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CITY OF WEIRTON REGULAR COUNCIL MEETING JANUARY 9, 2006 MINUTES
Meeting called to order
Roll Call Councilman DeMasis Absent Councilman Harold Miller Councilman Dale Moore Councilman Jerry Miller Councilman David Dalrymple Councilman Frank Veltri Councilman George Kondik
Pledge of Allegiance
Mayor Miller requested a moment of silence for all the coal miners who lost their lives at Sago Mines. He hoped and prayed for the continued recovery for the 13th member of that group of men. The Mayor hoped that this nation would afford him comfort and compassion, as well as, strength to carry on.
Minutes from December 12, 2005 were presented to the Council for approval A motion was made by Councilman Jerry Miller to accept those minutes and second by Councilman Dale Moore.
The motion was carried unanimously.
Mayor’s Awards and Proclamations None
Communications Mayor Miller announced that the City is continuing with the water breaks throughout the city. There were 19 failures in November, 25 in December, and so far 5 in January 2006. As they continue he asks the public to be patient as he knows the crew will get there as soon as they can to take care of the situation.
Mayor Miller read a letter from Councilman DeMasis, as he was ill, on the subject of the Resolution to authorize City Manager to enter into agreement with Tri-State Manufacturing and Supply and Josephine Kusic for the demolition of certain buildings and the purchase by the City of a vacant lot.
Councilman DeMasis stated that he was totally against that Resolution, as the monies being used are CDBG funds which had been allocated to Ward IV on behalf of the less fortunate.
CDBG funds were set up before this administration was set in place and for the sole purpose of those that are less fortunate. This money belongs in Ward IV and is to be spent ONLY in those areas specified.
I have spoken to Beth Gaughn about a project for the downtown area and this money could have been used for that project. This money would have removed the blight and would have helped alleviate the problem of our children being in dangerous traffic areas, as well as, drug infestation.
Ward IV can not move forward without the funds allocated to it by the United States Government.
Councilman DeMasis
Mayor Miller asked if Beth Gaughn had any comments to make, and she did not.
Councilman Moore asked Ms. Gaughn what ward Tri-State Manufacturing and Supply was in, and she said that it was in Ward IV.
Citizens Comments
Don Gianni Jr., 104 Lisa Court – He is representing the Weirton Chamber of Commerce, the Board of Directors, and nearly 104 member businesses, he thanks Councilmember’s, Mayor Miller, and the City Manager for all the work that they have done to hold true to their word and come up with the Resolutions that resulted in the best interest of their members along Pennsylvania Avenue. With that he wanted to encourage all of the Councilmember’s to pass the second reading or the UDO Amendment, which is important.
Gary DuFour, City Manger requested an Executive Session with City Council to talk about matters of personnel and contract. He asks that the Council holds back until after they are done with the business that nights agenda.
This motion was moved by Councilman Kondik and second by Councilman Jerry Miller.
The motion was carried unanimously. OLD BUSINESS
1. Second Reading of Ordinance No. 1474. Amendment No. 646 to the Traffic control Map Ordinance No. 214 of the City of Weirton (Rescinding “No Left Turn” from Freedom Place High Rise).
A motion was made by Councilman Kondik to accept this Ordinance and second by Councilman Jerry Miller.
Councilman Moore made a comment regarding a customer of his who was making a wrong turn onto the highway. There was an elderly lady driving who was injured and the passenger was killed. He would hate to see an accident such as this happen at that intersection, where three (3) lanes of traffic would have to be crossed to make a left turn.
Councilman Kondik replied that he was sure that this scenario happens all over the country, but what we are looking at is a need situation. It was recommended by the State and asked for by the property owners.
Councilman Dalrymple agreed with Councilman Moore that this was a dangerous area and does not agree that it should be rescinded.
Mayor Miller called for a roll call vote: Councilman Kondik Yes Councilman H. Miller No Councilman Moore No Councilman J. Miller Yes Councilman Dalrymple No Councilman Veltri Yes
Mayor Miller commented that with a 3-3 tie that means it is up to the Mayor, and in lieu of why the sign was put in place originally, like 25 years ago, and where we are now with the turning lane he will then vote.
The Mayor cast his vote as: Yes
This Ordinance carried with a 4-3 vote.
2. Second Reading of Ordinance No. 1475. Ordinance Adopting the Recommendations of the Weirton Planning Commission Regarding the Zoning Map Classification of Certain Parcels Located on Pennsylvania Avenue.
A motion was made by Councilman Veltri to accept this Ordinance and second by Councilman H. Miller.
Councilman Kondik read a statement from the Weirton Chamber of Commerce, which summarizes this whole thing. “Number 4 – Given the job losses experienced by our community we need to limit any obstacles to businesses expansion and growth, even for a limited period”.
Councilman Moore asked if it said, “As Amended” (In the title). He continued and asked if both 2 and 3 (as in item numbers) say “As Amended”.
Mayor Miller said that it should say as amended or they would be back to the original.
Mayor Miller said that the motion had been made and second and this on the Ordinance “As Amended”, which was amended at the last Council meeting.
The motion was carried 6-0.
3. Second Reading of Ordinance No. 1476. Ordinance Amending the Text of the Unified Development Ordinance (UDO) to Permit Certain Business Activities as Recommended by the Weirton Planning Commission.
A motion was made by Councilman J. Miller to accept this Ordinance and second by Councilman Moore.
The motion was carried 6-0.
4. Second Reading of Ordinance No. 1477. Ordinance Modifying Ordinance No. 1313, as Amended, by Raising the Salaries of Employees Who are Members of the Weirton Municipal Employees union (WMEU) and Providing for Retroactivity of the said Changes to July 1, 2005.
A motion was made by Councilman Veltri to accept this Ordinance and second by Councilman Dalrymple.
The motion was carried 6-0.
Mayor Miller thanked the City Manager, Gary DuFour, who did the negotiations for he did a good job.
NEW BUSINESS
1. Ordinance Modifying Ordinance No. 1313, as Amended, by Raising the Salaries of Employees Who are Members of the Fraternal Order of Police, Weirton Lodge #84, and Firemen Who are Members of the Weirton Firefighters Association, Local #948, Providing for Increases in the Salaries of the Chiefs of the said Departments; Providing for Retroactivity of the said Changes to July 1, 2005, and Authorizing the City Manager to Sign Contracts Necessary to Place These Changes Into Effect.
A motion was made by Councilman Dalrymple to accept this Ordinance and second by Councilman J. Miller.
The motion was carried 6-0.
Mayor Miller extended his thanks to the City Manager and the Finance Director, Valerie Means. They had a specific amount of money to work with and she then passed that information to the City Manager and he was able to negotiate with the Police and Fire Associations, which was not an easy issue. He commented that they could rest assured of that because some of them carry guns and other carry fire hoses, and with that in mind it went well.
2. Resolution Amending Resolution Passed December 12, 2005 to Purchase Vehicles for Fire Department Utilizing State contract Purchasing Procedure.
Mayor Miller asked if Council fully understood that this was one that there was some concern with the words. Councilman Moore asked for a motion first, then to make a comment.
A motion was made by Councilman Moore to accept this Resolution and second by Councilman Kondik.
Councilman Moore indicated that this was an accounting issue. They are purchasing a new vehicle for fire. They are selling their old vehicle to Inspections. In the Resolution last month (December 12, 2005) they just approved the net of the purchase. This month they have to approve the gross amount of the purchase, and then they will do an interdepartmental transfer of funds. Ms. Means interjected that it has already been transferred by a Budget Revision.
A motion has been made so the Mayor called for a vote on this Resolution.
The motion was carried 6-0.
3. Ordinance to Regulate the Discharge of Storm Water on City of Weirton, Specifically the Depositing of Storm Water on Roadways in Sub-freezing Temperatures.
A motion was made by Councilman J. Miller to accept this Ordinance and second by Councilman Veltri.
Councilman J. Miller commented that the reason this Ordinance has been presented was that because there are many springs around Weirton, and one of those locations is in his Ward. The gentleman had a sub-pump and as the water was being pumped out of his basement, it went into the street. They were able at this particular location tie into the storm sewer, however, once the water hits the street it becomes a liability for the City, so the reason for the Ordinance is to eliminate the City’s liability, which helps all of us.
The motion has been made to accept, and now the Mayor called for a vote.
The motion was carried 6-0.
4. Resolution to authorize City Manager to enter into Agreement with Tri-State Manufacturing and Supply and Josephine Kusic for the Demolition of Certain Buildings and the Purchase by the City of a Vacant Lot.
A motion was made by Councilman Kondik to accept this Resolution and second by Councilman Veltri.
The motion was carried with a 6-0 vote.
Minutes reflect the opposition of Councilman DeMasis in his letter before the Council earlier that evening.
Mayor Miller applauded Council for passing this Resolution.
Mayor Miller thanked City Attorney, John Yeager and the City Manager, Gary DuFour who sat with him in the negotiations with Mr. Kusic. It was a long arduous task and he appreciates the time and effort put forth by these individuals.
Mayor Miller also thanked Mr. Kusic for his involvement in this.
Mayor Miller extended his thanks to Beth Gaughn and Rod Rosnick for the part they played in this agreement.
Mayor Miller believes this is a win win situation for not only Mr. Kusic but also for the City. With that he thanks them all for their part in bring this about.
5. Ordinance regarding Rezoning of Parcel 0148 of Tax Map W43B located at 101 Cross Street from R-1 Single Family Residential to C-1 Highway Commercial.
Mayor Miller commented that he had discussion with some of the Councilmember’s and he thinks that at this point in time, he would like to entertain a motion to Table this Ordinance for more information and data.
A motion was made by Councilman Dalrymple to Table this Ordinance for further information and second by Councilman J. Miller.
The motion was carried 6-0.
Appointments to Various Boards and Commissions
Reappointment of Bob Mrvos, 224 Beacon Drive Ext. to the Zoning Board his term being from 1/1/06 to 12/31/08: (Sponsored by Councilman Dale Moore)
A motion was made by Councilman Moore to accept this reappointment and second by Councilman J. Miller.
The motion was carried 6-0.
Appointment of Joe Evano, 253 Scenery Drive to the Mary H. Library Board with his term being from 1/1/06 to 12/31/08:
A motion was made by Councilman Moore to accept this appointment and second by Councilman J. Miller.
The motion was carried 6-0.
Administrative Reports from Various Departments
Police Department, Chief Scott – Chief Scott announced that the department had received a $6,000 Grant from the West Virginia Governor’s Highway Safety Program. They will be running DUI Safety Check Points and DUI Enforcement Programs in about two (2) weeks and extending close to four (4) weeks.
Fire Department, Chief Cole – Nothing additional to report.
Public Works, Brae Bryant – Mr. Bryant announced that the Recycling Department began the collection of live Christmas trees, and that will run through next Friday. That is on the regular scheduled refuge day.
Public Utilities, Butch Mastrantoni – Nothing to further to report. Mayor Miller commented that they have been 48 breaks since November.
Mr. Mastrantoni announced for the benefit of the downtown residents that the Water Treatment Plant is just now coming back on line. Water Service was interrupted for about 2 hours downtown due to a water line break on Lee Avenue. The repairs were made and the water is coming back up.
Parks and Recreation, Terry Weigel – Nothing further to report.
Mayor Miller asked where they were with Mary H. Weir pool. Mr. Weigel said that the Park Board is considering what to do as far as operating the two outdoor pools. The attendance was low and also the membership sales were very low, so they are going to be considering operating only one pool. That will come at this months Park Board meeting.
Councilman Dalrymple asked Mr. Weigel it the statistics on participation of the pool based on membership only, or do you factor in walk-in traffic from day to day? Mr. Weigel said that they look both day pass sales and membership sales. They both have to be counted. Membership sales are affected by the first three (3) weeks of sales. If it is cool weather then sales are greatly affected.
Library, Rik Rekowski - The Library would like to thank Senator Bowman and Delegates for a grant from the West Virginia Legislature for $25,000 to the Mary H. Weir Public Library. This is not for personnel or operational budgets. It is for renovations to the building. He thanks everyone for this gift.
Treasurer’s Report, Valerie Means – December 2005 – Beginning Bank Balance of $1,468,386.71; Deposits $541,047.43; Draw from Investment Account $400,000; Disbursements $2,189,006.65; Cash Balance $220,427.49; Investment Balance $2,415,401.38; Leaving Total Cash Investments $2,636,528.87.
Bills to be paid $6,193.04
A motion was made by Councilman Kondik to pay the bills and second by Councilman J. Miller.
The motion was carried with a 6-0 vote.
A motion was made by Councilman Moore to accept the Department Head Reports and second by Councilman Veltri.
The motion was carried 6-0.
Mayor Miller entertained a motion to follow Roberts Rules of Order and convene into Executive Session.
A motion was made by Councilman Moore to convene and second by Councilman J. Miller.
The motion was carried 6-0.
Everyone was excused to leave while Council met.
Council reconvened at 7:49 P.M.
Councilman Moore made the motion to come out of Executive Session and reconvene the regular meeting of the City Council and second by Councilman Veltri.
The motion was carried 6-0.
Mayor Miller led a concluding prayer.
Councilman Dalrymple moved that Council adjourn and second by Councilman Moore.
ADJOURNED
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