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WEIRTON CITY COUNCIL COUNCIL MEETING - REGULAR SESSION April 12, 2004 7:00 P. M. A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on April 12, 2004 at 7:00 P.M. in Council Chambers of the Municipal Building. Mayor Miller called the meeting to order. Councilmembers in Attendance: 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 Councilmembers not in Attendance: Henry DeMasis Councilmember Ward 4 City Officials in Attendance: Brae Bryant Public Works Director Kessler Cole Fire Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director Rick Rekowski Mary H. Weir Public Library Director Robert Riccelli Economic Development Director Rod Rosnick Building Inspector Lance Scott Police Chief Terry Weigel Parks and Recreation Director John Yeager City Attorney Mayor Miller led the Pledge of Allegiance. APPROVAL OF MINUTES A motion was made by Councilmember Kondik and second by Councilmember Dorich to approve the minutes of the: March 08, 2004 - Regular Council Meeting The motion carried, 6/0. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller stated that we had two awards to present this evening. He requested that Denise Allen approach the podium to accept an award for Community Development. WHEREAS, the Housing and Community Development Act was passed in 1974; and WHEREAS, this created the Community Development Block Grant program for cities across the United States; and WHEREAS, the CDBG program has become one of the most successful community development programs every created; and WHEREAS, the U. S. Department of Housing and Urban Development is committed to ensuring that CDBG remains the most flexible and useful resource for addressing housing, economic and community development needs. NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Brooke and Hancock Counties, West Virginia, do hereby proclaim the week of April 12 - 18, 2004 as:
COMMUNITY DEVELOPMENT WEEK
in the City of Weirton and together we will help our Community to Develop, Build and Grow. Mayor Miller requested that Ms. Allen approach the Councilmembers so that they could congratulate her. (Applause) Mayor Miller requested that Beth Gaughan approach the podium to accept an award. WHEREAS, the denial of equal opportunity in housing by reasoning of race, color, religion, ancestry, sex, family status, disability or national origin is destructive to a free and democratic society; and WHEREAS, barriers which diminish the rights and limits the option of any citizen will ultimately diminish the rights and limits the options of all; and WHEREAS, the City of Weirton maintains and supports citywide fair and affordable housing efforts through Community Block Grant Funding; and WHEREAS, the City and sectors of local housing industry should work together to uphold the Fair Housing Act and the principal of equal opportunity on which it is based; NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Brooke and Hancock Counties, West Virginia, do hereby proclaim the month of April, 2004 as: FAIR HOUSING MONTH Mayor Miller thanked Ms. Gaughan for her work in this and requested that she approach to receive the award and accept the congratulations from the Councilmembers. (Applause) COMMUNICATIONS Mayor Miller announced that the Department of Public Works would be conducting a Spring Clean Up Week from April 26th through April 31st. Mayor Miller announced the replacement 640 feet of two-inch water line, with tap-ins, on Boley Street. He stated that the project would begin today and would last throughout the week. In addition, he stated that there would be intermittent water service with possible shut offs and delays, and he requested the patience from the local citizens. Mayor Miller announced that Governor Wise has requested a resolution to announce that the State of West Virginia, as well as the City of Weirton, on Saturday, April 24, 2004, and on the last Saturday of April each succeeding year thereafter, as "Local Firefighters Day," honoring local firefighters and recognizing them for their duty in appreciation by all West Virginians for their service to the community. Mayor Miller asked Chief Cole to stand to be acknowledged. (Applause) Mayor Miller announced that the Purdy Lane wall that was erected in the mid-1990s was 2 inches out of plum in the spring of 2001. He stated that upon the results of a recent survey, the wall is now about 6 inches out of plum. He added that an engineering study was being conducted, and the results, including a decision on the solution, would be made within two weeks. He added that the citizens would be informed of the decisions. Mayor Miller requested that City Manager DuFour address the agenda with Birch Drive. City Manager DuFour announced, "As Council is aware, and I don't know so much the public, but certainly Council has been aware that the Mayor and I have been meeting with businesses on Birch Drive. They have a business association. We have been working with them to advance some of the causes they have for improvements to Birch Drive which with the small industries there is a substantial employer in the City of Weirton. The companies there employ approximately 1100 people. In line with that, we worked with then, BHJ Metropolitan Planning and the West Virginia Department of Development put together a package for the improvement of Birch Drive, to pave it and to eliminate the S-Curve at the top, the dogleg as it's called quite often. The West Virginia Department of Development has approved the application. The West Virginia Department of Transportation will be scheduling the project for construction going to bid in July, contract in August, and moving the project to construction in September. This project is estimated to cost approximately $400,000. All of the funds will be grant funds, local access road funds from the West Virginia Department of Development through the West Virginia Department of Transportation. This is the first of a three phase project there for the improvement of Birch Drive and access in handling truck traffic." Mayor Miller thanked Mr. DuFour for his remarks. Mayor Miller announced that following the General Spring Clean-up from 4/26 through 4/31, the City will make an announcement during the first week in May about promoting a general clean up and beautification of the city. Volunteers are encouraged to participate, and the VFW and the American Legion will be planting flowers. Main routes to be included will be Main Street, Three Springs Drive and Penco Road. Councilmember Dalrymple announced, "For the past three weeks I, along with the other members of city government, have been receiving letters asking us to do something about the proliferation of LVL establishments throughout the city of Weirton. Some of us in city government have been working for almost 6 months on this very issue, attempting to find ways to increase the distance between these types of businesses. Four of those months were spent waiting on the Weirton Planning Commission and their suggestion that we, as the City of Weirton, should leave these distances at the state minimum. During the four months leading up to the final decision by Planning, meetings were held that contained some good debate, comments from citizens, good ideas from some members of Planning and the recognition of over 50 letters that ask the members of Planning to find a way to limit the spread of LVLs in Weirton. Obviously, their conclusions upset me and the others that have worked to keep Weirton from becoming overrun by slot establishments. The excuse that Planning doesn't want to restrict legal businesses from locating wherever they want in our city is very weak. They have suggested these types of restrictions before, and they have been carried out by Council in the form of an ordinance, therefore protecting the city. What troubles me the most about the action of Planning is the fact that a member of the commission is directly tied into the LVL business but did not see fit to abstain from the final vote. Yes, this individual is a member of an all-volunteer board and was, by law, allowed to vote. But, with a subject matter dealing this close to personal business, you would think that an abstention would be the proper thing to do as not to taint the vote. We are in the process of reloading our guns. There will be another resolution for Council's consideration in the month of May that will be directed at Planning. This will cover the subjects of table gaming and LVLs. Hopefully, Planning will be realistic and look further ahead into the future of our community on this resolution. In the meantime, I ask those that are concerned about LVLs to contact your state representatives in the House, Senate, Lottery Commission and Alcohol Beverage Control Administration. Ask them to enforce the laws contained in the LVL Act, laws such as the 40/80 Rule from West Virginia Code 29-22B, Section 328. If this rule is enforced as worded, more than half of the LVL establishments located in Weirton would have to shut down due to the fact that they must derive at least 40% of their annual gross receipts from the sale of beer. The state is making millions from slot business. The municipalities are not. The cities and towns are left to deal with these businesses and what kind of stigma they put on them, but are not being compensated in a fair and meaningful way. West Virginia's cities and towns are struggling to make ends meet. Ask your State legislators why are there millions of dollars generated by slot machines flowing in and out of communities with less than 1% staying home. I would like to thank the Citizens of Weirton, members of this administration and the members of the Weirton Planning Commission who have worked hard on the subject of LVLs. You know who you are, and I appreciate your time and effort. As I said, there will be more to come on this issue in the very near future." (Signed copy submitted into record - David Dalrymple, City of Weirton, Councilman, Ward 6) Mayor Miller thanked Councilmember Dalrymple for his comments. Councilmember Moore announced, "In response to a communication that was sent. It was sent by the Homeowners Association of Ward Four, Inc. In a letter dated January 11, 2004 and received by the HUD office in Pittsburgh on February 11, 2004. The Ward Four Homeowners Association alleged potential misuse of CDBG funds. Projects that were listed were 1. The paving of Marland Heights Road, 2. CDBG funds to benefit the Greater Weirton Senior Center, 3. To benefit the Weirton Steel Memorial Site, and 4. Money that was given to benefit Weirton Parks and Recreation Department. First, only the portion of Marland Heights Road that lies in Ward 4 itself was paid for with CDBG funds. Ward 4 has benefited from over $110,000 worth of paving during the past three years from the CDBG budget including the entire allotment of $89,410 from last years paving program. I'm certain other low to moderate income areas in the city will be more than glad to utilize the paving funds, since apparently the Ward 4 Homeowners Association feels they are receiving too much. Second, I have no understanding at all as to why the Association would dispute funding for the Senior Center, as it is located within Ward 4 and serves senior citizens who clearly fall within the guidelines of CDBG funding parameters. Third, CDBG funds were used to help prepare the site for the proposed Weirton Steel Memorial. This use is clearly within the stated directives of public improvement in an area of low to moderate income residents. Finally, the forth, and most baffling objection of all, the statement that CDBG funds provided to the Parks and Recreation Department for passes to the Millsop Recreation Center for low to moderate income youth and families to not benefit residents of Ward 4. Nothing could be further from the truth. In 2003, 55% of all adults that took advantage of this program lived in Ward 4, along with 42% of the children, and 50% of all the households that benefited were from Ward 4. In their letter to HUD, Ward 4 Homeowners Association asked that all CDBG funding for the City of Weirton be eliminated. Such a decision would deprive low to moderate residents of the city of funding for such projects as new air conditioning for residents of Overbrook Towers, police foot patrols in downtown neighborhoods, and funds for code enforcement and demolition of structures in low to moderate income areas. Furthermore, I'd like to note that no member from the Ward 4 Homeowners Association came to make public comment when the public hearing was held on March 26, 2003, and no representative has been in contact with CDBG Administrator Beth Gaughan prior to or since the complaint letter was sent to HUD. Also, the Ward 4 Homeowners Association was sent the submission guidelines and application packet for the CDBG funding year of 2004-2005 and did not comply with the procedures or deadline to have any project considered for funding with that deadline being January 12, 2004, and the day of the of the complaint letter ironically being January 11th. It should also be noted upon evaluation by HUD the City of Weirton has complied with the CDBG program requirements including the primary objective by expending 100% of its CDBG funds to benefit low to moderate income persons. This statement is dated December 04, 2003, and is on record in Council meeting minutes from the December council meeting. In summation, I'd like to ask that any group in the city that has questions about CDBG funds and how they are administered to contact the Community Development Department to attempt to resolve any concerns there may be. I would also say that members of Ward 4 Homeowners Association may want to question their leadership on why they would put at risk over $600,000 a year that primarily benefits Ward 4 without participating in the process itself." Mayor Miller thanked Councilmember Moore for his comments. Councilmember Veltri commented, "I want to present the Chief of Police with something that I have here, please. Chief, would you come up here please? I have something here for the Canine Division here. Chief Scott commented, "Excellent." Councilmember Veltri commented, "I want to give you this. It's from different, from all kinds of business people here in this town. There's a thousand dollars worth of checks in here." (Applause) Chief Scott commented, "Councilman. Thank you very much. If I may, just take a few minutes. As of, when I left the office today, we had just over $2,250.00 in our canine coffers for the replacement of Victor. We have already started negotiations for the purchase of new canine. We hope to have that completed in a couple of weeks." Mayor Miller commented, "Thank you very much, Chief, and thank you Councilman Veltri." Chief Scott commented, "And, do you know what? I would be remiss if I did not mention our school kids at Millsop Elementary and Saint Paul's. Thank you. Their combined efforts with their drive raised just over $900.00 for our Canine Division." Mayor Miller commented, "And they started the ball rolling." Chief Scott commented, "Yes, they did." (Applause) Chief Scott commented, "Our canines work very hard, for those of you that don't know. They train twice a month enduring 16 hours of training. We do have the 4 canines, which, as a deterrent for our city, is very important. The people that would want to move in here and create the crimes know that we do have a multipurpose canine available almost 24 hours a day, 7 days a week. Councilman. Again, thank you." Councilmember Kondik commented, "Councilman Moore. Could you see to it that all the Councilmembers get a copy of that letter? Councilmember Moore commented, "Yes sir." Councilmember Kondik commented, "Thank you." Councilmember Miller commented, "Over the past few months there's been a lot of conversation about the video lottery machines, and we received a lot of response from parents and churches and schools, and how close they are to schools. And, I think I made this clear a couple of months ago. I was one of only two Councilmen that opposed sending the issue to the Planning Commission, who felt that we should make the decision at that time and get it as a matter of record. And, now the Planning Commission has spent a number of months and came back to us with their opinion. And, I certainly am not in favor of overruling a Planning Commission made up of volunteers of this community that have sacrificed time and effort to do the right thing for the community and make a decision. What I find interesting, and as I said in the past, is that we have to get our priorities together. If many of you had taken notice about a week ago an article was in the Daily Times on a national pride survey that was done, in the United States, and Hancock County Schools participated in it, the 11th grade and the 8th graders. And, we have a more serious problem with cigarettes, beer and drugs than we do with our kids being affected by video lottery. I do not play video lottery, and I don't know a lot about the gaming industry. But, I want to throw a few statistics at you that were in the Daily Times on April 4th, and also there was an editorial on the 6th supporting the same issue that I'm addressing. When it comes to cigarettes, 51% of 11th graders have tried cigarettes. 29% of 8th graders have tried cigarettes. Beer. 73% of our 11th graders have used beer. 42% of the 8th graders. Hancock County, I'm talking about. Cocaine. 6% of 11th graders have used it. 2.5% of the 8th graders have used it. Uppers. 11% of 11th graders. 2.8% of the 8th graders. 14% of 11th graders have used downers, and 4.6% of the 8th graders. Now, when it comes to parents. Do parents talk to their kids about these issues? 43% said, never talked about by their parents. 26.5% said, a lot, by their parents. So, we have ¼ of the parents that take enough concern to sit down with their children and talk about the drug issues that we have in this county. And, as far as parents setting clear rules on the use of these, 58% said, never set any clear rules. Only 20% said, a lot of rules, 20% of the parents. So, I just want to stipulate my concerns of all the effort and letter writing and objections to video lotteries, which I don't think, have any bearing on the effect of our children. Nor, do we have any within a quarter mile of a church or a school anyway. At the same time, I've stated that we have double standards in our community, and have for years and years. I grew up in this community. There's always somebody playing numbers, poker games going on, all kinds of things. I just purchased my church raffle ticket for July. The churches all have bingos, and the senior center has bingo. The other day, there was an article in the paper. There were high schools that were going to have a night at the races. That's as illegal as all heck. So, their preparing for a night at the races at a school while we're concerning ourselves with the distance of how far the lotteries are from schools, and they're not within a quarter of a mile of the schools. And, I'm going to recommend that this Council support our Planning Commission going forward with their ruling on these distances. They're set by the State of West Virginia, add I think that Councilman DeMasis said when this issue first came up in Council that we all had a chance last spring or summer to go to Charleston and debate the issues down there. That's all I have to say about that." Mayor Miller thanked Councilmember Miller and commented, "Well, this is a basic subject that will be debated both pro and con, and I think the situation lends to a double edged sword as I said before. The situation is unfortunate that some people get caught up in gambling, and we haven't seen the true events of the limited video lotteries somewhere down the road that may or may not be people losing their homes, and that's unfortunate. But, there's nothing much we can do when it's governed by the State, we have to follow the code. The situation in other cities, six of them, I believe, so far, have increased the distances so they won't be nested one on top the other, but that is for Council as well as the Planning Commission to decide one way or the other. It's not for the Chair to decide." CITIZEN COMMENTS Diana Mikula, 167 North 15th Street - Hancock County Schools: Ms. Mikula commented, "I'm not too good with my voice tonight. But, I had sent some letters out to some of you with some very. I'm really puzzled over this whole fee. First of all, we don't really have any guidelines to follow. We have no idea who's going to be paying the fee. We have no idea what's going to happen if you don't pay the fee. What are you going to do with the people that work in the City of Weirton, don't…they're not here all the time, but they're here 30 hours, or 30 days, I'm sorry, out of the year. What are you going to do with those people? Is it just going to be…The way I'm looking at it now, you're going to go to the main businesses and you're going to say, 'OK, we're going to take from the hospital. We're going to take from Half Moon. We're going to take from whatever Weirton Steel may be.' Are we just going to go with those people, forget about those people that work in their homes, those poor little paperboys or papergirls that make minimum wages, people that are working for Burger King and places where they're not making much money? You know. My concern is, people that live in Weirton are not the ones that are going to be affected. A lot of people live out of Weirton. I know for a fact. I have a family, relative, that will be paying for 3 family members that don't even live in Weirton, do not even have anything to do with Weirton. They work here. At the time they worked here, they didn't know they were going to have to be paying this fee. My concern is. Is there going to be a cap on this fee? Are we going to be paying more money next year? Is it just the people that work in the city, while the rest of the people are enjoying all the other things that happen, occur in the city…taking care of the roads? None of this has been answered. I don't know how you're going to take the money. And, how about the people that work for 10 months? Are you going to take the money from them for the whole year for only working for 10 months out of the year? And, I think the Mayor needs to find out if the state employees have to pay, as they did in…" Mayor Miller commented, "It's still in litigation." Ms. Mikula commented, "OK. Cause, you know, a lot of these things are unanswered. We don't really have anything in front of us that say who's going to pay, how we're going to pay, how you're going to get your money. I just…the thing…the whole idea…the fee was passed, and that was the end of it. You know. A lot of talk's going on. I know a lot of people don't talk. I just had to carry through with this, because I just feel very strongly. I know. I live in the City of Weirton, and if everybody in the City of Weirton paid their $2.00 a week fee, that worked in Weirton, I would not object. I just feel it's just only to the certain people who are paying this fee, and it's not fair. And, if you have two or three people who work in a family, we're carrying the burden, and not the other people that are working around. So, I'd like some of these answered. If I can go…I'd like to visit someone. I'm more than willing to visit you." Mayor Miller commented, "You've asked a number of questions. We have answers for you. It's been published in the paper twice, and certainly, our Finance Director is very capable. She'd be willing to sit down with you and talk about this all with you." Ms. Means commented, "Come in to my office and we can go over everything." Ms. Mikula commented, "I will definitely come down. You know. Cause, you know. Another thing too, you passed two raises, I think. Did you not pass…?" Mayor Miller commented, "No we haven't passed anything." Ms. Mikula commented, "OK. But it was in the paper. I did read that. I mean. You know." Mayor Miller commented, "It was in the budget." Ms. Means commented, "There are no raises." Councilmember Moore commented, "Can I clarify? Can I clarify that please?" Ms. Mikula commented, "OK. Cause I'm just saying. You know. I work too. I'm a schoolteacher. I'm not getting a pay raise this year. I have to sacrifice like everybody else. I mean. We know that's just how life is. But, at this time, with Weirton Steel the way it is, this has been a lot of turmoil around in this area. It's a big concern. A lot of people are very, very upset, especially the people that do not make money." Mayor Miller commented, "Well, if their not making money, they're not going to pay anything ma'am." Ms. Mikula commented, "But you're still paying if you're making minimum wage, and if you take $2.00 a week from someone making minimum wages, that's not very, that's a lot of money for someone that's trying to make ends meet." Councilmember Kondik commented, "I make money, and I have to pay it." Ms. Mikula commented, "Well, I just think it's…" Mayor Miller commented, "Councilman Moore has a comment." Councilmember Moore commented, "A couple of points. I'm sure that you've noticed this that's run every day in our local paper for the last two weeks. It's the announcement by the St… 'Notice. Attention Taxpayers. City of Steubenville Income Tax Office. If you live or work in the City of Steubenville, Ohio, and you have wages, rents or business profits, you're required to pay 2% Steubenville City Municipal Tax on all wages, salaries, commissions, da, da, da, da, da. So, those who work in Steubenville for 30 hours a week at minimum wage pay $4.10 a week, no exceptions, no nothing. They pay $4.10 a week. They pay 2% of their gross wages, regardless of where they live. So, if…maybe Weirton's a bargain. The second thing is, as far as the quote, unquote pay raises that our local paper put on the cover. There are five positions that are appointed by the Mayor when he takes office, City Judge, City Manager, Police Chief, City Attorney and City Clerk. City Judge is at a set rate. The other four have rates per Ordinance 1313 including the progression of rates set forth in that Ordinance. The decision on whether those increases have been earned or will be paid lies exclusively with the Mayor, who evaluates his appointments and decides whether they will receive the progression through the ordinance pay scale. Council's mandate is we have to budget for the potential that those salary increases will be rewarded. And, we have followed that responsibility when we sent that budget down state. So, whether they will be awarded, I'm not sure, to date, they have been or have not been, but that is out of our control. We have mandate to budget the money in case the progression through the set ordinance is made for those appointments that were placed in last July or August. That's our. We don't have a choice. We have to allow that they may receive that. If they don't, that money will carryover and roll over into the next fiscal year." Mayor Miller thanked Councilmember Moore. City Manager DuFour commented, "Thank you your honor. A couple of items I'd like to respond to. First. As it relates to me, and I'll speak to myself only. On WEIR Radio, about a week ago, I outright announced and told them to put it on tape. I was favorable reviewed for a step increase February 9th. I did not accept it then. OK. And, I could have readily accepted it, and no, I'm not in the situation like most people in our community who can turn down money. But, be that as it may, I did not accept it and have not, and I would have otherwise been entitled to that, to clear the air on that. Now, I want to turn to the principal issue of Ms. Mikula's question. She seems to have a couple of issues here that are a real problem, and as an educator, I think she has much in common cause with us. For twenty years, they've been trying to figure out in West Virginia how to fund our schools equitably. For as long, if not longer than that, they haven't given the cities any capability to have a dynamic means of funding its own operation. That is why we are stuck with what is distasteful to us, a myriad of fees and other charges that we have to put on taxpayers in order to exist. The first break in this came in the last legislative session with the passage and now signing on April 7th by Governor Wise of Senate Bill 701, which enables some home rule. That is, right for local governments to generate some tax (unintelligible) some dynamic. Unfortunately, the principal item attached to that is you had to have tanked, that is wiped out, your Police and Fire Pension Fund. Weirton has been more responsible. We don't qualify. We can use a sales tax, a 1% sales tax; if we cease to use the B & O Tax the city has which is on financial institutions and utilities only. To get to that point, we would have to have a taxable sales in the city $200,000,000 to break even. It does not represent a very dynamic approach to fund government either. Mixed into this blend is the need to repair streets, respond to storm water requirements coming form the federal government and the state, and do the normal maintenance activities that our residents anticipate. It is not, as I said, uncommon or at cross-purpose with the same situation our own schools face. We are in the same situation. There is no dynamic to any of the rate structures we have. The B & O Tax was called regressive in Wheeling by two senators and two state reps. in a front-page article in today's Wheeling Intelligencer. They see that the B & O Tax will not foster business in that community. We do not have the ability to have a dynamic source. Two dollars per week is not very dynamic. We're not seeing job creation. We rely, like the schools, on real estate taxes. However, the value of real estate is not going up. Witness, most recently the reduction in taxes taken by us all to the tune of one million dollars, relative to the Weirton Steel situation with ISG and/or other bidders. That was a loss of $235,000 to the city, and, of course, the school district got even a bigger hit in the reduction of value. In looking at all of our options, I recommended to Council that we look at this fee as one of the few plausible approaches that we could take to hit a middle ground. The finance director, I'm sure, will be glad to go through with you the entire collection and enforcement scenario. Under our law, the finance director was charged with developing the standard by which the fee would be collected. There is also a penalty clause that is part of the ordinance as well so that, as is happening with Police and Fire Service Fee, we are taking people to court who are not paying. And, we will continue to do that and follow through on that same basis. So, I think it would be useful, indeed useful, if you got a chance to talk to Ms. Means, and I'm sure she can fill in all those blanks and really help." Mayor Miller thanked Mr. DuFour for his comments. Ralph Barone, 1045 Barone Drive - Attorney: Mr. Barone commented, "I just have one thing to count before I start to Councilman Moore's comment about Steubenville's tax. The City of Steubenville doesn't have a $50.00 service fee which started out up at $5.00, went to $35.00, then went to $50.00. Nor does Steubenville have a 50 cents per square foot service fee on businesses, nor do they have a 8 cents per square foot on, not on, religious and municipal buildings. Now, I noticed in the paper, I guess, the Mayor or the City Manager's answered part of it. Regardless of what went to Charleston, it shows that the City Manager's department got a #3,500.00 increase and the City Attorney's office got a $1,836.00 increase. So, regardless, the money is in your budget. So, whether or not, I thought we were to conserve, and then we still want $104.00 per year from the paperboy. That's all the comments I have." Mayor Miller thanked Mr. Barone for his comments. Robert Tate, 220 Denise Drive - Pastor: Mr. Tate commented, "I just want to thank you Mayor and thank you Councilmen for the job that you do here in the City of Weirton. I appreciate it so very much. Also, thank you Mr. Miller for your comments about the family and our children, and I also agree with you. However, I just do have one disagreement, and that's with the LVLs and the City of Weirton. I've sat in on some of the Planning Commission meetings and felt like that there was a little bit of prejudice as far as allowing the businesses to stay at its minimum. There was a contact that was made with the State Lottery Commission. They said that there was no set limit, that 150 feet was a minimum, and we could increase it if we choose to do so. They say in Charleston, the Capital, the State of West Virginia's Capital, that Charleston has a motion for 2000 feet between the establishments. The reason I say this is I have a real heart for the city. I've been here for 17 ½ years. I've been here for quite a while, as well as most of you have. I'm heavily involved in the community. I work with a lot of people, and I can see some deterioration that has taken place just since the establishments have been opened. To say that you can't limit them to 1000 feet because your being discriminatory. Well. The discrimination took place when you looked at the nude bars in Weirton, and said we're not going to allow any more to open up. So, if you look at discrimination, that's part of that aspect as well. I think that you, as the authority of the city, you have the option to choose the course we would have to come into align with that as being the authority. But, I want us to look at our families. I want us to look at the business situation, the economic situation, as far as businesses coming into Weirton. How attractive it is. I just talked to somebody this past week who was informed that they were taking a business that they wanted to open in Weirton to Steubenville that will eventually employ 100 people. I think that would probably well compensate more than the $110,000, $120,000 that we would receive from the LVLs. So, that's my consideration, and I trust that you'll take that. At least develop something within 1000 feet of our churches, 1000 feet of our schools. Even though they're going to the race, children will be involved, maybe not directly. They may not be going to the gambling establishments. Maybe their parents will. I just ask that you protect our city and I want to thank you for this time, for letting me share this with you, my burden, as well as other people in the community." Mayor Miller thanked Mr. Tate for his comments. Mark Lyttel (sp) commented, "I didn't get a chance to write my name on that list, but I'll make sure I'll only take a minute or two of your time." Mayor Miller commented, "Identify yourself." Mark Lyttel commented, "My name is Mark Lyttel, and I live on Marland Heights. I wanted to make a comment about the issue that this lady brought up about the occupational tax. My curiosity was I wanted to know how it's going to affect myself and citizens who live within Weirton's city limits and I happen to work in the State of Pennsylvania, and I wanted to know…I'm already paying an occupational and business tax as it is right now. So, I wanted to know whether or not we're going to be hit double fold as this passes through. Everybody's taking into consideration what's going to happen there." Councilmember Moore commented, "If you don't work in the City of Weirton, you don't pay." Mark Lyttel commented, "OK. The second comment that I wanted to make was about the LVL machines. I've got three children, and, as obviously everybody's already knows about it, and the issue's probably been raised. I just think it's awful sad that you can't even take your kid into the City of Weirton anymore and get an ice cream come. So it just goes to tell you…" (Applause) Mark Lyttel commented, "That's basically the two items that I wanted to make a comment about. Thank you." Mayor Miller thanked Mr. Lyttel for his comments. Councilmember Moore commented, "If we passed an ordinance tomorrow to put 1000 feet between LVLs, LVL establishments, the 80 establishments that are here today wouldn't be affected. We can't touch them. They're here. The only thing that can touch them is this, and every one of these LVL operators signed this when they went to get their license. It's called the 40/80 Rule, and it was mentioned by Councilman Dalrymple. Those that have Class A liquor licenses, beer only licenses, signed this, and it says, 'We will sell 40% of our gross proceeds will be in beer, and 80% of that will be consumed on the premises.' I guarantee you not one Class A liquor establishment that has LVLs in this city complies with this. But, the Alcohol Control Board will not enforce because they say it's a Lottery regulation. The Lottery Board has not enforced it to date. My suggestion to you is that you start to put some pressure on the Lottery Board to enforce their own regulation." James Morocco commented, "So you're basically saying you people here have no power." Councilmember Moore commented, "We can, but we can only affect the future." James Morocco commented, "So, when is enough, enough?" Councilmember Moore commented, "Well, they can shut them down tomorrow, if they enforce their own regulations." James Morocco commented, "I mean you say this doesn't have any effect on our kids. I bring my children…" Councilmember Moore commented, "No, I never said that." Councilmember (Unknown) commented, "Da, da, da, da." James Morocco commented, "I heard. I heard Mr., Councilman Miller say that…" Councilmember Moore commented, "What he said was there are clearly other things that are serious, but…" Councilmember Miller commented, "No. I didn't say that. There are other serious issues that are affecting our…" James Morocco commented, "I want to give you another example. I bring my children up in Steubenville. They live with their mother. I bring them to Weirton. The first thing out of my son's mouths is…" Mayor Miller commented, "Will you identify yourself, sir?" James Morocco commented, "I'm sorry, sir. It's James Morocco. I live on Brightway on Marland Heights. I bring my kids over from Steubenville. The first thing out of their mouths is, 'Dad, this is Little Chicago over here. I can't believe what's happened to this town.' Mark's right. You can't take them to get ice cream anymore. The first thing you see is that beautiful sign you people put up down there, 'Welcome to Weirton, A Steel Town,' and 30 feet later, your casinos. I mean. Are we ever going to get to the point where we sit down and think of things that are good for the community, things where our children can go, or are we just going to keep letting them…? I mean. It's more beneficial right now for me to sell out. I mean, Bruester's. For me to sell out and become a casino. They had people who had to stand in line for a half hour to get an ice cream cone up there. You can't tell me. And, it was more beneficial to be a. It's going to be a chain reaction. You can't tell me these people aren't going to see this and just follow along. And then what happens if the laws change? Then, our town's done? It's abandoned? I mean. I moved from Jefferson County to Weirton, West Virginia, because I read. Mr. Miller had some comments in there not long ago. This is one of the safest communities around. I walk Marland Heights at night, 11:00, with my children, and I feel safe. It's a beautiful community. I love raising my kids here, but I'm afraid of what's going to happen. I really am. I'm truly afraid. I just want you people to know that." Councilmember Miller commented, "I'd like to make one comment and make sure you… (End of tape) moved on to the Planning Commission. We thought we should have addressed it there at the Council meeting." Unknown Citizen commented, "I don't think anybody realized how big it was going to get." Councilmember Miller commented, "Well. By going to Planning, you put it another group's responsibility, and they had to table it, because they didn't have a quorum one month. It delayed it another four months, which allowed additional operators to open up. All right? So. At that time we may have had 55 or 60. Now, we have 80. And, that goes back to when it first came to Council, and they wanted to move it to the Planning Commission to get their opinion, and only two Councilmen voted against sending it to Council, to the Planning Commission. I was one of them. All right? I think, Mr. Dorich, you were the other. Weren't you?" Councilmember Dorich commented, "Yes, sir." Councilmember Miller commented, "And the other thing is, Bruesters is out of business, because they lost money. I'm not defending the lotteries. Trust me. And, the Dairy Queen went out of business, because they were loosing money. The Dairy Queen pulled…" Councilmember Dorich commented, "They went bankrupt." Councilmember Miller commented, "Yea. So. And, these people took the advantage of the locations to put those businesses in." Councilmember Dalrymple commented, "I just want to make sure it's also clear that the reason that there was anything sent to Planning was because that was the procedure that we had to do in order to make sure that, if we were able get somewhere with them, that it wouldn't, or it would make it more difficult, I guess you could say, to be challenged. Because, I guarantee you, if we would have just went and did it when we wanted to, which is what I wanted to do, because I was the one who sponsored it, they would have challenged it before the ink was dry. So, we had to go through Planning, and unfortunately, it didn't work out the way that I would have hoped, and you also, I'm sure." Mayor Miller commented, "Mr. Tate. Go ahead." Mr. Tate commented, "Sir. I would just like to address the issue about us contacting the lottery board. I always thought the authority of the city was the one that should be able to contact somebody on behalf. If you know something…" Councilmember Moore commented, "Oh! I'll be glad to contact them about enforcing the 40/80 Rule." Councilmember Dalrymple commented, "But they need to have more letters from…" Mr. Tate commented, "If you know. If you know it's illegal. If you know that they're not fulfilling the law, that's the function of the city government. It's not on the citizens. I mean. We don't go out and make citizen's arrests all the time. That's the reason we have a Police Department." Councilmember Moore commented, "It's technically a function of the executive branch." Mr. Tate commented, "Pardon?" Councilmember Moore commented, "It's actually the Governor's office to make sure that the laws are executed." Mr. Tate commented, "But they don't know that unless somebody from the city reports what is going on." Councilmember Moore commented, "Well. We'll be glad to report it, because I know all of you have sent letters to us. The more letters anyone gets, the more they pay attention." Mayor Miller commented, "They'll have a letter from the Mayor. I will address it, and I doubt very seriously if it goes very far. But, Councilman Dalrymple had the significant agenda to get something done. That was the only way they could get the established distances, was to go through the Planning Commission. This was done in the City of Charleston. It was done in a couple of other cities. Huntington. Without going through there, your Council could not afford to put it through. So. The relationship is sequence of events, and we didn't get it out of the Planning Commission. So. Enough said. We can't settle anything here. It's an issue. Like I said, it's a double-edged sword. It's going to be around for a while." OLD BUSINESS Ordinance: Second Reading No. 1414: 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. Remained tabled pending results by the Weirton Traffic Commission. Ordinance: Second Reading No. 1415: 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. Remained tabled pending results by the Weirton Traffic Commission. NEW BUSINESS Resolution: No.: TO AUTHORIZE CITY MANAGER TO ACCEPT THE WV DIVISION OF JUSTICE SERVICES DIRECT AWARD, SEEK ADDITIONAL COMPETITIVE AWARD FUNDS THROUGH COLLABORATION WITH HANCOCK COUNTY, AND PROVIDE ASSOCIATED CASH MATCH OF TEN PERCENT (10%) OR AN AMOUNT NOT TO EXCEED FIVE THOUSAND ($5,000.00) RESPECTIVELY FOR PRO OFFICER. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Moore, second by Councilmember Dalrymple to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH SULLIVAN, WARE & HALL FOR GASB 34 ACCOUNTING SERVICES. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Dorich, second by Councilmember Veltri to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH AMCOM OFFICE SYSTEMS FOR THE PURCHASE OF TWO NEW COPY MACHINES. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Dorich, second by Councilmember Veltri to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH ESI EQUIPMENT, INC., FOR THE PURCHASE OF HOLMATRO RESCUE EQUIPMENT FOR THE WEIRTON FIRE DEPARTMENT UTILIZING FEMA GRANT FUNDING. City Clerk Maher advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Moore, second by Councilmember Dalrymple to accept the resolution. Councilmember Kondik commented, "Can somebody explain to me the FEMA grant money. Where's that money from Chief? That's Homeland Security money? The FEMA stands for what? Chief Kole commented, "Federal Emergency Management Agency." Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH PREMIER SAFETY & SERVICE, INC., FOR THE PURCHASE OF PARATECH AIR BAG SYSTEMS FOR THE WEIRTON FIRE DEPARTMENT UTILIZING FEMA GRANT FUNDING. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Moore, second by Councilmember Veltri to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH FIRE FORCE, INC., FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS AND EQUIPMENT FOR THE WEIRTON FIRE DEPARTMENT UTILIZING FEMA GRANT FUNDING. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Moore, second by Councilmember Veltri to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH LAUTTAMUS COMMUNICATIONS, INC., FOR THE PURCHASE OF VHF RADIOS FOR THE WEIRTON FIRE DEPARTMENT UTILIZING FEMA GRANT FUNDING. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Dorich, second by Councilmember Veltri to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEIRTON AND THE COUNTY COMMISSIONS OF HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA FOR THE PURPOSE OF CONSOLIDATING "PUBLIC SAFETY ANSWERING POINTS" INTO ONE CENTRAL OPERATION. Motion was made by Councilmember Miller, second by Councilmember Dorich to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE REVISIONS TO THE 2003-2004 FISCAL YEAR GENERAL FUND BUDGET. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Dorich, second by Councilmember Miller to accept the resolution. Roll Call: Councilmember Miller Yes Councilmember Moore Yes Councilmember Dorich Yes Councilmember Dalrymple Yes Councilmember Veltri Yes Councilmember Kondik No Motion carried by majority, 5/1. Resolution: No.: APPROVING THE PARTICIPATION IN THE NORTHERN PANHANDLE HOME CONSORTIUM FOR THE PERIOD OF JULY 01, 2004 TO JUNE 30, 2005. Motion was made by Councilmember Kondik, second by Councilmember Moore to accept the resolution. Motion carried by majority, 6/0. Resolution: No.: APPROVING THE RELEASE OF WODA DEVELOPMENT AND CONSTRUCTION, INC.'S IRREVOCABLE STANDBY LETTER OF CREDIT FOR CONSTRUCTION FOR HEATHERMOOR SUBDIVISION LOCATED AT LINTON LANE AND APPROVING THE ACCEPATNCE OF A NEW BOND. Motion was made by Councilmember Dalrymple, second by Councilmember Moore to accept the resolution. Councilmember Moore commented, "I assume this comes with Development's recommendation." Mayor Miller and Mr. Riccelli replied that it did. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH STEPHENS AUTO CENTER FOR THE LEASE/PURCHASE OF THREE (3) POLICE CRUISERS UTILIZING STATE BID PROCEDURES AND PRICES. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Dorich, second by Councilmember Veltri to accept the resolution. Councilmember Kondik commented, "Which bank are we using, or which finance company are we using, and what rate are we paying?" Ms. Means commented that the bank was Wesbanco, and the rate was 3.95%. Councilmember Kondik asked if that information needed to be included in the resolution. Ms. Means replied that it did not. Motion carried by majority, 6/0. Resolution: No.: TO AUTHORIZE CITY MANAGER TO MAKE APPLICATION FOR AND ACCEPTANCE OF THE WEST VIRGINIA GOVERNOR'S COMMUNITY PARTNERSHIP GRANT. Motion was made by Councilmember Moore, second by Councilmember Dalrymple to accept the resolution. Motion carried by majority, 6/0. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS There were no appointments. ADMINISTRATIVE REPORTS Police - Chief D. Lance Scott Chief Scott commented, "This past week Steubenville Police Department had hosted a class by the Drug Enforcement Agency at the Holiday Inn on Three Springs in Weirton. Even though the officers have all of their certified hours, there were nine officers that decided to go and become involved in that. With that, I've been in contact with Sergeant Stead and Sergeant Marshall, and we are looking into starting a program for highway drug interdiction. Other than that, I'd like to thank Council and the citizens for their support for the loss of our canine and for the donations they made to keep their canine division operational." Mayor Miller thanked Chief Scott for his report. Fire - Chief Kessler Cole Chief Cole commented, "Mayor and members of Council. May 30th, we had a Regional Response Training Seminar that was held at Starvaggi's Pool. I'd like to thank Terry Weigel for the parking lot. We had roughly seven departments from the northern region of West Virginia. It was well attended. We had quite a bit of equipment. Also, the Fire Department's in the process of trying to obtain, free of charge to the City of Weirton, some equipment through the State of West Virginia." Councilmember Dorich commented, "Chief. I have a question. As you know at the Finance Committee, I don't know whose responsibility it was. Was it you or was it Ms. Means that we got the agenda 5 minutes before the meeting started? Was it your fault, or was it her fault for getting it out." Ms. Means commented, "No. In your packet that went out on Monday. The regular packets go out on Monday. If we don't have all of the information, because sometimes it's not all ready on Monday, we put that notation in your packet that the information will be forthcoming. These resolutions for some of these spending on this had not been completed until right before your meeting. I mean. We try to get it done as quickly as possible. But, yet, just because something didn't go out on Monday, we don't want to remove it completely from the agenda. So. I do apologize. Sometimes there are things that are given to you at the last minute, but we don't want to remove them from the agenda all together." Councilmember Dorich commented, "OK." Mayor Miller thanked Valerie for her comments and Chief Cole for his report. Public Works Department - Brae Bryant Mr. Bryant commented, "Mayor and members of Council. I would just like to announce that last Thursday, 23 members of the Public Works Department attended the Chain Saw Safety Seminar sponsored by the West Virginia Technology Transfer Center. We've been advocates to try to get this seminar up in our area for the last three years, but it just wasn't cost effective to do so. We looked at having a trainer come in. It was at $3,400.00 a training session. We attended, sending 23 members, and it cost us $460.00. I would also like to thank the Weirton Transit and Curt for providing us with a bus and driver. So. I just wanted to make that acknowledgement." Mayor Miller thanked Mr. Bryant for his report and Mr. Hinchee as well. Code Enforcement - Rod Rosnick Rod Rosnick reported, "I don't have anything to add to the report submitted." Economic Development Directory - Robert Riccelli Mr. Riccelli reported, "Mayor and Councilmen. I'd like to report that last Wednesday, I traveled to Charleston to attend the bid opening, the contractor's bid opening for the state office building. To our delight, there were nine bids that were within the state's budget, at least the general budget that went out. At this point, there are about three or four administrative processes that the state will take the bids through. First of all, they need to find out if they meet all the criteria. Then they move on to some other certifications, and eventually to the Attorney General's Office, and eventually the contract. That can take 30 days or longer. They continue to say they are trying to fast track it. It's just to let you know that the process moves forward." Mayor Miller commented, "It would be safe to say. I'll put words in the Mayor's mouth. We'll have groundbreaking in June of this year, 2004." Mr. Riccelli reported, "We will have groundbreaking." Mayor Miller commented, "I'm looking at June. We're going to make it. We're going to make it Bob." Mary H. Weir Public Library - Rick Rekowski Mr. Rekowski reported, "I have an announcement that next week, April 19th through the 26th is the celebration of National Library Week. It is the opportunity every year to celebrate the significance of the American Library in our communities. For the Mary H. Weir Public Library, our library will be celebrating this event weekly, and providing an amnesty period for everyone who has a fine on books here at the Mary H. Weir Public Library. Not to imply that you have a fine here at the Mary H. Weir Public Library, but we would like to invite all of our leaders and our community to visit the library and to use the library. And, there is not excuse for anyone to have a barrier to use this library, and in terms of a fine, please come back and use the library." Mayor Miller thanked Mr. Rekowski for his report. Parks and Recreation - Terry Weigel Mr. Weigel commented, "Last year, the State of West Virginia enacted legislation that required all pools to have access to a Certified Pool Operator through the National Pool and Spa Institute. It's nice to report that the City of Weirton now has three Certified Pool Operators on staff. We just received notification that two additional personnel have received that. I believe that's the most of any city in the State of West Virginia that has on staff. Of course, in a few months, we have three pools open. You can see why we need to have that there." Councilmember Moore commented, "Terry. We've talked a couple times about obtaining financials for the City Council's packet. We have another Council packet with no financials from the Park Board in it. The city provides half your funding. I want on record that we have financials in our next packet." Mr. Weigel commented, "Yea. Just tell me what you want." Councilmember Moore commented, "All of them." Councilmember Dorich commented, "All of them." Councilmember Moore commented, "I mean. I want. I want revenue and expenses for the entire year, a projected budget." Mr. Weigel commented, "Similar to what you got in your packet for the…?" Councilmember Moore commented, "…city." Mr. Weigel commented, "OK." Councilmember Moore commented, "We get a budget from the city. We get a line item budget from the city by department." Mr. Weigel commented, "OK. Councilmember Moore commented, "I'll come over. I'll pick it up, and then I'll get around to the other Councilmembers, and we'll get back to you. But, we want it all." Mayor Miller thanked Mr. Weigel for his comments. TREASURER'S REPORT Valerie Means provided the Treasurer's Report for March 2004: Beginning Cash Balance: $268,385.95 Voided Checks: $794.15 Interest on Checking: $324.27 Deposits: $1,277,045.31 Disbursements: ($1,092,410.10) Deposits to Investments: ($0.00) Ending Cash Balance: $454,139.58 Beginning Investment Balance: $722,816.00 Ending Investment Balance: $722,816.00 Petty Cash Fund: $700.00 Total Cash / Investments Available: $1,177,655.58 Motion was made by Councilmember Dorich to accept the administrative reports, the treasurer's report, and to approve the payment of the bills. A second was made by Councilmember Dalrymple. Motion carried by majority, 6/0. ADJOURNMENT With no further business before this April 12, 2004 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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