Wheeling, West Virginia
April 7, 2014

		Council of the City of Wheeling met in Council Chambers, City-County Building on the above date with Mayor Andy McKenzie presiding.

		The invocation was offered by Second Ward Council Kenneth Imer.

		On roll call, the following were present:

McKenzie, Delbrugge, Imer, Henry, Miller, Atkinson and Fahey				    - 7

		Mr. Fahey moved, seconded by Mr. Henry, that the minutes of the March 17,  2015 meeting be approved as received.  Motion carried.

MAYOR’S REPORT

		Mayor Andy McKenzie presented a proclamation to members of RSVP proclaiming April 1st as Mayor’s Day of Recognition for National Service and he also presented a proclamation to Nancy Prager proclaiming April as Fair Housing Month.

CLERK’S REPORT

Notice of Application to Operate a Private Club - Gumby’s LLC dba Geno’s Old Elm Grove Café,- 56 East Cove Avenue

		City Clerk Janice Jones presented Council with a Notice of Application to Operate a Private Club for Gumby’s LLC, dba Geno’s Old Elm Grove Café, located at 56 East Cove Avenue.  The applicant is John Prather.

UNFINISHED BUSINESS

CONTRACTOR’S CONNECTION - TAKEUCHI MINI-EXCAVATOR W/ HYDRAULIC BREAKER (WATER)

		The following was then read:

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXPEND FUNDS IN THE AMOUNT OF $105,599.00 WITH CONTRACTOR’S CONNECTION, OF WASHINGTON, PA., FOR TAKEUCHI MINI-EXCAVATOR WITH HYDRAULIC BREAKER, TO BE CHARGED TO WATER DISTRIBUTION -  #400.1341.05.00.

		The ordinance was read a second time by title.   Mr. Henry moved, seconded by Mrs. Delbrugge, that the ordinance be adopted.

		The vote on the motion resulted as follows:

AYES: McKenzie, Delbrugge, Imer, Henry, Miller, Atkinson, Fahey			   - 7

NOES:  											   - 0

		A majority of all those elected to Council having voted in favor, the Mayor thereupon declared the ordinance adopted.

WV-OHIO MOTOR SALES - 2016 MACK CHASSIS W/ PACKER BODY (SANIT.)

		The following was then read:

AN ORDINANCE AUTHORIZING THE CITY  MANAGER TO EXPEND FUNDS IN THE AMOUNT OF $200,489.00 WITH WV-OHIO MOTOR SALES, OF WHEELING, WV, FOR THE PURCHASE OF ONE (1) 2016 MACK CHASSIS WITH PACKER BODY, PER BID SPECIFICATIONS, TO  BE CHARGED TO #001.4800.40.4170 ($95,000.00) AND LANDFILL CLOSURE #2335830473 ($105,489.00).

		The ordinance was read a second time by title.   Mr. Henry moved, seconded by Mrs. Delbrugge, that the ordinance be adopted.

		The vote on the motion resulted as follows:

AYES: McKenzie, Delbrugge, Imer, Henry, Miller, Atkinson, Fahey			   - 7

NOES:  											   - 0

		A majority of all those elected to Council having voted in favor, the Mayor thereupon declared the ordinance adopted.

		Mr. Fahey moved, seconded by Mr. Henry, that the Historic Landmarks Commission Minutes, 1/18/15; Wheeling-Ohio County Board of Health Minutes, 1/13/15; 01/20/15; & 2/11/15; Wheeling Housing Authority Minutes, 1/14/15; Human Rights Commission Minutes, 01/20/15; Planning Commission Minutes, 2/9/15; Planning Commission Report, 3/10/15; CDBG Program Status Report, 2/28/15; HOME Program Status Report, 2/28/15; Financial Statement, 2/28/15; be which were held over, be accepted as received.  Motion carried.
											
REMARKS FROM MEMBERS OF COUNCIL
			
		Mr. Atkinson asked that the City Manager contact the WV Division of Highways about several issues throughout the city - National Rd., in front of T. J.’s, is in deplorable condition as well as National Rd., from Park View Lane to Arby’s in Elm Grove.  In addition, garbage has gathered on their property just off the 16th St. extension.  Mayor McKenzie also asked that City Clerk Janice Jones schedule a meeting with the WVDOH new District Engineer sometime in the near future to discuss various city issues.
 
REPORT OF COMMITTEES

		Mr. Fahey moved, seconded by Mr. Miller, to dispense with the reading of the Finance Committee Minutes of March 17, 2015 and accept them as received.  Motion carried.  For the record, they are as follows:

FINANCE COMMITTEE REPORT - MARCH 17, 2015
	
The Finance Committee of Wheeling City Council met on Tuesday, March 17, 2015  at 5:15 p.m. in City Council Chambers.  Committee Members present: Chair Gene Fahey, Vice Chair David Miller and Member Don Atkinson.  Others present: Mayor Andy McKenzie, Councilors Gloria Delbrugge, Ken Imer and Robert Henry; City Manager Robert Herron, City Solicitor Rosemary Humway-Warmuth; Assistant Finance Director Jill Willey, City Clerk Janice Jones and the media.

The following was discussed:

Financial Statement - February 28, 2015

City Manager Robert Herron commented that the General Fund balance as of February 28, 2015 is $2,979,000 as compared to last year’s figure of $1,577,000.  He reported revenues are about $483,000.00 ahead of the same time period as last year, approximately $394,000.00 of that due to an increase in B & O tax revenue and delinquent B & O tax revenue,  mainly attributable to timing of when the checks were received.   From an expenditure standpoint, we are at about 71% of budget.  He stated that the additional revenue and expense reductions have accounted for the increase in the General Fund Balance.  Mr. Miller commended Mr. Herron for his fiscal management.  A short discussion took place  about when last quarter’s sales tax revenue would be realized as well as a discussion about when the B & O tax reduction would impact the budget.  Following this discussion, Mr. Miller moved, seconded by Mr. Atkinson, to approve the Financial Statement for February 28, 2015.  Motion carried.

There being no further business to come before the Committee, Mr. Miller moved, seconded by Mr. Atkinson, to adjourn.  Motion carried.  Time: 5.25 p.m.

		Mr. Miller moved, seconded by Mr. Fahey, to dispense with the reading of the Rule Committee meeting and accept them as received.  Motion carried.  For the record, they are as follows:

RULES COMMITTEE REPORT - MARCH 27, 2015
	
The Rules Committee of Wheeling City Council met on Friday, March 27, 2015 at 10:00 a.m. in City Council Chambers.  Committee members present: Chair David Miller, Vice Chair Gene Fahey, Member Robert Henry.  Others present: Councilors Donnie Atkinson, Ken Imer and Gloria Delbrugge; City Manager Robert Herron, City Solicitor Rosemary Humway-Warmuth,  Clerk Janice Jones and the media.

The following matter was discussed:
	
Proposed False Alarm Ordinance

The Rules Committee of City Council listened to the presentation of the False Alarm Ordinance and reviewed the executive summary as presented by the Police Department.  Questions concerning the number of false alarms, the cost to the City, the fee schedules and the implementation procedures of the ordinance were discussed.  The Committee also discussed and expressed concerns about charging a registration fee.  Mr. Herron pointed out that because the ordinance involves fees, it will be forwarded to City Council with a public hearing to be held prior to adoption.  Following this discussion, Mr. Fahey moved, seconded by Mr. Miller to table this and bring any concerns and questions raised during this meeting back to the committee for further consideration.  Motion carried.

There being no further business to come before the Committee, Mr. Fahey  moved, seconded by Mr. Henry, to adjourn.  Time: 10:25 a.m.

REPORT OF CITY MANAGER

     		City Manager Robert Herron explained that Item 9/3, regarding the Romney Road Retaining Wall Project, is a confirming ordinance that had to be done on an emergency basis.  

		Mr. Herron updated Council on the changes to the Public Service Commission that were recently enacted by the Legislature.  Two major changes that will affect municipalities are the elimination of protests by resale customers and, two, there is no longer the requirement of a certificate of need and necessity.  

		Mr. Herron also commented that work on the Market Plaza Project will resume on Monday, April 13, 2015.

		In another matter, City Manager Herron recommended the interim Finance Director, Jill Willey, be appointed to the position of Finance Director.  As this is an official appointment by City Council, Mr. Fahey moved, seconded by Mr. Henry, to appoint Jill Willey to Finance Director.  Motion carried.  All in favor.
 
		Mrs. Delbrugge asked for an update on the Garden Park Pool.  Mr. Herron commented that money has been allocated for repairs but will find out exactly what is planned and will update her soon.

REPORT OF OTHER OFFICERS

		Mr. Fahey moved, seconded by Mr. Henry, that the Human Rights Commission Minutes, 2/17/15; Board of Zoning Appeals Minutes, 2/19/15; Traffic Commission Minutes, 3/12/15; Greater Wheeling Sports & Entertainment Authority Minutes, 01/27/15; Greater Wheeling Sports & Entertainment Authority Income Statements 1/31/15 & 2/28/15; Wheeling Municipal Parking System Financial Report - 2/28/15; Robert C. Byrd Intermodal Transportation Center Financial Report 2/28/15; be held over until the next meeting.  Motion carried.

ORIGINAL PROPOSITIONS

MUNICIPAL COUNCIL LEVY ESTIMATE - FY 2015-2016

The following was then read:

AN ORDINANCE OF THE MUNICIPAL COUNCIL LEVY ESTIMATE, PRESCRIBED BY THE WEST VIRGINIA STATE AUDITOR,  KNOWN  AS THE ANNUAL APPROPRIATION   FOR FISCAL YEAR 2015-2016 BUDGET FOR WHEELING MUNICIPALITY, OHIO COUNTY.

ZONE CHANGE - 104 & 106 EDGINGTON LANE - R 1-C TO C-2

		The following was then read:

AN ORDINANCE CHANGING THE ZONING DISTRICT CLASSIFICATION OF LOTS 13 AND 14 AS DESIGNATED ON THE PLAT OF W. V. HOGES’S SUBDIVISION OF DIVISION “B” OF THE EDGINGTON FARM FROM R 1-C SINGLE FAMILY RESIDENTIAL TO C-2 GENERAL COMMERCIAL.

DUMP TRUCK, INC. - RETAINING WALL BEHIND ROMNEY ROAD

		The following was then read:

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO  EXPEND FUNDS IN THE AMOUNT OF $19,990.00 WITH DUMP TRUCK, INC., OF  WHEELING, WV, FOR RETAINING WALL BEHIND ROMNEY RD., TO BE CHARGED TO RCIP.

ADOPTING TRAFFIC RULE NO. 4515 - HANDICAPPED PKG. - 446 N. ERIE ST.

		The following was then read:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF WHEELING ADOPTING TRAFFIC RULE NO. 4515.
	
ADOPTING TRAFFIC RULE NO. 4516 - NO PKG. ZONE - N. SD. OF 33RD. ST.

		The following was then read:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF WHEELING ADOPTING TRAFFIC RULE NO. 4516.

ADOPTING TRAFFIC RULE NO. 4517 - NO PKG. ZONE - W. SD. OF DORMAN RD.

		The following was then read:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF WHEELING ADOPTING TRAFFIC RULE NO. 4517.

ADOPTING TRAFFIC RULE NO. 4518 - TWO HR. PKG. METER ZONE - 1056 MAIN ST.

		The following was then read:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF WHEELING ADOPTING TRAFFIC RULE NO. 4518.

ADOPTING TRAFFIC RULE NO. 4519 - NO PKG. ZONE - EAST & WEST SD. OF HAZLETT AVE. - 20 FT.

		The following was then read:

AN ORDINANCE OF THE COUNCIL OF THE CITY OF WHEELING ADOPTING TRAFFIC RULE NO. 4519.

UTILITY SERVICE CO., INC. - PAX TRS SYSEM INSTALL/DISINFECTION - BOGGS HILL TANK.

		The following was then read:
						
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO  EXPEND FUNDS IN THE AMOUNT OF $45,850.00 WITH UTILITY SERVICE CO., INC. OF DALLAS, TX, FOR PAX TRS SYSTEM INSTALL/DISINFECTION FOR BOGGS HILL TANK, TO BE CHARGED TO WATER - #400.1330.04.00.

RESOLUTION - COMMUNITY PARTNERSHIP GRANT - 2013 - WESBANCO ARENA - CHANGE IN SCOPE OF WORK

		The following was then read:

A RESOLUTION AUTHORIZING THE CITY OF WHEELING TO CHANGE THE SCOPE OF WORK OF THE CONTRACT RELATING TO THE 2013 COMMUNITY PARTICIPATION  GRANT IN THE AMOUNT OF $14,400.00 TO THE CITY OF WHEELING - WESBANCO ARENA -TO BE USED FOR VIDEO BOARD/SCOREBOARD AND OTHER IMPROVEMENTS - PROJECT NO. 13LEDA0646.

		Mr. Henry moved, seconded by Mrs. Delbrugge, that the Resolution be adopted.  Motion carried.

RESOLUTION - AUTHORIZING PARTICIPATION IN THE NORTHERN PANHANDLE HOME CONSORTIUM - FY 2015-2016.

		The following was then read:

A RESOLUTION OF THE COUNCIL OF THE CITY OF WHEELING AUTHORIZING PARTICIPATION IN THE NORTHERN PANHANDLE HOME CONSORTIUM FOR THE PERIOD OF JULY 1, 2015 TO JUNE 30, 2016.

		Mr. Henry moved, seconded by Mrs. Delbrugge, that the Resolution be adopted.  Motion carried.

RESOLUTION - AUTHORIZING INVOICES - COMBINED WATERWORKS & SEWERAGE SYSTEM REVENUE BONDS - SERIES 2013 - WATER TREATMENT PLANT

		The following was then read:

A RESOLUTION OF THE COUNCIL OF THE CITY OF WHEELING APPROVING INVOICES RELATING TO THE CONSTRUCTION AND OTHER SERVICES FOR THE WATER TREATMENT PLANT PROJECT AND AUTHORIZING PAYMENT THEREOF.
		Mr. Henry moved, seconded by Mrs. Delbrugge, that the Resolution be adopted.  Motion carried.

THOSE WISHING TO BE HEARD

		No one signed up to speak.

		There being no further business, Mr. Henry moved, seconded by Mr. Atkinson, to adjourn.  Motion carried.  Time: 12:25 p.m.

___________________________________			_____________________________
                  City Clerk								Mayor