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CITY OF WEIRTON REGULAR COUNCIL MEETING AUGUST 8, 2005 MINUTES Meeting was called to order. Councilmen in attendance: Councilman Henry DeMasis Councilman Harold Miller Councilman Dale Moore Councilman Jerry Miller Councilman David Dalrymple Councilman Frank Veltri Councilman George Kondik City Officials in attendance: John Yeager, City Attorney Valerie Means, Financial Director Lance Scott, Police Chief Bud Cole, Fire Chief Brae Bryant, Public Works Director Rod Rosnick, Chief Code Official Terry Weigel, Director of Park and Recreation Rick Rekowski, Director of Library Andy Mastrantoni, Director of Utilities The minutes from July 11, 2005 were presented to Council for approval. Corrections had already been made. Councilman J. Miller moved to accept the minutes as presented and second by Councilman F. Veltri. Councilman Kondik abstained, as he was not present at the last meeting. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller presented Roberta Colliers with a Certificate of Appreciation, in recognition of the excellent record that she had compiled during her 25 years of service with Dunbar Recreation Center. On behalf of the City of Weirton and its administration, Mayor Miller extended his congratulations on the attainment of that milestone, and their thanks for her many years of service. Mrs. Colliers commented that she has spent dealing with the City Council has been good years. She has gone through four (4) Mayors', and many Councilmen and she hopes that they continue to support the Dunbar Recreation Center. Mayor Miller then presented Brandon Shughart with the Mayor's Aware for bringing honor and distinction to the citizens of the City of Weirton for representing the City of Weirton and the State of West Virginia in the National Junior Gold Bowling Tournament, which took place in Indianapolis, Indiana. COMMUNICATIONS Mayor Miller called Mrs. Steve Dorich to the podium and announced that Council has decided, and will pass a Resolution that evening, naming June Street Playground after her husband, Councilman Steve Dorich, (Mr. Dorich expired recently). Mrs. Dorich made some statements on behalf of her late husband. First, she thanked the Mayor and City Council, and the seat in which Mr. Dorich once occupied. As she looked at the Mayor's pictures, which hang on the wall of the Council Chambers, she notice that there were at least five or six Mayor's that Mr. Dorich served under. She also wanted the City to know that Mr. Dorich loved this City; he loved Council, he loved everything it stood for, but, most of all, he loved the people. His first concern was the people of Weirton. Mrs. Dorich spoke to the people who had attended the meeting, and told them, "That they, the citizens of Weirton, put the people here (Speaking of the governing body of the City), so she wants the citizens to do their job and Council will do theirs". She thanked everyone for the honor of the playground (Steve Dorich Memorial Park) and the children that will enjoy this park. Mrs. Dorich presented the Mayor with an envelope, with some things that she thought they might like to have. She thanked the Council and offered her assistance in any way that they may ever need her. She asked that they never forget Mr. Dorich. Mayor Miller commented that there was someone who was concerned about Greenbrier Road, and that the Council had a discussion about it at their preliminary meeting. Based on the latest estimates it will not be opened until mid to late September, according to Brae Bryant and City Manager, Gary DuFour. Councilman Dalrymple wrote a letter and presented it to the Councilmembers and after speaking with Chief Scott, he is requesting that some type of Community Watch program be reinstated. Vandals and petty theft have victimized many residents in his Ward, even though the police department does a great job of patrolling and apprehending individuals bent on theft and destruction of personal property. All they are asking the citizens of the community to keep their eyes and ears open; pay attention to your surroundings, and if something out of the norm happens, no matter how insignificant it seems, to then call 911 or the police department. If you see a strange person or car in your neighborhood, call the police. If you hear a noise, don't dismiss it; call the police. If you see juveniles walking the neighborhood carrying cans of spray paint, or lawn ornaments, call the police. As soon as you are finished making your report to the dispatcher, fill out the eyewitness report (a copy was shown of the report), while the details of the incident are fresh on your mind. Give the officer all the information that you can remember about the incident because that will increase the chances of making an arrest. You can turn the report over to the investigating officer that responds to your call or you may turn it into the police station during regular business hours: Monday thru Friday from 9 a.m. until 5 p.m. You may even mail it to the Chief and he will be sure to get the information to the proper destination. The enrollment forms can also be picked up at the police department during these same hours. Councilman Dalrymple is requesting that those who are interested in joining the Community Watch Program, to pick up an information enrollment sheet. There will be signs available but the details are still being worked out. In the meantime, pick up the eyewitness report forms are free and will be made available to any citizen that would like to join this program. If you have any questions about this program please contact Police Chief Lance Scott at (304) 797-8577 or Councilman Dalrymple at (304) 670-9048. Councilman Dalrymple thanked everyone for cooperation in this project, because it will make this community a safer place to live and work. Councilman DeMasis asks that citizens not call their councilman about incidents that are taking place. They are not able to do anything about the problem and it wastes a good 45 minutes in apprehending the individual (s) who are responsible occurrence. He had this exact situation the night before, as someone called him rather than the police department. Someone had told them to call their councilman only. He stresses that for this type of incident please do not waste time calling them, but to call the police department. Councilman Veltri commented that he has been getting numerous calls about the streets not being cleaned. He asked when the street cleaner would be put on a schedule to get the streets cleaned up? Mayor Miller responded that this was now being taken care of with scheduling the streets that will be cleaned. Mayor Miller made comment on the bashing of the City and the Chamber of Commerce by Channel 7 today. George Misoyianis is rousing the troops by saying that the City is not taking care of itself and should be cleaned up as there are weeds growing everywhere. The Mayor said that Mr. Misoyianis should take a look at Culler Road and Palm Drive where the American Legion Post 10 has taken steps towards pride of this City. And also Councilman Bubba Miller has had people on Bass Drive in which the residents have planted flowers and is taking care of those particular areas. The citizens can be part of the solution or part of the problem. Mayor Miller will have a committee, which starts in September, and he will personally ask Mr. Misoyianis share how the City can be cleaned up and how economically we can do it. There are a lot of problems in the City. We have approximately $1.2M worth of road paving that is going to be starting, and there is no doubt that many things need to be done. There are many volunteers and he applauds them, that are planting flowers and cleaning up their areas, and there are a lot of businesses that are doing the same thing. They all agree to the fact that there are many unsightly areas and once they get started with the committee they can go forward in trying to reach a conclusion how to clean up and maintain those areas within the City. Councilman Miller had the high school children clean up 12th Street and within a week it was trashed again. So Mayor Miller again asked the citizens to be part of the solution and not the problem to getting the City cleaned up and maintaining it once they make that progress. It would be helpful to carry a liter bag in the car, rather than tossing it out the window. Council knows they have to improve the City and they are working to do that, but it takes time and money to complete the task. CITIZENS COMMENTS Phil Cutone - He didn't want to speak, but was there to find out more about the zoning issues. He didn't know anything about this until Bob from Weirton Tire and Auto, came in to tell him about it. Then he found out about his business being rezoned residential, but he doesn't know enough about anything that is going on to talk about it. Mayor Miller explained to Mr. Cutone, that there was concern on the part of the citizen's as well as businesses as to what is going on with the rezoning issue. The City had to be zoned in order to meet our state commitment. The UDO has been a working function in the last administration as it has been in this administration. They have had a year where they put it out to the public for comments and concerns, and right now, we have a system that a lot of people do not understand it, and Council has pledged their support to help individual residents and individual businesses to get to where they want to go. He has over simplified things, but Council has committed themselves to making Penna. Avenue, which is a cluster of businesses, residents, and industrial, get things resolved once the resolution was approved. Contact your Councilman and they will make the judgments on what is taking place, and assist in going through the proper channels to the issue resolved. There was a question asked to the present zoning status of Penna. Avenue, and Rod Rosnick commented that Penna. Avenue would be C1 commercial except for a few lots. Now it is a mix anywhere from R1 to R3 and C1 to C3, depending on where each is located. Mr. Polowack mentioned that he heard that about 6 years ago, an outside company came in and did the rezoning? Mayor Miller responded that he was probably talking about the Saratoga Plan. Mr. Polowack said that it was in 1999, and they were said to have surveyed people on Penna. Avenue. Many of people here have businesses on Penna. Avenue and he was never surveyed, so he is not sure whom the company actually surveyed. Mayor Miller said that he was not sure who was contacted, but that he has the book from that survey, and it cost the City $250,000 (a quarter of a million) to have this done. It is a beautiful plan but it doesn't do justice unless it would start with a $30M budget. Essentially that was the start of the program, and then followed by the UDO, which, by State requirements, the City must be rezoned and that is what they are trying to do. The problems that we do have, we will work out with the individual. Councilman Kondik commented that there would be a Planning Commission meeting that Wednesday at 5:30 p.m., in the Council Chambers. There are a lot of problems, but when this started 5 years ago there were a lot more problems, so he thinks that it is starting to work itself out. They need people, like those present, to be a part of the process so that they know what the needs and wants are. Councilman Kondik invited them to be present at that meeting so they can make their requests known and get some questions answered. Councilman Bubba Miller commented that the key is not to just go back and automatically rezone to C1, because it might not fit their particular business. They have to look at the allowable uses. Mr. Guglielmo, Pavlik Chevrolet, and LaPosta, on Three Springs Drive, where they sit, there are no allowable use for them. On Penna. Avenue the new zoning has allowable uses for automotive painting, repair shops, and tire sales, but there is not any for automobile sales. So we need to know what is the best zoning use for your business, which would be allowable under this zoning structure? This is what they are asking the Planning Commission about. We are also going to have all the development on Penna. Avenue is going to be done by local business people that are expanding. The new people coming in are going to be looking at Three Springs Drive and Colliers Way. Mr. DuFour commented that this project has its origin and planned in 1999, which is true, and as they picked it up and followed it through to develop the Unified Development Ordinance, which supposed to have planned based rezoning, by state law. There were some mistakes, as in car dealers, and we have to go back and correct them. What Council is attempting to do is to be open to hear about how this is going to get done. When they did that they talked about some residential, some commercial, and different levels of commercial, so it does require some real thought and a real look and it will take time. Council is trying to do that in that they are taking a real look at it and trying to hear as many of the concerns as possible. Planning Commission has been meeting on this issue for about a year and a half. Mr. DuFour knows people are busy and don't have the time to turn their attention to this matter. Issues have been brought to their attention and Council is earnestly attempting to address it. Councilman Kondik added that not only is the Planning Commission holding meeting in order to address this issue, but they have held several Public Hearings as well, and he again invites the citizen's to be a part of this. Mary Anne Meleady, on behalf of her mother, 511 Spring Street - She is one of the families who have been affected by slip on Overbrook Drive, which is affecting her house on Spring Street. Ms. Meleady had been advised to come to the Council meeting, although she doesn't know why. People know what is going on, but they want to know what the City is going to do, or planning on doing with the situation. She is glad that Greenbrier is being addressed and taken care of because she understands that it was another street that had a slip or slide on it. To bring everyone up to speed, her mother was asked to leave her home in April. She is now in an apartment. She is asking that her mother be able to return to her home as quickly as possible. She lives in Morgantown, but is glad that there are good things happening in Weirton, but what is the Council planning on doing with this situation? Mayor Miller went over the occurrences from September 2004 through February 2005, with the 13" of rain in a very short period of time. During that time the City of Weirton had 7 slides. Those who were affected by the slide on Overbrook were move of because of public safety issues with the possibility of the homes slipping. There has been an engineering study made in that particular area. There are three or four remediation types of situations that will take place. They are primarily concerned with 11th Street, which is above Overbrook. That road will have to be stabilized and improvements made. However, if they move into private property they have a problem, because once that is taken on, then the City becomes liable. So it will be Council's call as to what will be done with that situation. There are approximately 8 tenants there, in which some are empty lots and some are homes. There is one particular gentleman who has been very uncooperative with the City, because they were trying to help people out with the problematic areas. Without his easement rights there is not much that the City can do other than do the engineering study and present those finding to Council and let them make the decision if they want to move into the private sector and become liable. He is not sure that they want to do that. Councilman Jerry Miller commented as he had spoken to Ms. Meleady's mother on one occasion, and she is out of her house because of safety issues. We as the City can not let her go back into her home because they do not know exactly what they are going to do with the public verses the private properties. He realizes it is an inconvenience to Mrs. Hilton, but he would much rather that they do that, than have something happen to her. They are studying all the options that HDR Engineering Company has given them, but they have not made a decision yet. Ms. Meleady asked that she be kept updated in this matter. She has given Mr. Rosnick her number and Councilman J. Miller works in Morgantown, so they can keep in contact. OLD BUSINESS Second Reading of Ordinance No. 1452. Ordinance enacting and adopting a supplement to the Code of Ordinances for the City of Weirton. It was moved by Councilman Moore and second by Councilman J. Miller to accept. There were no comments on the motion. The motion was carried unanimously. Second Reading of Ordinance No. 1453, as amended in July. Ordinance setting new Application Fees for Zoning and Related Purposes. It was moved by Councilman Veltri and second by Councilman DeMasis to accept. There was a question from Councilman Kondik, to Rod Rosnick. Under Applications, Permits, and Fees, does every variance that comes before the Board can have the $100 fee applied? According to Mr. Rosnick, Yes! All old fees go out with the ordinance. The new fee, after this ordinance is past, will be $100. (Corrections made by Dale Moore/Rod Rosnick) Councilman Bubba Miller has had a number of calls in reference to the charges for rezoning of property. He understands that there will not be a $100 charge for rezoning, if initiated by the Planning Commission or Council, and asked Mr. Rosnick to confirm if this was correct? He said they would in cases, but if the individual property owner comes in to fill out an application for a zone change, there would be a $100 charge. If Council or the Planning Commission initiates those changes then there would be no change. (Corrections made by Dale Moore/Rod Rosnick) The motion was carried unanimously. NEW BUSINESS Ordinance to adopt revised parking plan; eliminating Section 351.9 and replacing Article 353, Chapter 5, Part III of the Code of Ordinances of the City of Weirton; and authorizing the City Manager to convey the City's parking lots to the Weirton Redevelopment Authority. It was moved by Councilman H. Miller and second by Councilman Veltri to accept. There were no questions or comments. The motion was carried unanimously. Resolution authorizing improvements to Indoor Firearms Range for Weirton Police Department. It was moved by Councilman Veltri and second by Councilman DeMasis to accept. There were no questions or comments. The motion was unanimously approved. Resolution authorizing naming of June Street Playground as Steve Dorich Memorial Park. It was moved by Councilman J. Miller and second by Councilman H. Miller to accept. There were no questions or comments. The motion was carried unanimously. Resolution referring to the Planning Commission for Zoning Maps and text changes for section on Pennsylvania Avenue. It was moved by Councilman Kondik and second by Councilman DeMasis to accept. There were no questions or comments. The motion was carried unanimously. Ordinance to replace Article V, Part 1, Section 505.11 of the Code of Ordinances of the City of Weirton, adding additional protections for animals left unattended in vehicles. It was moved by Councilman Dalrymple and second by Councilman H. Miller to accept. Councilman Dalrymple asked City Attorney, John Yeager to clarify exactly what they are doing. Mr. Yeager said that the existing ordinance doesn't fully define the crime. It seems as though an expert witness would have to come in and testify about what was dangerous for the animal and what was not. In term of being locked in a car on a hot day without the windows being down or water being there for the animal. This ordinance gives more leeway for the police officer and a little more leeway to judge whether they are guilty of endangering an animal by doing this. There were no more questions or comments. This motion was carried unanimously. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS. Richard Reinard to the Weirton Historic Landmark Commission It was moved by Councilman Kondik and second by Councilman DeMasis to accept. There were no questions or comments on the appointment. This motion was carried unanimously. John Greco to the Weirton Redevelopment Authority. He will be replacing Rex Fisher whose term ends 7/31/07. It was moved by Councilman J. Miller and second by Councilman H. Miller to accept. This motion was carried unanimously. ADMINISTRATIVE REPORTS Chief Scott, Police Department - He requested that as the citizens contact the Councilmen about the Community Watch Program, to let them know that the police department needs their report on file so that they can effectively do their job with resolving the incident. Chief Cole, Fire Department - So that the news media knows: The Fire Department will be starting within the next week or two a Pre-Fire Planning Program throughout the businesses of Weirton. This is not an inspection, but so the fire department can become familiar and if they do find something life threatening they will make them aware of it. Mayor Miller asked if there would be further communication so that the citizens know that this is a responsible act to make sure businesses are in compliance or any way that the fire department can help them? Chief Cole confirmed that this was the reason and they will be doing News Releases as that time approaches. Mayor Miller also asked that the Chamber of Commerce do a Newsletter, which would help the City out. Brenda Maul was present for the Chamber of Commerce, so the Mayor directed his comments to her. Brae Bryant, Public Works - Repaving should start late the following week (late in the week of 8/15/05). They are still doing patchwork. Rod Rosnick, Inspections - Nothing to report. Terry Weigel, Park Board - Friday night they had a line break at Stravaggi Pool at the wading pool. Unfortunately the break is under the main deck of the pool. Two years ago they isolated that pool in accordance with the new regulation for the State of West Virginia, so the wading pool will be closed for the remainder of the season, rather than stop now and close everything and dig up the deck. The playground equipment and we have 30 to 45 days for delivery so that we can get started on that project. Mayor Miller commented that by October we should be ready to have June Street ready to have the official name change take place. He also wants the area cleaned up and in nice condition for Mr. Dorich's name to be put on that playground. Councilman DeMasis asked Mr. Weigel if signs could be put out that no dogs be permitted, because of the feces left behind. There is a pooper-scooper ordinance in the City, but sometimes it doesn't work. Mr. Weigel said that there would be signs put up. Rick Rekowski, Library - Nothing to report. Andy Mastrantoni, Utilities - The Colliers project is slated to start August 22, 2005, pending the arrival of materials and equipment and the paper work being completed with the Department of Highways. This project is to extend City water services. Councilman Moore asked how many signed up and Mr. Mastrantoni said that there were 7 people to sign up, and this was 100%. TREASURER'S REPORT Valerie Means, Finance Director gave the Treasurer's report. It was moved by Councilman J. Miller and second by Councilman DeMasis to accept the report. There were no questions. This motion was carried unanimously. It was moved to pay the bills by Councilman Moore and second by Councilman DeMasis. This motion was carried unanimously It was moved by Councilman J. Miller and second by Councilman Dalrymple to accept the Department Head Reports. This motion was carried unanimously. Prayer Adjournment
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