WEIRTON CITY COUNCIL

COUNCIL MEETING - SPECIAL

WEDNESDAY, MAY 27, 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 Wednesday, May 27, 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

George Kondik Councilmember Ward 5

Councilmembers Absent:

Max Fijewski Councilmember Ward 7

City Officials in Attendance:

Gary DuFour City Manager

Thomas J. Maher, Jr. Finance Director

Nicole Davis City Clerk

Vince Gurrera City Solicitor

A.D. Mastrantoni Utilities Director

Rod Rosnick ` Inspections Director

Others in Attendance:

Angelina Dickson Weirton Daily Times

WTOV News

Mayor Harris led everyone in reciting the Pledge of Allegiance.

COMMUNICATIONS

The Mayor called to order the Public Hearing regarding Ordinance No. 1636.

CITIZENS COMMENTS

Mr. Vince Oliver

RE: WATER RATE

Mr. Oliver stated, “Mayor, Council, I’d be the first to admit that we need something done with our water, but I don’t believe it’s an increase in our water price. I just brought a few things here that have come through my city water. This came through most recently, something’s growing in the water. It came out of my city tap. Please don’t open it. If you do, it’s very stinky. This came out last year. I had the water people up there last year to take a sample, and they said it’s O.K. to drink. These are also; I don’t have a humidifier on my furnace for the winter time so I set pans out on my heat registers. These are pans that came after the water had evaporated. As you look through them, they have holes in them. The city water eats holes. The dates are on the bottom of them. Some of the water came from a tap that I have a filter on, and some of them came from a tap that I do not have a filter on, and some of them came from H2O pros water that has been filtered, and some of it came from spring water. As you will see, all the ones that have holes in them. I did a sample on that one to see if it was just the pan or what it was. You will see that the water ate through this aluminum and also the bottom. If you hold it up you will see holes in the bottom of every pan, except the ones that had spring water in them. Every pan that had Weirton city water in it, which I don’t drink and I advise no one else to drink, has holes in it. Every pan that did not have city water, even though it had a residue in it, did not have holes. I think we need to fix the water before we spend 5, or 6, or 7 million dollars, and they say that there is a system on there now to comply with what they’re saying we have to comply with, it doesn’t work.”

Councilman Jones stated that it looks pretty good to me. It’s in a white cup.

Mr. Oliver stated, “It looks fine when it comes out of the faucet, look in the jars. It’s growing. Whatever is in there is growing.”

Mr. Ralph Barone

RE: WATER RATE

Mr. Barone stated, “Mayor, Council I agree with Mr. Oliver. In fact I have H2O pros and two other filters in my house, and every three months my filters are black. I’m here just to remind everybody and ask our City Attorney to check back to 1990, our water rate case that a previous administration tried to stager increases over a period of five years. We had a full hearing; the administrative law judge came to Weirton. I have the whole thing here. The case number is 90051WSMA. The administrative law judge stated that he shall reject the City’s requested authority to automatically increase its rates and charges by 5% in subsequent years. The analysis presented by the City which presumed a fixed annual percentage increase to all future operating expenses is woefully inadequate to reasonably and reliably project the City’s revenue requirements in those future periods. Accordingly, any future rate increases adopted by the City will have to be adopted by separate Ordinance and subject to separate scrutiny and possible appeal by affected customers. So I ask the City Attorney to review the whole case because as the law stands you cannot have staggered water rate increases such as you’re proposing. I’m not saying you can’t. The law might have changed. Some judge could decide differently, but this was decided for a Weirton water rate case in 1990.”

The City Attorney stated that you cannot arbitrarily just say you can increase rates under a certain percent. Our scenario we have to do this increase, but under certain blocks.

Mr. David Lashhorn

RE: WATER RATES

Mr. Lashhorn stated, “As Fire Chief I wanted to make sure that it was entered into the record for the hearing. You all have copies of my concerns that Mr. Dufour and I addressed. It involves some of the language changes in there. Also to note that the rate increase does have an effect on the Fire Department’s budget; an increase of about $10,000 per year. That is for the repair and maintenance of the fire hydrants. If anyone has any questions or concerns, I think we covered it pretty good.”

Mr. Don Taylor

RE: WATER RATES

Mr. Taylor stated, “By the way that jar looks, I know where my kidney stones came from. I am here to say that the water is terrible. It is good to wash your car or take a bath. If the water goes up and we redo all the pipes and everything then I am for it, but to leave everything the way it is I am against it. By the way this looks I know where my kidney stones came from, and thank God I passed them.”

The Mayor closed the public hearing comments.

Councilman Ash stated that he had been questioned by citizens whether this amended ordinance is going to cost more than the original ordinance.

Mr. Mastrantoni stated that the first ordinance was higher, and the Water board was able to reduce the requested amounts.

The Mayor asked if the water is safe to drink.

Mr. Mastrantoni stated, ”The water is assuredly safe to drink. None of our staff would allow anyone to ingest water that we felt was unsafe. We have a very dedicated staff. We take 40 samples at random in the extremities of the system monthly and send them out to an independent laboratory per the regulations of the state of West Virginia Health Department. All of the water complies with the safe drinking water act currently in place with the exception of the tri-helo-methanes. We have had on occasion had excursions with tri-helo-methanes, and as per the regulations the customer base was informed through consumer confidence report and independent mailings. We are currently under direction, because of those transgressions of the tri-helo-methane content, under a consent order that requires that we upgrade our facilities in order to address those constituents in our water. The water is safe, it will be safer and in compliance after the project.”

The Mayor asked Mr. Mastrantoni to send someone from the water department to Mr. Oliver’s house to test the water.

Mr. Oliver stated, ”They have been there before. I won’t let them in this time. What’s the purpose? They came in took samples, took them to the plant, and said they don’t have facilities there to test them.”

The Mayor stated to Mr. Oliver that he had brought in all of these jars and stated on television that the water is unsafe, but won’t let the water department test them.

Mr. Oliver stated, “Fine, they can come up and test it.”

The Mayor called the special meeting to order.

COMMUNICATIONS

Councilman Miller stated that in a few weeks the annual Wing-Off by the emergency services of the City of Weirton, and offered that people sponsor a police or fireman.

Councilman Miller also stated that he had spoken with members of the county commission regarding having some type of alert in the emergency response to advise the responders that someone is disabled in they place they are going to. The county is making progress with training and technology.

CITIZENS COMMENTS

Mr. Charles Caleffi

RE: STREET PARKING

Mr. Caleffi stated, “I live on the 3800 block of Marlamont Way. I’ve been there for 43 years. We’re talking about putting up signs for garbage trucks. I took videos showing the condition of the street. If you did have an emergency and the City couldn’t respond I think you’re in for a big lawsuit.”

OLD BUSINESS

1. Second reading of amended Ordinance No. 1636 establishing and fixing rates, fees, and charges of the Municipal Water works System of the City of Weirton, West Virginia.

Motion was made by Councilman Jones, second by Councilman Kondik.

Councilman Marsh stated, “After listening to everything that has gone on for the last 4 months, we have seen the ordinance and finally working it out with the Water Board. A lot of things of happened with this, and I think the one thing that disturbs me the most is that this Council was never told that the consent decree was signed. That would have given us a heads-up and some time to work out these issues. The Mayor of Steubenville opened up a very good can in that this valley is going to have to look at some type of a regional water authority. We don’t have the people any more. We don’t have the money any more. Maybe we just need one water plant that serves five or six towns. For right now this is the cheapest way out of this mess for the people of Weirton.”

Councilman Kondik stated, “What really bothers me about the whole thing is that the EPA holds a gun to your head. In 1992 they fined the Council $175,000, and the citizens had to pay that eventually.”

Councilman Ash stated, “My problem with the ordinance the way it is right now is that I feel like I got skippered, and I don’t know why. I’ve talked to some members of this body, and they tell me because of this two-tiered system that we have is actually going to cost the residents more now then what it would in the original ordinance. If you remember the original ordinance had a $3.00 per month increase. Now it’s $5.00 a month increase and then the actual paying for water. Now the water is cheaper. It was $21.00, and it’s down to $19.00. I was against the original ordinance. I am concerned about the second tier. The second tier is going to cost the residents a lot more now if we pass it now. My question is if we just pass the first tier, is that enough to do the actual project and the answer is no.”

Motion carried by majority, 5/1.

2. Second reading of amended Ordinance No. 1637 amending the text of the Unified Development Ordinance table 1.

Motion was made by Councilman Jones, second by Councilman Ash.