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CITY OF WEIRTON COUNCIL MEETING - REGULAR SEPTEMBER 12, 2005 MINUTES Meeting was called to order Roll Call Councilmen in attendance: Councilman Henry DeMasis Councilman Harold "Bubba" Miller Councilman Dale Moore Councilman Jerry Miller Councilman David Dalrymple Councilman Frank Veltri Councilman George Kondik City Officials in attendance: Mayor William M. Miller Gary DuFour, City Manager John Yeager, City Attorney Valerie Means, Financial Director D. Lance Scott, Police Chief Kessler Cole, Fire Chief Rod Rosnick, Chief Code Official Brae Bryant, Public Works Director Andy Mastrantoni, Utilities Director Terry Weigel, Parks and Recreations Director Rick Rekowski, Library Director Approval of Minutes from the Council meeting on August 8, 2005. Mayor Miller asked if there were any additions or corrections. Councilman Moore had corrections to page 7, third paragraph, the last sentence: If the Council or the Planning Commission initiates those changes then there would be no change. It should read "no charge". There were no other corrections or additions; therefore, the Mayor asked that they entertain a motion to accept the minutes as corrected. It was moved by Councilman Jerry Miller and second by Councilman Frank Veltri. The motion was unanimously carried. MAYOR'S AWARDS AND PROCLAMATIONS As Mayor, William M. Miller Proclamations that September be recognized as the International Literacy Month, and September 8th is the International Literacy Day, and urges all citizens of this city to support life long learning within the community. Pleasant Valley United Methodist Church will celebrate its 130th Anniversary this coming Saturday. There were two (2) Mayor's Awards and it was for two young Eagle Scouts: Donald Reese and Paul Zuros. During this award, the Mayor thanked parents who get involved with their children. He also thanked Scout leaders for being involved with the community as well as the scout troops. Mayor Miller asked that each Eagle Scout comment on what they did to receive their awards. Donald Reese explained that he inventoried, categorized, and stored Historical negatives from the Weirton Steel Bulletin Collection. He did this through the Weirton Area Museum Culture Center. He inventoried them according to the negative number and then put them into acid-free negative slides and that was to restore them and keeping them here for future generations. The older negatives from the 30's and 40's show some deterioration. Paul Reese wanted to do something that would benefit himself as well as the community, so he built an information board, on the Weirton Bike Trail, which is close to the Pennsylvania border. It is about 8' high and has Plexiglas on both sides, and is located on the Panhandle Trail. This board will have information on both sides for upcoming events or any information that would be informative. He landscaped the area, as it was very rocky so they planted grass and placed benches there. It seems to be working out well as it is being used all the time. COMMUNICATIONS The Weirton Chamber of Commerce and the City of Weirton are working with residents and businesses and all volunteers within the community to go with Weirton Pride Week, which started September 12, 2005. Councilman Kondik has been out with his sleeves rolled up out on Cove Road. Everyone has pledged his or her support in cleaning up the City. This Administration is going to try to do this twice each year, in April and in September. Councilman Kondik thanked especially Mr. Greco, Dan Marino, Dave Gouch, Dan Wilson, and John Newbrough, who were a part of his committee. The Downtown Rotary spent three-hours on Cove Road. Councilman J. Miller commended the Weir High Band did Virginia Avenue, on the left hand side; you can see the sidewalk now. They had 25 kids, between the ages of 13 and 17 that volunteered their time to do this. Mr. Ciphers ran the weed-whacker the whole time and didn't complain at all. Hancock County will have their fair this coming weekend at Thomason Run. United Way had their banquet Tuesday, September 13, 2005, 6:30 p.m., at the Knights of Columbus. Councilman Kondik questioned the issue that was discussed the previous week, about who owned the old Cove School and if that could be cleared up? Mr. Yeager commented that they do not have a deed. The only two ways of owning or conveying property is by will or by deed. He was asked if that was obtained? There was apparently a Resolution by the School Board to give the City that property to the City, but there is no deed in existence. Which means that the School Board did not do what they said they were going to do. Mr. Kondik asked if there were plans to meet with the Board to find out if they were going to give us the school or if we want the school? Mayor Miller interjected that they were working on that aspect, right now, because of the insurance. The City has been paying liability and the insurance company told the City, "That if it is in our possession the City would have to build a fence around it and put up lighting around it, which would be around $75,000 worth of time and equipment for a piece of property that the City does not own". So they are hoping to resolve this issue this coming weekend. Councilman H. Miller made a comment hoping that everyone noticed that the streets are being paved. This project is supported by the Service Fee, which was enacted last year. The Council promised that all the funds would be used for this paving project. He asked Brae Bryant to verify that over 41 streets were being done? He mentioned that there were residents that had not had their streets paved in over 40 years, and they were sure happy. The State is also doing Culler Road and many other state roads. CITIZEN'S REMARKS George Village, 217 Columbus Road - He is a lifetime resident of Weirton and was a 2004 candidate for Hancock County Sheriff. Shortly after losing that election, he had the opportunity to address the Planning Commission because there was a question about two (2) zoning areas: Three Springs Drive and Freedom Way, for possible table gaming, if it was passed. Back in June, Reverend Rhodes addressed the Council about the increase of crime in Weirton. A Task Force was supposed to be put together, but he had been working on the following survey and presenting the results to Council. He wanted to use a comparison and, therefore, used and Eastern City that had gambling, which would be Atlantic City. He started off at 1976, before there was gambling, and they passed it in 1978. Back in 1976 there was about 1500 larceny thefts, before there was any gaming. The first casino opened in 1078 and there were 12 of them by 1989. Figuring between 1989 and 1992 there were 425 police officers and the larceny and theft skyrockets from there. From 1976, the simple assaults skyrockets right up above 1,000, and stayed close to burglary through that time. It is coming down now, but the only reason it is coming down because for 40, 397 people they have 412 police officers. He had an interesting statistic, in case it ever comes our way: In 1990, it was a peak year for larceny, and of those larceny thefts, 375 of those were done by strong armed robberies, 130 done by guns, 81 done by knives, and 76 by another weapons. There were 165 assaults on police officers in Atlantic City. The peak year for robbery, in Atlantic City was in 1981 and they had a total of 358 police, and 99 of them were assaulted and 1 was killed. There were 404 strong armed assaults, 179 done with a gun, 129 with a knife, and 71 done with another weapon, and it only took 3-years for crime to build up, after they legalized the gaming. Mr. Village compared our city with a town similar in demographics, which was Ashtabula, OH. In 2000 they had 0 rapes, 1 robbery, 3 aggregated assault, 2 burglaries, and 7 larceny thefts. They had 35 police officers. In Weirton, we had 2 rapes, 7 robberies, 13 aggravated assaults, 75 burglaries, and 251 larceny thefts. Ashtabula is going through hard times like us with Rockwell Brakes and Union Carbide shut down, and they don't have slots café's, but we do. If that Legislature brings in table gaming, this is the end result: organized crime, prostitution, and drugs, and that brings more robbery assault, burglary, and larceny theft which requires more police, larger jails, over-crowded courts, and gambling addiction treatment centers. He ended by saying that he doesn't think that this city needs to worry as there is a good police force and Chief Scott is doing an excellent job. A few years ago he found his father unconscious and his sister called an ambulance, but Vince Gala and Terry Brown showed up before the ambulance did. They go above and beyond the call of duty. Mr. Village donated several hundred dollars worth of forensic equipment to the police department. Councilman Moore asked Mr. Village if the Ashtabula numbers were from 2002, and then asked when the City got slots. Mr. Village responded that slots were already here in 2002; they had just started that year. There were about 25-30 then and now there is over 100, and he doesn't have the latest figures from the FBI. Malone Lyn, Country Club Estates - Malone wanted to talk man to man on behalf of all those interested in skateboarding. He did not understand the problem with skateboarding and why they were not allowed to use Cove Commons or any other city facility to ride their skateboards. Mayor Miller explained that when they are skateboarding on public property, there is a resulting liability issue in the event that anyone was hurt. He continued that there are individuals who are pursuing finding a location for them to skateboard. They are not trying to suppress skateboarding, but if someone would get out on Cove Road, God forbid, get killed; the liability would fall on the City. It would cost approximately $10,000 for liability insurance, and if they do that it will have to be an action of the Council. Mayor Miller is asking for a list of names, addresses, and those interested in skateboarding so that they can go ahead and have private meeting and work out some kind of arrangement and area where they can skateboard. He knows of at least 60 different skateboarders on Marland Heights, downtown, and Weirton Heights, so if they can get a summation of all individuals' interest in skateboarding, then they are planning on doing something for them, perhaps, next year. Malone asked what they do in the mean time? Where do they skateboard while meetings are going on? He sees backyard football games going on all over the City and he has never seen them get kicked out by a police officer, but they are making them leave any area that they are on skateboards. Mayor Miller responded by commenting about the destruction of property that has occurred at Cove Commons and the Community Center. The hand railings and the stairs have been damaged while they were using them for their skateboard ramps. He feels skateboarding is more dangerous not only for them but for the individuals that they may run into. They are willing to get together and find an area where they can have a nice facility for them. Until such point in time, if you want to skateboard, do so on your own property. Councilman DeMasis mentioned the possibility of using a basketball court and if that would work for them? Malone said they could fix whatever they need to skateboard. Councilman H. Miller asked is Malone would be willing to wear a helmet and other safety equipment? Malone said, "Probably not!" Councilman H. Miller explained that that was part of the liability issue, or part of the problem. Malone felt that he was less likely to get hurt because he is so concentrated on what he was doing, than when he was playing sports. He also agreed that the professionals wore the safely equipment, but that the street skateboards seldom do. As the Councilman pointed out, it is still a problem when it comes to liability insurance. Janice Hinerman, 438 Swearingen Road - Her son is an employee at Brooke-Hancock County Sheltered Workshop. Her issue is with the Municipal Service Fee which she feels is unfairly imposed upon the community's sons and daughters working for the Brooke-Hancock County Opportunity Center. Ms. Hinerman's son only works 2 days per week, which includes 1 day in the laundry at minimum wage and another day doing arts and crafts or working piece rate. Piece rate is counting, sorting, and packing items and it pays only $1.70 or less per hour. He only gets paid for the hours that he actually worked. When his checks got smaller she thought a mistake was made. After checking with the workshop, they advised her that they were required after 30 days of employment, to start deducting the $2 Municipal Fee from his check. She was informed that there was nothing that could be done about it, and she disagreed, because there had been some paychecks that the fee was more than his take-home pay. Her concern is that by the time State Tax and Social Security is taken from his check that he won't have enough to pay this Municipal Fee and will have to start taking it out of his Social Security check, and will end up having to take him out of the workshop. She doesn't feel that the Council did their job by investigating wages before passing this into law. There was much discussion on this matter. Mayor Miller had gone over this issue with the Hancock County Sheltered Workshop and at the same time spoke with the City Attorney about this and the way this Ordinance is written, there is no fair way to sort out. Mr. Yeager then explained that when he was preparing this Ordinance, he didn't see any other statutes or ordinances, in other cities that took this into account. He said that the Mayor is right in that there is no single person who is going to say it is fair to them to pay this. When it was introduced it was another $2 a week out of everyone's pay. No one likes it! The problem with making exceptions is: "Where do you stop?" Mr. Yeager continued if they should tax the paperboy, who may make only $5 a week, or the mother with her children to support. It doesn't seem fair to anyone. Mrs. Hinerman asked why this couldn't be based on a percentage of what a person makes? Councilman Moore responded that the Council did look at that specific issue, but the West Virginia Code is specific in that, if it were according to a percentage it would be considered a State Tax, whereby a fee is a flat rate for everyone. This was something that they wanted to do, but the State Code handcuffed them into having to make it a flat fee for everyone. They don't allow any deviations to this. It was the same way with the Fire and Police Service Fee; it had to be a flat fee. Was it fair!!! Is it fair to have the same fee on $1M home as it is on a $20,000 home? The Councilman agreed that it was not, but the West Virginia State Code regulates what they can do and they have no other option. Councilman Kondik commented that even though he agrees with what has been said nothing has been done for Mrs. Hinerman's son. And if there is a burden on her son, he would be more than happy to sponsor the $104 a year. Health Ways Representative - She thanked Councilman Kondik for his generosity. She believes that Mrs. Hinerman was speaking on behalf of everyone, not just her son that works at the Hancock County Workshop. Basically the issue is, that by the time the $2 a week levy is paid, even though they have a Social Security check which pays the rent, utilities, and buys some groceries, their check is almost gone. It may seem like a small check to the people on the Council, but when a check for $20 or $30 they use it for luxuries. At Health Ways they believe that the $2 a week does place a financial hardship on people at or below poverty level. They would like Council to completely review the impact that this has on people who use their Social Security check to get by on. You are levying a tax against people who are working in a workshop that is supported by a special tax levy. These are questions that Mrs. Hinerman simple wanted Council to consider. So Mrs. Hinerman came not just on behalf of her son, but also for everyone at the workshop. Councilman H. Miller reminded everyone that this is not a tax it is a Service Fee. Because we are a local government, we hear about those that are impacted in our community and driven by the State of West Virginia. One thing he has learned is that the State mandates that they do certain things, but every time he talks to a State Senator or the House of Delegates, they never seem to hear from the residents as much as the Council does, because they are close. So some of the things that they do are mandated by the State of West Virginia and he thinks what they need also to talk to the House of Delegates, the Senators and get a hold of the Governors office and voice their situation to them. Jeremy Davis, 443 Thompson Avenue, East Liverpool - He lives there but spends most of his time in Weirton, as his office is located here. With the events of what has gone on with the Katrina victims, his wife and business partners have been trying to figure out some way of helping those victims. They can't take in people into their homes nor any more animals so what can they do. They have come up with donating change; just change, but if they want to give more that is fine, but they want to raise a ton of change for each parish that has been affected. He has set up a website called "www.adoptaparish.org", and that will be used for the donations. They are asking the Commission to do a marathon event, and for each day that he plays (he is a disc jockey), they will take donations in the name of one parish. They did this last year and it was very successful with "Make a Wish Foundation". It is the most original idea, but it is something that we can do, because things are starting to cool off and he doesn't want people down there just forgotten. Councilman J. Miller asked what Council could do? Mr. Davis just wants their blessing on it as he doesn't want to do anything in the City of Weirton, without asking permission, especially in a marathon event like they did last year. So he just wants their support. Councilman H. Miller commented that Mr. Davis has been very generous to the City of Weirton. The last few years he has donated his time to serve as the DJ at their festival. Mr. Davis approached him about this fund raiser, and in a couple of days it will be fresh in our minds what happened here last year, especially in his ward in Kings Creek with the devastation that they had. He cannot imagine how bad it is in that area. This has to do with adopting other communities other than New Orleans that is getting all the attention. There are other smaller communities that are really in need. He thinks Mr. Davis' idea of being DJ for an extended period of time. Councilman Miller is going to support him, personally on his business side, and they are going to try and rally some sponsorship and are hoping for support from the City. Discussion took place on what permits and other necessities would have to be taken care of to proceed with this event. Mr. Davis said there is going to be one (1) main location, but did not specify where. Jodie Kraina, - She was really proud of Malone, because he wanted to come and speak on behalf of all the skateboarders, and some were in the room that evening. She wanted to share with everyone that they are working on very aggressive plan to get a skate park built for them. They do have currently, $350,000 committed for the project, and this is a firm commitment. This is for the Skate Park, and the insurance is already covered for it for the first 6-years; that is the liability insurance. She now wants to speak on item # 10, and asked any of the pastors that were present to stand with her on this. They each want to address their Councilman, and Ms. Kraina wants to address her Councilman George Kondik. When this Ordinance or Resolution comes to pass to ban, restrict, or whatever it is going to take to limit any more LVL's or slots. We are really stressing that our Councilman from every district will support the Mayor in this endeavor. She thinks that the gambling industry and those that are supported by it have had enough. Stacie Muhart, 3728 Marlamont Way - She has had a meeting with the County Commissioner, Dan Greathouse, some time ago and he advised her to go before Council and to let them know that the county was in favor of this project and would help with funding. Ms. Muhart agreed with Councilman J. Miller, on the use of protective gear, but only if the individuals want to use the equipment. Ms. Muhart has come before the Council to proceed with taking steps to get this project under way so that they would be ready for these young people to have a place to skateboard by spring. She also had petitions that were signed, that very day, from individuals interested in the project at Weir Memorial Park and handed them to the Mayor. (Mayor Miller and the Councilmen also signed the petition) She is requesting that a committee be formed to get things going. Mayor Miller said that they could possibly schedule a meeting the following week, and have Councilmembers at the meeting. Mayor Miller said that Terry Weigel, Director of Parks and Recreation, would also have to be a part of this. Bob Mazeroski, 105 Guy Street, Pastor - He wanted first, to introduce himself, because he is a fairly new resident of Weirton. He is the pastor at New Life Worship Center, which is relocating to the building on Penco Road, beside Goodwill. Pastor mainly wanted to convey the churches desire to work with the City to make a positive impact on the community, as are many other churches. They are kingdom minded, not just one church minded. He looks forward to having a good and positive working relationship with the City. Having said all that, some of the skateboarders are in his church, and they are good kids. Mayor Miller laughingly commented that the church had a nice big parking lot!!! He isn't there to preach or to dwell on the gambling, he is there as someone who came out of the career of gambling, prior to being called into the ministry. He was a professional race horse trainer and driver, based at The Meadows, in Pennsylvania, and traveled all over the country. One year he had the No. 1 horse in the world, Sulky Harness Horses, and had a nice career. He has seen first hand the effects of even that type of gambling. He has seen first hand and know personally, numerous families that were devastated and ruined as a result of that, so he is passionate against all of that, from that aspect, not to mention my role as pastor. So he is there to encourage Council to support the Article 10, which was mentioned earlier. He believes it is the right thing, and he believes that God always honors the right thing. Even though he is not a native of Weirton, he is a native of Cadiz, OH; he doesn't believe that Weirton has to depend on something like that to become the Weirton of yester year. He believes that God has something in store for Weirton that brings back the hard working ethics that makes everyone proud of the city and proud of what we do, and that is what God honors and He will never change that. And, again, from first hand experience and knowledge, he knows that the only winners in such endeavors are the owners. In the racehorse business, the tracks stay open because the tracks make the money. Establishments stay open because they make the money, and even though there are a few winners in the public, ultimately, everyone loses. He doesn't have all the fancy statistics, but again, he knows first hand and that is where his heart is coming from. He wants to reinforce that and encourage everyone that Weirton will rise again if its efforts to do so are wholesome, honest, and the integrity and ethics are in place, and trust that that is what is going to happen. That is why he is there and why they, the Council are there, and he believes that the right things will be done in going forward and he looks forward to working with them. Steve Powell, 109 Judi Drive - He has 3 issues to bring before them. He knows the position that Council is in as he sat in that same position a few years ago, across the river. In the last month there has been an increase in vandalism in their neighborhood. Last Friday, after 2 o'clock, someone actually broke into his home. Luckily, they climbed out of a window and dropped one of his wife's diamond rings and they found it and it was the only thing missing. But he wants to commend the police department; they have been fantastic in answering our pleas when we have a problem or situation. He believes they have a problem in that area. Last Monday, early in the morning, someone went through the neighborhood and took out dozens of mailboxes and in the process backed into a pillar going up to his driveway. They literally knocked the pillar out of the foot and a half concrete footer. He wants to petition the Council or Councilman to see if there is a possibility of increased patrolling in their area. Another incident was Sunday morning; they woke up to eggs in their driveways and eggs on their vehicles. He went through the neighborhood and saw at least, 20 or 30 vehicles that were hit. There were also eggs all over the ground. He is a firm believer in taking care of what they have been blessed with and there are some people who don't feel the same way. They want to desecrate things that other people have. He is asking advisement on what procedure to take and even the possibility of a Neighborhood Watch to function within that area. Mayor Miller asked the Chief of Police, Lance Scott, to speak on those issues. Chief Scott commented that they have had numerous complaints in various areas throughout the City. Councilman Dalrymple spoke on the Neighborhood Watch program last Council meeting. The department is handling 700 calls per month and the officers are always doing something, so he would encourage Mr. Powell to speak to his neighbors and everyone to participate in observing what is going on in the neighborhood. If they hear something out of the ordinary, call them. It doesn't matter what it is. Even if they hear a vehicle idling 5 minutes to long, call them. If you hear voices at 2:30 a.m., call them. They need assistance to help them. They need everyone's assistance in order to apprehend these individuals. So look out your windows and get all the information that can be observed. Most of the time they do catch the individuals that are responsible, but it has been because someone has looked out their window and saw something that helped them to. They may see the person (s) responsible, the vehicle description, or the license number. They don't have to catch them in the act, but they do need to catch them leaving the area with some indication that they are doing something. The thing he needs to get across to people is, when that cruiser shows up, the individuals hide because they can see the officer coming from a long distance away, so they need the citizens to help with as much information as possible. Mr. Powell knows that the police department is very busy, but there are times that they may feel like they are being inconvenienced, but he believes that this is going to escalate into something larger. He also told Chief Scott that, when the police got to his house the perpetrator was still in his upstairs. He has a wife and a 7-year-old daughter, and his family is his concern. Councilman Dalrymple gave Mr. Powell his card, so that he may be contacted about the Community Watch Program, because it is not just for Ward VI, but also for the whole community. They are still getting the kinks worked out of it, but it is all about paying attention to what is going on around you. Reporting everything no matter how insignificant you may think it is. He has been concerned about what has been going on in the community, hopes that the parents wake up an find out what their kids are going and why they are buying 10 dozen eggs or why they are walking around with a case of spray paint. It boggles his mind that some of the parents have their heads in the sand about what their children are doing. It really needs to change. People need to wake up and pay attention to what is going on in the community and what their children are doing. The Community Watch Program is very basic because what it is doing is trying to get people involved. Another issue is Judi Drive has become a thoroughfare, as far as people hitting the corner and jamming on the gas at 60 miles an hour. Again, Mayor Miller referred to Chief Scott. Mr. Powell mentioned to Chief Scott that they have a lot of small children on their street and the last few years it has become a problem. (There was no comment) In closing, Mr. Powell commended Mayor Miller for initiating the action in regards to the gambling situation. He had a personal friend whom he grew up with that was bound by the gambling addiction. This friend has been missing for a year now, and nobody knows where he is. Rik Rekowski, Mary H. Weir Public Library - Mr. Rekowski thanked the Mayor for the Proclamation recognizing September as Literacy Month. He would also like to thank the Council for the Library, and on behalf of the literacy council and the volunteers. They have an adult literacy council of volunteers: President, Diane Stankiewicz; Vice President, Becky Carlisle; Treasurer, Ed Giacchino; Secretary, Denise May, and these individuals are all volunteers who work, in the community, with adults who want to teach and train other adults reading and writing skills. He handed Council a folder with information about the program. Pam Makrickosta, 3445 Orchard Street - Pam lives and works downtown and she wanted to voice her opinion on Issue #10. She has spoken to her Councilman and does support the limiting of the gambling in our city. Renee Lemal, 3521 Lindberg Way - She is a native of Weirton and lives on Marland Heights. Her children have always liked the traditional sports until a couple of years ago when her son decided to do the extreme--skateboarding!!! At first she didn't like it but it is a good sport. They are very talented group of boys. Her son's are good, they gets good grades, her son is working on an Eagle Scout project, and they do go to church. Her concern is that they do need a place for them to skateboard. There is a place for the football players; there are basketball courts, and soccer so we do need a place for them. They need a safe place; not some place hidden in the woods, but a place that is out in the open, so that police can drive by, observe, and monitor what is taking place. The skate parks are really beautiful too. Mrs. Lemal said that there is one park in Kettering that is beautiful. (Councilman Kondik knows of it) She said that it has cement steps for them, as they are street skaters, so they like… (There was discussion about the park in Kettering) Craig Greathouse, 241 Miami Avenue - He would like to encourage the Council to support the Mayor's Ordinance in banning the new Limited Video Lottery, he thinks it is a little late. Some churches and some schools in the community already have these places too close to our children, and those who are trying to worship the Lord. But he does applaud the Mayor in producing and asking for this Ordinance. He also has two statements to make: He is a member of the Weirton Ministerial Association, and he gets to hear a lot about what is going on, and he sees the spiritual environment of the community has changed drastically. The numbers that Mr. Village gave about the criminal element that is going on and increasing, and Chief Scott saying that the department gets 700 calls per month. That is incredible to him! His encouragement to Council is this: As ministers of the Gospel, many times we are there for you to celebrate weddings, with family and loved one, we are there to comfort you when you have the loss of a loved one, we are there to encourage you and we are there to preach the Word of God. But we are there for another reason: That is to be someone who is looking out for the spiritual atmosphere over this City. We are Watchmen on the Walls, according to the Word of God. The Bible says to, "Pray for those who are in authority over you", and many time that he does, but there are many times that he neglects to do that, and he know that their job is not an easy one. There are people on the business side, trying to encourage you to bring money and the tax dollars into the community, but I he wants to encourage them both as a minister and as a Christian to be concerned about the spiritual atmosphere and environment over the City as well. Mayor Miller announced that they have established a date for the City of Weirton's Trick or Treat Observance - Monday, October 31, 2005, from 6:00 p.m. until 8:00 p.m. OLD BUSINESS Second Reading of Ordinance No. 1454. 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 DeMasis and second by Councilman J. Miller to accept this Ordinance. The motion was carried unanimously. Second Reading of Ordinance No. 1455. Ordinance to replace Article V, Part 1, Section 505.11, of the Code of Ordinances of the City of Weirton, WV. Pulled - it has to be revised NEW BUSINESS Ordinance Establishing and Fixing Rates, Fees and Charges of the Nunicipal Waterworks System of the City of Weirton, WV. It was moved by Councilman Veltri and second by Councilman H. Miller to accept this Ordinance. Coouncilman Moore commented on why this is being done; why the increase in fees and rates for the water and sewage. There is three (3) projects being encompassed: First, the replacement of the Bellview tank and the ability to service debt on that new tank. It is 70 years old and has reached the end of its functional life. The new tank will increase water pressure vastly on the hill, as well as, fire protection for the residents on Weirton Heights, where the majority of new residences are being built. Second, to raise money to reach a 45% match for a nearly $2.4M grant, that will allow the City to upgrade to meet the new Federal Standards for disinfections in their byproducts. This is money that is sitting out there for something that has to be done, as it is a federally mandated program. Congressman Mollohan has been able to acquire this money for the City, and we need 45% to access that money. Third, which is a sanitary item and it is the development of a new system called the ATAD system. It will eliminate the City having to pay to haul their Class B sludge to the landfill. It will allow the process to further refine this into product that we will no longer have to pay to dispose of this sludge. The breakeven point for this project is from 5 to 7 years. And it is also ecologically friendly as it can be recycled and reused. The motion was carried unanimously. Ordinance Establishing and Fixing Rates, Fees and Charges of the Municipal Sanitary Board of the City of Weirton. It was moved by Councilman Moore and second by Councilman Veltri to accept this Ordinance. The motion was carried unanimously. Resolution Authorizing Revisions to the 2005-06 General Fund and Coal Severance Budgets. It was moved by Councilman J. Miller and second by Councilman Dalrymple The motion was carried unanimously. Resolution to Enter into Contract for Audit Services for the Cit of Weirton. It was moved by Councilman Dalrymple and second by Councilman DeMasis to accept this Resolution. The motion was carried with 1 abstention by Councilman Kondik. (Dan Wilson does the auditing for the company for which he is employed.) Resolution to Enter into Contract for GASB 34 Accounting Services. It was moved by Councilman J. Miller and second by Councilman H. Miller to accept this Resolution. The motion was carried unanimously. Ordinance Amending Ordinance No. 1313 as Amended Establishing the Salaries of Municipal Employees of the Various Departments within the City of Weirton General Fund. It was moved by Councilman Veltri and second by Councilman Kondik to accept this Ordinance. Councilman Moore asked how long it has been since the employees had a raise? Ms. Means commented that it had not been since 7/1/01. The motion was carried unanimously. Resolution Authorizing Payment of Dues for National League of Cities Membership. It was moved by Councilman Moore and second by Councilman Dalrymple to accept this Resolution. Councilman Kondik asked if it could be changed to a 1-year membership. Councilman Moore commented that it didn't say anything about how long the membership was. Councilman Kondik made a motion to amend and add that it would be made a 1-year commitment and Councilman Moore second this motion. This Resolution passed with a 5-2 vote. Councilman DeMasis and Councilman Veltri were the opposing votes. Mayor Miller called for a vote on the original Resolution as amended. This Resolution carried as amended with a 5-2 vote. Councilman DeMasis and Councilman Veltri were the opposing 2 votes. Resolution to Authorize Inspection of Storm Sewers Behind Weirton Municipal Plaza and Area on Main Street Between Heaslett Avenue and Freedom Way. It was moved by Councilman H. Miller and second by Councilman Moore to accept this Resolution. Councilman Moore had a comment about on this Resolution. As part of the EDA Project have an inspection of the sewers behind Weirton Municipal Plaza. Wahl's the company has been contact and will be here in an attempt to find out, with the help of their cameras, find out what the problem is with Main Street and Freedom Way, that causes them to continue to accumulate water. Rather than bringing them in twice, we are continuing to negotiate with the State to see who is going to pay for this. While the water continues to rise, we decided that we would piggyback on our contract and do it ourselves. This motion carried with a 6-1 vote. Councilman DeMasis had the opposing vote. Resolution Authorizing Application and Acceptance for the West Virginia Legislative Digest Funds. It was moved by Councilman Dalrymple and second by Councilman Veltri to accept this Resolution. Councilman Kondik moved to amend the Resolution by omitting the paragraph: Whereas these funds will be used by Weirton Museum Association for feasibility study, an office, maintenance, dues, insurance, travel expenses, advertising, and storage building on the City of Weirton. In the next paragraph: Change "Fifteen Thousand Dollars" to "Two Thousand Five Hundred Dollars". Councilman Kondik made the amendment and second by Councilman Moore to accept the amendment. It was unanimously carried. The motion was carried unanimously to accept the Resolution as amended. Ordinance Banning New Limited Video Lottery Terminals within One Thousand Feet of Any Area of the City Which Carries the Zoning Designation of R-1, R-2, orR-3. Councilman Moore moved to append this Ordinance to a Resolution and send to the Planning Commission, and second by Councilman J. Miller. The Resolution would read: Resolution to Refer Ordinance Relating to the Limited Video Lottery Terminals to the Weirton Planning Commission. Councilman H. Miller had some serious concerns about this Ordinance. First of all, the horse is out of the barn. All Video Lotteries have been let out by the State, does this mean that new machines will become available? Second of all, he thinks they are beginning on a ragged edge of something very sensitive in the community; you're starting by 1,000 feet from residences. The other thing that he wanted to talk about is, that the Resolution was poorly written and should address the fact that schools are allowed to move next door to an LVL and we are trying to restrict visa versa. Councilman H. Miller thinks that the Ordinance should be studied further, and rewritten to protect these children that we are trying to protect, from somebody putting a school right next to an LVL, but an LVL can't go right next to a school or a church. So if a 1,000 feet from residential, you will wipe out the entire community. Those are serious points and I am not going to vote for this particular Ordinance the way it is written. Mayor Miller asked Councilman H. Miller what he proposed that they do? He would like them to do an Ordinance restricting the relocation of schools next to LVL's. The Mayor commented that we were super saturated with LVL's…The Councilman responded that there were no more terminals; they are gone! Mayor Miller stated that there were terminals available! Based on the information that he has, there are 8,167 terminals in use out of the 9,000; those are in inventory; they can be approached, and brought into particular areas. There are supposedly 800 available to go out. He reiterated that they were supersaturated; they had a chance to do that before. Wheeling has done the same thing last week. If you want to pass it fine! It is the Councilmen's call. Councilman Moore commented that it has to go to planning anyway, so they might as well be looking at it. Mr. Yeager expounded on the Councilman's comment that the Ordinance was poorly written and you make objections about the schools, but there is nothing in there about schools. Councilman Miller reiterated on the comment that he made, that they should address that issue. Mr. Yeager responded that he doesn't think that the LVL's need protection from the schools. He had the same objection before, "When a guy that owns an LVL, how is he going to be protected from the churches buying all the property, so that the LVL's couldn't stand?" Councilman H. Miller replied that he wasn't talking about protecting LVL's, he is saying that they are seriously concerned about the welfare of our children, but we did nothing to protect the schools from being placed in the same building with the LVL. Mayor Miller asked how that would be a responsibility of Council, that is mandated by the State. He thinks that they are all loosing sight on this. The State of West Virginia legalized gambling and they are not going to settle this issue at there. He just wants the Resolution to pass and then move on. Councilman Moore understands Councilman's concern, but he thinks that they can work this out, with this going to the Planning Commission. Councilman Dalrymple commented that he would like it to be more than a 1,000 feet! Much discussion was going on between several Councilmen, Mr. Yeager, and the Mayor, but not able to decipher what each was saying. There would be 60 days to and during that period of time these issues can be addressed. It was moved by Councilman Moore and second by Councilman Veltri to accept the Resolution, with the Ordinance appended, to go to the Planning Commission. The motion was carried with a 6-1 vote. Councilman H. Miller was the opposing vote. APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS. Appointment to the Redevelopment Authority Jim McHenry 146 Patterson Road Weirton, WV 26062 It was moved by Councilman Moore and second by Councilman J. Miller. The motion was carried unanimously. ADMINISTRATIVE REPORTS FROM VARIOUS DEPARTMENTS. Police Department, Chief Scott - Nothing to Report. Councilman Kondik thanked Chief Scott for having radar on Bright Way for the last week and a half. Fire Department, Chief Cole - He had to leave Public Works, Brae Bryant - Greenbrier Road is still on schedule for the end of September. The paving is still on going and they are anticipating a mid October for a completion date for all the paving. Councilman Dalrymple asked Mr. Bryant to confirm that this paving program this year is just the beginning of a more comprehensive one that has been put together, and Mr. Bryant did verify that to be correct. There will be more paving next year. John Brown, Superintendent of Streets, asked Mr. Bryant when the Street Sweeper would be operational? Mr. Bryant said that licensing is holding them up. As soon as this is taken care of a schedule will be sent out. He was asked what the time frame was on getting that information? He responded that he was supposed to get the information last week. Mr. Bryant said that they do have a schedule, and once they get the sweeper running, it will be scheduled for the entire city; all 7 wards. Councilman DeMasis asked when some of the streets in Ward IV would be paved? Mr. Bryant responded that his ward was last, but they would be getting to it as the other streets are done. Utilities, Andy Mastrantoni - They are pleased to report that Colliers main lines, that runs along old Colliers Way, within the city limits, the water extension is complete. They have taps that are beginning to be made, and with the restoration of the area, they should be out of there by the end of September. Mr. Mastrantoni thanked Council for their support on the Water and Sewer Rate increases. Inspection and Code Enforcement, Rod Rosnick - Nothing to Report, but wants for the record, that the UDO is now in effect as of this morning. Councilman Dalrymple asked if they have gone out after the signs that are littering the community? Mr. Rosnick said that they did a sign sweep that morning as part of the clean up. Library, Rik Rekowski - already gave his report. Parks and Recreation, Terry Wiegel - Terry has been off sick. Councilman Dalrymple had spoken to him about the playground equipment for his ward, and it is in and will be installed shortly. Finance Department, Valerie Means - Gave the Treasurer's Cash Report for General Funds, and presented the bills to be paid for September 2005. It was moved by Councilman Kondik and second by Councilman Veltri to pay the bills. The motion carried unanimously Department Head Reports were accepted unanimously. Prayer Adjourment
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