed, that citizens challenge this, because I believe this should go on the ballot. If we don’t do this now, it has to wait another four years for the next municipal election ballot. We already have one charter, proposed charter change coming on this municipal election ballot from over three years ago. So, the timing on this is to get it on this municipal election ballot, let the public decide if they want to see this. This is somewhat a shift of power. This is a power that only the Mayor has at this time. Only the Mayor can dismiss an appointed officer. This would be a shift to allow Council that power as well. And, I’m moving on it on this time just so it can make this municipal election ballot, so there can be a decision on this item. Our charter is approaching 60 years old. The Mayor has mentioned that possibly the next administration may want to do a comprehensive review of the charter which probably is a wise decision. But, at this time I would like support for this potential charter change, so if it passes, it can be included on this municipal election ballot.”
Mayor Miller commented, “And, for those of you that don’t know, the appointed officials would be the City Manager, Chief of Police, City Clerk, City Attorney and City Judge. There’s five appointed officials, and that’s done by the Mayor through Council. And, then the City Manager then picks up on the other four and Council also has to approve that. So, I agree with Councilman Moore that if indeed this does or is passed by this Council tonight that we would expect some citizens to challenge it. And, I certainly will stand up and challenge it too, because I think the shift of power is not good. We’ve operated for some sixty years this way, and I would like to see it continue to go on. But, be that as it may, the motion has been made and seconded, comments have been made. Are there any more comments?”
The motion passed by majority, 7/0. Resolution AUTHORIZING THE CITY MANAGER TO SUBMIT PAYMENT FOR FISCAL YEAR 2004 INVOICE TO THE WEST VIRGINIA CONSERVATION AGENCY.
Motion was made by Councilmember J. Miller, second by Councilmember Moore.
The motion passed by majority, 7/0.
R E S O L U T I O N
RESOLUTION TO AUTHORIZE THE CITY MANAGER TO SUBMIT PAYMENT FOR FISCAL YEAR 2004 INVOICE TO THE WEST VIRGINIA CONVERSATION AGENCY
WHEREAS, the City of Weirton are owners and operators of six (6) flood water retarding structures located within the Harmon Creek Watershed; and,
WHEREAS, through funding the West Virginia Legislature has enabled the West Virginia Conversation Agency, hereinafter referred to as WVCA to provide match funding for the Operation, Maintenance and Repair Watershed Program; and,
WHEREAS, the WVCA deposited Thirty Thousand Dollars ($30,000.00) in Fiscal Year 2004 that was not matched by the City of Weirton due to budgeting constraints and will need to be matched to satisfy the original agreement to date.
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 submit payment to the WVCA in the amount of Thirty Thousand Dollars ($30,000.00) for the Operation, Maintenance and Repair Cost Sharing Program and said funds shall be deposited in an interest bearing account. Said contribution is a budgeted item and shall be paid by the General Fund.
Date: January 08, 2007 _____________________________________ Mayor
ATTEST: ____________________________________________ City Clerk Ordinance No. NEW (First Reading) AMENDING THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON ESTABLISHING A NO PARKING ZONE FOR A DISTANCE OF 50 FEET IN BOTH DIRECTIONS FROM THE APEX OF THE CURVE THAT IS LOCATED ON FERNWOOD AVENUE WHEN TRAVELING WEST FROM PALOMINO DRIVE AND PAST FERNWOOD AVENUE’S INTERSECTION WITH CRYSTAL LANE.
Motion was made by Councilmember Moore, second by Councilmember Veltri.
Councilmember Moore commented, “I have pictures here if anyone would like to see them. What happened here was there was an open lot on this corner. And, that property owner went to Zoning for a variance for a six foot high fence, and received their variance. Now, as these drivers approach the turn, if there’s a vehicle parked, actually, on either side of the street, it narrows that street to a single lane. And, with the decreased sight line, especially coming what would actually end up being east, you would move over to avoid the parked car, and now fill the lane and you can’t see oncoming traffic. So, we have a hazard there of possibly having a collision because the road is narrow, and then due to the visibility issue with the extended height of the fence…honestly, I would like to amend this to make this on both sides of Fernwood, not just going, not just the west side. I would like this to be both sides, in that corner only. Where Fernwood is straight and visibility is good, I don’t have a problem with the parking, but when they park in that corner with that fence, you limit, you end up making a one lane road, and you rally don’t have the opportunity to see the oncoming traffic.”
Councilmember Dalrymple commented, “Did this go before the Traffic Commission?”
Councilmember Moore commented, “It went before Traffic Commission and they did not recommend this change. So, at the present time, I would like to amend this to make this a no parking zone for a distance of 50 feet in both directions from the apex of the curve that is located on Fernwood Avenue traveling west, but I would like that no parking zone to be on both sides of the street.”
Councilmember Kondik commented, “Have you talked to your neighbors about this Dale?”
Councilmember Moore commented, “I did, and they’re actually the ones who…they brought it to Traffic. Traffic didn’t recommend it. They’ve since called again, which the City Clerk forwarded me their message. I spoke with her today. She had an appointment tonight and she couldn’t make the meeting, but we’ve gotten several complaints from the residents there because their visibility is now limited because of the fence, and their concerned with the safety with getting through that corner.”
Mayor Miller commented, “Let me ask you a question. Is the no parking…is it all along the fence line, or is it only 50 feet.”
Councilmember Moore commented, “No. It would be from the apex of the curve. Because, once you get around the curve, there’s enough sight line that that doesn’t come into play. It’s just when you come to that curve, if there’s a vehicle parked in the curve, like the elbow of the curve, and now you have to move over to get around the vehicles, you cannot see oncoming traffic because of the fence.”
Mayor Miller commented, “Then are you asking for both sides? The fifty foot section. Is that what you’re saying?”
Councilmember Moore commented, “Right.”
Mayor Miller commented, “OK. It’s already…”
Councilmember Dalrymple commented, “Is there a resident that parks his car on that bend?”
Councilmember Moore commented, “Apparently, they have had issues with parking on the bend. I think the highlighted area here; I think John Brown gave us these photos. We have an issue where he has highlighted on this. Apparently, that is the area where the vehicle tends to park.”
Councilmember J. Miller commented, “Is there a no parking area in there at all?”
Councilmember Moore commented, “No. Only on the 15 feet from the intersections.”
Councilmember Dalrymple commented, “There’s plenty of driveway there to park a car in I see.”
Mayor Miller commented, “Councilman Moore has made a motion to amend…”
Councilmember Moore commented, “Well, actually, I think I read this. It says both. Correct? Does that mean both sides of the street?”
Mr. Maher commented, “It says both directions. It doesn’t say both sides.”
Mayor Miller commented, “It says west from Palomino and past Fernwood, so that…
Councilmember Moore commented, “Should I change directions to sides?”
Mr. Maher commented, “Well, we can…do you want it 50 feet in both directions, or a total distance of…”
Councilmember Moore commented, “Oh. OK. I want both sides of the street.”
Mr. Maher commented, “You want both sides of the street. What’s the distance of the line that you want painted?”
Councilmember Moore commented, “The distance of the line could be the same.”
Mr. Maher commented, “What’s the distance? Fifty feet.”
Councilmember Moore commented, “Right.”
Mr. Maher commented, “You want 50 feet on the inside curve, and 50 feet on the outside curve.”
Councilmember Moore commented, “Correct.”
Mr. Maher commented, “OK. So, we want to say 50 feet in both directions on both sides.”
Councilmember Moore commented, “Correct. That’s what I’d like to amend it to.”
Motion to amend the ordinance was made by Councilmember Moore, second by Councilmember J. Miller.
The motion to amend the ordinance passed by majority, 7/0.
The motion to approve the ordinance as amended passed by majority 7/0.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
WEIRTON SANITARY BOARD:
Mr. Gary Bullock 221 Peacock Lane Follansbee, WV 26062 Appointment: July 01, 2006 to June 30, 2009 To fill the un-expired term of Gerald Nesbitt
Motion was made by Councilmember J. Miller, second by Councilmember Moore. The motion passed by majority, 7/0.
WEIRTON WATER BOARD:
Councilmember Dale Moore 203 Kanawha Road Weirton, WV 26062 Appointment: July 01, 2004 to May 30, 2009 To fill the un-expired term of Tom Grossi
Motion was made by Councilmember H. Miller, second by Councilmember Kondik.
The motion passed by majority, 6/0 with Councilmember Moore abstaining.
ADMINISTRATIVE REPORTS
Chief Cole commented, “Nothing additional to report Mayor.”
Chief Scott commented, “Noting additional sir.”
Mr. Rosnick commented, “Nothing additional.”
Mr. Mastrantoni commented, “Ditto. Nothing additional.”
Mr. Rekowski, “Ditto.”
Mr. Bryant commented, “Ditto.”
Mr. Shingle commented, “Nothing to report.”
Mayor Miller commented, “We may make our football game. Did I forget anybody?”
TREASURER’S REPORT
Valarie Means gave the treasurer’s report for December 2006, stating:
Beginning Cash Balance: 589,589.96 Interest: 1,442.37 Deposits: 554,873.40 Investment Drawdown: 400,000.00 Disbursements: (1,118,235.77) Ending Cash Balance: 427,669.96 Investment Balance: 2,078,962.06 Petty Cash Fund: 700.00 Total Cash and Investments Available: 2,507,332.02
Mayor Miller commented, “Do we have any bills to approve?”
Ms. Means commented, “Yes. Bills totaling in the amount of $18,834.03.”
Motion was made by Councilmember Veltri to pay the bills, second by Councilmember J. Miller.
The motion was passed by majority, 7/0.
Motion was made by Councilmember J. Miller to accept the financial report as well as the department head reports, second by Councilmember DeMasis.
The motion was passed by majority, 7/0.
ADJOURNMENT
With no further business before this January 08, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
|