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CITY OF WEIRTON COUNCIL MEETING – REGULAR FEBRUARY 13, 2006 MINUTES
Meeting called to order
Roll call those present: Councilman Harold Miller Councilman Dale Moore Councilman Jerry Miller Councilman David Dalrymple Councilman George Kondik
Those who were absent: Councilman Henry DeMasis Councilman Frank Veltri
Mayor Miller announced that there was still enough present for a quorum.
City Officials present: William M. Miller, Mayor Gary DuFour, City Manager John Yeager, City Attorney Valerie Means, Finance Director Lance Scott, Weirton Police Chief Bud Cole, Weirton Fire Chief Brae Bryant, Public Works Director Rod Rosnick, Chief Code Official Butch Mastrantoni, Utilities Director Beth Gaughn, CDBG Administrator Rik Rekowski, Library Cody Shingle, Parks and Recreation Dolores Ostrander, City Clerk
Approval of Minutes:
Council had received the minutes from the January 9, 2006 Council meeting and were asked by Mayor Miller if there were any additions or corrections, and there were none.
The motion was made by Councilman Kondik to approve the minutes and second by Councilman J. Miller.
This motion was carried 5-0.
Mayor’s Awards and Proclamations There were none.
Communications
Mayor Miller eulogized Molly Binkowski-Porter, saying that she was one of the community’s prominent citizens, who expired this past weekend. She was the City’s first female Councilwomen, and served from 1975 to 1983. She will be sadly missed by her children, grandchildren and great-grandchildren, as well as, her husband and the citizens of Weirton.
Mayor Miller asked for a moment of silence and prayer for the family of Molly Binkowski-Porter.
Councilman Dalrymple had commented on recent events dealing with parking issues in his ward and other parts of the City. He pointed out some specific facts that the citizens can find under the West Virginia Code 17C1313-3.
Section A: No person(s) can shall stop, stand or park a vehicle, except when necessary, to avoid conflict with other traffic or in compliance with law or direction of a Police Officer for traffic control device in the following places: 1. On the sidewalk 2. A public or private driveway 16. 20 feet from any mail receptacle served regularly by the carrier using a motor vehicle for daily deliveries. With or causing delays in the carrier’s schedule.
Section C: Any person violating the provisions of this section is guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $100; on second conviction within one year after shall be fined not more than $200; upon a third or subsequent conviction shall not be fined more than $500.
Councilman Dalrymple pointed out that they only touched on three parts of a 19 part code. These items are the top three complaints that he has received in the last few years when it comes to parking in residential neighborhoods. Not only are these items State Law, they are also common sense and common courtesy.
Councilman Dalrymple asks the residents of Weirton to please refrain from parking on sidewalks, blocking someone’s driveway, or blocking someone’s mailbox especially during delivery hours. There are laws in place to discourage these actions so think before parking your vehicle and before walking away look around your vehicle and be a good neighbor and good citizens. Park legally and think how you would feel if someone blocked access to your mailbox, sidewalk, or driveway. Your courtesy and cooperation would be greatly appreciated. As a reminder, you cannot leave your vehicle parked for longer than 48 hours, in one location without moving it, on the streets of Weirton. Your vehicle may be towed at your expense.
Councilman Moore commented that he had sent a letter to the Weirton Water Board requesting a change in the date that a penalty for water bills for the citizens of Weirton. He had constituents call and mention that this was a problem and specifically those on fixed income and get their checks early in the month. The Weirton Water Board meets this week on Thursday, February 16, 2006, at noon (12:00 p.m.). He has spoken to members of the Water Board and they are considering it, but uncertain if there is not enough concern and public attendance at the meeting, it will not be a top priority issue for them. They are asking the Board to shift their reading schedules and change the billing schedules, so it is an undertaking, but he is sure that if there are enough concerned people that they will consider this, but if there are not, they will not. He encourages the residents to attend this meeting of the Water Board this Thursday at noon, in order to bring the issue to the attention of the Board so that they deal with this issue.
CITIZEN’S REMARKS
Rick Stead, 3113 Orchard Street - Respectfully declined speaking at that time.
Stanley Zesztek, 206 Country Club Blvd. – Mr. Zesztek was last at Council meeting asking for money for the Kings Creek renovations (Erosion which occurred during the flood of September 2004). He attended this meeting to thank the Mayor, City Manager, Jim McHenry, and the four (4) Councilmen who voted to release that money for this project. He thanked Councilmen George Kondik, David Dalrymple, Jerry Miller, and Harold “Bubba” Miller for voting for those residents in that area to get the project going. The area from Culler Road Bridge down to the trailer court is completed, and he wished that people would go down to look at it, because it is a magnificent job that the West Virginia Soil Conservation did. They did a great job. It was great seeing everyone pull together and working together to get this job started and completed. He knows they get a lot of flak most of the time, but he was there to thank everyone and express the wonderful job that Council did.
Mayor Miller thanked Mr. Zesztek for his comments, because they do receive a lot of heat, and it is nice to see something come together. They had the County and City Government come together along with the State agencies to prove a point that they can take care of the citizens. The Mayor had been down to that area several times and the last was a couple of day earlier and it looks wonderful. At the same point in time, they will have one more major project down there.
Mayor Miller also followed through with Mr. Zesztek’s appreciation to Mr. Jim McHenry who has done a fine job as acting as the point man between the Soil Conservation Agency, the City and the other people doing the job. He informed the City today that they will have the trailer park on the agenda, in which three or four trailer will be removed and cut out the bank. When this job is done, there will be good trout fishing in the creek.
Mr. Zesztek mentioned that the creek was to be stocked around the first week in March.
OLD BUSINESS
1. Second Reading of Ordinance No. 1478. 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 J. Miller to accept this Ordinance and second by Councilman Dalrymple.
The motion was carried 5-0.
2. Second Reading of Ordinance No. 1479. Ordinance to regulate the discharge of Strom 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 H. Miller.
Councilman J. Miller commented so that there was no confusion. This Ordinance it is talking about storm water getting on the roads and causing a hazard. This is not talking about downspouts on your homes, but the water caused by sub-pumps that are set up to be pumped onto the streets and then freezes, which then becomes a liability to the City.
The motion was carried 5-0.
3. Ordinance regarding Rezoning of Parcel 0148 of Tax map W43B located at 101 Cross Street from R-2 Single Family Residential to C-1 Highway Commercial. (Tabled 1/9/06)
A motion was made by Councilman Dalrymple to remove this Ordinance from the table and second by Councilman Kondik.
The motion was carried 5-0 to remove from the table.
Mayor Miller asked three times for a motion to accept this Ordinance.
There was no motion made, which indicates that it died on the table.
NEW BUSINESS
1. Resolution to enter into contract for Liability Insurance Coverage for City fo Weirton.
A motion was made by Councilman Moore to accept this Resolution and second by Councilman Dalrymple.
The motion was carried 5-0.
2. Resolution to enter into contract for the Purchase of Vehicles for Weirton Police Department utilizing State Contract Purchasing Procedures.
A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Dalrymple.
The motion was carried 5-0.
3. Resolution to authorize revisions to 2005-06 Fiscal Year General Fund Budget.
A motion was made by Councilman H. Miller to accept this Resolution and second by Councilman Moore.
Roll call vote: Councilman Frank Veltri Absent Councilman George Kondik Yes Councilman Henry DeMasis Absent Councilman Harold Miller Yes Councilman Dale Moore Yes Councilman Jerry Miller Yes Councilman David Dalrymple Yes
The motion was carried 5-0.
4. Resolution to authorize City Manager to submit application to the West Virginia Development Department for Additional Industrial Access Road Funding for improvements to Birch Drive.
A motion was made by Councilman Dalrymple to accept this Resolution and second by Councilman J. Miller.
Councilman Dalrymple asked Council to back this Resolution. He drives that way to work everyday and it is in bad shape. It may help in the plan for the future of this City by getting this road straightened out.
The motion was carried 5-0.
5. Resolution to authorize purchase and installation of fencing around perimeter of Cove School Building in an amount not to exceed $4,500.
A motion was made by Councilman H. Miller to accept this Resolution and second by Councilman Dalrymple.
Councilman Kondik asked why the Resolution said $4,500, when the bid came in at a lower amount. Mayor Miller explained that this Ordinance was written before the bids came in. They needed to get this done in order to extend their liability on the building. Gary DuFour also explained that they got the bids between the times that this amount was produced as a cap. The final Resolution would be $3,425 as proposal states.
Councilman Kondik asked if Council should vote on the Resolution at $3425 rather than the $4,500. Councilman Moore pointed out that the “not to exceed” was to prevent Council from having to come back and vote on the difference.
A motion has been made and comments are finished. Mayor Miller called for the vote.
The motion was carried 5-0.
6. Resolution to authorize Program Amendment to Community Development Block Grant (CDBG) Budget for Land Acquisition.
A motion was made by Councilman Dalrymple to accept this Resolution and second by Councilman H. Miller.
Councilman Moore made a motion to amend the amount of the Resolution. There was a typographical error, and Mr. Yeager was sure that it was a typo therefore could just be corrected to $61,520.
The motion was carried 5-0.
7. Resolution to authorize extension of Contract with R&D Associates for administration of Economic Development Administration (EDA) Public Works Grant.
A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Moore.
Councilman Moore asked if payment could be extended because of the problem with the 36” sewer line, which pushed back the completion of the program. So, he is asking that there be an extension to close out the prior change orders that came with that.
There were no other questions or comments. The motion was carried 4-1 with Councilman Dalrymple having the opposing vote.
8. Resolution to enter into contract for Renovations to Weirton Municipal Building.
A motion was made by Councilman Moore to accept this Resolution and second by Councilman H. Miller.
The motion was carried 5-0.
9. Resolution to authorize City Manager to submit a grant application through the Federal Emergency management Agency (FEMA) for funding to the Weirton Fire Department.
A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Dalrymple.
The motion was carried 5-0.
10. Resolution to authorize City Manager to submit change orders to the EDA.
A motion was made by Councilman Moore to accept this Resolution and second by Councilman J. Miller.
The motion was carried 5-0.
11. Resolution to authorize City Manager to award the 2006 Paving Contract.
A motion was made by Councilman H. Miller to accept this Resolution and second by Councilman Dalrymple.
Councilman Moore extended his thanks to Brae Bryant for completing this earlier in the season to allow the City to have the paving done earlier in the season so that the residents do not have to travel those streets for the entire summer.
The motion was carried 5-0.
12. Ordinance amending the Codified Ordinances of the City of Weirton by amending part Five, General Offenses Code, by adding Article 509. 11 “Public Nuisances”.
Pulled for language to be defined.
13. Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance No. 50. (Larry Aynes)
A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Moore.
The motion was carried 5-0.
14. Ordinance amending Article III, Section 2 (B) of the Charter of the City of Weirton, West Virginia to remove the requirement that an appointee to the Office of Chief of Police shall have been a city resident for more than one year prior to the appointment and requiring that the Chief of Police and the City Manager become residents of the city within sixty days if they are not already residents.
Pulled for language change.
15. Ordinance modifying Section 155.01 of the Code of Ordinances of the city of Weirton, as amended, providing for the staggering of terms of Members of the Weirton Planning Commission.
A motion was made by Councilman Moore to accept this Ordinance and second by Councilman Kondik.
The motion was carried 4-1 with Councilman Dalrymple having abstained. (His father is a member of the Planning Commission)
16. Resolution to authorize City Manager to enter into contract for purchase of a replacement canine.
A motion was made by Councilman J. Miller to accept this Resolution and second by Councilman Dalrymple.
The motion was carried 5-0.
17. Resolution submitting a proposed Ordinance modifying the text of the Unified Development Ordinance by providing that there shall be no limitations on the period of time during which a temporary and/or portable sign may be displayed.
Pulled for language change.
Appointment to Various Boards and Commissions
There were none.
Administrative reports from Various Departments.
Police Department, Chief Scott – Nothing further for the Administrative Reports.
Chief Scott thanked the Council for recognizing the importance of their Canine Division and allowing them the opportunity to start moving quickly the replacement and training of their Canine Division.
Fire Department, Chief Cole – Nothing further to report.
Public Works, Brae Bryant – Nothing additional to report.
Utilities Director, Butch Mastrantoni – Nothing to report.
Mayor Miller asked about water line breaks. Mr. Mastrantoni said that they have had a couple but they are controllable now.
Councilman Dalrymple asked about the break on Bell Boulevard. Mr. Mastrantoni said that it done. Water is back in the lines instead of out.
Code Enforcement, Rod Rosnick – Nothing else to report, except that they are in their second month of delinquent business licenses and on March 1st they will begin knocking on doors. There are about 80 businesses out of 1,000 that are still delinquent right now.
Mayor Miller said that that was right around 8%.
CDBG Administrator, Beth Gaughn – Nothing further to report.
Library Board, Rik Rekowski – The Library Board will be meeting on Thursday, February 16, at 5 p.m. (That is this Thursday at the Library). Everyone is welcome to attend. At that meeting they will have a six-month report. In that report there are statistics from July through December 31st, which are the first six-months of this current fiscal year, the Mary H. Public Library has circulated over 54,304 books, videos, compact discs and other materials into the community. That is about the same so there has been no decrease so far. Of that people using the Weirton Internet Research Center, over 6, 671 people in six-months have been using those 12 computers on the main floor of the Library. That is about 1,000 a month.
He just got an email from Charleston told them that The West Virginia State Tax Forms that they have is all that they get. Nothing else is coming from the State. Once they run out they are gone.
Mayor Miller asked Mr. Rekowski if the State could not afford to reprint any more forms. Mr. Rekowski said that he asked them the same question. He said they can try to get it on line, but it was a shake up this morning because they are running low. If anyone notices when they go to the Post Offices, there are no boxes sitting around. The County Commission may have some forms there, but he is not sure.
Mayor Miller suggested that everyone call the State Senator’s and find out what the problem is. The State will come and pinch you if you don’t pay your taxes, but if you don’t have the paper work to fill it out; it makes it kind of tough.
Mr. Yeager commented that he wonder if they can perform a service and be dollar wise for it to be done. He doesn’t believe that there is a single tax form that is not available on the internet for people who need it. Maybe this could be a service done by the Library, if they have the personnel! They could print out a copy and then make copies from it. Mr. Rekowski said that they already make that available.
Mayor Miller said that he knows where Mr. Rekowski is going with this, and do 5¢ per copy, and then they can blame the State; because we pay enough taxes that we should be afforded a tax form. The Mayor told Craig Howell, of the Weirton Daily Times, that he could print that too.
Parks and Recreation, Cody Shingle – Nothing to report.
Finance Director, Valerie Means – Gave the report for January 2006. Beginning Cash Balance of: $298,418.61; Interest of: $540.17; Deposits of: $1,739,197.92; Withdrawal from Investment Account of: $700,000; Expenses of: $1,403,971.20; Cash Balance of: $1,334,185.50 with the Investment Balance of $1,715,401.38 gives Total Cash Investments at $3,050,286.88.
There were no additional bills for Council’s approval.
A motion was made by Councilman Dalrymple to accept the Departmental Reports and second by Councilman J. Miller.
The motion was carried 5-0.
Prayer
Adjourment
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