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WEIRTON CITY COUNCIL MEETING September 13, 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, September 13, 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, Brae Bryant, Rod Rosnick, Terry Weigel, and Karen Orler. It was moved by Councilman Kondik and seconded by Councilman Miller to approve the minutes from the regular session of Council held on August 9, 2004, and the special session of Council held on August 31; this passed unanimously. Mayor Miller congratulated the Weir High baseball team for winning the State championship and gave them a plaque. Mayor Miller and Chief Cole gave awards to Ron Riter, Levi Anderson, and Kevin Williamson for their heroism in rescuing Dave Lashhorn while fighting a house fire in Oakland District. Mayor Miller advised that the Sheriff of Hancock County had written a letter of commendation to the Weirton Police Department for their assistance in apprehending a subject. Mayor Miller proclaimed September 12 as Grandparents Day. The week of September 12 was also proclaimed as Assisted Living Week. Mayor also proclaimed the month of September as Literacy Month for Hancock and Brooke Counties. Mayor Miller advised that due to the recent heavy rains that flooded basements, citizens with damaged materials can call for an emergency pick up and can leave the items outside. He commended the Police, Fire, Public Works, Water, and Sanitary workers on their efforts during this emergency. Councilman Miller talked about the recent heavy rains; he hoped that the newspaper would continue to print the emergency phone numbers for the citizens to use. Jennifer Price, 327 New York Blvd.: Ms. Price advised that she had recently moved back into Weirton, feeling that this would be a good place to raise her children. She talked about the teenagers in her area who ride down the street with loud music and using cell phones. She brought up walking down the street to find Police talking together. She advised that recently she had two incidents where she had found needles at the end of her driveway. When Officer Dave Haught responded to the first call, he took the needle and advised her that the drug unit would be made aware of this. On the second occurrence, Officer Terry DiBacco responded; Ms. Price advised that he lectured her stating that it is her responsibility to teach her children not to touch these items. She also talked about the gambling establishments. She talked about possibly making a playground from some of the income from these places. Mayor Miller responded that no city is drug free. He felt that the Police Department is doing as much as they can on this issue. He requested that she meet with Chief Scott about this problem. Mayor Miller also advised that they are trying to get some recreation in each of the wards. Robert Tate, Denise Dr.: Mr. Tate from the Ministerial Association expressed his concerns over some of the comments from Councilman Moore. He felt the Councilman spoke negatively about the ministers for supporting a resolution that he called a sham and a lie. Mr. Tate felt Councilman Moore was basing this on his assumptions; he felt their integrity was being questioned. The Ministerial Association took exception to the Councilman's remarks. Councilman Moore responded that on June 7 he replied directly to Pastor Grey in response to a letter published in the Weirton Daily Times; this was not a broadbased response. He responded to the comment that he and other councilmembers were under the influence of the LVL owners. His comments about the clergy supporting a resolution citing alcohol problems in Weirton concerned him. John Jackson, 218 St. Johns Way: Mr. Jackson had prepared a statement, which was read by Jody Kraina. Mr. Jackson stated that he was concerned over what he felt were attacks on clergy. He felt that the debate should not be about personalities but about the issues. Jody Kraina, Palisades Dr.: Ms. Kraina advised that she was a representative of RAGE, Residents Against Gambling Establishments. She talked about the drug problems and alcohol problems in the area. She also brought up the public hearing on the TIF district; she felt that the explanations to the questions asked by the public at this meeting were not clear. She felt that TIF would only be a way to get a big gaming establishment on Three Springs Drive. She talked about a moratorium on granting liquor and gaming licenses for six months; give them a chance to form a group of citizens, and they will bring in businesses and jobs. Councilman Moore advised that he had studied TIF in Pennsylvania; he advised that this is a way to get money for infrastructure improvements. Ms. Kraina brought up some statements that Councilman Moore had made after the TIF public hearing as he was going into the ad hoc meeting on an entertainment area; his statements had dealt with a gaming area. Howard Weinberg, 117 Sherwood: Mr. Weinberg talked about the ad hoc entertainment area meeting; he questioned why one person who had questions was told to be quiet, while there were two people seated at the table that no one knew. Councilman Moore advised that they were representatives of the Planning Commission. He advised this was not really open for citizens comments. The composition of this was set by John Koval. This was not an official voting meeting. Mr. Weinberg requested that the minutes be made available within four days of the meeting. Mayor Miller believed the minutes were done. Mr. Weinberg also complained about speeding on Pennsylvania Avenue. He advised that he observes this when he walks his dog along Pennsylvania Avenue at 6:30 a.m. He requested that the Police check this. He also brought up that sanitation trucks used to go down the alley between Sherwood and Kathleen to pick up garbage. Now the residents must drag their cans to the front of their property. He advised that they were told this was necessary because the trucks were tearing up the alley; he felt this alley has been in bad shape for years. Mr. Weinberg found that Councilman Veltri started this program; he felt the residents could have been consulted. Mr. Weinberg advised that he had done a petition on this issue. Mr. DuFour advised that he had received the petition; staff has also looked at the possibility of using another truck. He also advised that no resident who was having trouble moving their trash cans had called for assistance that had been offered by the City. Councilman Veltri talked about the alley being paved approximately ten years ago. He also believed that 25 years ago the residents put their trash cans in front of their residences. Mr. Weinberg advised that a crew had started filling in the holes in the alley; however, they had been called off the job to work at the stadium. Mayor Miller talked about the speeding problems in the City; he advised that the Police Department is using radar; over 60 speeding tickets have been issued. Roger Madden, 125 Circle Dr.: Mr. Madden voiced his agreement about the speeding problems. In reference to TIF, he advised that he had spoken to the person in charge of TIF in Charleston, who advised him that the City was not under any time constraints. He also felt that all citizens should have the opportunity to speak on the TIF issue. Mayor advised that at the TIF public hearing he had asked for more comments; however, it seemed that the comments that were forthcoming centered around the LVL issue. The City is just at the stage of becoming a TIF district; this is just the first move. Mr. Madden felt that the Mayor had diverted the questions to Bob Riccelli and to Mr. Hooper from Jackson & Kelly. The Mayor agreed, since these gentlemen had the most knowledge on this subject. Mr. Madden advised that if the resolution for the TIF district passes that there will have to be another public hearing. He felt that the administration should go to the voters to make sure that they understand this issue. He felt it will be up to the citizens as to what goes into the district. He asked why the state representatives have never been to Council on this. Councilman Miller brought up the background conversations going on in the audience during this meeting, and having some respect for those addressing Council. He talked about the problems that this Council inherited, such as the Weirton Steel bankruptcy and LVLs. In reference to the state representatives, he did not believe that anyone had called them. He also pointed out some of the positive things going on in the community. Mike Clayton, Clayton's Garage: Mr. Clayton addressed Council about a large towing bill for bills towed and stored at the Police Department's request for which he was never paid. He advised that the bill was over $10,000. He had tried to talk to the Chief; he said he was ignored. He also tried to talk to the City Manager with no success. Mr. Yeager advised that this was not the City's debt; he suggested that the vehicles be sold. Mr. Clayton advised that the Police had told him not to release the cars. Mayor Miller suggested that Mr. Clayton have his attorney contact the City Attorney. Mr. Yeager advised that a letter was received from Mr. Clayton's attorney which was very offensive to the Police Department. Mayor Miller submitted the name of Dolores Ostrander of 3744 Main St. for appointment as City Clerk. It was moved by Councilman DeMasis and seconded by Councilman Veltri to approve this appointment; this passed unanimously. Second Reading of Ordinance No. 1425-Adoption of State Law: It was moved by Councilman Moore and seconded by Councilman DeMasis to approve adoption of West Virginia State Code Chapter 17A, 17B, 17C, and 17D; this passed unanimously. Emergency Reading-Ordinance Providing for Certain Distances Between Establishments Holding Limited Video Lottery Licenses and Schools and Churches: It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this on emergency reading. Mr. Kondik asked Mr. Yeager to explain this; Mr. Yeager advised that this Ordinance was to protect school children and worshipers from the proliferation of these establishments. It is felt that this is a problem for public safety and morals. Councilman Moore advised that this would be defensible in court. A roll call vote was held; results were as follows: Councilman Dorich: Yes Councilman Miller: Yes Councilman Moore: Yes Councilman DeMasis: Yes Councilman Kondik: Yes Councilman Dalrymple: Yes Councilman Veltri: Abstained The Ordinance passed at emergency reading on a vote of 6-0 with 1 abstention. First Reading-Ordinance Providing for Certain Distances Between Establishments Holding Limited Video Lottery Licenses and Schools and Churches: Mr. Yeager advised that this Ordinance deals with zoning. This would be a more permanent fix to the problem. It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this Ordinance at first reading. A roll call vote was held; results were as follows: Councilman Dorich: Yes Councilman Miller: Yes Councilman Moore: Yes Councilman DeMasis: Yes Councilman Kondik: Yes Councilman Dalrymple: Yes Councilman Veltri: Abstained This Ordinance passed at first reading on a vote of 6-0 with 1 abstention. Resolution Creating a Moratorium on Issuance of Zoning or Building Permits or Business Licenses to Businesses or Persons Seeking to Open Limited Video Lottery Establishments Closer Than 1,000 Feet to a Church or School: Mr. Yeager advised that licenses and zoning permits would be kept from being issued during the period; this would not affect existing places. It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this resolution. A roll call vote was held; results were as follows: Councilman Dorich: Yes Councilman Miller: Yes Councilman Moore: Yes Councilman DeMasis: Yes Councilman Kondik: Yes Councilman Dalrymple: Yes Councilman Veltri: Abstained This Resolution passed on a 6-0 vote with 1 abstention. Mr. Veltri advised that he is abstaining from these votes since he is a license holder. Resolution to Request of the WV State Legislature to Define the Intent and Until Such is Defined Institute a Moratorium on Sale of Limited Video Lottery Licenses, Per WV C29-22B-101: It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve this Resolution. Councilman Dalrymple advised that a month ago he had put forth a similar Resolution, which was not passed because they felt it was too harsh. He felt this Resolution was bland but he would support it. He also thanked Council for their actions tonight. This Resolution passed unanimously. First Reading-Ordinance to Amend Ordinance No. 193, Raising City License Fee for Private Clubs: It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this Ordinance at first reading to raise the fee for private clubs with less than 1,000 members to $500, and for those with 1,000 or more members to $1,250. It was then moved by Councilman Moore to amend these amounts to $350 and $750 respectively; this was seconded by Councilman Miller. Councilman Kondik advised that he would not support this. He felt there were too many fees on businesses, and he felt that eventually license fees for all businesses would be raised. Councilman Miller hoped everyone understood what a private club was. He said any bar or fraternal organization that applies for a hard liquor license must be a private club and are required to register all members. Mayor Miller called for the vote with a show of hands. On the amendment, yes votes were Councilmen Miller and Moore; no votes were Councilmen Dorich, DeMasis, Kondik, and Dalrymple; Councilman Veltri abstained. The amendment failed on a 2-4 vote, with 1 abstention. On the original Ordinance, yes votes were Councilman Dorich, DeMasis, and Dalrymple; no votes were Councilman Miller, Moore, and Kondik; Councilman Veltri abstained. The vote on the original motion was a 3-3 tie with 1 abstention. Mayor Miller broke the tie by voting in favor of this Ordinance; this passed at first reading. First Reading-Ordinance Authorizing City Manager to Make Corrective Deed for Portion of Right-of-Way Adjoining 313 Orr Street: Mr. Yeager advised that this was to correct a deed made by the City that contained a section of a right-of-way located in another block. It was moved by Councilman Miller and seconded by Councilman DeMasis to approve this Ordinance; this passed unanimously at first reading. Resolution Authorizing City Manager to Enter into Agreement With H.C. Nutting Company for Development of a Comprehensive Plan for Wireless and Cable Communications: It was moved by Councilman Kondik and seconded by Councilman Moore to approve this Resolution. Councilman Moore advised that this Resolution would retain the services of this consultant to produce an ordinance in reference to towers for the City at no cost. H.C. Nutting would get paid from an escrow account into which monies are put from the companies wanting to put up towers; they would pay the monies when they make application. This company has done this in other cities, and these cities have never had to pay them anything. Their contract states that they can charge the City if this process takes more than five hours; however, H.C. Nutting advised that they have never had to do this. Mayor Miller advised he has some questions about this. Mr. Yeager felt there was a possibility of a charge; however, he stated that in other cities this company has been paid from the escrow account. If the escrow account falls below $2,500, all work stops until this is paid in. Councilman Moore talked about the number of inquiries the City Manager has been getting about tower placement. This Resolution passed unanimously. Resolution Adopting an Interim Application Process for Wireless Telecommunications Facilities: It was moved by Councilman Moore and seconded by Councilman Dorich to approve this Resolution. Councilman Moore advised that this is the Resolution to set up the process outlined in the previous Resolution. This passed unanimously. Resolution to Enter into Contract for the Purchase of Road De-Icing Salt: It was moved by Councilman Dorich and seconded by Councilman Veltri to approve this Resolution authorizing the City Manager to enter into contract with Morton International, Inc., of Chicago, IL, for the purchase of road de-icing salt in the amount of $39.60 per ton. Councilman Moore asked Mr. Bryant about a storage facility; Mr. Bryant advised that the company who had a local storage facility did not bid. This Resolution passed unanimously. Resolution to Enter into Contract for the Purchase of Tactical Body Armor Packages for Police Department: Mr. DuFour advised that these packages are for the special response team; the funds for this purchase were raised by the Police Department. It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this Resolution authorizing the City Manager to enter into contract with Pennsylvania Police Supply of Chalk Hill, PA, for these items in the amount of $7,350; this passed unanimously. Resolution Authorizing Revision to 2004-05 Fiscal Year General Fund Budget: It was moved by Councilman Miller and seconded by Councilman DeMasis to approve this budget revision Resolution. A roll call vote was held; results were as follows: Councilman Dorich: Yes Councilman Miller: Yes Councilman Moore: Yes Councilman DeMasis: Yes Councilman Kondik: Yes Councilman Dalrymple: Yes Councilman Veltri: Yes This Resolution passed unanimously. Resolution Authorizing Submission of Application to West Virginia Development Office for Tax Increment Financing: It was moved by Councilman Kondik and seconded by Councilman Moore to approve this Resolution; this passed unanimously. Resolution to Enter into Contract with August Environmental for Remediation of Former Public Works Department Location on Freedom Way: Councilman Dorich advised that this had been approved by Finance Committee. It was moved by Councilman Kondik and seconded by Councilman DeMasis to approve this Resolution; this passed unanimously. Resolution Authorizing City Manager to Sign Agreement with Morelli Block and Brick for Access to Freedom Way Property: It was moved by Councilman Kondik and seconded by Councilman Dorich to approve this Resolution. Mr. DuFour advised that the remediation workers will be on Morelli property while they perform this job. In 1994 the City had committed to pay Morelli the cost to replace a concrete bed that was over the original tank site; this amount was $8,640. This Agreement will pay this and also give to Morelli a 20x20 shed that will be used in the project. Mr. DuFour also extended his thanks to Morelli Block and Brick for their cooperation in this project. This Resolution passed unanimously. Resolution Authorizing Application for West Virginia Legislative Digest Funds for Beautification of Parking Lot and Field Located Behind the Weirton City Building and the New State Office Complex: It was moved by Councilman Kondik and seconded by Councilman Dorich to approve this Resolution authorizing the City Manager to make application for these funds in the amount of $15,000; this passed unanimously. Resolution Authorizing Application for West Virginia Legislative Digest Funds for Weirton Baseball Association: It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve this Resolution authorizing the City Manger to make application for these funds in the amount of $10,000; this passed unanimously. It was moved by Councilman Kondik and seconded by Councilman DeMasis to approve the appointment to the Planning Commission of Frank Dorsch of 136 Circle Drive for a term from October 1, 2004 to September 30, 2007; this passed unanimously. It was moved by Councilman Dalrymple and seconded by Councilman DeMasis to approve the appointment to the Planning Commission of John Koval of 205 Country Club Blvd. for a term from October 1, 2004 to September 30, 2007; this passed unanimously. Police: Chief Scott reported that a press release was issued advising that on Saturday, September 18, from 8:00 p.m. for four hours there will be a DUI check on Penco between Elaine and Pennsylvania Avenue. He advised that the funds for this are coming from the Governor's Highway Safety Program. Fire: Chief Cole had nothing additional to report. Public Works: Mr. Bryant advised that fall clean-up is scheduled for the week of October 18, with white goods pick-up set for October 14. Mayor Miller asked about the dams; Mr. Bryant advised that they are holding. Utilities: Mr. Mastrantoni advised that Sanitary is bracing for the next storm. On Water, he advised that staff has stabilized a line break on Palomino; however, this will require the replacement of line and valves. Staff will be working on this this week. Inspections: Mr. Rosnick had nothing additional to report. Park Board: Mr. Weigel called Council's attention to some changes in his financial reports; he advised that these are now up to date. He also stated that ISG has advised them of a steam problem in the mill. They hope to have this cleared up by Friday; however, now there is no steam. Councilman Dorich asked if he had been advised about the fence at the June Street playground; he advised he was. Councilman Kondik asked about the Fall Fest. Mr. Weigel advised this was set for this Saturday at the Marland Hts. Park. He advised, however, that they are having problems getting vendors due to the expected bad weather. Ms. Means gave the treasurer's report. It was moved by Councilman Dorich and seconded by Councilman DeMasis to accept the administrative reports and the treasurer's report, and to pay the General Fund bills; this passed unanimously. Councilman Moore asked if ISG had paid their Police and Fire Service Fee bill; Ms. Means advised that they have paid this in full. Councilman Dorich asked if the payment from Weirton Steel has been received; Mayor advised that they expect this in approximately ten days. Jody Kraina of 4031 Palisades asked Council to give her group six months; she will put together a committee of 12 people, who will be contacting businesses about locating in Weirton. Councilman Moore asked for the Committee to present an ordinance to Mr. Yeager for review. With no further business before this September 13, 2004, regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.
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