WEIRTON CITY COUNCIL
COUNCIL MEETING - SPECIAL
TUESDAY, APRIL 21, 2009, 9:00 AM
A special meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Tuesday, April 21, 2009 at 9:00 a.m. in Council Chambers of the Weirton City Building.
Mayor Harris called the meeting to order.
Councilmembers in Attendance: George Ash Councilmember Ward 4 Ronnie Jones Councilmember Ward 1 Fred Marsh Councilmember Ward 3 Harold Miller Councilmember Ward 2 David Dalrymple Councilmember Ward 6 Max Fijewski Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: Gary DuFour City Manager Thomas J. Maher, Jr. Finance Director Nicole Davis City Clerk Vince Gurerra City Solicitor A.D. Mastrantoni Utilities Director Rod Rosnick ` Inspections Director
Others in Attendance: Dan Guida Attorney Angelina Dickson Weirton Daily Times WTOV News
Mayor Harris led everyone in reciting the Pledge of Allegiance. COMMUNICATIONS
Councilman Marsh stated, “I had gotten a call from the Elks, and they wanted me to let everyone know that the week of May 3 through May 9 is their youth appreciation week. They will be different activities going on throughout the week. The last day will be the banquet, and they will be handing out scholarships.”
CITIZENS COMMENTS
Mike Clayton RE: UDO
Mr. Clayton stated, “I am attempting to get a modified order on the UDO so that I can get my business started in town, and I’d like to see if I can get it passed. I understand that there has to be three meetings and this will be the second one.” Mr. Rosnick stated, “He is requesting a text amendment to make a permitted use on a PDD, and the planning Commissioner reviewed it and recommended it be a conditional use. He is requesting it to be permitted. Council does two readings and approves it as permitted, then it goes through the permitting process through my office. If Council does two readings and approves it as conditional, then he would have to go through zoning.”
A.D. Mastrantoni stated, “Before you today are two ordinances. One ordinance is for water rates. Both ordinances are tabled. We have presented an amendment in work session to the ordinance that is tabled. We are requesting that Council remove the Ordinance from the table, amendment it with the presented ordinance, and take action on it today. Once again, it becomes urgent at this particular point in time that Council takes some action to either approve or reject so that we can take the appropriate response action with our regulatory agencies with regard to the project. On the sanitary issue, you have an ordinance that amends rates for the sanitary board. Our public service commission report is final, and we’ve lost this past year $96,000. Amending those rates would be a very pre-emptive situation that anticipates the loss there as a reduction of basically commercial industries sending the sanitary fluid to us. Our gallon- ages are severely under what they have been in the past.”
Dan Guida stated, “We respectfully ask this Council to pass the proposed Ordinance, with an amendment. After consultation, we think the ordinance should be amended to reflect that monies collected in the rate increase for GASB 45 for unfunded liabilities be placed in an irrevocable trust subject to terms and conditions agreed upon by this Council at a future date, the Water Board, and Mr. Griffith and certainly subject to final approval by the Public Service Commission. Mr. Griffith has assured me that will satisfy his concerns with GASB 45 and the funding of it. I think it satisfies most of Council’s concerns. Of course the details will be worked out later. I hope that it can be worked out to everyone’s satisfaction as to the exact amount of money that goes in.”
NEW BUSINESS
1. Resolution of the City of Weirton to lay the Official Levy Rates.
Motion was made by Councilman Ash, second by Councilman Kondik.
Motion carried by majority, 7/0.
2. Ordinance establishing and fixing rates, fees, and charges of the Municipal Water Works System of the City of Weirton, West Virginia. Motion to un-table the Ordinance was made by Councilman Ash, second by Councilman Jones.
Motion carried by majority, 7/0.
Motion to accept amendment was made by Councilman Miller, second by Councilman Ash.
Councilman Ash stated, “Mayor we have had work shop after work shop, and I am still concerned about multiple issues on this ordinance. I think I understand now about this GASB 45 and how it has to put in place, and I think I can live with that. I still have a problem with our other issues. Our employees do not get cost of living raises. Our employees do not have money set aside for pay increases. We have made it very clear that our next budget that we may not be able to help pay for any increases in health care. So, that’s all in this ordinance. It says they’re going to do this if we approve this ordinance. They’re automatically going to have the money there. We are going to give them the authority to have the money to give pay increases, and we are also going to give them the money for health care increases that may come up. We don’t have that luxury for our employees, and that still concerns me. I know we keep talking about the GASB because that’s the biggest amount of money, but I hope this Council looks at it from both ways. I still want the salary and wage increases removed from there. I still want the health care increases removed there.”
Mr. Griffith stated, “I can address the depreciation issue. I wasn’t aware of past discussions regarding that, but that by Ordinance is already restricted. The money set aside for depreciation is restricted by bond covenance only for use that meets the criteria in your ordinances establishing your current debt. I am not aware of how cities restrict other items.”
Councilman Miller stated, “The previous Council had put in some service fees, and even some B&O on the mill to cover some increases and cover some employee things. If this Council sees fit in the future to do something on pay increases, then we will have to come up with a way to increase funds. We have ways to do what this autonomous board is trying to do.”
The City Solicitor read in to the record the amendment to the ordinance. Mr. Gurerra stated, “Subject to the creation of an irrevocable trust, under terms and conditions as set forth by agreement of Weirton City Council and the Weirton Area Water Board, and subject to the approval by the Public Service Commission (PSC).”
The Mayor asked for a roll call: Councilman Kondik: Yes Councilman Fijewski: Yes Councilman Dalrymple: No Councilman Miller: Yes Councilman Marsh: No Councilman Jones: Yes Councilman Ash: No
Motion carried by majority, 4/3.
3. Ordinance establishing and fixing rates, fees, and charges of the Municipal Sanitary Board of the City of Weirton, West Virginia.
Motion to un-table the Ordinance was made by Councilman Jones, second by Councilman Miller.
Motion carried by majority, 7/0.
Mr. Gurerra stated, “Subject to the creation of an irrevocable trust fund under terms and conditions as set forth by agreement of the Weirton City Council and Weirton Area Sanitary Board, and subject to approval by the Public Service Commission (PSC).”
Motion to accept amended Ordinance was made by Councilman Jones, second by Councilman Miller.
Councilman Marsh stated, “Was this discussed in the workshop? Gentlemen we have not talked to the Sanitary Board about what their positions are. We have been stuck on water for so long. The Sanitary Board has yet to spell out what’s going on down there. That’s my only concern. If this comes to a vote, I am going to abstain because I don’t have enough information.”
The Mayor asked for a roll call: Councilman Kondik: No Councilman Fijewski: No Councilman Dalrymple: No Councilman Miller: Yes Councilman Marsh: Abstain Councilman Jones: Yes Councilman Ash: No
Motion defeated by majority, 4/2/1.
4. Ordinance amending the text of the Unified Development Ordinance Table 1.
Motion was made by Councilman Marsh, second by Councilman Miller.
Motion carried by majority, 7/0.
ADJOURNMENT
With no further business before this April 21, 2009 special session of the Weirton City Council the meeting was adjourned after the closing prayer.
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