WEIRTON CITY COUNCIL

COUNCIL MEETING - REGULAR

MONDAY, APRIL 13, 2009 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 Monday, April 13, 2009 at 7:00 P.M. in Council Chambers of the Weirton City Building.

Mayor Harris called the meeting to order.

Councilmembers in Attendance:

George Ash Councilmember Ward 4

Ronnie Jones Councilmember Ward 1

Fred Marsh Councilmember Ward 3

Harold Miller Councilmember Ward 2

David Dalrymple Councilmember Ward 6

Max Fijewski Councilmember Ward 7

George Kondik Councilmember Ward 5

City Officials in Attendance:

John Brown Public Works Director

Gary DuFour City Manager

Vincent Gurrera City Attorney

David Lashhorn Fire Chief

Nicole Davis City Clerk

A. D. Mastrantoni Utilities Director

Bruce Marshall Police Chief

Rik Rekowski Library Director

Thomas Maher, Jr. Finance Director

Terry Weigel Parks and Recreation Director

Rod Rosnick Inspections Director

Mayor Harris led everyone in reciting the Pledge of Allegiance.

APPROVAL OF MINUTES

A motion was made by Councilmember Marsh and second by Councilmember Kondik to approve the minutes of the:

March 09, 2009 –Regular Council Meeting

The motion carried by majority, 7/0.

A motion was made by Councilmember Kondik and second by Councilmember Marsh to approve the minutes of the:

March 17, 2009-Special Council Meeting

The motion carried by majority, 7/0.

MAYOR’S AWARDS AND PROCLAMATIONS

Mayor Harris stated that there was a proclamation on National Arson Awareness Week (May 3 through May 9, 2009), and asked Chief Lashhorn and Chief Marshall to come and accept the proclamation.

The next proclamation also received by Chief Lashhorn and Chief Marshall was the Homeland Security Proclamation.

Mayor Harris called Rik Rekowski, library director to receive a proclamation on the library. The week of April 12 through April 28, 2009 was declared National Library Week.

Mayor Harris called forth Max Nogay to receive the Mayor’s Award. Mr. Nogay is an honor student at Madonna High- School and an All-State athlete. Mr. Nogay fractured his wrist during a football game and was able to defeat the Number 1 and Number 2 ranked wrestlers in the state to win the 160 pound wrestling division.

Mayor Harris stated that President Obama declared the month of April National Sexual Assault Awareness Month.

COMMUNICATIONS

Councilman Fijewski stated the Hall of Fame ceremony was going to be held April 26, 2009. Councilman Fijewski thanked the community for all of their support stating the event was sold out. 225 people had purchased tickets. Councilman Fijewski thanked the City Solicitor stating that he had noticed that court fines were double from the previous times and appreciated the hard work.

CITIZEN COMMENTS

Mr. Joe Murray

Re: Councilman Miller

Mr. Murray stated, “I would like to thank George Kondik, Rod Rosnick, and John Serafini for the thing up on my street, 134 Mason Street. I kind of have a complaint. I don’t think he’s doing he’s doing his job (Councilman Miller). Every time I call him, he doesn’t call me. Every time I go to his place of business, he ignores me. Rod knows about the situation on Mason Street, and it is finally getting taken care of. It’s been three years and I can’t get him to do anything to help me. I’d like to know why.

Mayor Harris stated, “You can voice your opinions, but I can’t let you stand here and bash Council without them giving it back to you, which we won’t do.”

Mr. Murray stated, “He can give it back to me, I’d just like to know why. I’ve talked to George (Kondik) several times as my liaison to try to get to him (Councilman Miller), and I can’t get him to call me. I’d like to know why.”

Councilman Miller stated, “You know we’ve talked a number of times on the issue at Mason Street. The last time we talked it was tied up in the Courts. I talked to Rod and I talked to John and that time we couldn’t do anything about it. You’re familiar with George because you used to live on Marland Heights. Now you’ve moved in to Ward 2 and we’re experiencing communication problems. I’ve been on Council for six years and you the first person who has come in and said I am not doing my job. There are a lot of issues that come before Council that we have no control of.”

OLD BUSINESS

Ordinance No. 1631 to repeal Article 303 and Ordinance Number 62 (Approved and Passed July 9, 1951) in order to eliminate the Traffic Commission. (Tabled at the March 09, 2009 Council Meeting) (Second Reading)

Motion was made by Councilmember Fijewski to un-table the Ordinance, second by Councilmember Kondik.

The motion passed by majority, 7/0.

Motion was made by Councilman Fijewski to remove the Ordinance from the agenda, second by Councilman Marsh.

The motion carried by majority, 7/0.

Ordinance establishing and fixing rates, fees, and charges of the Municipal Water Works System of the City of Weirton, West Virginia. (Tabled at the February 20, 2009 & March 09, 2009 Council Meeting)

Motion was called for by the Mayor.

A second motion was called for by the Mayor.

The motion died for lack of a second motion.

Ordinance establishing and fixing rates, fees, and charges of the Municipal Sanitary Board of the City of Weirton, West Virginia. (Tabled at the February 20, 2009 Special Council Meeting)

Motion was called for by the Mayor.

A second motion was called for by the Mayor.

The motion died for lack of a second motion.

Ordinance adding provisions to Appendix C, Rule IV, Section 2 of the rules and regulations of the Fire Department. (Tabled at the March 09, 2009 Council Meeting)

Motion was made to remove Ordinance from the table by Councilman Ash, second by Councilman Marsh.

The motion carried by majority, 7/0.

Second reading of Ordinance No. 1632 to rescind Ordinance No. 1304, Amendment No. 575 of the Traffic Control map which established a handicapped parking space at 3224 Orchard Street.

Motion was made by Councilman Ash, second by Councilman Jones.

The motion carried by majority, 7/0.

Second reading of Ordinance No. 1633 to rescind Ordinance No. 1402, Amendment No. 615 of the Traffic Control map which established a residential disability parking space at 3308 Orchard Street.

Motion was made by Councilman Ash, second by Councilman Jones.

The motion carried by majority, 7/0.

Second reading of the Sex Offender Registration Ordinance No. 1634.

Motion was made by Councilman Miller, second by Councilman Dalrymple.

The motion carried by majority, 7/0.

NEW BUSINESS

Resolution authorizing adoption of the National Incident Management System (NIMS) as the basis for incident management in the City of Weirton.

Motion was made by Councilman Marsh, second by Councilman Fijewski.

Mr. Dufour stated, “The City has previously used the NIM system as a basis of training for all of our first responders as well as support staff, who would be responding to incidents of fire and flooding. Some of this could include national disasters, as well as domestic or foreign terrorism. The NIM system was developed and promulgated after September 11, 2001 as a national base system for training of first responders and as a method to do coordination between first responders between geographic areas. It would be anticipated that we would work well with mutual aid companies with surrounding states, etc. This is the national standard were are ascribing to. We need to complete some staff training, and Council will have to do some as well in order to fully understand this system and participate in it.”

The motion carried by majority, 7/0.

Ordinance to rescind Ordinance No. 1222, Amendment No. 525 of the Traffic Control Map which established a handicapped parking space at 437 Booker Street.

Motion was made by Councilman Marsh, second by Councilman Jones.

The motion carried by majority, 7/0.

Resolution to enter into agreement for the purchase of a self-contained breathing apparatus cascade fill station for the Weirton Fire Department.

Motion was made by Councilman Fijewski, second by Councilman Jones.

The motion carried by majority, 7/0,

Resolution to enter into contract for the 2009 City-wide Street milling and paving program.

Motion was made by Councilman Kondik, second by Councilman Dalrymple.

The motion carried by majority, 7/0.

Resolution to authorize the City Manager to request proposals for an engineering study for repairs of the Greenbrier Bridge.

Motion was made by Councilman Dalrymple, second by Councilman Marsh.

Councilman Ash stated, “I have been reading the minutes from the finance committee meeting, and I noticed Mr. Kondik asked a very good question. Why are we paying for an engineer to come in and do this when we know we need a new bridge?”

Mr. Dufour stated, “The engineering services would be essentially to design. Next, there is a negotiation which has to occur with the core of engineers, the West Virginia department of Natural Resources regarding the methods under which that bridge can be replaced and the conditions.”

Mr. Brown stated, “This will be for the design of the bridge. I already got a quote from one company, which is lower than the $10,000 request. It’s an on-going process. This is what we need from the engineer. If you’re building a home, you will need a set of plans.”

The motion carried by majority, 7/0.

Resolution to authorize change order to Penco Road improvement project.

Motion was made by Councilman Marsh, second by Councilman Dalrymple.

Councilman Jones stated, “I know want to know if we can go after somebody for the design of laying concrete over the water line. That line has been there for 30 years. My question is can we go after that put this change order.”

Mr. Guerra stated, “We would have to find out if it’s a direct state claim, whether it has to go through the court of claims through the state which can mean that even if we win then the legislature has to approve payment. There is no reason why we can’t look in to it.”

Councilman Ash stated, “I think we should put in the resolution that this is contingent upon the Council’s approval for the City Solicitor to further pursue the issue.”

Motion was made by Councilman Ash to amend the resolution, second by Councilman Jones.

The motion carried by majority, 7/0.

The actual vote on the resolution carried by majority, 7/0.

Resolution authorizing the City of Weirton to serve as co-sponsor for the 2009 renaissance Weirton Festival.

Motion was made by Councilman Kondik, second by Councilman Fijewski.

The motion carried by majority, 7/0.

Resolution to purchase tile flooring for the Marland Heights Fire Station.

Motion was made by Councilman Kondik, second by Councilman Fijewski.

The motion carried by majority, 7/0.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

ADMINISTRATIVE REPORTS

PUBLIC WORKS-

Mr. Brown stated that he had nothing further to add.

Councilman stated, “I see the crews are out doing the coal patches, I appreciate it.”

Mayor Harris thanked Mr. Brown for a job well done during the Spring Clean Up.

LIBRARY-

Rik Rekowski stated he had copies of the library blog which is the most current information. We are really busy. The federal government is in the library training people for the U.S. Census, and that is happening all week.

PARKS AND RECREATION –

Mr. Weigel stated that they are going in stops and starts with the work on the Community Center. We will hopefully be wrapping that up within the next 2 ½ weeks. Our own crews are trying to get out to the parks and playgrounds as weather permits. We are also working the Chief in to trying to get video cameras to have them installed at the out door parks. The smoke stack went very smoothly. It was lowered approximately 30 feet. This should make our boiler run more efficiently.

FIRE DEPARTMENT-

Chief Lashhorn stated that he wanted to thank John Brown and his crew for replacing the pole and all the emergency lights. I wanted to thank Councilman Marsh and Councilman Jones for heading up the replacement of the fire hydrant on the corner of Beacon and Union.

Councilman Fijewski stated that it was nice to see that the department was able to go with the boat and assist in the rescue operation regarding the tragedy on the river. The money spent on the boat was a good investment.

POLICE DEPARTMENT-

Chief Marshall stated that the camera project is showing some progress, and most of the hardware has been installed in the City Building. He is hoping by next Council meeting that he can report they are up and running.

Mayor Harris thanked the officers for their work regarding the Gabriel’s incident.

INSPECTIONS-

Mr. Rosnick stated he had nothing additional to report.

UTILITIES-

Mr. Mastrantoni stated he had nothing additional to report.

FINANCE DEPARTMENT-

Mr. Maher stated:

General Fund cash report for March 2009:

Beginning Cash Balance: $348,098.97

Interest on Checking: $222.50

Deposits: $1,132,133.76

Draw-downs on Investment: N/A

Disbursements: $1,066,846.72

Cash Balance: $413,608.51

Beginning Investment $782,653.04

Balance: N/A

Interest on Investments: $19.85

Withdraws: $1.1 million

Ending Investment $782,653.04

Balance:

Petty Cash: $800.00

Total Cash and Investments $1,197,081.38

Available:

The Mayor called for a motion to approve administrative reports of various departments, and pay any unpaid bills.

Motion was made by Councilmember Ash, second by Councilmember Jones.

The motion carried by majority, 7/0.

ADJOURNMENT

The mayor called for a motion to adjourn.

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

With no further business before this April 13, 2009 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.