WEIRTON CITY COUNCIL



COUNCIL MEETING - REGULAR SESSION



SEPTEMBER 08, 2003 7:00 P. M.





A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on September 08, 2003 at 7:00 P.M. in Council Chambers of the 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

Steve Dorich Councilmember Ward 1

Dave Dalrymple Councilmember Ward 6

Frank Veltri Councilmember Ward 7

George Kondik Councilmember Ward 5



City Officials in Attendance:

Brae Bryant Public Works Director

John Brown Public Works Superintendent

Kessler Cole Fire Chief

Thomas Cooper Police Chief

Gary DuFour City Manager

Thomas J. Maher, Jr. City Clerk

Valerie Means Finance Director

Rick Rekowski Library Director

Rod Rosnick Chief Code Official

Terry Weigel Millsop Center Director

John Yeager City Attorney



Mayor Miller led the Pledge of Allegiance.



APPROVAL OF MINUTES



A motion was made by Councilmember Dorich and second by Councilmember DeMasis to approve the minutes of:

The August 01, 2003 - Special Council Meeting

The August 11, 2003 - Regular Council Meeting

So moved, 7/0.





MAYOR'S AWARDS AND PROCLAMATIONS





October is Fire Prevention Month and Mayor Miller presented Chief Kessler Cole with a certificate of proclamation marking October 5 through October 11 as Fire Prevention Week. The theme of Fire Prevention Week is "WHEN FIRE STRIKES, GET OUT AND STAY OUT."

CITIZENS COMMENTS





James A. O'Brien (Starvaggi Industries) 401 Pennsylvania Avenue:

Mr. O'Brien was speaking in support of the tabled ordinance, which would change the zoning on the corner of Potomac and Palamino from R2 to C2.





Phyllis DeMasis (Ward 4 Homeowner's Association) 310 Homewood Ave.:

Ms. DeMasis commented about issues concerning the homeowner's in Ward 4.





Mark Orecchio (Orecchio Properties) 3200 Pennsylvania Avenue:

Mr. Orecchio was speaking out against the proposed ordinance requiring City of Weirton landlords to register all of their rental properties and apartment units.





Jerry Shumate (Weirton Firefighters) 30 Highview Circle:

Mr. Shumate commented about issues concerning the Weirton Fire Department.





Gino Guglielmo (Guglielmo Investments) PO Box 44:

Mr. Guglielmo was speaking out against the proposed ordinance requiring City of Weirton landlords to register all of their rental properties and apartment units.





Rick Allen, 1265 Elmhurst Drive: Landlord

Mr. Allen was speaking out against the proposed ordinance requiring City of Weirton landlords to register all of their rental properties and apartment units.





OLD BUSINESS







Ordinance: Second Reading

No. 1390:

AMENDMENT TO ARTICLE 331.01 OF THE CODE OF THE CITY OF WEIRTON ADOPTING STATE LAW, WEST VIRGINIA CODE CHAPTER 17A, 17B, 17C, AND 17D.

Motion was made by Councilmember DeMasis, second by Councilmember Moore. Motion carried by majority, 7/0.



ORDINANCE NO. 1390



ORDINANCE AMENDING ARTICLE 331.01

OF THE CODE OF THE CITY OF WEIRTON



Article 331.01 of the Code of the City of Weirton, as amended, is hereby amended as follows:

331.01 ADOPTION OF STATE LAW

All of the provisions and requirements of West Virginia Code Chapter 17A, 17B, 17C, and 17D, in regard to traffic regulations and laws of the road, or amendments or additions thereto, as well as any future amendments or additions thereto, insofar as such provisions and requirements can have application within the City, are hereby adopted and made a part hereof, provided that local regulations shall not be affected by the adoption of the State Law under this section. No person shall fail, neglect, or refuse to comply with the provisions and requirements adopted herein.

This ordinance shall become effective immediately upon passage of second reading.



FIRST READING: August 11, 2003



PUBLICATION DATE: August 18, 2003



SECOND READING: September 08, 2003



Mayor



ATTEST:



City Clerk





Ordinance: Second Reading

No. 1391:

FORBIDDING THE POSSESSION OF MARIJUANA (MARIHUANA) IN THE CITY OF WEIRTON.

Motion was made by Councilmember DeMasis, second by Councilmember Miller.

Motion carried by majority, 7/0.



ORDINANCE NO.1391



POSSESSION OF MARIHUANA FORBIDDEN



No person shall buy, possess, or use that substance commonly known as "marijuana" in the City of Weirton.



A person convicted of criminal possession of marijuana in an amount the aggregate weight of which does not exceed fifteen grams is guilty of a misdemeanor and shall be punished by a fine of not less than $100 or more than $500 and by imprisonment for not more than 30 days in jail. The minimum fine must be imposed as a condition of every suspended or deferred sentence.



"<Marihuana>", as used in this ordinance shall mean all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, it's seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, cake or the sterilized seed of the plant which is incapable of germination.



A person convicted of possession of less than fifteen (15) grams of marijuana, and who has never been previously arrested or convicted for a criminal offence involving controlled substances, shall, upon a plea of "guilty," have the right to be placed on non-supervised probation for a period of six (6) months.





FIRST READING: August 11, 2003



PUBLICATION DATE: August 18, 2003



SECOND READING: September 08, 2003



Mayor



ATTEST:



City Clerk





Ordinance: Second Reading

No. 1392:

DESIGNATING BREATH TESTING AS A SECONDARY CHEMICAL TEST USED IN THE CITY OF WEIRTON TO DETECT THE PRESENCE AND THE LEVEL OF ALCOHOL IN THE BLOOD.

Motion was made Councilmember DeMasis, second by Councilmember Veltri.

Motion was carried by majority, 7/0.





ORDINANCE NO. 1392





DESIGNATING BREATH TESTING AS THE SECONDARY CHEMICAL TEST

USED IN THE CITY OF WEIRTON TO DETECT THE PRESENCE AND THE LEVEL OF ALCOHOL IN THE BLOOD





WHEREAS the City of Weirton, Hancock and Brooke Counties, West Virginia currently has an ordinance designating the "breathalyzer" as its means of conducting secondary test of breath for the purposes of determining whether or not a person is under the influence of alcohol and for measuring the amount of alcohol in a person's system; and



WHEREAS it has been determined that the designation required by the West Virginia Code, Section 17C-5-4 need only choose from among breath samples, blood samples, or urine samples as the means of chemical testing for determination of the presence of, or the measure of alcohol in a defendant's system; and



WHEREAS it is foreseeable that from time to time the actual machine used to detect alcohol will change as technology progresses, and that a new ordinance should not be required each time the Weirton Police Department purchases a new chemical testing device.



NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, that "breath testing" shall be the method used by the Weirton Police Department for conducting secondary tests for the purpose of determining whether a person is under the influence of alcohol, and for measuring the amount of alcohol in that individual's system. This ordinance shall be placed in the ordinance book of the said municipality, and it shall henceforth be part of the law of this City.



IT IS FURTHER ORDAINED that Ordinance Number 509-A is superceded by this Ordinance.



FIRST READING: August 11, 2003



PUBLICATION DATE: August 18, 2003



SECOND READING: September 08, 2003



MAYOR



ATTEST:



CITY CLERK



Ordinance: Second Reading

No. 1393:

DESIGNATING RADAR TO BE A SPEED MEASURING DEVICE USED BY THE WEIRTON POLICE DEPARTMENT.

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

Motion was carried by majority, 7/0.



ORDINANCE NO.1393



ORDINANCE DESIGNATING RADAR TO BE A SPEED MEASURING DEVICE

USED BY THE WEIRTON POLICE DEPARTMENT





WHEREAS the Chief of Police has made a decision that Radar should be one device to be used by his department in order to monitor vehicle speeds and to gather evidence regarding speeding violations; and



WHEREAS the City of Weirton has an interest in protecting it's citizens and those using its streets and highways by providing its officers with the means to prosecute speeding violations.



NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, that Radar shall be, and hereby is designated to be one of the devices to be used by the Weirton Police Department for the purpose of measuring the speed of vehicles traveling on the roads, streets, and highways, and private property of the City of Weirton, West Virginia; and that this ordinance shall be placed in the ordinance book of the said municipality, and that it shall henceforth be part of the law of the City.



AND IT IS FURTHER ORDAINED that the operation or use of the device described herein shall be performed by a trained and qualified operator, and that the legal admissibility of the results of the measurement and the testimony of the operator shall be determined by the rules of admissibility of evidence as applied in court of record of the state.



This ordinance shall be effective immediately upon passage of the second reading of the same.





FIRST READING: August 11, 2003



PUBLICATION DATE: August 18, 2003



SECOND READING: September 08, 2003





Mayor



ATTEST:



City Clerk

Ordinance: Second Reading

No. 1394:

DESIGNATING THE LASER, ALSO KNOWN AS LIDAR, TO BE A SPEED MEASURING DEVICE USED BY THE WEIRTON POLICE DEPARTMENT.

Motion was made by Councilmember Dorich, second by Councilmember DeMasis.

Councilmember Miller requested the floor to make comments. He, with comments from Chief Cooper, wanted to explain to the citizens of Weirton that, although these ordinances were now being enacted, the laws were already in place and being enforced in the City under the both state and county laws. The purposes of passing these ordinances were to bring a more efficient process to the Weirton Police Department.

Motion was carried by majority, 7/0.



ORDINANCE NO.1394



ORDINANCE DESIGNATING THE LASER, ALSO KNOWN AS LIDAR, TO BE A SPEED MEASURING DEVICE USED BY THE WEIRTON POLICE DEPARTMENT



WHEREAS the Chief of Police has made a decision that the Laser, also known as Lidar, should be one device to be used by his department in order to monitor vehicle speeds and to gather evidence regarding speeding violations; and



WHEREAS the City of Weirton has an interest in protecting it's citizens and those using its streets and highways by providing it's officers with the means to prosecute speeding violations.



NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, that the Laser, also known as Lidar, shall be, and hereby is designated to be one of the devices to be used by the Weirton Police Department for the purpose of measuring the speed of vehicles traveling on the roads, streets, and highways, and private property of the City of Weirton, West Virginia; and that this ordinance shall be placed in the ordinance book of the said municipality, and that it shall henceforth be part of the law of the City.



AND IT IS FURTHER ORDAINED that the operation or use of the device described herein shall be performed by a trained and qualified operator, and that the legal admissibility of the results of the measurement and the testimony of the operator shall be determined by the rules of admissibility of evidence as applied in court of record of the state.

This ordinance shall be effective immediately upon passage of the second reading of the same.



FIRST READING: August 11, 2003



PUBLICATION DATE: August 18, 2003



SECOND READING: September 08, 2003



Mayor

ATTEST:



City Clerk

Ordinance: First Reading

No. NEW:

ZONING CHANGE FROM RESIDENTIAL TO COMMERCIAL FOR THE STARVAGGI INDUSTRIES, INC. PROPERTY.

Motion to Lift from Table.

Motion was made by Councilmember Dorich, second by Councilmember Kondik, to lift this ordinance which had been tabled at the August 11, 2003 Regular Council Meeting. Motion to lift the ordinance carried by majority, 7/0.

Councilmember Moore made a motion to accept the Ordinance, second by Councilmember Kondik. Motion carried by majority, 6/1 with Councilmember DeMasis voting no.



Ordinance: First Reading

No. NEW:

PROVIDING COUNCIL'S APPROVAL OF THE SETTLEMENT OF THAT LAWSUIT ENTITLED CLINE, ET. AL. V. MILLER, ET. AL., CIVIL ACTION NO. 03-C-129-W IN THE CIRCUIT COURT OF HANCOCK COUNTY, WEST VIRGINIA.

Motion to Lift from Table.

Motion was made by Councilmember Kondik, second by Councilmember Dorich, to lift this ordinance which had been tabled at the August 11, 2003 Regular Council Meeting. Motion to lift the ordinance carried by majority, 6/1, with Councilmember Dalrymple voting no.

Councilmember Kondik made a motion to accept the Ordinance, second by Councilmember Moore. Motion carried by majority, 5/2 with Councilmembers DeMasis and Dalrymple voting no.



EXECUTIVE SESSION



Mayor Miller stated that we have a request by City Manager DuFour to convene into Executive Session consistent with West Virginia State Code 6-9-A-4 (4) to discuss litigation and personnel matters. Motion was made by Councilmember Moore and second by Councilmember Dorich. Motion carried, 7/0.



MEETING RECONVENED



NEW BUSINESS





Ordinance: First Reading

No. NEW:

ADDING A NEW SECTION TO THE TRAFFIC CODE OF THE CITY OF WEIRTON PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES AND MOTOR VEHICLES WHICH ARE UNLICENSECD BY THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES UPON ALL PUBLIC STREETS, ALLEYS, SIDEWALKS, PARKING LOTS, AND ANY AND ALL CITY OF WEIRTON-OWNED, OR OTHERWISE CONTROLLED, PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WEIRTON; AND MAKING SUCH PROHIBITED OPERATION OF ALL-TERRAIN VEHICLES AND UNLICENSED MOTOR VEHICLES A MISDEMEANOR CRIMINAL OFFENSE AND PROVIDING FOR SPECIFIC PENALTIES THEREFORE.

Motion was made by Councilmember Dorich, second by Councilmember Moore.

Motion carried by majority, 7/0.

Ordinance: First Reading

No. NEW:

OMITTING VENDORS WHO HAVE NOT PAID POLICE AND FIRE SERVICE FEE FROM CONSIDERATION FOR CITY CONTRACTS.

(Sponsored by Councilmember Moore)

Motion was made by Councilmember Moore, second by Councilmember Kondik. Motion carried by majority, 7/0.



Ordinance: First Reading

No. NEW:

REQUIRING CITY OF WEIRTON LANDLORDS TO REGISTER ALL OF THEIR RENTAL PROPERTIES AND APARTMENTS/UNITS.

(Sponsored by Councilmember DeMasis)

Motion was made by Councilmember Moore DeMasis to table this ordinance, second by Councilmember Veltri.

Motion to table carried by majority, 6/1, with Councilmember Kondik voting against.



Ordinance: First Reading

No. NEW:

PROVIDING FOR THE APPOINTMENT OF AN ACTING CITY MANAGER. (Sponsored by Councilmember Kondik)

Motion was made by Councilmember Kondik, second by Councilmember Veltri. A motion was made by Councilmember Kondik to accept the Ordinance with two (2) amendments to the Ordinance…

1. Strike Subsection 4 from the Ordinance.

2. Modify Subsection 3 to read: … the City Council may, by resolution, appoint a qualified officer …or person… of the City to perform…

Motion was made by Councilmember Kondik, second by Councilmember Veltri. Motion carried by majority, 5/2, with Councilmembers DeMasis and Dalrymple voting against.



Resolution:

TO DECREASE THE USE OF CITY OF WEIRTON VEHICLES FOR AFTER HOUR DUTY.

(Sponsored by Councilmember DeMasis)

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

Councilmember Miller and Councilmember Kondik had concerns about the limitations, constraints, and realm of scope of enforcement of the resolution with Councilmember Miller stating that he didn't believe it was the responsibility of Council, but that of the City Manager, to account for the use of the city vehicles. Councilmember Dalrymple made a motion to table the resolution, but did not receive a second.

Mayor Miller requested a roll call vote.



Roll Call Vote to accept the resolution:

Miller No

Moore No

Dorich No

Dalrymple No

Veltri No

Kondik No

DeMasis Yes



Resolution defeated 6/1, with Councilmember DeMasis voting for.



RESOLUTION





Resolution to Decrease the Use of City of Weirton Vehicles for after Hour Duty





WHEREAS, the City of Weirton must decrease the annual budget for fiscal year 2003-2004; and



WHEREAS, the Common Council of the City of Weirton was elected by the residents of Weirton to have fiscal responsibility; and



WHEREAS, employees and management are using municipal vehicles to drive to and from work on a daily basis; and



WHEREAS, this resolution does not apply to our Emergency Personnel, Fire Chief, Police Chief, and on call individual from Public Works; and



WHEREAS, the cost of insurance, fuel and maintenance of the vehicles has increased.



NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA that all department directors will ensure a secure area where to park the vehicles while not in use and that all management is to monitor the use of vehicles being taken home.



Date: Defeated





Mayor



Attest:



City Clerk





Sponsored by Councilman DeMasis



Resolution:

TO DISMISS THE PENDING LITIGATION BETWEEN THE TWO VOLUNTEER FIRE COMPANIES AND THE CITY OF WEIRTON.

Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Councilmembers Moore, Dalrymple, and Kondik commented on the resolution. Motion carried, 4/3, with Councilmembers Moore, Veltri and Kondik voting against.



RESOLUTION



Resolution to dismiss the pending litigation between the Two Volunteer Fire Companies and the City of Weirton





WHEREAS, the City was sued by two volunteer fire companies which sought to prohibit it from exercising certain of its rights with regard to their organization; and



WHEREAS, the City has filed its own action in response thereto; and



WHEREAS, the parties to the suit have worked at great length to reach a compromise; and



WHEREAS, the trial date set for the matter is September 10, 2003, and once the trial begins, the fate of the City's Volunteer Fire Companies, and of the two fire stations which are currently closed may be sealed, causing the city to be deprived of both; and



WHEREAS, counsel for the City is of the opinion that if more time is available for settlement the suit may well be settled, and, if not, the suit may be re-filed.



NOW, THEREFORE, BE IT RESOLVED, that the City Attorney is authorized to seek a dismissal of the suit without prejudice so that further negotiations may take place, with the reservation that if negotiations are fruitless, the case may be re-instituted





Date: September 8, 2003





Mayor



Attest



City Clerk



Resolution:

TO RETAIN ATTORNEY WILLIAM FAHEY FOR THE CASE OF WEIRTON VOLUNTEER FIRE DEPARTMENT CO. #2, WEIRTON HEIGHTS VOLUNTEER FIRE DEPARTMENT, INC. VS. CITY OF WEIRTON.

Motion made by Councilmember Kondik. No second was made. Motion died in Council.





RESOLUTION



WHEREAS, during the former administration it became necessary for the City to contract with William T. Fahey, Esq. for legal services; and



WHEREAS, the new administration has appointed and confirmed a new City Attorney whose job it is to represent the City in most matters; and



WHEREAS, it has been determined that the ongoing case of Weirton Volunteer Fire Department Company No. 1, Weirton Heights Volunteer Fire Department, Inc. vs. City of Weirton is nearly completed, that Mr. Fahey's familiarity with the case would make it desirable for him to continue with this matter; and



WHEREAS, Mr. Fahey has performed professional work of a very high degree while serving the City.



NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA that Mr. Fahey's familiarity in this case would benefit all individuals involved and that he be afforded the opportunity to serve as the attorney in this case.





Date: Died in Council





Mayor



ATTEST:





City Clerk





Sponsored by Councilman Dale Moore



Resolution:

ASKING THE UNITED STATES CONGRESS TO REINSTATE THE 1.8 BILLION DOLLARS THAT WAS CUT FROM THE BUDGET OF THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS.

Motion made by Councilmember DeMasis, second by Councilmember Dorich. Motion carried, 7/0.



RESOLUTION





WHEREAS, it has come to the attention of the Mayor and City Council of Weirton that the United States Congress has voted to cut 1.8 billion dollars from the budget of the U.S. Department of Veterans Affairs; and



WHEREAS, these cuts must necessarily affect the quality of health care now being provided to veterans, including veterans in the City of Weirton and surrounding areas in the Ohio Valley; and



WHEREAS, the tradition of military service is strong in the Ohio Valley, beginning even before the American Revolution when local militias formed in order to protect the borders from the French and Indians; and



WHEREAS, many World War II and Korean War veterans are also National Steel pensioners whose health care plan has recently been devastated by changes in their retirement benefits, and who now rely even more heavily than before on the Veterans Administration for care; and



WHEREAS, it is estimated that approximately one thousand World War II veterans die each day; and



WHEREAS, the debt of this community and this nation extend far beyond what money can buy, to all of our veterans, from the militias mentioned above to the servicemen and women now serving in Iraq, Afghanistan, and Bosnia;



NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council speak for the citizens of Weirton, veterans and non-veterans alike, and do hereby ask the Congress to rescind these cuts and to restore funding to the levels required to take care of our veterans as they have taken care of us.







DATE: September 8, 2003





Mayor



ATTEST:





City Clerk



Resolution:

AUTHORIZING APPLICATON AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS OF $5,000.00 SET ASIDE FOR THE WEIRTON CHRISTIAN CENTER.

Motion made by Councilmember Miller, second by Councilmember Dorich. Motion carried, 7/0.



RESOLUTION





RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS





WHEREAS, $5,000 in Legislative Digest funding was set aside by the West Virginia Legislature for the Weirton Christian Center; and



WHEREAS, an application for these funds must be made to the West Virginia Development Office; and



WHEREAS, the Community Partnership Legislative Digest program requires that a local government unit sponsor said application; and



WHEREAS, these funds will be used by the Weirton Christian Center to buy program materials and a snack program for the elementary school children's after school program in the City of Weirton.



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 authorized to make application for FIVE THOUSAND DOLLARS ($5,000) in Legislative Digest funds for the Weirton Christian Center and that he be empowered to sign any agreement necessary to obtain these funds.





DATE: September 8, 2003





Mayor



ATTEST:



City Clerk



Resolution:

AUTHORIZING APPLICATON AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS OF $30,000.00 SET ASIDE FOR THE LANDSCAPING OF THE STATE OFFCIE BUILDING.

Motion made by Councilmember Miller, second by Councilmember Dorich. Motion carried, 7/0.



RESOLUTION





RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS





WHEREAS, $30,000 in Legislative Digest funding was set aside by the West Virginia Legislature for the State Office building; and



WHEREAS, an application for these funds must be made to the West Virginia Development Office; and



WHEREAS, the Community Partnership Legislative Digest program requires that a local government unit sponsor said application; and



WHEREAS, these funds will be used by the City of Weirton to do landscaping around the State Office Building.



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 authorized to make application for THIRTY THOUSAND DOLLARS ($30,000) in Legislative Digest funds for the City of Weirton and that he be empowered to sign any agreement necessary to obtain these funds.





DATE: September 8, 2003

Mayor



ATTEST:



City Clerk



Resolution:

AUTHORIZING APPLICATON AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS OF $15,000.00 SET ASIDE FOR THE WEIRTON MUSEUM ASSOCIATION.

Motion made by Councilmember Miller, second by Councilmember Dalrymple.

Motion carried, 7/0.



RESOLUTION





RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS





WHEREAS, $15,000 in Legislative Digest funding was set aside by the West Virginia Legislature for a Weirton Museum in the City of Weirton; and



WHEREAS, an application for these funds must be made to the West Virginia Development Office; and



WHEREAS, the Community Partnership Legislative Digest program requires that a local government unit sponsor said application; and



WHEREAS, these funds will be used by the Weirton Museum Association for a feasibility study, an office, maintenance, dues, insurance, travel expenses, advertising, and storage building in the City of Weirton.



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 authorized to make application for Fifteen Thousand Dollars ($15,000) in Legislative Digest funds for the Weirton Museum Association and that he be empowered to sign any agreement necessary to obtain these funds.





DATE: September 8, 2003



Mayor



ATTEST:



City Clerk





ESTABLISH DATE FOR TRICK-OR-TREAT NIGHT IN THE CITY OF WEIRTON.

Councilmember Dalrymple made a motion to hold Trick-or-Treat on Friday, October 31, 2003 between the hours of 6:00 P. M. and 8:00 P. M. Motion second by Councilmember Dorich. Councilmember Kondik stated that during past years, Halloween was held from 5:00 P. M. until 7:00 P. M. Councilmember Dalrymple stated for the purposes of convenience for working parents who are only leaving their workplace at 5:00 P. M., that the hours of 6:00 until 8:00 P. M. would be more feasible. Motion carried, 7/0.





APPOINTMENTS TO BOARDS AND COMMISSIONS





Human Relations Commission

Roy W. Brown

3318 Pennsylvania Avenue

Weirton, WV 26062

Term: 08/01/2003 to 07/31/2006

Motion was made you Councilmember DeMasis, second by Councilmember Moore.

Motion was carried by majority, 7/0.



Municipal Appeals Board

Tim Reinard

256 Bell Street

Weirton, WV 26062

Term: 08/01/2003 to 06/31/2007

Motion was made you Councilmember Kondik, second by Councilmember Veltri.

Motion was carried by majority, 6/0, with Councilmember Dalrymple abstaining.





ADMINISTRATIVE REPORTS





Police - Chief Thomas Cooper

Chief Tom Cooper announced that the annual City Bow Hunt would be taking place soon. Bertha Simich will be coordinating the details.



Library - Rick Rekowski

Rick Rekowski announced the upcoming program, "Yesterday's Tomorrows - Past Visions of the American Future," sponsored in part by the Smithsonian Institute. The events will take place from September 19 through October 31. Rick urged everyone to attend.



Parks and Recreation - Terry Weigel

Terry Weigel announced that the annual "Ghouls at the Pool" event at Marland Heights Pool would soon be approaching and asked for volunteers to assist with this year's events. Anyone interested should contact Terry or Kevin Elias at the Millsop Community Center.







TREASURER'S REPORT



Valarie Means gave the treasurer's report for July 2003:





Beginning Cash Balance: $ 662,756.73

Interest: $ 347.92

Deposits: $ 841,676.77

Draw from Investment Account: $.00

Disbursements: $ 1,158,867.08

Leaving Cash of: $ 345,914.34

That w/ the Investment Balance of: $ 319,178.34

Leaves a Total Cash Investment of: $ 665,792.68



It was moved by Councilmember Dorich and second by Councilmember Kondik to approve the report. So passed, 7/0.





ADJOURNMENT





With no further business before this September 08, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.






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