WEIRTON CITY COUNCIL MEETING November 8, 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 Tuesday, November 8, 2004, in the City Council Chambers, with Mayor William Miller presiding. Councilmen 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 Cole, Chief Scott, Rod Rosnick, Brae Bryant, Andy Mastrantoni Rick Rekowski, and Dolores Ostrander.

Mayor Miller led the Pledge of Allegiance.

MINUTES

Because there were several errors made in switching names of Councilmen, by the City Clerk, those errors were listed. Then moved to approve the minutes from October 12, 2004, by Councilman and seconded by Councilman ; this passed unanimously.

MAYOR'S AWARDS & PROCLAMATIONS

On behalf of the Mayor and City Council, the Mayor's Award was presented to Donald Neff in grateful recognition for his outstanding qualities of leadership and dedication by earning his Eagle Scout. Donald's accomplishments and achievements deserve special recognition. Donald is a part of Pack 65, with Steven Lewark as Scout Master; therefore, the Mayor deems it an honor and a privilege to present Donald with the Mayor's Award.

COMMUNICATIONS

First item: Mayor Miller commented that the Lee Avenue Bridge is on schedule and will be opening to traffic on November 17^th; barring any unforeseen difficulties. Mayor expressed his thanks to ISG for their cooperation in working with Public Works, Brae Bryant and John Brown, to make sure that it is coordinated and moving along smoothly.

Second item: This community is blessed with our youth. Mayor commented on how well they do in education, community services and in athletics. Mayor mentioned, of course, Madonna and Weir Red Riders. Madonna will be playing on Friday night at 7:30 p.m. and Weir Red Riders will be playing at 1:30 p.m. on Saturday. Each is in their special class: Madonna is in class A and Red Riders are in class AA. The Mayor along with council, city administration, and all of the citizens wish them well in their venture for the Gold Rings and for the Championship.

CITIZENS COMMENTS

The citizens present were: Judy Welsh, Fred Martin, Fred Thompson, Bob and Deborah Klash, Norma Jean Thompson, Joanne Pratt, Howard Weinberg, L. Thompson, and Mike Clayton.

Judy Welsh and Fred Martin of Thompson Hill, their address is RD#2, Colliers; and their question was why the City had not contacted the residents of Thompson Hill, in regards to what is going to be done. The only way they can get any answers is to call people then they call us back. Not always, but they do call us back. You did explain that you needed two more engineer assessments. You did get one from the HDR? Mayor Miller responded that it has not been finalized yet, but it will be coming this week.

Another problem is the gate that is connected to the access road. There are two posts there; why can they not be removed and widened about another five feet? The reason being that her husband has a trailer and he can't get through it, as it is narrow through that section, especially with winter coming up. Why can't something be done?

Mayor Miller said that the City has intent on widening the road, putting in reflectors, and putting in pull offs in that area. All this takes time, as we have to be connected to FEMA, engineering studies, (unrecognizable). Our Public Works Department has taken it upon themselves to make the temporary changes up there. Brae Bryant was called up to make comments on what Public Works was doing on this issue.

Brae Bryant commented that they have to do everything in compliance with what FEMA allows us to do. They have their engineers up there checking in regards to the access road. One thing is they will be installing two pull off areas. The access road was put in within a 24-hour period, so they didn't do the normal procedure. There is a significant drop on the side of the road, but FEMA has allowed us to ease that. We will also be installing reflective markers, for day and night, to improve dealing with the size of the road; we will also be placing signs informing people of the condition of the road; and we will be grading.

Mrs. Welsh asked when the work, that Brae was speaking about, be done? Brae commented that it would be done within the next two weeks. Mayor Miller responded that it would be December 1^st. Mrs. Welsh asked if the two post could be taken out, because it is very difficult now, because of the potholes that are there, and it would be worse to maneuver through there when winter comes. In trying to miss the potholes they would plow into the posts, because it is barely wide enough, now, to get through. Those posts are on private property, but Brae said that they would take a look and contact the appropriate people.

Another concern of Mrs. Welsh was for the emergency vehicles to get through and even if they knew how to get to their area via the access road? The response was that the worker knew about the road, but Mr. Yeager responded that he stopped at the Fire Department before coming to this meeting, and they did not know about it. He also spoke to a Police Lieutenant two nights ago and he was not aware of it, because the Lieutenant was wondering why Mr. Yeager was driving out that way to go home.

Mayor commented that people don't read the newspaper. Mrs. Welsh responded to that in saying that they do not because the carrier will not deliver it, until the road is fixed. This is one of several other issues. The postal carrier has already advised them that when winter comes there is a possibility that the mail may not be delivered, and it is seven miles, one way, to Colliers to get our mail.

Mrs. Welsh commented that she understands the problem, but they pay taxes the same as everyone else, and why some of these issues be taken care of now, before the snow starts flying? There is a lot to be covered, and Brae commented that the process is in the works to get financing through FEMA, and their goal is to get that road repaired. What they are shooting for right now is to gravel that road until Thompson Hill is repaired, and that process will take some time.

The comment was made as to how quick the City was to respond to cleaning out the creek in Kings Creek as opposed to taking care of a road that people need to access their residence. You said that you have already worked it out that the sandbar at Kings Creek is going to be cleaned out, and this was regarding FEMA. Mayor Miller responded that it took six-weeks longer than he wanted, and they had to go through the communication thing with that. The City is going through the communication process right now with trying to get the road remediably. Mayor personal opinion was that it would be sometime next year before the road will be repaired. If the City can secure Federal funding for the repairs, they will be more than glad to dump it into those repairs. They have estimates from $100.000 to $1M to repair that road. The variance in pricing is because of various engineering groups and it depends on the type of service that we want done. If they want it done permanently it is going to be close to $1M. If they want it done slip-shot, they can get it done for $100,000. So it does have to be scoped out. By next council meeting they should have more information and can discuss it further then.

Brae commented that to make the access road suitable for travel, it would take approximately $40,000 and that is what FEMA will allow, and with that the engineers that discuss what is allowable for the City to proceed. Public Works is moving as quickly as they can, within the confines of FEMA.

FEMA is very busy and they have emergencies throughout the state, which the residences understand. They have been working as closely as they can, with FEME to proceed as quickly as possible, and they are doing everything that they can do.

Mr. Klash asked if Marland Heights Road slipped tomorrow, how fast would it be repaired? Mayor Miller responded as quickly as we could start working on it and as quickly as funds could be secured.

Mr. Klash responded that next April or May is not quick enough for their road to be repaired. The City is putting money into a temporary road that is going to be nothing but a pain for everybody. His councilman informed him, that the City already had the money for the road to be repaired; that there was a bid between $120,000 and $150,000 and the money was already there. Mayor repeated the estimates that they now had.

Councilman Dale Moore told Mr. Klash that they are in a state of flux. Last Thursday, he spoke with Mr. Bryant and we thought we had a choice of getting it opened before winter. Then last Tuesday, Brae received another report; then on Friday, he received another report. So this changes by the day. If the one estimate was a viable estimate it would have fell under a different category with FEMA, but they wouldn't accept that. They didn't believe that was an acceptable solution to the problem to allow it to be repaired on a permanent basis. We then had top of the line estimate that we can have everything for $1M, and FEMA said that they aren't doing that either. So, when your at the end of the food chain, which we are, they tell us we have it and then they say we don't. This has happened three times in the last nine days.

Mr. Klash commented that they could take $20,000 out of the General Fund and do a temporary fix, but Mayor Miller asked how they could fix the road without engineering assessment to make the road stable, so this doesn't happen again?

Because it has been two-months, Mr. Klash asked, "How long does it take to have an engineer firm to come in and give the City an assessment? The City is waiting for the core drilling result, and it all takes time. It isn't going to be done until the City gets a professional engineer to sign off on how the road can be repaired so that it will be safe.

Mr. Klash offered a point that a lot of these problems would not have happened if the ditch on the hillside part of the road would have been cleaned along with the drains, which are still blocked, but it would have allowed the water could have ran in a proper manner, instead of over the roadway or under the roadway eventually.

Originally, it was brought to the attention of the City, that these ditches needed to be cleaned, many times. He had not spoken to the present councilman, but the previous councilman. He had spoken to Brae Bryant, John Brown, and another person (whose name was muffled). They did come up and put some limestone in it, which was basically level with the roadway, and water still ran across the limestone. The ditches were not cleaned out where the drains were, and then called again and informed them that the ditches needed to be cleaned so water could run through the drains that ran underneath the road. Mr. Klash called three or four times, but no one showed up.

In regards to what Mrs. Welsh had addressed, Mr. Klash had called Brae Bryant and spoke to him on one occasion and called several more times but never received a call back. Mr. Klash called his councilman who said he would call him back but never received that call back to keep me informed.

Councilman Moore had spoken to Brae last week and commented that if what they had received was a final answer, they were going to compose a letter to send to the residents. But until last Thursday, he thought they were going to get it in and it changed.

Councilman Moore was asked if he had been up on the hill since they put in the temporary road? Councilman Moore had been the night that he spoke to Mr. Klash, and he admits that the upper part of even the non-temporary road is deplorable. The Mayor and City Manager was asked if they had been up on the hill? (Their answer was drown out by the noise and commotion.) Mr. Klash proceeded to ask the other councilman if they had been up to see the condition of that road? Councilman Dalrymple had been; Councilman Veltri had not been; Councilman Miller has spent most of his time the last 6-weeks in Kings Creek; Councilman DeMasis had no time to go as he was taking care of his own area; Councilmen Kondik and Dorich were not recognizable as not called by name).

Mr. Klash asks each one of the members of the council to take a ride up to Thompson Hill Road, and see what the residents have to put up with. Then he would like to ask them, "If they would put up with it until next April or May", and he would bet that they would say, "NO", just like they are doing. He feels that they also would be there complaining just like they are, because it is wrong. It is wrong for them to have to put up with the conditions of the road.

(Because people are randomly speaking, it is very difficult to transcribe these tapes when I don't know names and faces.)

An unrecognizable female citizen made the comment that she hoped that, with winter coming, they do not put salt on the access road. Before the hill was paved, they salted that road so much that it created so many potholes, that the Mayor (this was one three or four Mayors prior to the present), said that the road would be closed. She is hoping they don't salt the access road, because if they do they are done for. The Mayor said that the City was very familiar with the conditions of that road, but it was then noted that a few years ago they did not know about it and shut the road down. Some of the residents complained because there were so many elderly people out there and an ambulance wouldn't be able to get through to them. The Mayor suggested they contact their Congressman, because he has been personally involved with this issue.

In reference to the temporary road, another citizen commented, there was an access road that was already present, prior to putting in the temporary road. It is also becoming rutted out and needs to be grated. This road is where the black topped road ends at Route 21 and goes to where the temporary road was started. Community Development owns that and the City is working on getting the whole road paved in that area. Another issue brought up was the rest of the road going to Gene Thompson's all the way to Linda Cline's is in deplorable condition. There are nine families that live out there and that mean 22 to 24 people driving with their children, going in and out of that road 3-5 times a day. That depends if they are working, taking their children to school, or whatever. There is no school bus coming up to that area.

Mayor suggested that they write the Board of Education; they should be able to get a small bus up there. It was noted by Councilman Moore that they are going to attempt to address this issue at the next meeting.

Mrs. Welsh responded, "The complete paving?" She concluded that they better clean the ditches out first to prevent the erosion of the road again. There was another comment made about the drain along side of the road are so deep that if someone dropped off the side of the road it would put their car on its side.

The Mayor commented that with the amount of rain that we had during that period of time everyone was under water; we had at least seven slips within the City and we are trying to address everything as best that we can. He knows the people are not satisfied and the City accepts the responsibility for it, but they can only get to it when they can and when they get the finalization from engineering. They will be notified as to what they are suggesting and how much it is going to cost to get the road repaired.

Councilman Moore commented that until last Thursday, there was still hope that this could be completed this year. This was the number one project for Brae and all efforts were made to get the road repaired before winter.

Councilman Moore takes responsibility for not keeping in contact with the local residents in the Thompson Hill area. If Councilman Moore has a copy of all the residents' addresses and phone numbers, he will stay in contact with them on a 2-3 week time frame or the week before the Council Meeting.

There is still the matter of the 2 posts that should be removed to make it easier access to the road, because it is so narrow through those posts, and school buses refusing to pick up the children.

Mayor Mill adamantly made the statement that, he and the City Manager spoke with the Board of Education on two different occasions at the office of Emergency Services, in Follansbee, and they failed to get back with them. In Mayor's opinion, his personal opinion, they have an internal problem, in Brooke County, in trying to handle this issue. He also suggested that the residents contact the Board of Education, all of the residents involved.

Mrs. Klash commented that the problems with that road has been going on for years, so it is not mainly due to the rain. There was a little girl who fell into one of those holes when she was 8 years old and nearly bled to death, because she had cut her knee so badly. They could not get an ambulance up there to get her even then, and she is in college now. Nothing has been done to repair the road since then. They need the City to realize that they are just as important, being out in the country, as those who live within the city. She also commented that when they believe that they are out there working on the road the workers are sitting out by Mrs. Cline's. If they are on their lunch hour that is one thing, but they are sitting there for 3 hours. Perhaps that is why the culverts have not been cleaned out for all these years. Think about how long they have been patient waiting for this work to be done. They have been coming to the City for years and they keep saying there is no money, but they pay taxes like everyone else. They want to know why the City keeps putting it off. It hasn't just been the flood. Thompson Hill road has been like this for years.

There is on going discussions on both sides and the result is they will work to get the road repaired. The City has street problems city wide, which is why they are trying to develop a fund for Capitol Improvements. It makes no difference where the streets or roads are; whether in the city or out of the city, these roads have been neglected and not funded sufficiently for several years. That is why the fund is being developed to attempt to bring a solution to these problems.

Councilman Moore said, "That he has 2 years and 8 months left in his term and he will do everything he can during that time to have Thompson Hill Road repaired.

Mike Clayton responded again on the Towing Ordinance. Even though a Public Hearing had been held, he wants a continuation of the discussions, before any policy passes. Mayor Miller responded that Mike has legal representations and his attorney should have contacted the City's attorney. The City is moving along with the agenda and because he doesn't agree with it, doesn't make it right or wrong. Mike was asked if he had a policy with the City, which he has from January 9^th, when he signed on with the rotation.

Mr. Yeager thought the City had a policy and Councilman Dorich responded that the City has a one paragraph Resolution which says," The City will have a towing rotation, the standard of which will be determined by the City Manager. The Mayor stopped the discussion and responded that Mike would have to go through a legal process, and we need to move on. Mr. Clayton feels that they would be working for free. He didn't have his notes with him and has only a letter of understanding, and there is no set policy. Mr. Yeager stated that the Resolution was passed in 1997 and should have been looked at again in 3-years and it was not. They are now complying with the law and revising that Resolution, which is to be voted on this evening and it is up to the councilman if they want to pass this Resolution or table it.

There was a request by the City Manager to convene into Executive Session consistent with West Virginia State Code 6-9-A-4 (4) to discuss litigation and personnel matters. It was moved by Councilman Dorich and second by Councilman Moore. It was unanimous.

NO OLD BUSINESS

NEW BUSINESS

Resolution to enter into contract for Purchase of MSA Stealth Cylinders for Weirton Fire Department Utilizing Homeland Security Funding.

It was moved by Councilman Dorich and second by Councilman DeMasis. This Resolution passed unanimous.

Resolution to enter into contract for Purchase of Breathing Air Cascade System for Weirton Fire Department Utilizing Homeland Security Funding.

It was moved by Councilman Dorich and second by Councilman DeMasis. This Resolution passed unanimous.

Councilman Kondik questioned Chief Cole if this same system had been purchased several years ago, for the West End Station Company 1? Chief Cole was not aware of it, stating it may have been for the Volunteer Company 1, but he had no knowledge of a Cascade System.

Ordinance authorizing payment to employees who choose to Waive City of Weirton Health Insurance.

Councilman Moore had a question of how many were interested in the buy-out? Finance Director, Valerie Means commented that there were two (2) maybes and one (1) yes.

They are working out options to use wage increases to continue full benefit compensation for health care or finding other means to cover these increases including employee contributions. It was moved by Councilman Moore and second by Councilman Miller to approve this Ordinance. (It was unclear who the two opposing votes were.)

Ordinance to amend Salary Ordinance No. 1313 establishing the Salaries of Municipal Employees of Various Departments within the City of Weirton General Fund.

This Ordinance has been pulled for not being complete.

Resolution authorizing Application and Acceptance for West Virginia Legislative Digest Funds for the Weirton United Way for $5,000.00.

It was unclear by whom this Resolution was moved but second by Councilman Moore. This Resolution passed unanimously.

Ordinance to Approve Designation of TIF District for the City of Weirton.

It was moved by Councilman Kondik and second by Councilman DeMasis. This Ordinance was approved unanimously.

Resolution adopting "Rules and Regulations for Towing Rotation list for the City of Weirton affiliated with 911 Service".

It was moved by Councilman Moore and second by Councilman DeMasis. This Resolution was unanimously approved.

A question was brought to the attention of Mr. Yeager whether there are any legality between the old and the new? Is there anything that the council should know about that anyone who is not involved or anyone who is not in rotation might sue the City? Everyone who may have had an interest in this was given notice both by mail and by publication. There were about 12 individual organizations, offices, and emergency directors that were contacted by mail. The public received notice by publication. If any councilperson felt that it would be beneficial to have further discussion we could do that, but there was communication between Mr. Clayton's attorney and Mr. Yeager. In that letter, Mr. Frankovitch, mentioned that there were times that the tow truck operator ends up with a vehicle that he couldn't get paid for and if the City would take up payment for that? Mr. Yeager had spoken to the sponsor of the bill and he said that this should be a cost of doing business. One of the ways for the tow truck operator to get that money back is to sell the car. That isn't a very satisfactory way because if he is holding a car and the owner doesn't want to get it, then it isn't a very valuable car. So if the operator sells the car, he isn't going to get out of it what he may have been charging for storage. It isn't a great system, but on the other hand the public should not have to pay for it.

Mr. Yeager had written back to Mr. Frankovitch and said that it was very well thought out, but it was the opinion of the sponsor that if any one wants to be in this rotation they are going to have to defray some of the cost, because they are not going to be able to send the City a bill. Mr. Yeager said that this Resolution was in compliance to the state code. We talked about the cost and the individual towing operators has to fill out an application or registration and give us what they charge so that we know that they are in compliance with the State of West Virginia.

Ordinance Designating the Minimum Number of Chains required to secure articles being transported on Trucks or Trailers.

It was moved by Councilman DeMasis and second by Councilman Dorich to approve and with Councilmen Veltri and Dalrymple opposing.

There was a question from Councilman Dalrymple, if this was a duplication of the state requirements? Mr. Yeager responded that this was a duplication of the trucks in use of Weirton Steel for the purposes of safely carrying coils. He was given some Federal Law for the basis of this requirement, which would be Section 393.102 and 393.106(b); these are consistent. Twice since we have been in office, there have been accusations of truck drivers who have been carrying unsafe loads. They say because they were in a hurry or they were only going a short distance so they only put on one chain when it should have to have two.

The police have been alerted to this. It is a serious matter, because there was an incident where a coil rolled off a truck and killed a whole family. Some truck drivers will dispute this because they have been driving for such a long time. If they have high-tensile chains; 5/16" in diameter, with a 5,000 lb. load, you can use 1 (one) chain, but with a 10,000 lb. load, you will have to use 2 (two) chains. Mayor Miller asked Mr. Yeager how many truckers carry a certificate that specifies what type of chain they are using? Mr. Yeager wasn't sure if they were marked, but several of the councilmen work in the steel mill and load the trucks, and they say that these high-tensile chains do have a tag on them.

There were continued, in-depth, discussions on this Ordinance, because of the knowledge of the councilmen who load these trucks in the mill. Councilman Dalrymple said that there are larger coils than 30,000 lb. going out of the Tin Mill. Weirton Steel is shipping 35,000# ETP Tin Plate, and there are larger coils than this going through Weirton. Councilman DeMasis commented, "That there are larger coils going through our town than Weirton Steel ships". Councilman Miller responded that he agreed with Councilman DeMasis that because there are storage facilities in Half Moon, much larger coils are going over our highways because they are being brought in from US Steel, Wheeling, Mission, and all over the valley, and they are traveling through this town.

Resolution of participation by City of Weirton in a Multi-Jurisdictional Hazard Mitigation Plan.

It was moved by Councilman Moore and second by Councilman Veltri. This Resolution was unanimously approved.

APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

The motion was made by Councilman Moore to nominate Robert Arango, 3725 Lindberg Way, to the Weirton Zoning Board of Appeals. The motion was second by Councilman Miller, with Councilman Dorich opposing (There was no clarification on the opposition)

The motion was made to nominate Dewey Guida, 1012 Barone Drive, to the Weirton Zoning Board of Appeals (It was unclear who moved or second the motion), but three (3) were in opposition and they were Councilmen Dalrymple, Dorich, and DeMasis.