WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
TUESDAY SEPTEMBER 8, 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 Tuesday, September 8, 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- Absent 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 Jerry Shumate Fire Captain Nicole Davis City Clerk A.D. Mastrantoni Sanitary/Water Bruce Marshall Police Chief Thomas Maher, Jr. Finance Director Terry Weigel Parks and Recreation Director Rod Rosnick Inspections Rik Rekowski Library
Mayor Harris led everyone in reciting the Pledge of Allegiance.
APPROVAL OF MINUTES
A motion was made by Councilmember Ash and second by Councilmember Jones to approve the minutes of the: August 10, 2009 –Regular Council MeetingThe motion carried by majority, 6/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Harris proclaimed October 4 through October 10 is the 2009 Fire Prevention Week.
CITIZEN’S REMARKS
Vince Collins representing Steptoe and Johnson. Re: Water Bonds Mr. Collins stated, “You have before you an ordinance to authorize the issuance of water revenue bonds. This is the first reading. There will be two other readings followed by a public hearing; so there is basically three readings necessary to get this thing through. At the time of the third reading there will likely to be a supplemental resolution that will also set the actual amount of the bonds and other terms and so forth which haven’t been determined yet. The ordinance calls for the bond to be issued in an amount not to exceed 3 million dollars. It’s not going to be 3 million dollars. The amount of the grant is about 2.5 million. The amount of bonds necessary is whatever is needed over and above the grant to do the project. You won’t know how much that is until you open bids to allow for the worse case scenarios. The bonds will be determined by the construction bids, whatever they are. We put a maximum amount in there because the statute provides that you must state the amount of the bonds in the ordinance. There will be a supplemental resolution either after the third reading or maybe at another reading if there is time. All you know is how much grant money you have and the amount of the bonds would have to be: the balance. You have any time between November and January to do that supplemental resolution.” Mr. Mastrantoni stated, “There are three sources of funds: The City of Weirton itself through the Water Board is putting in roughly $101,000 of its cash. The second source is the Federal Grant which is about 2.3 million. The third source is a loan from the West Virginia Bureau of Public Health and it’s called the DWPRF, this is a revolving fund. The bonds that we sell will actually become a loan from that institution to fill in the total amount of construction left on the project.” Mr. Collins stated, “You cannot exceed 3 million. If you do you have to start the ordinance process over again which will take another three months. That’s why we put a maximum in there that has plenty of cushion. We always do that. The bond issue will include an amount for reserve which are required by your lender and the statute. The amount will be exactly what it needs to be, no more no less. It won’t be three million dollars. I’m guessing it will more like 2.2, 2.4 million dollars. All we are going on are estimates of engineers at this point, and we won’t know until we open the bids, calculate the bids, and make sure we have valid bids. There is a construction contingency in the project cost of about 5%. If you don’t use that 5% you’re required to give that back to the lender. You’re not allowed to borrow too much money.” Councilman Fijewski stated, “In section 201 and section 301, there was a difference in numbers. That’s been clarified for us tonight. When council read the document that was why there was a concern.” Councilman Marsh stated, “What you (Mr. Collins) just told us, I did not see in the ordinance. In other words that this number is 3 million dollar number can come down. There’s no language that I saw that said this number can change.” Mr. Collins stated, “It says not to exceed three million dollars. I hope you understand that it implies it can be less. You have another opportunity to look at the number when you finally open bids, and that will be a supplemental resolution that’s presented to council and has to be voted on just like the ordinance except it only takes one reading. If we try to guess in the ordinance exactly what it’s going to be and we’re off by a dollar then we would have to start the ordinance over again. With the supplemental resolution we can state what the exact amount is going to be.”
COMMUNICATIONS
Councilman Miller stated, “There is something that has bothered me for a long time, and I brought it to the attention of the City Solicitor a few weeks ago, and he has checked with the attorney general, the state, and the chief of police regarding the matter of texting while you’re driving. I ask him if you could do an ordinance to prohibit it in the city of Weirton and its municipalities. Over the last few months I witnessed a lady pulling off of Cove Road and running into the curb and sits with her head down looking into her lap. I knew she was texting when she approached the stop light. Also, I was in a couple of traffic situations waiting for a red light and the first car didn’t move for two lights because he was texting. For me, I would outlaw it completely.”
Chief Marshall stated, “The situations that you are talking about would fall under the reckless driving offense. We have written tickets under this. There is a push going on right now that they do want to outlaw using a cell phone while driving. The new legislation that came out stated that under 18 years of age drivers can’t even talk on the cell phone while driving. The reckless driving offense nicely covers it, which is already established.”
Mayor Harris announced that Halloween will be held on October 31st from 6-8 PM.
OLD BUSINESS
Second reading of Ordinance No. 1659 accepting through a governmental transfer of property from the Board of Education of the County of Hancock, West Virginia property located at the intersection of Orchard Street and Virginia Avenue. Motion was made by Councilman Fijewski, second by Councilman Ash. Councilman Fijewski stated that in the ordinance the park boards’ equipment is included. The lease will encompass the property as well as the equipment. The motion passed by majority, 6/0.
Second reading of Ordinance No. 1660, Amendment No. 726 of the Traffic Control Map to establish a residential disability parking space at 3340 Overbrook Drive. (Councilman Jones) Motion was made by Councilman Jones, second by Councilman Ash. The motion passed by majority, 6/0.
NEW BUSINESS
Ordinance to authorizing the acquisition and construction of additions, betterments, and improvements to the existing Public Water Works system of the City of Weirton and the financing of the cost through the issuance by the City of not more than $3,000,000 in aggregate principal amount of water revenue bonds. Motion was made by Councilman Ash, second by Councilman Jones. The motion passed by majority, 6/0.
Ordinance regarding the rezoning of Parcel 0148 of tax map W43B located at 303 Pennsylvania Avenue from R-2 Single Family and Two Family Residential to C-1 Highway Commercial. Motion was made by Councilman Jones, second by Councilman Ash. The motion passed by majority, 6/0.
Ordinance to establish a yellow (no parking) line on Wood Street 30 feet going north to Marland Heights Road. (Traffic Commission Recommendation. Based upon the request of Councilman Ash) Motion was made by Councilman Ash, second by Councilman Jones. The motion passed by majority, 6/0.
Resolution to the Governor’s Community Participation Program to request a project amendment for the Friends of Starvaggi. Motion was made by Councilman Fijewski, second by Councilman Ash. Councilman Fijewski stated that this allowing the use of the original funds that have to be used up within this calendar year. The money was used to do the tennis courts, basketball courts, and all of that. This allows that money to be taken to that project. The motion passed by majority, 6/0.
Resolution to change the budgetary process of the City of Weirton. (Councilman Fijewski) Motion was made by Councilman Fijewski, second by Councilman Kondik. A motion was made to amend the attachment to the resolution by Councilman Fijewski, second by Councilman Ash. The motion passed by majority, 6/0.
Resolution to enter into contract for the purchase of rescue equipment for Engine 3 utilizing CDBG and Brooke County Levy funding. (City Manager) Motion was made by Councilman Ash, second by Councilman Marsh. The motion passed by majority, 6/0.
Resolution to enter into contract for the purchase of two computers for the City of Weirton’s Inspections Department. (City Manager) Motion was made by Councilman Ash, second by Councilman Fijewski. The motion passed by majority, 6/0.
Resolution to enter into contract for the purchase of one computer for the City of Weirton’s Public Works Department. (City Manager) Motion was made by Councilman Ash, second by Councilman Marsh. The motion passed by majority, 6/0.
Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 250 (3236 Orchard Street) Motion was made by Councilman Ash, second by Councilman Jones. The motion passed by majority, 6/0.
Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 250. (4037 Lewis Street) Motion was made by Councilman Ash, second by Councilman Jones. The motion passed by majority, 6/0.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
Redevelopment Authority Father Larry Dorsch Motion to approve appointment was made by Councilman Ash, second by Councilman Jones. The motion passed by majority, 6/0.
Redevelopment Authority Councilman Fred Marsh Motion to approve appointment was made by Councilman Ash, second by Councilman Fijewski. The motion passed by majority, 5/0/1 with Councilman Marsh abstaining.
Weirton Housing Authority Wesley Anderson Motion to approve appointment was made by Councilman Marsh, second by Councilman Ash. The motion passed by majority, 6/0.
ADMINISTRATIVE REPORTS:
POLICE DEPARTMENT-
Chief Marshall stated that he had nothing further to add. Councilman Ash requested that the police “beef up” their observation of out-of-state plates.
PUBLIC WORKS-
Mr. Brown stated that they had worked on Main Street last week and got it ready for the holiday weekend. They removed the tree from WesBanco blocking the view of traffic. There is a project going on with Mildred Avenue. This is government and business working together.
PARKS AND RECREATION –
Mr. Weigel stated that the maintenance staff worked through the weekend and shut down the pool, drained it, and made any necessary repairs. The project was completed when they closed a valve so that they could begin re-filling the pool.
UTILITIES-
Mr. Mastrantoni stated they had received their certificate of convenience and necessity. They plan on opening bids on September 17 at 11:00. Councilman Fijewski thanked Mr. Mastrantoni for helping out with the water break on Kathleen Way.
CODE-
Mr. Rosnick stated that he had several inspectors in training and will be a little short staffed.
FIRE-
Captain Shumate stated that he had nothing additional to add beyond the fire prevention week.
LIBRARY-
Mr. Rekowski stated that this is the week that the library increases it’s hours to fall hours. The library will have a film at the end of September for the public.
FINANCE DEPARTMENT-
Mr. Maher stated: General Fund cash report for August 2009:
Beginning Cash Balance: $612,287.43 Interest on Checking: $442.76 Deposits: $1,715,465.38 Draw-downs on Investment: N/A Disbursements: $(1,375,539.99) Cash Balance: $952,655.58
Beginning Investment $782,755.03 Balance: Interest on Investments: N/A Withdraws: N/A Ending Investment $782,755.03 Balance: Petty Cash: $800.00
Total Cash and Investments $1,736,210.61 Available:
The Mayor called for a motion to accept administrative reports from all of the departments. Motion was made by Councilman Marsh, second by Councilman Fijewski. The motion carried by majority, 6/0.
ADJOURNMENT
The mayor called for a motion to adjourn. Motion was made by Councilman Marsh, second by Councilman Fijewski. The motion passed by majority, 6/0.
With no further business before this September 8, 2009 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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