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WEIRTON CITY COUNCIL Minutes of the Regular Session January 10, 2005 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 January 10, 2005, in the City Council Chambers, with the Honorable William Miller, Mayor of the City of Weirton presiding. ATTENDANCE0 Councilmen in attendance were: Councilman Kondik, Councilman Veltri, Councilman Dalrymple, Councilman Dorich, Councilman Moore, Councilman Miller, and Councilman DeMasis. Official from the City of Weirton were: Gary DuFour, City Manager; John Yeager, City Attorney; Bud Cole, Fire Chief; Brae Bryant, Public Works; Butch Mastrantoni, Utilities Director; Kevin Elias, Parks; Rod Rosnick, Chief Code Official; Rick Rekowski, Library; Valerie Means, Financial Director, and Dolores Ostrander, City Clerk. Mayor Miller led all present in the Pledge of Allegiance MINUTES Councilman Moore made corrections to the minutes of December 13, 2004. On page 7, under Resolution Authorizing Co-Sponsor of Renaissance Weirton Festival, paragraph 3. This paragraph states "Councilman Kondik reminded the Mayor…", but it should read, "Councilman Moore reminded the Mayor…". (Correction has been revised.) Councilman Kondik moved to approve the minutes and Councilman Moore second the motion. The minutes were approved unanimously. MAYOR'S AWARDS AND PROCLAMATIONS There are none. COMMUNICATIONS The first item to cover was Thompson Hill. The Mayor said that Councilman Moore has been keeping the residence updated on the progress of the Thompson Hill slide and the remediation work. Mayor Miller asked if Councilman Moore had any more information. He said that the core samples came back positive. They hit rock at 20 feet and will replace that level which will limit the cost. The target specifications are nearing completion and the project possibly will be bid within the next few weeks. Mayor Miller commented on Greenbrier Road, which had a 250-foot slip. Brae Bryant addressed this situation for Council and citizens. Brae said that Public Works had been notified on 6 January that Greenbrier Road had slipped, due to the heavy rains. When Public Works had investigated, they found that the road had slipped 250-feet in length and 5-foot in width. It has been continually growing. They had acquired the services of HDR Engineering, which is on retention for the City of Weirton. They had already gone to the site and making decisions on what caused the slip on Greenbrier Road. A surveyor was at the site today. They have arranged to have a boring company come within the next two-weeks. Boring companies are usually in a slow period this time of year, but because of the circumstances this year, the City is fortunate how it worked out with this boring company. They were scheduled to be in town working on another project on Three Springs Drive, so when they are finished there, the City will move them over to Greenbrier Road. The Mayor committed about our open agreement with HDR, so we have to move on this in an emergency fashion to get this done. Mayor Miller read a letter from Senator Bowman, who was first planning on being at this meeting, but was unable to attend. Therefore, the Senator requested that his letter be read in response to an issue on gambling, which is ongoing between Senator Bowman and Jodie Kraina. (The letter will be attached to these notes.) CITIZENS COMMENTS Brenda Maul - She is representing the Weirton area Chamber of Commerce and its nearly 400 membership. The comments made were in reference to the B & O tax on this evening agenda. The Weirton Chamber of Commerce and Weirton local businesses have always and continue to be opposed to a B & O tax of any kind. If this Ordinance is passed, the Chamber realizes that the Council feels justified in implementing this tax and realize that this tax may only effect a few industries, however, they feel this will be detrimental to all businesses and could cause a tremendous ripple affect in the community. Because of there opposition to this tax, they request that the Council take addition time to discuss this matter. Marvin Six, Interim Executive Director, Business Development Corporation of The Northern Panhandle, 3200 Main Street - He expressed his opposition to the B & O tax, which is Item 3 on the Agenda. There are several reasons for his disagreement to the tax. First, he feels the tax is a negative point in presenting our area especially the City, to a any company considering locating in Weirton. Second, the Council would put a ceiling dollar amount that an existing large company may not want to surpass, because of exposure to the tax. This would reduce the potential capital expenditures and expansion. Third, it has isolated the manufacturing companies, which provide the type of job that the state, in our area, has been trying to attract. He realizes that the City has to address revenue concerns and is trying to avoid placing a burden on smaller companies, but recognize the burden that could be placed on organizations that are looking to attract new, expanding, and existing commerce. Dan Greathouse, Commissioner - He has a grievance for AMPS; this is what we have talked about in the past. He recognizes that at this late date they may have to get back with him on this matter, and set up a second meeting. He has two drafts, which are: The Memorandum of Understanding and Inter-creditor Agreement that he passed out. He is not sure if the Council can act on that tonight, but Council can take a look at it and get back with him. Mayor Miller said that the Council will not act on that tonight, but copies would be made for Council to review. The Council needs to understand the full ramifications of what is taking place, and it would be unfair of them to make any decision based on lack of knowledge. At this point in time, they will have the information and we can put it on the agenda for 7th February. He also wants to mention, that they do not have any written agreement, but he is waiting to finish up the paper work on that. They have agreed to move into the building on Penco, which is Donny Teramana's building, which used to house the Weirton Steel. They have worked out an agreement to be there. Plans are as soon as he can release the money and move on with this thing that they will begin to work and get moved to Weirton, within the next two to three weeks. He is asking the Council to help share in that risk, and we are going to continue to move forward on the County Commission and the EDA. They met this month and one of the City Representative sits on the EDA and he voted in favor of this. We got a 9 to 1 vote, and they will continue to work on this. They have had sat in many meeting on this and he will come back. If there are any questions, he will answer them right now. The Mayor said that they will probably have a Council Workshop and he thinks at this time, after Council has had an opportunity to review this they will have a workshop. We will probably ask you to sit down with Council… Mr. Greathouse thought that the workshop would be a great time to lay out how the money would be given, how much you will have to give out, and how we are going all the way; step-by-step. It will be a step-by-step process. It won't be $600,000 at once. It will probably be $100,000 in six different increments. We will show how the jobs will come on and how they will go and how we make goals to get to the next step. Mayor Miller suggested that Mr. Greathouse give the Council his schedule and they will make sure that the workshop fits around that. Mark Gelyptis, President, Independent Steelworkers Union, 2971 West Street - He represents around 2200 employees at ISG Weirton - They believe the B & O tax that is being discussed is unfair, in a number of ways, including the entire tax situation that has been discussed with ISG. He believes that ISG will carry the line share of the taxes that are going to result from the proposal or negotiation with ISG. Having said that, he would like the Council to consider new companies that may be looking at Weirton. These are companies that are giving Weirton some consideration to locate in the City. Perhaps give them some incentives to attract these companies. In the last three months, I know of, at least, three different companies that have looked at this area and find some things very attractive. If you could put your minds together and come up with some type of a program that could give them incentives companies to locate to this area, could be very good for Weirton. Second, if you could give some incentives to existing companies to spend money here, in this community, in an attempt to save the jobs that we have today. ISG has spent a considerable amount of money in Weirton Steel; somewhere around $30M, is what has been spent since they have been here. That is a substantial amount of money. ISG has been capital starved for the last several years. There has been very few dollars put back in the corporation. It is safe to say that the proposal and the discussions with ISG is going to result in a very unattractive situation for ISG, because the tax burden will be significantly higher in Weirton than any other city in which ISG does business. It is probably going to be at least twice the ramification, here in Weirton, than other cities such as Cleveland, Spurless Point, and approximately eleven other cities. Mr. Gelypsis gave an example to be considered and that is the tax liability is $1,050,000 for ISG, because that is adopted. Perhaps you could give consideration to, for every $10M that is spent; to keep current jobs here in Weirton, there is going to have to be a substantial amount spent to keep these jobs and to reduce the tax burden by say $100,000. This is just an example of trying to maintain the jobs that we have. Again, if you can give some sort of consideration, through some type of incentive, for ISG, or any other company to maintain the jobs that we have. This could have a very positive outcome. He is involved, to some degree as to where money is going to be spent. When you look at the burden that the City is going to put on this company, plus the workmen's compensation in the state of West Virginia, it is literally twice as high as any other state in which businesses are owned by ISG. It could become unattractive to spend money here. As for the B & O tax, he understands the burden that Council has. He knows they are doing the best that they can, under the circumstances, but please "Don't kill the goose that has laid the golden egg" here. He has heard comments of, "We are no longer interested in manufacturing", or "Manufacturing is not where it is at", think about that. Mr. Gelypsis would like to see technology here as much as they would, but we are still a manufacturing based industry, and we do need to keep our manufacturing base, and possibly diversify with other companies who have shown some interest. Mr. Gelypsis feels that if Council could give acceptance to this; it would be well served. City Manager, Gary DuFour, made the comment that he had spoken with Mark earlier today, and Council had discussed this at the workshop, in as far as, incentive and credit scenarios, and we are hoping to discuss with you, a businesses and manufacturer, singular and collectively, are looking at different programs and incentives, in addition to some of the things that we have learned. Mr. DuFour agrees that what they have to do is necessary, and it's a wrong number because it is an agreed upon number, but not willingly in some ways. He doesn't want ISG to have more than a tax burden than they have to, so again that door is open. Mr. DuFour suggest that he, Mark, Marvin Six, Council, and whoever they need to be inclusive in working out these issues. Mr. Gelypsis added that Carnegie-Mellon was interested in locating here, but we have the reputation of an unfavorable tax structure here. We are a satellite city to Pittsburgh and we gave the new roadway to the airport and we could be very attractive to a lot of companies, so let's make a consideration to make it attractive to attract business if we can. Jodie Kraina - Jodie commented on the letter from Senator Bowman and thanked the Mayor for reading it and added that she would be refuting Mr. Bowman on the floor of the State Legislature. They meet Wednesday and meet again in 30 days. Though she likes Mr. Bowman, she will speak to him face-to-face, and not through a letter, in her absence. It has come to the attention of the citizen's of Weirton that the City Council is discussing what Mr. Greathouse had earlier referred to, and she understands it something to do with the City having guaranteed $500,000 in funding for this AMPS Corporation. Mayor Miller corrected that amount, explaining that is $100,000 from the state, $250,000 from the County, and $250,000 from the City, however, we are like a cosigner or cosponsor. If all goes well, the money will come from the County funds, however, if there is a bankruptcy or some problems occur, then the City will act as a cosponsor and out of the Video Lottery Funds, it would be $50,000 for 5-years which; we would have to supplement $250,000. The Mayor asked Danny Greathouse if he was correct in that explanation. Mr. Greathouse commented that the first year is not even an issue. It would be in the second, third, and fourth year. Whether or not that money is in default or not, it would be coming out of the Video Lottery Fund. This is something that Council has to consider. Ms. Kraina asked if the City had done this before? Mayor said, "Not to his knowledge." The Mayor continued, as Mr. Gelypsis had spoken about, some sort of incentive program, or tax structure. The Mayor's feeling are that the City and the County should blend together to get out some type of revolving fund to help the businesses already here and bring more in. Ms. Kraina asked, "Isn't it true that this company is $500,000 in back taxes to the Federal Government? The Mayor said that that was correct, and that they were working on that at this time, with the IRS, to work out a payment scale and arrangements. Ms. Kraina continued with asking if it was this City Council and these funds that are paying that off? The Mayor said that it was not. Ms. Kraina wants the Council to understand, that if AMPS owes $500,000 and they receive $500,000 from this Commission and this City, it certainly looks unethical and suspect to the citizens of Weirton. Mayor Miller said that Mr. Greathouse, said that he, the County Commissioners, and the EDA are going to work out arrangements in how the money is to be funded, and it is going to be over a period of time. Whatever problems they have with the IRS they are going to have to work out themselves. His understanding is that they have worked out payments with them. How true it is, he does not know but they can get their source undated and get back with Council when they have the Council information. Ms. Kraina made the statement, "That surely City Council would not consider doing something that appears to be very well outside their powers and authority, as outlined in the City Charter. You are in no means a bank. You are in no means to authorize and cosign or backup or guarantee funds for any company. That is not the purpose of this City Council. So I would just caution you to, please, investigate further. I believe that is well outside your jurisdiction and it could lend, not only unethical possible public exposure. There would be public activity here, and maybe a Supreme Court battle. Do we do the same for ISG; are we doing anything for them to give them $250,000? Wouldn't what we do for AMPS have to go to other companies as well, who don't owe $500,000 in back taxes, and that are not highly suspect. I am just saying that we the citizens have to veer caution raising on this issue, because of the amount owed and the amount that would be loaned. The appearance of this is in nowhere in your governing powers to do something like this. So we are just questioning it and cautioning it." Mayor Miller said that he appreciated Ms. Kraina's comments and that Council will get into it, in depth, and take what she said under advisement. Roger Madden - He commented that he lives in Senator Bowman's neighborhood and what the Senator told him personally about a week ago. Going back to the AMPS matter that the Council is getting involved with is bringing up a lot of attention; even in tonight's newspaper. He suggested that the Council read the Editorial, because it was good. The Mayor said that that was a matter of opinion. Mr. Madden has attended many Council meeting and to him this is the most important one. There have been discussions and debates over the LVL and gambling issues. During the last Council meeting there were many issues on the agenda, including the Thompson Hill Road. That is what you were talking about tonight. During the recess break Council members and the Hancock County Commissioners met in the back room to discuss an important matter. He isn't aware of what the meeting was about, and he questioned it at that time. His inquiry of the meeting led him to believe that it may have involved gaming issues. He was assured that it certainly did not. Approximately a month later, we the citizen's of Weirton, find out through the newspaper and other means, that this eluded Video Lottery is connected with it. You want to be getting paid for possible loans… (This drew quite a stir) Now you know that you can't relate the gambling issue to that, but you want to take a payment out of it? (Mr. Madden had attended the Planning Commission meeting and inquired about this issue, which is where this discussion started from.) Mr. DuFour, City Manager, said that this was not the subject that Mr. Madden had brought up at the meeting. Mr. Madden referred to the was directly to do with the Video Lottery, and Mr. DuFour felt like Mr. Madden was stretching a rubber band again, because he was Red Herring (!) the Planning Commission. A very loud discussion started, and the Mayor told Mr. Madden to finish what he had to say, and the Mayor didn't want any more comments. Mr. Madden continued with his comments and referred to Mr. Greathouse whether he called him a few days after the, off the record, meeting? Mr. Greathouse said that he did. Mr. Madden continued saying that Mr. Greathouse let him know what was going on in that meeting. Now it comes out that Council is talking about, and he knows it is a possibly, this committee and cosigning or cosponsor of this money. Now it is directly related to the proceeds of the LVL. What happens if you don't have $50,000? Mayor Miller asked to let him explain something to Mr. Madden, saying that LVL is Limited Video Lotteries, those are the machines, and what they are talking about is racetrack money. That is Video Lottery! Now there are two separate entities and you have them mixed up. Mr. Madden said to go with the other one then, it doesn't make any difference. He said he wouldn't make it specific between our LVL'S and the racetrack… Mayor Miller commented that the only thing that subsiding our economy. The state gets $440M, and if Mr. Madden has a case against gambling, then he can go to the State Legislation, don't bring it forth to City Council, who has no control over it. Mr. Madden said, "If the City intends on relying on these funds; the proceeds from companies that we don't know a lot about, they need to investigate further; because he did today. He checked the Internet, and there is "For Immediate Release", March 4, 2004, they are actually looking for jobs. They already have it on the Internet. Mayor Miller asked Mr. Madden what was on the Internet? Mr. Madden commented that AMPS already having applications for Sales Accounts Managers, Customer Service Reps, PC Technicians, and… Mr. Miller asked what the date was, again? Mr. Madden repeated March 4, 2004, and commented aren't we a little ahead of time? The Mayor is going to give him one more minute to finish. Mr. Madden continued that it is like we are robbing Peter to Paul. So when are we going to stop acting like this? The Council was supposed to have their meeting last week after the Special Zoning Commission. He had asked Mr. Miller personally, "If this was going to be opened to the public?" and you kind of gave me a nod, and it wasn't open to the public and they called and found out that it wasn't even open to the media, which was retorted the next day in the paper. Mr. Miller asked Mr. Madden, "Why he was mixing and matching"? Mr. Madden said because this is like a dysfunctional family. Mr. Miller said, "A dysfunctional family in government, and Mr. Madden said, "that it needs to be brought out then". Mayor Miller stopped the discussion, and told Mr. Madden to write a letter and state where he was going. Councilman Moore made a comment, "That this Council has not done anything on this proposal and they are not going to do anything on it tonight. They just got the paper work, and Mr. Madden is a little ahead of it. (This caused another discussion) Councilman Dalrymple retorted that Mr. Madden just made another accusation. Mr. Dalrymple suggested that Mr. Madden get his facts straight before he comes to accuse Council of being back handed and doing back room deals. He was fed up with what Mr. Madden was saying. Mayor Miller stopped the whole conversation, and the Council moved on with the agenda. No request for Executive Session OLD BUSINESS Second Reading of Ordinance No. 1434. Ordinance regulating the setting of Wireless Telecommunications Facilities. Pulled until the Planning Commission recommendations Seconded Reading of Ordinance No. 1435. Ordinance enjoining increases in Police and Fire Service Fee during current Administration. (Sponsored by Frank Veltri) It was moved by Councilman Moore and second by Councilman DeMasis. This Ordinance was unanimously approved to accept this Ordinance. Second Reading of Ordinance No. 1436. Ordinance enjoining increases in Weirton Municipal Service Fee during current Administration. (Sponsored by David Dalrymple) It was moved by Councilman Dorich and second by Councilman Veltri. This Ordinance was unanimously approved to accept this Ordinance. Councilman Miller made a comment on these Ordinances. His comment covered both of these Ordinances, in that, this is a motion by Council to stand firm on existing service fees. This would also help ISG with the Fire and Service Fee. In turn, all the employees of the City of Weirton would waive that service fee, which would be frozen for the next couple of years, two and a half years. NEW BUSINESS Resolution authorizing City manager to enter into contract for updating the City of Weirton's Codified Ordinances. It was moved by Councilman Dorich and second by Councilman Moore. Councilman Kondik had a question. He wanted to know how many Ordinances that the City has had in the last year? He also wanted to know why the City had to spend $3500 a year to update these books. Mr. Kondik doesn't understand why they have all these UDO's and all these Codified Ordinances and they have to spend this money to revise or update. This is not in house. Why can't we just do it in house? Mr. DuFour commented that this is not a housekeeping chore. American Legal has done all the City of Weirton's codification by prior agreement. Last year we caught up 3 years of codification and caught up our books and did changes to it. Now this is to do it annually and to do the annual update on them. Mr. Kondik asked what they paid last year? Mr. Kondik asked why this cost $3500, as he does not believe that it costs this much? Mayor Miller expressed that this was up to that amount. Mr. Kondik asked again, "How many Ordinances that we had last year? The Mayor commented that the Clerk would not know. Mayor Miller said there were at least 47 that American Legal had to catch up over the last 3 years. Mr. Kondik wanted to know how many this year? The Mayor again said that it was up to that amount, but Councilman Kondik can't see spending anything when we can do it in house. Mayor Miller asked who was going to do it, in house? Councilman Kondik said that the City has a City Clerk that can do it. The Mayor said that Councilman Kondik didn't understand the process, but Mr. Kondik says we can do it. Councilman Moore commented that he believes that this includes putting the Codified Ordinances on the Web and on CD. John Yeager, City Attorney, explained to Mr. Kondik that American Legal has their own site and he doesn't see how the City can put anything on there. If anyone want to get the City Code, they can go on the American Legal Publications Website, enter City of Weirton and the whole City Code will come up. We could make a summary of all the ordinances that we have passed in the last year, but there is no way to put them on that proprietary site, that they own. You can have a ten-page summary, but it won't help you to find it. There is something that Mr. Yeager is concerned about is, and he spoke to Mr. DuFour this morning about this. For instance, if we were going to change Ordinance 1313; this Ordinance has been changed at least twice before with no notation as to where these changes are. He doesn't know if there is any kind of summary that will tell you where these other changes are. Mr. Yeager found it by getting the latest Ordinance Book and starting going back. We need something to make this in house, as a matter of fact, if the Mayor and City Manager don't mind his taking the time to do that in his office, so that we know we are not stepping on other toes if we change something. Mr. Kondik didn't know that they had rights to the Code. Mr. Yeager advised him that they didn't have the rights to the Code, but that their Website is proprietary. We can't go on that Website and change anything. We can print up anything that we want. It has a search engine and you can find anything that you want. If you type a specific subject in there, it will bring up every place that has that word in it. Mr. Moore pointed out that this Website is not really for the City, it is for the citizens; if they were interested or if they wanted to do some research. Once those Ordinances are passed the citizens have the right to know all the information and this is the only way that we can get it out to them. This Resolution was unanimously approved. Resolution to enter into Agreement with the Northern Panhandle Workforce Investment Board, Inc. for Disaster Relief Funding. It was moved by Councilman Kondik and second by Councilman Moore. This Resolution was unanimously approved. Councilman Kondik had a comment so that the public understood that this fund is a federally funded program, which we are eligible for in the amount of $397,000. Ordinance amending Chapter 3, Articles 791.01 and 791.04 of Code of Ordinance of the City of Weirton, West Virginia and making same retroactive to July 1, 2004. It was moved by Councilman Miller and second by Councilman Dalrymple. Councilman Miller had a comment that he was surprised by the reaction, because this Ordinance which is on the book is a compromise in an agreement that ISG accepted and modified the B & O. They understood the concern that the City as it was put in for the protection of the City. Unlike what the City had with the previous employer, Weirton Steel, in lieu of tax and when they filed bankruptcy the did not have a position in the bankruptcy courts, so they put it as though it was an actual tax and not an "in lieu of". ISG understood that and worked with the City to reach an agreement in the amount of maximum of what would be paid on the B & O. It was modified after the City of Follansbee's B & O, which is in place. So Mr. Miller is surprised that there is concern as far as ISG and the application of the B & O. There are West Virginia tax credits available for manufacturing and I hope that everyone in the community applies for West Virginia tax credits for manufacturing. Councilman Miller continued, that Council intentionally put the lowest rate on the B & O tax to minimize the impact on the smaller manufacturers, in the City. We are looking into tax incentive and credits. Councilman Miller made another comment on what Ms. Kraina had made. In previous years, the City of Weirton did do a number of things to help other businesses and that was to take in lieu of liability to Weirton Steel, from $1.5M to $600,000 as they continued to show losses. So the City did accept that burden and had to pick up the additional cost. That is similar to what you are looking at, as far as, investing in a company. Councilman Moore making a comment on the B & O, of which he is not fond of, but this in essence is not a B & O. This is a negotiated settlement, agreed upon by both sides. It has a floor and a ceiling to protect the City in case, as in Weirton Steel, went into bankruptcy, and left us in poor footing, because the agreement that we had took lower priority in bankruptcy court. Councilman Kondik also commented that he, Councilmen Miller, Moore, and Dalrymple spent the year on the Subcommittee with ISG, and the last go round, he did fight against the B & O. In lieu of that agreement, it has to have the B & O language to support what we need. Because of his respect for Mr. Gelypsis, Councilman Kondik said that he was sorry, even though, he did fight the B & O before, this time he was supporting this B & O. It is something that needs to be done constructively, in this matter, because of what happened to the City with Weirton Steel. Councilman Miller had another comment, because of early discussions with Mr. McKenzie, representative of ISG, we asked if, legally, they could come up with a document that would protect the City. That is why we reached the compromise which put this modified together. Mayor Miller requested a roll call vote. Yes': Councilman Kondik, Councilman Veltri, Councilman Dalrymple, Councilman Dorich, Councilman Moore, and Councilman Miller. No's: Councilman DeMasis This Ordinance was approved with a 6-1 vote. Ordinance making it Unlawful to Fail to Pay for Fuel. It was moved by Councilman DeMasis and second by Councilman Moore. John Yeager, City Attorney, made the comment that this was done because of the increasing number of people who drive away without paying for gasoline. The State Code specifically says, that it is a crime not to pay for gasoline, but thought what if someone steals diesel or other fuels such as propane. That is why those were added in the Ordinance. This Ordinance is something that the police think needs to be done. On the second offense it will be reported to the state, and that persons license will be taken away. This Ordinance was unanimously approved. Resolution to approve budget revisions to General Fund Fiscal Year 2004-05. It was moved by Councilman Dorich and second by Councilman Miller. Valerie Means, Financial Director called for a roll-call vote. Yes votes: Councilman Kondik, Councilman Veltri, Councilman Dalrymple, Councilman Dorich, Councilman Moore, Councilman Miller, and Councilman DeMasis. No votes: None This Resolution was approved unanimously 7-0. Ordinance to amend Ordinance No. 1313 establishing the salaries of Municipal employees within the City of Weirton General Fund. Mayor Miller asked if there was to be an amendment to this Ordinance? It was moved to separate this Ordinance by Councilman Dalrymple and second by Councilman Moore. Councilman Moore asked that this Ordinance be amended, a revised copy has been handed out, in which all references in the prior Ordinance be removed except for those referring to the UDO Administrator. It was moved by Councilman Dalrymple and second by Councilman Miller to accept the Amendment. The Amendment carried unanimously. Councilman Veltri made the comment that the City has qualified people in the Inspections Department to do proceed with this UDO. He thinks that if they get an extra person instead of this one, which is against giving anyone raises. The Mayor started to comment, "That it wasn't against giving anyone raises, it was to establish…" Mr. Veltri understood what it was, and he is against it and cannot support it this time. Councilman Moore made a comment on this amendment has nothing to do with quality, qualifications, or dedication of any member of the Code Enforcement Department, of the City of Weirton. This is about a new Unified Development Ordinance that may be put in place in the City. It is very extensive document changes, the complete zoning structure of the City. That department has already lost one (1) forty-hour (40 hr) person, in last years budget. Now we are going to put this load, and it is a major load, on that department, and not to subsidize it, but someone to administer it. There are two (2) Code Enforcement Officers and a Director doing what three (3) Code Enforcement Officers and a Director did previously. Now we are going to add this to that department. The purpose of the UDO is to make it easier for businesses and developers to come in and streamline and get through the City permit and application approval process, so the City would be more business friendly. If we put this in place, and don't subsidize the administration of those procedures, those applications will sit and bog and gather dust. It is not as though we don't have qualified dedicated people, in that office, we can't give them more responsibility and not give them the support to carry it out. Therefore, all the work the UDO has been is wasted, without someone to administrate it. Councilman Kondik agrees with Councilman Moore 100% and he kind of agrees with Councilman Veltri too. In looking at the UDO Code, which is unbelievable as he and Councilman Dalrymple spent the year trying to figure it out. There is just too much for just one person, other than an officer to administer that. He thinks what is in the background is whether the City spends $28,000 in that department or if we spend that amount in other departments. He can see both sides of the coin. Councilman Moore said that department generates considerably more revenue than the department's bills and expenses. That department is a fund generator. Do you want your city to be known as one that is positive and willing to work with business and developers or do you want your city to be known as one where they send an application in to die? Councilman Kondik agrees with him but on the other side of the coin we have cut services and we have cut personnel in Public Works--and there is just some consideration in that department. Councilman Miller commented that sometimes they talk out of both sides of the mouth. We just said in the prior meeting, before Council meeting, at looked at CDBG funds and where we could go to improve the downtown area and how we could spend this money. To do that it takes an effort by the Code Enforcement Officers to enforce the codes that are already on the books, because we are shy one (1) and maybe two (2) Code Enforcement Officers. Then we have a Resolution in front of us that would put the City in a different light, as far as, development making it easier to make a decision…(unclear what is being said) He gets a bit confused. We want to apply for CDBG grants and do things downtown, but we can't enforce the codes to clean up downtown, but we don't want to hire an officer to supervise the UDO. He thinks that this is one of those decisions in the City going forward if we are going to continue to develop Three Springs Drive and downtown. Councilman Miller is in favor of this amendment. Councilman DeMasis commented that he has leaned on those people for years, but every time he has gone to them they have accomplished what they had to do. He said that they were in top condition as he sees them moving around, and wonders where this downtown area would be without them? They always come up to him, they always took what he brings to them and they pick it up and gone with it. Those guys are great! God Bless you guys. Mayor said the motion has been made and second, and the amendment has been made, and we passed on the amendment. And we passed on the original motion as amended. Mayor Miller calls for a roll call vote on this. Yes votes: Councilman Dalrymple, Councilman Moore, Councilman Moore, Councilman Miller, and Councilman Kondik. No votes: Councilman Veltri, Councilman Dorich, and Councilman DeMasis. The vote was 4-3 in favor of the original ordinance as amended. Resolution to authorize City Manager to enter into agreement with Hancock County Commission to undertake Economic Development project. Pulled Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 205 Marion Planting. It was moved by Councilman Dorich and second by Councilman Moore. This Resolution was unanimously approved. Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 205 Alonzo and Willie Gilliam. It was moved by Councilman Dorich and second by Councilman Moore. This Resolution was unanimously approved. Resolution to place liens against real properties for costs incurred in demolition of unsafe properties pursuant to Ordinance 205 Lillian Sirback. It was moved by Councilman Dorich and second by Councilman Dalrymple. This Resolution was unanimously approved. Resolution to purchase a new Fire Truck City of Weirton Fire Department. It was moved by Councilman DeMasis and second by Councilman Dalrymple. Councilman Dalrymple asked Chief Cole what this vehicle actually is? Fire Chief Cole explained that it is a one time utility vehicle that will be used to transport hose to individual fire calls and will also be used as a rescue vehicle. It is not an actual fire truck. This Resolution was unanimously approved. Resolution to approve funding for the completion of Steelworker's Memorial. It was moved by Councilman Dorich and second by Councilman Miller. This Resolution was approved with a 6-1 vote. APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS An appointment to the Weirton Human Relations Commission sponsored by Councilman Dalrymple. Timothy A. Reinard, 256 Bell Boulevard, Weirton, WV 26062 Councilman Dorich question if Mr. Reinard was going to give up his position with Weirton Transit? Mayor Miller responded that it was a good question and he would not have to give up his position. It was moved by the Sponsor, Councilman Dalrymple and second by Councilman Miller. Councilman Dalrymple commented that Mr. Reinard was very interested in the job and he approached Councilman Dalrymple about the position, and he has no problem sporsoring him and wishes Mr. Reinard all the luck working with the Weirton Human Relations Commission. Mr. Reinard was unanimously approved for this position. ADMINISTRATIVE REPORTS Public Works - Brae Bryant reported that they are having problems as the report was stored on a disc and it was corrupted and was unable to reproduce a report due to the floods. All the staff is responding to this effort to acquire information to reproduce the initial report and it will have to be retyped and they will get it out to the Council as soon as possible. Fire Department - Chief Cole acknowledged the addition of an extra sheet, which is attached to this month's report, which is a year-end summary of runs. Mayor asked the Chief if he had completed his informational meetings with ISG, in visiting all areas of the plant. Chief Cole responded by saying that they had made…(unclear in what was said) progress in training…(unclear) and it is an on going thing with ISG and will continue for the next 6-8 months, if not longer. Utilities - Butch Mastrantoni said that they are continuing to battle the broken lines. The cold snap at Christmas followed by the extremely seasonable weather afterwards has created approximately eleven (11) line breaks. Of the eleven breaks, nine did not surface, so we are having to search the town to see find underground breaks. They did begin to threaten tank levels and we asked for voluntary conservation order. Fortunately the weather has cooperated with them and has been raining. This keeps people from washing their cars, so car washes and laundry mats have not been a problem, especially since the holiday season. It usually keeps people away from the laundry mats. We are continuing to battle those and getting them slowed down and under control. Parks and Recreations - Nothing to report. Inspection - Rod Rosnick added that business licenses were due 1 January, and approximately 200 businesses in the City are currently delinquent. Delinquent letters will start next week. That shows that 80% are paid. Library - Rick Rekowski reporting that the Library carpeting has been accomplished and the color is blue. He is encouraging people to come to Library to see the restful color. He is appreciative of the community and patron, while they were closed. John Yeager asked if the Weirton Steel Bulletins be out again for people to come and look at? Mr. Rekowski said that they would like work for future projects on that, but they are in a secured area of the Library. They recently received two (2) donations of runs of the Weirton Steel Bulletins, and really did compliment the issues that they did not have. Right now they are in a secured area and they need to talk about how they can provide access to them. TREASURER REPORT Valerie Means, Financial Director, reports for December 2004; Beginning Cash Balance:$714,824.96; Interest: $320.52; Deposits: $1,066,541.66; Withdrawal & Investment Account: $250,000; Disbursements: $1,742,002.06; Cash Balance: $289,685.08; Checking Account Balance: $2,204,923.74; Total Cash Balance and Total Cash Investments: $2,495,308.82 It was moved by Councilman Dorich and second by Councilman DeMasis to accept the Treasurer's Report. It was moved by Councilman Dorich and second by Councilman Moore to pay the bills. It was unanimously approved to accept this report. Prayer ADJOURMENT
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