A regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, was held at 7:00 p.m. on Monday, March 13, 2006, in the Weirton City Building Council Chambers, with Mayor William Miller presiding.

Councilmen in attendance were Jerry Miller, Harold Miller, Dale Moore, Henry DeMasis, George Kondik, David Dalrymple, and Frank Veltri. Present from the City were Gary DuFour, Valerie Means, John Yeager, Chief Kessler Cole, Chief Lance Scott, A.D. Mastrantoni, Rod Rosnick, Brae Bryant, Beth Gaughan, Terry Weigel, Rick Rekowski, and Karen Orler.

It was moved by Councilman Jerry Miller and seconded by Councilman Dalrymple to approve the minutes from the February 13, 2006, meeting; this passed unanimously.

There were no Mayor's awards and proclamations.

Mayor Miller reported that on March 14 at 2:00 p.m. there will be a pep rally at Weir High School and a send-off for the basketball team. Police and Fire units will be giving the team an escort from town. Citizens are invited.

Councilman Kondik advised that on March 15 at noon the downtown Rotary has invited Mayor Miller to speak on the state of the City. He invited City officials to be his guest at the lunch.

Councilman Jerry Miller advised that at the end of February they had the St. Jude bowl-a-thon to raise money for St. Jude Hospital. Citizens in the area have contributed over $2,000, and money is still coming in. He also thanked Mayor Miller for attending.

There were no citizens comments.

Second Reading, Ordinance No. 1480-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: It was moved by Councilman Moore and seconded by Councilman Dalrymple to approve this Ordinance at second reading. Councilman Moore made a motion to amend the Ordinance; he advised that in the third paragraph it cites West Virginia Code, but it does not have a code number; this number should be 8A-2-3. This amendment was seconded by Councilman DeMasis. The motion to amend passed 6-0, with Councilman Dalrymple abstaining. It was moved by Councilman Jerry Miller and seconded by Councilman DeMasis to approve the amended Ordinance; the amended Ordinance passed on a 6-0 vote, with Councilman Dalrymple abstaining.

Resolution to authorize acceptance of a contract for West Virginia Legislative Digest Funds for Weirton Housing Authority: It was moved by Councilman Moore and seconded by Councilman Kondik to approve this Resolution authorizing the City Manager to accept the Grant Program Contract between the West Virginia Development Office and the City of Weirton in the amount of $10,000; this passed unanimously.

Resolution authorizing the City of Weirton to serve as co-sponsor for 2006 Renaissance Weirton Festival on July 1, 2006: It was moved by Councilman Harold Miller and seconded by Councilman DeMasis to approve this Resolution authorizing the City Manager to serve as co-sponsor and not to exceed $10,000 in services and/or contributions as co-sponsor of the Festival; this passed unanimously.

Resolution to authorize purchase of replacement K-9 unit for Weirton Police Department utilizing forfeiture funds from the Office of the Brooke County Prosecuting Attorney and donations: It was moved by Councilman Kondik and seconded by Councilman Dalrymple to approve this Resolution for this purchase from Shallow Creek Kennels of Sharpsville, PA, at a price not to exceed $5,000, using forfeiture funding from the Brooke County Prosecuting Attorney's office and donations received by Weirton Police Department; this passed unanimously.

Resolution to enter into lease agreement/memorandum of understanding with West Virginia Department of Administration and West Virginia Department of Motor Vehicles for use of area for motorcycle testing: This Resolution was pulled from the agenda.

First Reading--Ordinance authorizing the acquisition and construction of additions, betterments and improvements to the existing public waterworks system of the City of Weirton and the financing of the cost, not otherwise provided, thereof through the issuance by City of not more than $3,500,000 in aggregate principal amount of Water Revenue Bonds, Series 2006A (West Virginia DWTRF Program); providing for the rights and remedies of the security for the registered owners of such Bonds; authorizing execution and delivery of all documents relating to the issuance of such Bonds, approving, ratifying and confirming a loan agreement relating to such Bonds; authorizing the sale and providing for the terms and provisions of such Bonds and adopting other provisions relating thereto: Mayor Miller advised that Vince Collins of Steptoe and Johnson was present and that he could give some background on this issue. Mr. Collins advised that tonight would be the first reading for this Ordinance; the second reading will be next week. Publication will be done, and then the final reading will be done after the public hearing in April. This issuance is not to exceed $3.5 million; it is believed the total will be less. The purpose of the issue is to finance the Bellview Tank project. The terms of the bonds are 20 years; the interest rate will be 2.5 percent with an administrative rate of 1 percent. This will be approximately 3 percent interest over 20 years. The bonds will be purchased from the City by the West Virginia Bureau of Public Health under the Drinking Water Treatment Revolving Fund subsidized loan program; this rate is lower than the market rate. It will be paid back solely from water system revenues; it is not payable from taxes, for General Fund, or sewer revenues.

Mayor Miller advised that the second reading will be March 20; publication will be March 29; the public hearing will be April 10, and the third reading will also be April 10 at the regular Council meeting.

It was moved by Councilman Kondik and seconded by Councilman Veltri to approve this Ordinance at first reading. Councilman Moore pointed out that the Bellview Tank is one of three projects to be funded by the rate increase. Mr. Mastrantoni advised this Ordinance refers to the Bellview Tank replacement. Councilman Moore advised the other projects are the ATAD project at Sanitary Board, and the disinfection by-products project at the Water Treatment Plant. He brought up that if the City hopes to have growth it must reinvest in its infrastructure. Mr. Mastrantoni also pointed out that this project will replace a 125,000 gallon tank with a 1 million gallon tank. This will give added fire flow, and may have a positive affect on insurance rates.

The vote on the first reading of the Ordinance was held; this passed unanimously.

First Reading--Ordinance amending the codified ordinances of the City of Weirton by amending part five, General Offenses Code, by adding article 509.11, "Public Nuisances:" It was moved by Councilman Veltri and seconded by Councilman Jerry Miller to approve this Ordinance at first reading. Councilman Moore wanted to amend the wording. On page 3, the fourth line currently read "in accord with the Planning and Zoning Code." Councilman Moore's amendment would remove "Planning and Zoning Code" and put in "Unified Development Ordinance." It was moved by Councilman Harold Miller and seconded by Councilman Dalrymple to make this amendment; this passed unanimously.

It was moved by Councilman Jerry Miller and seconded by Councilman Veltri to approve the amended Ordinance; this passed unanimously.

Resolution asking Planning Commission for recommendation on modifying the permitted land use table to authorize dance/social clubs occupying less than 5,000 square feet to have the status of conditional use in areas zoned C-3: It was moved by Councilman Kondik and seconded by Councilman Veltri to approve this Resolution. Councilman Kondik pointed out a typo of "3-C" instead of "C-3." Mayor advised this will be corrected. Councilman Kondik also requested that this Resolution be sent to Planning Commission for review. This Resolution passed unanimously.

There were no appointments to boards or commissions.

Police: Chief Scott had nothing to report.

Fire: Chief Cole advised that his staff has installed the lights and the siren on the new vehicle. The breathing air compressor has also been received, and it will be operational tomorrow.

Public Works: Mr. Bryant advised that within the next two weeks staff will advise the dates for spring clean-up and also the start of the weekly yard waste pick-up.

Utilities: Mr. Mastrantoni advised that with the warmer weather line breaks have decreased. Also, staff will be planning to start restoration work.

CDBG: Ms. Gaughan had nothing to report.

Library: Mr. Rekowski advised that the Library Board meeting will be March 16 at 5:00 p.m. Also, National Library week is set for April 3 to 8; this will be a fine-free week.

Inspections: Mr. Rosnick had nothing to report.

Councilman Kondik congratulated Jim McHenry on being at the Home Show in Pittsburgh. Mayor Miller also advised that Mr. McHenry has been the point man for the Kings Creek project.

Ms. Means gave the treasurer's report. She also pointed out the new look to some of the financial reports because of the new computer system. Councilman Moore advised that on the old reports he was able to see the percentage used per line item; he would like this feature to be restored. Ms. Means will check on this.

Ms. Means advised that there was one bill for approval for the Fire Department from Sutphen for $1,706.55. Chief Cole advised that this was for an emergency repair of the air lock mechanism on a truck. It was moved by Councilman Jerry Miller and seconded by Councilman Moore to pay this; this passed unanimously.

It was then moved by Councilman Moore and seconded by Councilman DeMasis to accept the administrative reports and the treasurer's report; this passed unanimously.

With no further business before this March 13, 2006, regular session of the Weirton City Council, the meeting was adjourned.

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