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WEIRTON CITY COUNCIL MEETING August 9, 2004 Regular Session 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, August 9, 2004, in the City Council Chambers, with Mayor William Miller presiding. Councilmembers in attendance were Steve Dorich, Harold Miller, Dale Moore, Henry DeMasis, George Kondik, David Dalrymple, and Frank Veltri. Present from the City were Gary DuFour, Valerie Means, John Yeager, Chief Kessler Cole, Chief Lance Scott, A.D. Mastrantoni, Rod Rosnick, John Brown, Rik Rekowski, and Karen Orler. It was moved by Councilman Kondik and seconded by Councilman Dorich to approve the minutes from the regular session of July 12, 2004, and the special session of July 26, 2004; this passed unanimously. Mayor Miller awarded a plaque to Marty Hudak of Weir High School who was named West Virginia Principal of the Year. A certificate of appreciation was awarded to Terry Green for donating eight vehicles, towing services, and the use of his property for the Fire Department Holmatro rescue equipment training. Chief Cole advised that for the past several years Mr. Green has done this. Mr. Green was unable to attend the meeting; they will see that the award is delivered to Mr. Green. Mayor awarded a plaque to the Weir High girls track team who won the West Virginia State Championship in the shuttle and relay team. Mayor also awarded plaques to Aaron Gurskey of Weir High who was the West Virginia State Champion for the discus throw, and to Janice Drelick of Weir High who was the West Virginia State Champion for hurdles. Mayor Miller advised that complaints have been received of speeding and dogs and cats running loose. He advised that the Police and the animal control officer have been made aware of these complaints. John Good, 200 Mason St.: Mr. Good advised that he wanted to address Council on their job. He said they were elected to protect and to maintain the security of the City. He felt this should be done without putting people in the poor house. In reference to the resolution on the agenda about contacting the State about the Limited Video Lottery Act, he felt that the State would not allow Council to meddle with this Act; he felt that such action could wind up with the State doing away with the machines. Councilman Moore asked Mr. Good to clarify his point; Mr. Good felt Councilman Moore was not listening. Councilman Moore advised that Council in this resolution is asking the State for some local legislative authority over these machines to be instituted; Council was simply asking for some input. Councilman Moore did not believe that the State would ever do away with the machines because of the revenue they bring in. Edmund DiBacco, 3928 Brightway: Mr. DiBacco brought up a letter that he had sent several months ago to Council about the mural on Purdy Lane. He had proposed that in exchange for the costs of taking down this wall that the City turn over to him a lot on West Street that had been appraised at $8,000. Mr. DuFour advised that Council had received this letter. In reference to the mural, this had involved a free standing wall, not the wall of the building; they had tried to close this wall. In reference to the West Street property, Mr. DuFour advised that the City cannot simply deed this over to Mr. DiBacco; this would have to be sold at public auction. The only other alternative is that the Redevelopment Authority be given control of the property for a particular use. Ed Powell, 69 Braxton Rd.: Mr. Powell commented on the resolution on the agenda to terminate parking meters in downtown Weirton. He felt this is probably an action whose time has come; however, he did not want to create any problems for businesses. He asked that Council consider some sort of courtesy parking signs, painting lines, or developing some sort of Police procedure if the parking is abused. Councilman Miller advised that he had sponsored this resolution. He advised that the City has never received any monies under the Ampco contract, since the contract provided for the City to receive funds after Ampco had realized $60,000, and they have only been receiving approximately $30,000 a year. Ampco also did not live up to the contract, since they failed to provide spreadsheets showing what they collected. Also, when the State sent a person to calibrate the meters, many were found to not be working properly, or working at all. Roger Madden, 125 Circle Dr.: Mr. Madden addressed Council in reference to the resolution dealing with the State Limited Video Lottery Act. He pointed out that since January the number of machine locations went from 70 to 102. He felt that the citizens should have a say on this issue. He agreed that the system needed to be changed. Councilman DeMasis pointed out that there had been a meeting on the machine issue where Senator Bowman had told the citizens that those against these machines should go to the legislature when they were first acting on this issue. Jody Kraina, Palisades Dr.: Ms. Kraina addressed the gambling issue. She quoted several items under the City Charter about the responsibilities of Council. She also addressed some members of Council having a conflict of interest on this matter. She brought up that she has been going door to door on this issue. Ms. Kraina also advised that a rally is being planned at the Community Center about gambling. She also felt that this State gaming law goes against Weirton's City Charter. Councilman Moore asked Mr. Yeager if any part of the City Charter supercedes the State Code; Mr. Yeager advised that it did not, that State Code supercedes the City's Code. He felt that unless the State law is changed that the City can only deal with this issue by zoning. Mayor also spoke about dealing with this through the Planning Commission. Darlene Frederick, RD 2, Box 397, Colliers: Ms. Frederick talked about the problems she and her neighbors have been having because of the Panhandle Trail; their privacy has been violated. She advised that since they live outside the City limits the City police do not answer calls there. There are no trash cans or restrooms on the Trail. She talked about people watching her family while they are in their yard. She also brought up dogs loose on the trail. She asked that the City restore their privacy by erecting a fence that people cannot see over or get through. Mayor talked about cities taking over old railroad areas for trails. Mr. Riccelli advised that the railroads have given rights for this as long as these areas are used for public purposes. If the use changes, the property reverts to the railroad. Mr. DuFour asked Ms. Frederick if she had spoken to a Mr. Droppleman about this; Ms. Frederick advised that he never returned the call. Karen Delaney spoke about people cutting through her yard to get to the trail instead of using the access area. She also presented some pictures of a bench on the trail which had been knocked over and never repaired. Councilman Miller asked if the City had been involved with pass-through funding for the Trail; he asked Bob Riccelli about this. Mr. Riccelli felt this area was the jurisdiction of the Brooke County Commission, that this area is outside of the City limits. Councilman Miller asked about grant money for the Trail; Mr. Riccelli advised he could not speak about the specifics of the funding. Mayor Miller suggested these people contact the Brooke County Commission, or give him a list of their problems and he would contact Brooke County. It was moved by Councilman Kondik and seconded by Councilman Moore to convene into executive session consistent with West Virginia State Code 6-9-A-4(4) to discuss litigation and personnel matters; this passed unanimously, and Council convened into executive session at 7:53 p.m. At 8:06 p.m. it was moved by Councilman Moore and seconded by Councilman Dorich to reconvene into regular session; this passed unanimously. Mr. DuFour advised that there will be a change in the method of handling mail to the Council members. He has discussed this with Council, and also with the City Clerk. Materials for Council will be forwarded to the City Clerk to be logged in, date stamped, and filed to be picked up by the Councilmembers or delivered to them, as dictated to the City Clerk. He advised that there has been no specific method for dealing with Council mail in the past. First Reading: Ordinance amending Article 331-01 of City Code-Adoption of State Law: It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve at first reading the adoption of West Virginia Code Chapter 17A, 17B, 17C, and 17D; this passed unanimously. First Reading: Ordinance to amend Ordinance 193-Ordinance Raising City License Fee for Private Clubs: Mr. DeMasis advised that he had wanted to sponsor this Ordinance to get more money for City services which have been cut. It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve at first reading this Ordinance to amend Ordinance 193, to raise City license fees for private clubs; the fee for private clubs with less that 1,000 members would be $500, and for those with 1,000 or more members the fee would be $1,250. Councilman Moore believed that in November at the Mayor's direction Mr. Rosnick had reviewed license fees for different businesses in the City; these had not been adjusted since the 1990s. Councilman Moore advised he would like to see a comprehensive review of the fee structure; he was not sure that one type of business should be singled out. Mayor Miller advised that staff would be doing this in the future. Councilman Miller agreed with Councilman Moore. However, he felt this change was extreme since it more than doubled the fee for the clubs. He advised that he would support a lower amount. Councilman Kondik voiced his agreement with looking at all fees. He also agreed that the amount in this Resolution was too high, and he advised he would vote against it. Mayor called for a roll call vote on the original Resolution; results were as follows: Councilman Dorich: Yes Councilman Miller: No Councilman Moore: No Councilman DeMasis: Yes Councilman Kondik: No Councilman Dalrymple: No Councilman Veltri: Abstained The motion failed on a 2-4 vote, with Councilman Veltri abstaining. Mr. Rosnick advised that when he gave this information to Council in November, the report showed what the State allows cities to charge; this will be put in Councils' packets. Resolution to Terminate Parking Meter System in Downtown Weirton: It was moved by Councilman Miller and seconded by Councilman Veltri to authorize the City Manager to exit from the contract with Ampco System Parking of Cleveland, OH, and that the meters and posts be removed and offered at public auction with revenue generated from the sale to be deposited in the Parking System Account. Councilman Kondik advised that a committee composed of Councilmen Moore, Miller, and himself will want to meet with Mr. Powell and business representatives on what can be done about the parking. Councilman Miller pointed out that this Resolution is to start the process for a change in parking; it is a first step. This motion passed unanimously. Resolution to Request West Virginia State Legislature Open, Examine, and Repair Flaws Located Within WVC29-22B-101, Also Known as the Limited Video Lottery Act: It was moved by Councilman Dalrymple and seconded by Councilman Miller to request the West Virginia State Legislature to open WVC29-22B-101 for the purpose of repairing loopholes, to give municipalities some ability to regulate the number, location, and taxation of limited video lottery establishments, and to clearly define the law to stop the abuse by those who choose to ignore the spirit of the law. Councilman Moore stated that the hoped that the State would in the future allow cities some input on this subject. However, he felt this Resolution continues a pattern of attacking the operators of these establishments. He felt these people are members of this community who are playing by the rules as set up by the State, and they are operating legitimate businesses. Councilman Moore felt that the "spirit of the law" on the part of the State was to sell the licenses for the machines. Councilman Moore moved to table this Resolution until this can be redone to remove the language about the "spirit of the law;" Councilman Kondik seconded this motion. Councilman Dalrymple agreed that these are legitimate businesses that are playing by the rules, but he felt that the rules are too broad. He advised this is trying to protect the community which is upset that gambling is overrunning the City. He drew a comparison to actions taken against strip bars. He agreed this was harsh, but he felt it needed to be harsh. He advised that this Resolution would just be asking the State to look at this question again, since they took away the ability of municipalities to protect themselves. Councilman Moore agreed with this, but he questioned why Council had to be antagonistic toward these businesses. Mayor called for a roll call vote on the motion to table; results were as follows: Councilman Dorich: No Councilman Miller: Yes Councilman Moore: Yes Councilman DeMasis: No Councilman Kondik: Yes Councilman Dalrymple: No Councilman Veltri: Abstained This was a tie vote, with Councilman Veltri abstaining. Mayor Miller cast a no vote to break the tie; the motion to table failed. Mayor called for a roll call vote on the original motion; results were as follows: Councilman Dorich: No Councilman Miller: Yes Councilman Moore: No Councilman DeMasis: No Councilman Kondik: No Councilman Dalrymple: Yes Councilman Veltri: Abstained This motion failed on a 2-4 vote, with Councilman Veltri abstaining. Resolution to Enter into Contract with R&D Associates for Continuation of Major Economic Development Projects Within City: It was moved by Councilman Kondik and seconded by Councilman Moore to authorize the City Manager to enter into contract with R&D Associates of East Liverpool, OH, for the administration of various major economic development projects within the City. Councilman Dorich asked if the City Attorney had checked this for legality. Mr. Yeager advised that this was legal; full disclosure had been made. This passed unanimously. Resolution to Establish a Tax Increment Financing District: It was moved by Councilman Moore and seconded by Councilman DeMasis that the City take the actions necessary for this; this passed unanimously. Resolution to Send Proposed Ordinance Providing for the Regulation of Timbering Within the City by Either Select Cut or Clear Cut Method to City Planning Commission: It was moved by Councilman Dalrymple and seconded by Councilman Moore to approve this Resolution. Councilman Kondik asked Mr. Yeager if the City has the right to restrict timbering or logging on private or commercial property. Mr. Yeager advised yes, this is an environmental issue; however, he did not believe it could be stopped. Councilman Miller felt this was redundant, since this is in State law. There could also be a discrimination problem in trying to limit hours of operation. Councilman Dorich brought up the damage that had been done in the past on 12 Street as a result of timbering. Councilman Veltri questioned how this would impact the homeowner who just wanted to cut down a few trees in their yard. Mayor Miller advised this is why they want to send this to the Planning Commission for review. Councilman Dalrymple asked Mr. Rosnick if there are any existing City ordinance addressing logging within the City. Mr. Rosnick advised there is not; this is usually left up to the Department of Forestry. The motion passed unanimously. Resolution to Accept Recommendation of Planning Commission for Preliminary Subdivision Plat Starvaggi Estates-Section One for Starvaggi Industries, Inc.: It was moved by Councilman Kondik and seconded by Councilman Moore to approve this Resolution. Mr. DuFour advised that meetings have been held with staff to review everything involved; the cooperation with the staff and Starvaggi has been excellent. This passed unanimously. Councilman Dorich voiced his desire to get the minutes from Planning Commission meetings. Date for Halloween: Mayor Miller advised that the City wanted to set the date for Halloween on Saturday, October 30, from 6:00 to 8:00 p.m. This was moved by Councilman Moore and seconded by Councilman Dalrymple; this passed unanimously. Councilman Kondik wanted to amend this to have Halloween on Sunday, October 31; he made a motion to rescind the original motion; this was seconded by Councilman Veltri; this failed on a 5-2 vote, with no votes cast by Councilmen Kondik and Veltri. Police: Chief Scott advised that in reference to speeding, for the month of July 217 traffic citations were issued; 68 of these were for speeding. He advised that more stops for these violations were made, but some people were issued warnings. In reference to animals running loose, 8 citations were issued, and 3 vicious dog citations were issued. The Animal Control Officer is putting out traps for cats running loose. Chief advised that the Police Department has also received another DUI grant for August and September. Councilman Moore brought up the number of false alarms received by the Department. Chief advised that 63 were received. It was brought up that businesses can be charged after six false alarms. Mayor Miller asked if these were weather related. Chief advised that there is no breakdown on that, but he felt that most are employees coming in and forgetting to do something with the system. Fire: Chief Cole advised that his staff has been training with ISG. The Fire Department has also received a $6,900 grant for fire prevention through Homeland Security funds. Utilities: Mr. Mastrantoni advised that staff will be doing tank testing and inspections on Marland Heights. Citizens in that area may experience low pressure during the time the tanks are emptied for inspection. This will occur this week and next. Inspections: Mr. Rosnick had nothing additional to report. Library: Mr. Rekowski advised that the Library had been closed one day last week because Allegheny Power had made plans to change out a power pole in that area. However, Allegheny Power's plans for that day had changed, and it had been too late to contact staff to open the Library. Allegheny Power stated they will advise when they schedule again to do this job. Public Works: Mr. Brown, in reference to timbering, advised that the City does do a bond with any company doing timbering or logging; staff videos and also inspects after the job is complete. Bob Riccelli: Mr. Riccelli talked about the work being done on the EDA grant; he will advise as work on this progresses. He also brought up that they will be negotiating a contract with Frank Dorsch for on-site engineer for the State building. Ms. Means gave the treasurer's report. It was moved by Councilman Moore and seconded by Councilman Dalrymple to accept the administrative reports and the treasurer's report, and to pay the General Fund bills; this passed unanimously. Councilman Dorich asked about the year-end carry over. Ms. Means advised that this would be a budget revision; she would like to hold a workshop to discuss this budget revision. With no further business before this August 9, 2004, regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.
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