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WEIRTON CITY COUNCIL COUNCIL MEETING - REGULAR SESSION February 09, 2004 7:00 P. M. A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on February 09, 2004 at 7:00 P.M. in Council Chambers of the Municipal Building. Mayor Miller called the meeting to order. Councilmembers in Attendance: Henry DeMasis Councilmember Ward 4 (via Telephone) Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Steve Dorich Councilmember Ward 1 Dave Dalrymple Councilmember Ward 6 Frank Veltri Councilmember Ward 7 George Kondik Councilmember Ward 5 City Officials in Attendance: John Brown Public Works Superintendent Kessler Cole Fire Chief Lance Scott Police Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Valerie Means Finance Director Rod Rosnick Building Inspector Terry Weigel Parks and Recreation Director John Yeager City Attorney Mayor Miller led the Pledge of Allegiance. It was explained that Councilmember DeMasis was absent from the meeting due to a surgical procedure, but would be participating via telephone. This is based upon a March 08, 1999 Resolution to amend the rules of conduct for regular and special council meetings to permit Council members who are physically unable to attend Council meetings due to surgery or other incapacitating procedures to participate in Council meetings via telephone conference. APPROVAL OF MINUTES A motion was made by Councilmember Dorich and second by Councilmember Veltri to approve the minutes of the: January 12, 2004 - Regular Council Meeting The motion carried, 7/0. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller stated, "We have two this evening. One will be Mr. Robert Hinchee, and the other will be Wayne Littleton. Will Mr. Robert Hinchee please come up to the podium?" The Mayor presented the City of Weirton Mayor's Award to Mr. Hinchee. City of Weirton Mayor's Award To: Mr. Robert Hinchee Congratulations for receiving the Federal Emergency Management Funds for the Weirton Fire Department in the amount of $212,519.00. Your dedication and hard work deserve this special recognition and this award. By the Mayor Mayor Miller stated, "On behalf of Council, the City of Weirton, the Fire Department, the Mayor and the janitor. We thank you very much for your help." (Applause) Mayor Miller stated, "The second one is a Certificate of Achievement to Mr. Duane Littleton. Well, young fellow, congratulations. I'm not going to tell anybody what you've done. I'd like for you to tell us what you've done." Mr. Littleton replied, "I achieved a perfect score on the ACT test." (Applause) Mayor Miller added, "There were 5,600 West Virginians that took the test, and over the nation there were 425,000. That's quite a feat." The Mayor presented the City of Weirton Mayor's Award to Mr. Littleton. Certificate of Achievement To: Duane Littleton For scoring 36 on your ACT And Being the only student in West Virginia to accomplish this achievement. By the Mayor (Applause) Mr. Littleton shakes hands with all of the Councilmembers. Councilmember Moore states, "He happens to be my nephew." (Laughter) Mayor Miller states, "Quite an achievement." COMMUNICATIONS Mayor Miller announced, "I would first like to thank Public Works for the good job that they've done taking care of the roads during our Mother Nature event. She also took care of us on the Lee Avenue Bridge, so I'd like to have a round of applause for our Street Department on the great job they have done." (Applause) Mayor Miller continued, "Lee Avenue Bridge. I'm happy to announce that it will be open February 20th. The work has been primarily completed. We have a curing process going on with the concrete. We have a bridge brigade that I like to call them. They worked on the Greenbrier Bridge and now the Lee Avenue Bridge. That's Brae Bryant's group; John Brown, Eddie Grace, Bill Tice and the rest of the crew. We thank you very much for your dedication and the hard work to get this completed. We are looking for February 20th. We do want to have the State come in and inspect it in the mean time." (Applause) Mayor Miller commented, "The Water Department Utility Director, Butch Mastrantoni. We also passed out for the press and gave to Council the number of inordinate amount of breaks that we have had in the City of Weirton during January. We had a record number of breaks. I believe the number was 31, but we decreased the number of man-hours to get it corrected. Again, I'd like to have a round of applause for these people. I think they've done a wonderful job." (Applause) CITIZEN COMMENTS Ralph Barone 1045 Barone Drive: Mr. Barone commented, "Good evening gentlemen. I'm not going into all of the other things I have in the past. I just want to clarify a couple of points in the ordinance which I think need addressed. One of them is on Section 5 of the ordinance it says, 'employers within the City of Weirton…' then in another section it says 'employers shall mean,' under definitions, 'employer shall mean one who employs services of others, one for whom employees work and who pays their wages, salaries, maintaining at least one regular office or place of business within the City.' I'm hoping that I said that right. OK. Concerning that, I have a question that is really hasn't helped define the context of workers where there is no employer within the City of Weirton and yet they come into our City, maybe to repair something and leave. In fact, last week, I know a nurse that came in, a visiting nurse came into a home on my street, and she's from Pittsburgh. So, I don't know how you are going to handle that. And then the other, only other question I have is defining the word compensation and part-time workers. Now, you have stated in the ordinance that… Let me find it here a minute. Here it is. 'Employees shall mean one who works for an employer, a person working for a salary, wages or compensation on a full or part time bases at least thirty days per calendar year.' Of course, that hasn't been defined full or part time as far as compensation is concerned. What about a paperboy? What about the little part time worker in high school that works at a Scooters or whatever you call that? That's where I want to… There is no definition as to the compensation or dividing who is part time and who is not part time, because when you say thirty days per calendar year, there is no hourly time to determine part time. Therefore, to accept part time as the estimate, who is part time? A person could work 1 hour per week for 30 days, and if you're minimum wage, that amounts to $150.00 less taxes. So, you put a tax on them of whatever you're going to do, the service fee, he's not going to take home very much, and it's probably not even worth working, just like the paperboy. He is an employee. He is under the newspaper. And, also, one other thing. Compensation. I've taken care of that. I've taken care of the paperboy. Of course, as you well know, there is a suit in Charleston now by the State Auditor concerning State employees. Now, eventually that can trickle down to State employees, City employees, and County employees. I have presented a copy of the article that was in the Wheeling Intelligencer to Mr. DuFour, and Gary (Unintelligible) has filed a suit, cause Charleston is trying the same thing. And, actually, I was also going to mention what we are going to do about Army Reservists. I'm not going to go into every detail, because I've said a lot over the past. These are some things that I would like for you to consider, because I think it takes a more definite statement as to who is part time, who is full time, and the word compensation because actually a volunteer from Red Cross. If they're furnished a car to drive that's compensation according to the Internal Revenue Code. So there's a lot questions to be answered, and I'd just like to present them. Thank you? Councilmember Moore inquired, "Can I ask you one question? One simple question. Do you believe the City needs more revenue at this time?" Mr. Barone replied, "I don't know the budget. I don't know the status, and I'm not going to get into that. All that I am outlining is that, even if you pass an ordinance, it better be correct. OK. And these are… To end, what about the two-time jobs. What about my wife? My wife has two jobs. She works for Eat N Park, and she also works for Eckerd. What are you going to do with that? Even though Mr. DuFour has said it's only going to apply to one, it's got to be in the ordinance." Mayor Miller thanked Mr. Barone and said we would take his comments under advisement. OLD BUSINESS Ordinance: First Reading No. : ESTABLISHING THE WEIRTON MUNICIPAL SERVICE FEE. Tabled November 26, 2003 Tabled December 08, 2003 No motion was made to bring this item from the table January 12, 2004. Motion was made by Councilmember Moore, second by Councilmember Dalrymple to remove the ordinance from the table. Mayor Miller commented, "Motion has been made to remove and second for the tabled municipal service fee ordinance. Any discussion? Those in favor, signify by saying I." Councilmembers commented, "I." Mayor Miller questioned, "Those opposed?" Councilmembers commented, "Opposed." Mayor Miller commented, "Let the minutes reflect that it was 5 to 2." City Clerk Maher stated, "It was 4 to 3." Motion carried by majority, 4/3, with Councilmembers DeMasis, Dorich and Kondik voting against. Councilmember Moore commented, "At this time I would like to make amendments to the proposed municipal service fee." Citizen from the floor commented, "Two-thirds." Mayor Miller commented, "Pardon me. Go ahead. Pardon. Hold on. Go ahead." Mr. Velegol from floor commented, "Two-thirds, isn't it, to remove it from table?" Mayor Miller replied, "No." Councilmember Kondik commented, "No. Majority." Mayor Miller continued, "Majority. I got Robert's Rules of Order if you want to go ahead. John, do you want to take a look at it. I don't want to move on if…" City Attorney Yeager replied, "It's majority." Councilmember Kondik commented, "It's majority. It's not an emergency reading. Its just majority." Mr. Velegol replied, "OK." City Attorney Yeager inquired, "Was the vote 4 to 3 or…?" Mayor Miller replied, "It was 4 to 3." City Clerk Maher replied, "Yes. Henry voted…" Mayor Miller commented, "Let's have a roll call vote." City Clerk Maher replied, "OK. Let's do a roll call." Roll Call: Councilmember DeMasis: No Councilmember Miller: Yes Councilmember Moore: Yes Councilmember Dorich: No Councilmember Dalrymple: Yes Councilmember Veltri: Yes Councilmember Kondik: No Mayor Miller commented, "Let the minutes reflect 4 to 3." Councilmember Moore commented, "I'd like to make the proposed amendments to the municipal service fee ordinance." Councilmember Kondik commented, "You need a motion on the floor before you do that, Dale." City Clerk Maher added, "On the original." Councilmember Moore commented, "I move to make a motion to accept the municipal service fee ordinance. I have to amend it first." Mayor Miller commented, "You made a motion to remove it from the table." Councilmember Moore continued, "I'm making a motion to amend the ordinance." Mayor Miller commented, "It's been removed from the table. He's making a motion now to amend what we have." Councilmember Kondik commented, "We need a motion to accept, to vote on the ordinance. No. We just took it off the table." Mayor Miller asked, "Are you OK now." Councilmember Kondik replied, "No." Mayor Miller asked, "Then, what do you need?" Councilmember Kondik replied, "We need a motion to vote on the ordinance, and then he can make his amendment." Mayor Miller inquired, "Correct." Councilmember Kondik replied, "Thank you." Mayor Miller inquired, "Hey John?" City Attorney Yeager replied, "I'd rather see it, to me, I'd rather see it amended first, so that you can vote on it in its final form, and these amendments are really…" Mr. Barone interjected, "You can't make an amendment for something that's not there. The ordinance isn't there yet." Councilmember Moore commented, "I so move that we vote to accept the municipal service fee ordinance." Councilmember Dalrymple commented, "I second that." Mayor Miller commented, "The motion has been made and second to accept the municipal fee ordinance. Those in favor?" Councilmember Moore commented, "Well, now I need to amend it." Councilmember Kondik replied, "No. No. You vote on that. Then it's discussion." Mayor Miller commented, "Now, we get it. Those in favor, signify by saying I." Councilmembers commented, "I." Mayor Miller asked, "Those opposed?" Councilmembers replied, "Opposed." Mayor Miller commented, "Three opposed. Henry opposed it. So. That motion now is carried. So, we've brought it from the table. We've accepted the ordinance. Now we can amend it." Councilmember Moore commented, "OK. I make a motion for the proposed amendments to the municipal service fee ordinance. Change the ordinance title to indicate 2004. In Section 1, change title to 2004. In Section 3, typographical correction, change J and K to Q and R. In Section 5, item A, change effective date to July 01, 2004, and in Section 9, change 'appointee shall serve a term commencing on July 01, 2004.'" Mayor Miller commented, "You've heard proposed amendment to the municipal service fee by Councilman Moore. Do we have a second for that?" Councilmember Miller commented, 'I second it." Mayor Miller commented, "Second by Councilman Miller. Any comments? If not, those in favor of the amendment to the municipal service fee, signify by saying I." Councilmembers commented, "I." Mayor Miller asked, "Those opposed?" Councilmembers commented, "Opposed." City Clerk Maher commented, "Henry, are you for or against?" Councilmember DeMasis replied, "I can't hear you, Tom." City Clerk Maher replied, "Did you hear the discussion?" Councilmember DeMasis replied, "Just barely." City Clerk Maher replied, "Basically, what they did. They made amendment to the Weirton Municipal Service Fee Ordinance of 2003. They made various changes, one updating the date on the title from 2003 to 2004. They changed some typographical errors and they changed various dates throughout the ordinance to bring it up to date." Councilmember DeMasis replied, "Very good." City Clerk Maher continued, "The is not a vote on the ordinance itself. It's a vote to amend the ordinance. Are you for or against?" Councilmember DeMasis replied, "I'm for that." City Clerk Maher responded, "It's 5 to 2." Mayor Miller commented, "The amendments have been passed now. We'll have to go back to the main motion to pass on that. So, those in favor of the ordinance, as amended, please signify by saying I." Councilmembers commented, "I." Mayor Miller questioned, "Those opposed?" Councilmember Kondik added, "You need a discussion on the amendment, on the ordinance." Mayor Miller replied, "OK. Then we'll have a discussion. Any comments?" Councilmember Kondik commented, "Comment Mayor. Although I do understand the need for additional revenue in the City for capital improvements, the reason that I personally, and I've had many numerous conversations with Councilman Moore and councilman Veltri on this situation. Number 1, I'm just saying my personal opinion is this is just a little bit premature. I think we're 30 to 60 days from really realizing what's going to be happening with IGS and Weirton Steel. There's a few other things that I think may be in discussions that we may have to be looking at before we make a final, I, to make a final decision on this. Number 1. That was number1. Number 2, I would like to look at our city attorney and ask him. Does Councilman Veltri, Councilman Miller, and Councilman Kondik. Do we have a conflict of interest being business owners and voting on such an ordinance for our employees?" City Attorney Yeager replied, "I don't think that you do, because your chief responsibility under it is to collect the fee." Councilmember Kondik replied, "OK." City Attorney Yeager continued, "In other words, you're going to be the collection agent for the City." Councilmember Kondik continued, "Even with them and this may be detrimental to our employees, whether we keep an employee, whether we hire another employee, whether we do our diligence with part time employees, whether they work 29 days or whether they work 31 days? City Attorney Yeager continued, "Well, no." Councilmember Kondik continued, "I can see a conflict of interest here." City Attorney Yeager continued, I don't think you need to make those decisions. I think that if the City determines…" Councilmember Kondik continued, "But, we do make those decisions…" City Attorney Yeager continued, "Well, you're…" Councilmember Kondik continued, "Concerning our employees, we do make those kind of decisions." City Attorney Yeager continued, "It seems to me that it's pretty clear, that if they're working more than 30 days, they have to pay, and your part of that is to collect for us." Councilmember Miller added, "George, let me add, let me ask you. I think there's more of a conflict for the employees who are on Council than it would be for an employer, because they going to pay the fee. So, it's the employee, not the employer. So…" Councilmember Kondik continued, "Well. Let me go back a step. I've been involved with the 5-dollar fee that I did vote for and then the 50-dollar fee that it was increased to. The burden on the citizens of Weirton is just, to me, is just getting a little out of hand. Yes, I would like to see an additional 600,000 dollars. Yes, if it comes to the 11th hour, I may reconsider and vote for it. But, now, at this time, I think that this ordinance needs another 30 to 60 days before we enact it, or before we vote on it." Councilmember Veltri commented, "I've got a question here. Is part time 30 days John?" [Mr. Barone approached City Clerk and comments, "The way they handled it is … explanation…What they…is come out and talk a minute…as the law says…and do it right…It can be done right tonight…but the way they did it…] City Attorney Yeager replied, "Yes." Councilmember Veltri continued, "If someone works 30 days, is he going to be charged for 80 dollars or is he going to be charged for the whole 104 dollars for the whole year there." City Attorney Yeager continued, "Well, I think as a practical matter, you're going to be taking this out of his paycheck at the same, out of everybody's paycheck at the same rate, 2 dollars a week. When there's no more paycheck there, I don't know how you collect it. Do you send them a bill? I don't know that. That doesn't seem right. I would not expect to see that happen. Especially because this is just, it's really coming out of wages as they are earned. And, so, what if you have somebody who's only working for the summer. That person may have wages for 90 days or so. Well, they'd certainly qualify, and during the time that they're working in that 90 days and they're getting paychecks. Then, there's no doubt that that money ought to be taken out. The question is then though, do they owe for the whole year. Well, if we say they do, I don't know how you collect it. I mean, maybe they're down in Morgantown then for the rest of the year. Are we going to pursue them to collect another 70 dollars, or whatever the math would come out to?" Councilmember Veltri continued, "Can we make that more clear. If the person works 1 day a week for 30 weeks, how are we going to address that, and how are we going to collect that? Are we going to collect it for 30 weeks, or are we going to collect for 30 days, or how are we going to do that?" City Attorney Yeager continued, "Well, it's, it's, I mean the threshold is if they're working here for…they're going to have to pay in every week in which they work if they work more than 30 days." Mayor Miller added, "It's more like, Frank, the way I view it, it's more like a weekly type of situation and how can you go ahead if you have people that have summer employment and they work 3 months." Councilmember Veltri continued, "That was my next question." Mayor Miller added, "You go ahead and you collect 2 dollars a week for those 3 months. Essentially, you have to establish that you are working and that's where the 30 days came in. This is what the Charleston people have done. Primarily, you look at it as a weekly user fee. If you are furnishing a paycheck throughout the whole year, that's 2 dollars a week. If you're only here working for 31 days or more, then you collect it for the 4 weeks that they've worked, up to 31 days. That's what we're looking at." Councilmember Veltri asked, "How about high school kids, like in the summertime who work, like 16 year olds, 17 year olds? They have to pay the same thing as the full time employee, or are going to get a break?" Mayor Miller replied, "If they work six weeks?" Councilmember Veltri replied, "Yes." Mayor Miller continued, "They would pay for 6 weeks. That's all. I think that's what its saying, right there." Councilmember Miller added, "Under Section R that we just amended, it explains what an employee means." Mayor Miller continued, "The definition of an employee, you can review as Bubba said, is under Section R." Councilmember Miller added, "It was K that was amended to R." Councilmember Dalrymple commented, "I have a comment Mayor." Mayor Miller responded, "Yes. You may." Councilmember Dalrymple commented, "I understand where Mr. Kondik is coming from with waiting for the steel mills to come out of nowhere and lay the cash on us and solve all of our problems. But, I think that the time has come for the City of Weirton to sever that tie, and do what we have to do to get by. We can't depend on Weirton Steel or ISG or whomever it is that ends up running that mill to supplement our income. Down the road it would be nice if we did have the opportunity to be able to recoup some tax money from the mill. But, at this point in time, I think we should err on the side of caution, implement this fee, and be able to have the bills paid in the City of Weirton, have the roads paved, whatever we need to do. We will not have that opportunity if the mill goes belly up. We cannot depend on waiting on the mill. That's all I have to say." Mayor Miller replied, "Thank you. Steve." Councilmember Dorich commented, "As I told the Mayor and the City Manager today, the slab yard in Weirton Steel is empty. It is empty. There's 23 coils on Cove Road, at the gate there. The rumor is it's going to be the 15th of this month, but it was rumored also it was going to be last month, the 15th. It's not going to help the City of Weirton. This is only a cover-up to bring us up even of what we need to meet the budget, not for any streets, not for the library, not for the community center. This is why I voted against it. I think if we put in, enact a B&O tax and cut some of the people that we have in the departments, we can make it. This doesn't mean that, what was passed tonight, doesn't mean that we are going not cut anybody. We are going to cut anywhere from 27 to 32 people. That's how I figure, to meet this. The other day when we had the meeting on Thursday, it said, the night before on Wednesday, the newspaper said 'Two Million Dollar Shortage.' I don't figure it up that way. I figure it up to around 3 Million dollars we're going to be short. I know a little bit about finances. I don't say that she's wrong, but we need something for our roads. I've gone out and looked at the roads in Mr. Dalrymple's ward the other day looking for Patterson Road to see where they had the water leak. The roads are terrible. They're terrible! Not just there, all over the city. Avenue H, going to the City garage. It's terrible. I know why they want to use Tell Street one way, because of that Avenue H. I know these other ones, other people, are businessmen. I've been asked by the employees of the city to propose a B&O tax. I will propose it at the next meeting. It's the only thing that's going to help the City, really. We will cut ourselves from Weirton Steel or ISG, whoever it is that's going to buy them. Everybody said we need jobs in this town. We got rid of 720 jobs in this town, and I said it when we, it was introduced to the community, the Chamber of Commerce. Why did Wall Street, not Wall Street but Wal-Mart, go over to Ohio? Why did Lowe's go over to Ohio when they came to Weirton first? Why did Budweiser go to Weirton and ask, and then they ended up down in Benwood, 720 jobs that we lost. Why? Thank you." Mayor Miller commented, "Mr. Moore or Councilman Miller?" Councilmember Miller commented, "I'll go first. I'd just like to point out the fact that I certainly was one of the councilman that was in favor of tabling this motion over the last few meetings only because we wanted to schedule workshops, because most of the citizens have asked about extra expenses in the city building. I have to make a comment about the Department Heads of the City of Weirton. They've worked very hard to address the spending in their departments, and they've knocked out approximately 2 Million dollars from the current operating budget. That was the result of meeting on a regular basis over the last 6 or 8 weeks, all of the councilman, all the department heads. We have one Wednesday to finalize those meetings. All that did was to keep us in operation. It didn't put any money into the capital fund for paving of the streets, or having matching funds for any grants that we need to bring businesses into this community, and I think any more delays will just jeopardize any more efforts we are putting forth to bring business into this community. We need to subsidize the community center and keep it operating. We need to subsidize the library and keep it operating. There's been some misconceptions in the community about those 2 operations. We're not suggesting that we close those operations also. Please make sure you understand that. We need to keep them operating. They're attractive to the community and anyone that wants to bring a business here. We need to have streets, a community center, good churches, good schools, a fine library, or you're not going to attract any business to this community. I think we have a community that can be sold in the marketplace, but we need to open our minds a little bit more and become business friendly. We're off a major intersection. We're close to an international airport. We're on the Ohio River. We're close to, I think, 60 percent, within 500 miles of 60 percent of the population of the United States. I truly believe that there's going to be growth in this community, that the steel mill is going to survive in some form. It may be in 2 or 3 different companies, just like Sharon, PA has done. I was just there last Friday. I met with their Mayor. I talked to him about how they were able to pull themselves together after 20 years ago when they had their steel mill shut down. They're operating a hot mill under a different name. They're operating galvanizing lines under different names. They've had a number of companies move into Sharon, PA because of an aggressive business future approach in development. This money that's raised from this service fee is going to eliminate a lot of the phone calls I know that I get, because I get most of them on the roads. It's a shame that Brae's not here tonight. We all know that we've probably dodged a lot of bullets coming down here in potholes trying to get here. It is important that we clean up the community and we have the library, we have the community center, and we have these funds. I'm not for delaying it any further. If there is a windfall from ISG, or if someone else comes in and offers to purchase Weirton Steel, or they come out of this stand alone, then that's a windfall, and it will do more for the community. We've already taken potentially 23 individuals out of the City workforce, which I am not in favor of eliminating bodies. Those things have been done. I appreciate the hard effort of the managers of the departments of the City of Weirton." Henry DeMasis inquired, "Hey Tom. Can I get in there?" City Clerk Maher responded, "Henry would like to make some comments. Mayor Miller replied, "Go ahead." City Clerk Maher replied, "Sure Henry. Go ahead." Councilmember DeMasis replied, "Can you hear me out there guys?" Mayor Miller replied, "No! Louder!" Councilmember DeMasis replied, "Oh man. Just one thing I'd like to say about this so far is that you know one thing so great about this country is the fact that we're all right. Everybody that has spoken about this service fee, you're all right. And, what's so unique about this country is that since we're all right, they have a rule that the majority rules. So, that's what this will come down to. The majority will rule and God bless our City. Hey guys. Glad to hear from you guys. You guys don't sound too bad." Mayor Miller replied, "Get well Henry. Councilman Moore." Councilmember Moore commented, "We honestly, have been living off money that the last administration made. We, even in our budget workshops, even now, the proposed budget includes a 700,000-dollar carryover from this year to next. We will not have that carryover at the end of 2005 if the present situation continues. I pulled a budget from fiscal year 1999 and fiscal year 2000, which is 5 years ago. The streets budget in our proposed budget is 5% lower than it was 5 years ago. The Public Works budget is cut by over 30% of what it was 5 years ago. This service fee, this proposed service fee, if passed will not cure all these ills. I'm anticipating, as well as Councilman Kondik, that the mill will evolve in some form, and will contribute to the City in some form for the fee for the services they use. However, we cannot ask for one group to take on a larger burden. There have been proposals that this isn't enough, that 2 dollars a week isn't enough, that it's not enough to cover what they might incur. But, I think to ask for anything more than that is posing too much of a burden on those who work in the City of Weirton. As far as the ordinance, we are not reinventing the wheel. Huntington has had this ordinance in place. It has passed the Circuit Court test. They have been collecting it for over 2 years. I just see the City as its business in this community. We need to diversify our revenue streams, as we need to diversify our businesses. By relying on one single stand alone business for years and not encouraging diversification and not obtaining that has left us at the whim of the cyclical issues of that mill. This City is in the same boat. We sit and we wait for them to come and take care of us. Well, I think this is the 11th hour, and like Councilman Kondik, I believe we are at that time where this needs to be done. Also, if this isn't done tonight, or if it fails, you know, we will have to have special meetings now at 50 dollars a piece, at 350 dollars a pop. Now, pass, fail, or whatever, I mean I think it's poor management to sit through as many meetings as we have had, to discuss as many things as we have discussed, and put everything off till the last minute so we can send somebody in a car to Charleston with a budget. We have had the opportunity to discuss this. It has been hashed and rehashed, and this is one piece of an economic puzzle that I believe we need in place." Mayor Miller replied, "Thank you Councilman Moore. Since all of the Councilpersons have been heard from, the ordinance has been removed from the table and passed, the ordinance has been amended, and the amendment has passed. Now, we need to have one more vote to make it acceptable is my understanding based on this. Those in favor of the ordinance as amended, please signify by saying I." Councilmembers commented, "I." Mayor Miller inquired, "Those opposed?" Councilmembers commented, "Opposed." City Clerk Maher inquired, "Henry?" Councilmember DeMasis inquired, "I'm sorry?" City Clerk Maher inquired, "Are you for or against the ordinance?" Councilmember DeMasis replied, "Against." Mayor Miller commented, "So, it's 4 to 3 or 5 to 2?" City Clerk Maher replied, "4 to 3." Mayor Miller commented, "The motion has been made and passed and the ordinance is now in effect. It passed 4 to 3. Thank you gentleman." NEW BUSINESS Ordinance: First Reading No. : UPDATING AND AMENDING THE BUILDING CODE FOR THE CITY OF WEIRTON. Motion was made by Councilmember Moore, second by Councilmember Dalrymple. Motion carried by majority, 7/0. Resolution: TO PLACE LEINS AGAINST REAL PROPERTIES FOR COSTS INCURRED N DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE 250 (Roberta Pratt Property - 119 Hudson Avenue, Map#W2H - Parcel#0062). Motion was made by Councilmember Dorich, second by Councilmember Moore. Motion carried by majority, 7/0. Resolution: TO AUTHORIZE THE PERFORMANCE OF A PILOT TEST AT THE FORMER CITY OF WEIRTON PROPERTY LOCATED ON FREEDOM WAY. Motion was made by Councilmember DeMasis. Councilmember Dorich made a second to the motion and commented that the finance committee did accept this proposal. Councilmember Moore commented, "This is an authorization for a pilot test for apparently some contaminated property. This is the reason we need to have a significant contingency plan in place. When this test is completed, as I understand it, it will give us the extent of the contaminated area at the old city garage. If I could call upon Mr. Jerry Miller to correct me if I am wrong. The bottom line is this test will tell us what liability the City has for clean up of that site." Jerry Miller replied, "The extent of the contamination has already been made. What this test does now will tell us what we need to do to clean up the site. It will give us options that we can use to put into the budget the cost that it's going to take to clean it." Councilmember Moore continued, "At this time without this test, we don't know what that cost of clean up might be, but whatever that cost of clean up comes in at, the City is responsible for that clean up. Is that correct?" Jerry Miller responded, "That is correct." Councilmember Moore continued, "The is the reason why we cannot have contingency funds that are so thin and so narrow to not deal with these obligations that the City has from years past. This is part of the great unknown that we have to fund. At this point there is no funding in the proposed budget for this clean up. I'm just trying to make clear that we need the availability of certain contingency funds to deal with obligations the City has such as this that we have inherited." Councilmember Kondik commented, "Comment Mayor. In all due respect to Jerry Miller and Councilman Moore's comments. I have yet to see any paperwork on the EDA ordering us to do any site work, so that's why I'm voting against this $17,000 figure." Jerry Miller responded, "Can I respond?" Mayor Miller replied, "Yes you may." Jerry Miller continued, "All reports that you are looking for George, have been presented to the City of Weirton. Each report when we do a quarterly sampling round or we do any work, there is a report submitted to the City, it is approved by the City and then we forward it on to the DEP which is required by law." Councilmember Kondik asked, "Why haven't we gotten a copy of that?" Mayor Miller added, "Mr. Kondik, every…How many site investigations have you done down there Mr. Miller?" Jerry Miller replied, "We've actually been down there for the last what, two years, three years. Each quarter, over the last couple years, we have done sampling. We have also done additional drilling, and the reason for the additional drilling was to determine the plume." Councilmember Kondik commented, "Correct me if I am wrong. Did we not receive correspondence in the last nine years from your company?" Jerry Miller replied, "Absolutely." Councilmember Kondik inquired, "John?" John Brown replied, "Brae has all the information, Councilman." Councilmember Kondik replied, "I haven't received any." John Brown continued, "I have seen the documentation, and Mr. Miller and Brae have worked very very closely together on this project." Mayor Miller added, "The past history that we've had on this were mandated by the Federal Government Mr. Kondik. And I believe these have been presented to past Council and to move forward we have no choice but to go along with this so we know what our further indebtedness would be to clean up the site." Councilmember Miller added, "If we delay this any further, isn't there a possibility that the contaminant will continue to spread." Jerry Miller replied, "Absolutely." Councilmember Miller continued, "And, so the area will get larger and it will cost more to clean up the longer we delay." Jerry Miller commented, "Right now, one of the problems you've got right now is movement because of all the rain and the snow and the water that we've had. When we put the wells across the street from the Morelli property, which was required by the State in order for us to determine if the plume had went across the street. At that point, there wasn't a whole lot of contaminants. But, in the last quarterly sampling, due to all the water coming through the system, of course from the rain and the snow and all these things, that is elevated. So, yes, you're right. It can travel. That's one of the reasons if you do this, you can at that point determine exactly what it's going to take to clean up the site and get the site back to where you turn it back over to the property owner the right way, to clean it up from the leaky tanks." Councilmember Miller thanked Jerry Miller. Councilmember Dorich commented, "As the finance president, the cost is showing is $17,500." Jerry Miller replied, "Right. Our estimation is actually $16,800, a better cost estimate. I don't know if you've seen that, or not. The actual cost estimate is around $16,800, and of course, we'll try to keep it down. But, you know." Motion was made by Councilmember Dorich, second by Councilmember Veltri. Motion carried by majority, 6/1 with Councilmember Kondik voting no. Resolution: TO ENTER INTO CONTRACT FOR RENEWAL OF PROPERY AND LIABILITY INSURANCE FOR CITY OF WEIRTON. Councilmember Dorich commented that this item was also brought before and approved by the Finance Committee. Motion was made by Councilmember Kondik, second by Councilmember Veltri. Motion carried by majority, 7/0. Resolution: TO AMEND THE NOVEMBER 10, 2003 RESOLUTION TO AUTHORIZE ADDITIONAL EXPENDITURES TO UPDATE THE CITY OF WEIRTON CODIFIED ORDINANCES. Councilmember Dorich commented that is item was also brought before and approved by the Finance Committee. Motion was made by Councilmember Moore, second by Councilmember Veltri. Councilmember Kondik asked if we had an explanation from the company as why they were charging us the additional money. City Clerk Maher replied that the increase in the estimate was due to parallel referencing and additional information that would be included in the index. Motion carried by majority, 7/0. Ordinance: First Reading No. : INSTALLING A STOP SIGN ON THE EAST SIDE OF S. 16TH STREET TRAVELLING SOUTH AT THE INTERSECTION OF WETZEL STREET TO ESTABLISH A 4-WAY STOP. Motion was made by Councilmember Dalrymple, second by Councilmember Moore to accept the ordinance. Councilmember Dalrymple commented, "These two ordinances that are coming up next about the intersection on Wetzel and South 16th Street. This is in my ward and was brought to me by Lieutenant Phillips of the Weirton Police Department. There was an accident on this road. It is a unique situation. The intersection that you are looking at, if you can picture this in your mind, is not an actual plus-sign 4-way stop. It's more of a direction road and then a zigzag. The way the road is laid out, it's kind of unsafe. It was only a 2-way stop at the time. As you were coming down the zigzag, you had no stop to come onto the road and drive about 20 feet there being the cause of the accident. The traffic commission was asked to look into and they recommended that we make this a 4-way stop in order to make that area safer for the citizens of Weirton. I support this and the next ordinances." Motion carried by majority, 7/0. Ordinance: First Reading No. : INSTALLING A STOP SIGN ON THE WEST SIDE OF S. 16TH STREET TRAVELLING NORTH AT THE INTERSECTION OF WETZEL STREET TO ESTABLISH A 4-WAY STOP. Motion was made by Councilmember Dorich, second by Councilmember Dalrymple to accept the ordinance. Motion carried by majority, 7/0. Ordinance: First Reading No. : ESTABLISHING A RESIDENTIAL DISABILITY PARKING SPACE AT 3340 ORCHARD STREET. Motion was made by Councilmember DeMasis, second by Councilmember Dorich to accept the ordinance. Motion carried by majority, 7/0. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Human Relations Commission Appointment: Mr. Franklin Woods 116 Bass Drive Weirton, WV 26062 Motion was made by Councilmember Dorich, second by Councilmember Dalrymple. Councilmember Miller commented, "I'll make a comment Mayor. Frank Woods lives in Ward 2, Bass Drive. He had previously served on the Planning Commission of the City of Weirton for a number of years. He is a very dedicated civic servant and belongs to a number of civic organizations. I've known Frank for almost 40 years, and he would be a real asset to the Human Relations Board." Motion carried by majority, 7/0. ADMINISTRATIVE REPORTS Police - Chief D. Lance Scott Chief D. Lance Scott commented, "Nothing to report." Fire - Chief Kessler Cole Chief Cole commented, "Mayor and Council. I'd like to report following up from the last Council meeting. Weirton Fire Department had eighteen people take the technician level on hazardous material. Eighteen people passed the test. Also, there was thirteen people that tested for the state regional team. All thirteen passed the test. We're starting a state response operation team out of region six, a response team for the State of West Virginia. Its quite an accomplishment for the Fire Department." Mayor Miller commented, "Great report Chief. Congratulations to the Department." Code Enforcement - Rod Rosnick Rod Rosnick reported, "I have nothing to add to the report." Mary H. Weir Public Library - Rick Rekowski Mr. Rekowski reported, "The next regularly scheduled Library Board Meeting is February 19th. That's this Thursday at 6:30 PM in the library." Mayor Miller thanked Mr. Rekowski. Parks and Recreation - Terry Weigel Mr. Weigel commented, "Nothing new to report. Just keep the parking lot filled." Public Works Department - John Brown John Brown reported, "Nothing to report, Mayor. Just keep the ice and snow away" Mayor Miller commented, "Amen to that. We're over budget in the salt." Councilmember Dalrymple commented, "Mayor, I'd like to have John talk about salt and keeping the roads clean and stuff like that. I had someone who brought to my attention yesterday about one of our Public Works employees about individuals washing their cars in this sub-zero temperature in the middle of the street and leaving a glaze of ice on the road and there was a call made yesterday that by the police department that one of our roads was slick. When the individual from Public Works went up to investigate and salt the area, he noticed that the individual had two nice freshly clean vehicles and a slick of ice all the way in front of his house. I'd ask that the citizens be a little bit more considerate about that. We're in these types of temperatures. If you're going to wash your car try not to let the water get out onto the street and cause a traffic hazard for everyone around you." Mayor Miller thanked Councilmember Dalrymple and added, "I think that's well put. We have problems right now with snow removal. We seem to have a lot of citizens that like to take their snow and throw it back in the street after they have already been cleaned at one point in time. You can look forward in the future perhaps for a snow removal ordinance coming down for next year. Let's be kind of considerate of our basic street safety, and we'll be looking for that." Sanitary Board / Water Board - A. D. Mastrantoni A. D. Mastrantoni reported, "Yes, Mayor. Thank you. I just wanted to advise the Council that the conservation order that we had in effect last week as a result of diminished levels in Penco, Bellview, and East End tanks has been lifted today. We found the culprits that were creating the problems for us in the system. Tank levels are recharged to at least three quarters of their capacity. We're back into normal operations. We'd like to thank the community for their patience during this past ordeal. We really appreciate all the businesses and the citizens who voluntarily conserved the water and assisted us during that time." Mayor Miller thanked Mr. Mastrantoni. Councilmember Dalrymple commented, "There was an incident the other day, last weekend actually, with the Hancock County Public Service District and their sewer lines being flooded. I don't know if you are aware of that, or not, with a request going out for people in that area not to flush their toilets or pour anything down the sink. There was an erroneous report about Weirton being involved in that. Would you be able to clear up where it is, the boundary is, from Hancock County Public Service District and the City of Weirton." Mr. Mastrantoni replied, "I did call News 9 that evening after you called the plant, and spoke to them. They were unaware that, basically, Hancock Public Service District is the area, unincorporated area, outside of our City limits with the exception of Cove Valley Estates that is serviced by the City of Weirton and certain portions of Sun Valley Road. The City of Weirton had no problems with regard to their sanitary service, and I think that it was erroneously reported that areas within the City, that customers there, should refrain from using their sanitary facilities. We got a rash of phone calls down at the treatment plant, and you had called the treatment plant as well. The operator called me. So, I did talk to News 9, and they said that they were going to make a correction to that." TREASURER'S REPORT Valerie Means provided the Treasurer's Report for February 2004: Beginning Cash Balance: $247,272.44 Interest on Checking: $317.94 Deposits: $1,242,846.92 Investment Drawdown: $700,000.00 Disbursements: ($1,378,891.89) Deposits to Investments: ($0.00) Ending Cash Balance: $811,545.41 Beginning Investment Balance: $1,422,069.12 Interest on Investments: $409.09 Withdrawals: ($700,000.00) Ending Investment Balance: $722,478.21 Petty Cash Fund: $700.00 Total Cash / Investments Available: $1,534,723.62 Motion was made by Councilmember Dorich to accept the Treasurer's Report, second by Councilmember Dalrymple. Motion carried by majority, 7/0. Motion was made by Councilmember Kondik to accept the Administrative Reports as they were presented, second by Councilmember Dorich. Motion carried by majority, 7/0. Motion was made by Councilmember Dalrymple to approve the payment of the bills, second by Councilmember Dorich. Motion carried by majority, 7/0. ADJOURNMENT Motion was made by Councilmember Dorich to adjourn the meeting, second by Councilmember Moore. Motion carried by majority, 7/0. With no further business before this February 09, 2004 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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