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WEIRTON CITY COUNCIL COUNCIL MEETING - REGULAR SESSION May 10, 2004 7:00 P. M. A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on Monday, May 12, 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 Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Steve Dorich Councilmember Ward 1 Dave Dalrymple Councilmember Ward 6 George Kondik Councilmember Ward 5 Councilmembers not in Attendance: Frank Veltri Councilmember Ward 7 City Officials in Attendance: Brae Bryant Public Works Director Chief Kessler Cole Fire Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Valerie Means Finance Director Rick Rekowski Mary H. Weir Public Library Director Robert Riccelli Economic Development Director John Serafini Building Inspector Chief D. 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 Dorich and second by Councilmember DeMasis to approve the minutes of the: April 12, 2004 - Regular Council Meeting April 20, 2004 - Special Council Meeting The motion carried, 6/0. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller commented, "This evening we have four third grade students from Weirton Heights who are here to receive awards, and we are certainly delighted to pass out these awards. I feel your family, as well as your teachers and schools, along with the community is proud of your accomplishment. I'll read out the names. I'd like for the four young ones to stand up by the podium as I read the proclamation, and then we'll announce their awards." Mayor Miller asked Kristen Mastrantoni, Karly Mullens, Nala Colliers, and Lydia Taylor to approach the podium. Mayor Miller commented, "All of these individuals won the local, regional and State competition for the Daughters of the American Revolution's Junior American Contest. Their posters have been sent to Washington, DC for the national competition. However, Lydia was in the Young Writers Contest. She won in the county, and her essay has been sent to Washington, DC for national competition. All of your awards read the same." City of Weirton Mayor's Award In grateful recognition of your performance by winning the entry-level local, regional and State competition for the Daughters of the American Revolution's Junior American Citizens contest. This expression of our pride in your accomplishment and our appreciation for the fine publicity you have brought to our community deserves this special recognition and this award. By the Mayor: William M. Miller (APPLAUSE) The Mayor presented the awards, and Ms. Mikula snapped photographs. The Councilmembers then congratulated the children. (APPLAUSE) Mayor Miller commented, "The fifth award is to Spencer Thomas who won $500.00 from the West Virginia State Police Chief's Association for writing an essay on Drug and Alcohol Abuse. Spencer goes to St. Joseph's School." The Mayor presented the award to Mr. Thomas and asked Chief Scott to participate in the presentation. City of Weirton Mayor's Award In grateful recognition by winning First Place at the West Virginia State Police Chief's Essay Contest regarding Drug and Alcohol use. This expression of our pride in your accomplishment and our appreciation for the fine publicity you have brought to our community deserves this special recognition and this award. By the Mayor: William M. Miller Photographs were taken of the Mayor and Chief Scott as they presented the award to Mr. Thomas. The Councilmembers then congratulated Mr. Thomas. (APPLAUSE) Mayor Miller commented, "The last award that we have is in recognition of one of our fighting forces who just came back from Iraq. I think we should all salute him, and we thank you for your honor and dedication to the country. The City of Weirton resolution reads." City of Weirton Resolution WHEREAS, our community has a continuing sense of gratitude to those veterans who have given so much in the defense of the freedoms, which we continue to enjoy; and WHEREAS, we gratefully acknowledge that we live in freedom today because of the many sacrifices that have been made and are being made today, by the valiant servicemen and women in the Armed Forces; and WHEREAS, our veterans deserve and merit our continued appreciation for the sacrifice they have made for freedom and the American way of life. NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia would like to thank Lawrence D. Gaston for serving eleven months in the Iraq conflict and keeping us safe from harms way. IN WITNESS WHEREOF, I have Hereunto set my hand and Caused the seal of the City Of Weirton be affixed this Tenth Day of May, 2004. (SIGNED) William M. Miller (APPLAUSE) Mr. Gaston approached the podium, and Mayor Miller presented the award to him. The Councilmembers then congratulated Mr. Gaston. COMMUNICATIONS Councilmember Dorich questioned the number of meetings that a Councilmember could be absent from and how it would affect their payment. Councilmember Kondik commented that it did not require any motion and that a Councilmember was allowed up to six meeting absences in a row before they would not be paid. Mayor Miller announced that there would be a meeting this week to decide the fate of the Purdy Lane Wall. He stated that the City has had two engineering studies done, and an analysis would be presented, so that the City could determine what to do. Mayor Miller announced the beautification and clean up of the City is continuing and will probably continue for the next two to three weeks. Mayor Miller announced the mini festival is coming along well, and that Councilman Miller would talk about that. He also stated that we had a visit today from Rotary International District 3830 from the Philippines, and Councilman Kondik would talk about that. Councilmember Miller commented, "The Renaissance Weirton Committee in conjunction with the City has decided to have a mini festival in the downtown area the day of the Fourth of July parade which is held on July 3rd this year. It will begin immediately after the parade and go until 9:00 that evening. We've done a little publicity on it. So far, we've had a release, a small release in the paper last week, and today I spoke this morning at 8:00 on WEIR Radio. Plans are going very well. We don't even have the registration forms ready to go to the public, and we already have 10 or 12 people that want to participate, organizations. Our entertainment for the day, I've scheduled about 4 already. It will be in a two-block area downtown, from Marland Heights Road to Purdy Lane/Cove Road on both sides of Main Street. We hope everyone enjoys it. I hope everyone participates. We'd like to have all fraternal, religious, schools, booster clubs involved. We're going to have some cake eating contests. Gus's Goodies will provide the cake. We're going to have some good fun. We've got a lot of games planned. Curt James is coming with his games for the kids. We've got To Cheer You Up Industries bringing in a spook house with Sesame Street characters. It's a blow up that's 23 feet wide and 32 feet long that the kids can walk through it and have a good time. And, we'll have games for all ages, for the elderly. We hope you all enjoy it. It's really been received well so far in the community, and we have a lot of volunteers. We're going to need a lot of help, but it's going real well. Thank you." Councilmember Kondik commented, "The Rotary Group International Exchange Team visited Weirton today. Actually, they have been here since Saturday. The City provided a tour of the City building, the Millsop Community Center and the library today. I'd like to thank everybody that participated, and I'd like to invite Council and the Mayor to Vic Greco's after the Council session tonight for an exchange party with the team." Mayor Miller commented, "They are a very enjoyable group and very articulate. Most of them have science degrees. Do you have the brochure there?" Councilmember Kondik commented, "I can pass the brochure around to show everybody who they were. It's a yearly thing that the Rotary does. We send from the District of West Virginia, we send a team to the Philippines, six non-Rotarians and a Rotarian leader. It's an exchange team, and they learn our culture, and we learn their culture. It's very educational." Mayor Miller thanked Councilmember Kondik. CITIZEN COMMENTS Mr. George P. Gvoyich, 179 North 24th Street: Mr. Gvoyich commented, "I hope you don't mind if I sit down, because I have a problem with reading, and I have to use two pair of glasses." Mayor Miller commented, "That's OK." A chair was moved to the podium for Mr. Gvoyich. Mr. Gvoyich commented, "I first have a couple of questions in regards to the article that appeared in the Weirton Daily Times on Saturday, and the CDBG grants going to the Sheltered Workshop. My questions are how much has the Workshop requested, and has it been outlined as how the money is to be used. The other question I have. In the article it says, 'so and so also explained the funding goes to the Workshop itself, not to the Board, and the Mayor would have no say in the final use for the money. The Mayor has no decision making duties on the Board.' It also stated, 'The only reason Mayor would be voting on the budget is if there are, if there is a tie vote.' That part I understand. The part I don't understand is 'the funding goes to the Workshop itself, not to the Board, and the Mayor would have no say in the final use for the money.'" Mayor Miller commented, "I'll have CDBG Facilitator answer any of your questions. She's in the back of the room Mr. Gvoyich." Mr. Gvoyich commented, "What I'm saying is as you as president of the Board of Directors of the Hancock County Sheltered Workshop would have nothing to say about the distribution or, or, or…" Mayor Miller commented, "We're not discussing the issues of myself and the Board. We're discussing CDBG funds that go to the Workshop. They've gone to the Workshop for the past eight or so." Mr. Gvoyich commented, "But again, I have a question. The statement that you as a member of the Board of Directors of the Sheltered Workshop would have no say whatsoever in how these CDBG grants are used. Am I wrong?" Mayor Miller commented, "Yea. You're right. I don't, because the request for the funds came through the CDBG, and it's earmarked that way. Mr. Gvoyich, I'm not sure of your point, but go ahead if you would." Ms. Gaughan commented, "My name is Beth Gaughan, and I'm the CDBG Administrator. Essentially, the question that arose in that meeting that the article was based upon was that isn't there a conflict of interest that our Mayor serves on the Hancock Sheltered Workshop's Board. I addressed this with HUD. Because the Mayor does not have any financial interest with the decisions of that Board, the conflict of interest regulation does not apply. That's according to the Federal Code of Regulations 570.611." Mr. Gvoyich commented, "OK. I don't understand it, but thank you. Anybody else that doesn't understand it? I don't." Ms. Gaughan commented, "Because he does not get paid by that Board to serve, there is not conflict of interest. He does not benefit by serving that Board. He is simply a volunteer. These grant funds never see…He never gets checks from them or anything like that. That's what I mean by financial interest. He's simply a volunteer." Mr. Gvoyich commented, "I won't take up any more time on that question. Before I begin, I want to make it perfectly clear. I speak for no one but myself. I speak as a taxpayer of Hancock County. My name is George Gvoyich. I am a lifelong resident of Weirton. I'm retired from Weirton Steel Corporation. I served four terms of the West Virginia House of Delegates. I served eight years on the Hancock County Commission, four of those years as president of the Commission. I served nearly twenty years on the Board of Directors of the Hancock County Sheltered Workshop. I began my service to the Workshop in 1971, then known as the Weirton Council for Retarded Children. I began as an Assistant Boy Scout Master for the Council and worked as a volunteer on many projects including fundraising. We sold raffle tickets, three for a quarter, and gave donated cans of food as prizes. We were barely surviving. The facility was located at Mildren Avenue and was approximately 5,000 square feet." Mayor Miller commented, "Pardon me for a minute Mr. Gvoyich. Is this about the Sheltered Workshop and some issue you have with them? I'd direct to you that you go before the Board of the Workshop." Mr. Gvoyich commented, "No. This is…I'm just explaining my background with the Sheltered Workshop going to the point that I'm going to oppose also the operating levy for the Hancock County Sheltered Workshop. I need my reasons." Mayor Miller commented, "Well, how about just giving your reasons why you're for or against this." Mr. Gvoyich commented, "Well. I want to give the background for the people that don't know that I'm not just somebody that just came in out of nowhere opposing the Sheltered Workshop Operating Levy. I want them to know I was there from the very beginning, and all the things I have done and gone through to get the Workshop to where it is. It will only take about two minutes." Mayor Miller commented, "Go ahead." Mr. Gvoyich commented, "Thank you. After being elected to the West Virginia House of Delegates, I was asked to join the Board of Directors of the Weirton Council for Retarded Children, which I happily agreed to. After being on the Board for a while, it was determined that the facility was too small, and we could not continue to operate with no stable or secure funding. We began searching for a new facility that would serve our needs by beginning to have our clients do work and be paid for it, and so the Workshop could become self-sustaining. We spoke with several business and community leaders and were promised the land free of charge. We then obtained information and estimates on the cost of a new building. The estimates came to approximately $250,000. I then contacted the West Virginia Attorney General for the opinion as to whether the County Commission could place a levy on the ballot for funding for the construction of this project. The Attorney General responded that it was allowed. The Commission then placed the issue on the ballot. It was passed. The promise for land did not materialize. We then had funding for a new building and no land to put it on. The present facility, known as the Lowblaw Building was sitting empty and brought to my attention by a friend and parent of one of the clients of the Workshop. We agreed it would be a great location for a Workshop, being centrally located in Hancock County, along with a large enough building and plenty of parking. I then began looking into purchasing the property and found a bid had been made on it. I was dealing with a real estate agent in Pittsburgh. All of…on behalf of the Board of Directors of the Sheltered Workshop, I was authorized to bid a few thousand more, and I did, which was accepted by the owners. Our problem then was the levy that was passed was for new construction only. I then met with the Workshop Board of Directors and proposed we approach the County Commission and ask that the levy be placed on the ballot again with the wording new construction or an existing facility. The Board did not think the levy would pass again, because people would think they were voting for additional taxes. I said I believed that if we educated the public with enough information, it might pass, and we did not have any other options at that time. The levy was placed on the ballot again, and the good citizens of Hancock County passed it. We then purchased the facility. After purchasing the facility we needed hundreds of thousands of dollars for repair, remodeling and equipment. I then began working with late Congressman Bob Mollohan. He was greatly helpful, and assisted us by obtaining hundreds of thousands of dollars in federal and state grants that met our needs. Bob Mollohan was a great Congressman to all the people he served and a true friend to the handicapped, as is his son, Alan Mollohan, our present Congressman. Then Governors Rockefeller and Caperton were also very helpful. During my years as a member of the Board of Directors of the Sheltered Workshop and as an elected official, I was responsible for obtaining hundreds of thousands of dollars more along with much needed equipment to make it the finest Workshop in the state of West Virginia. I was instrumental in drafting the original levy, the workforce passes, and paid for advertising personally. I've done this quite a few times. I have done a great deal of work and spent much time on behalf of the Workshop. The Workshop and its clients are very near and dear to my heart. I've got another page and a half. The reason…" Mayor Miller commented, "George. George. Just get to the bottom line." Mr. Gvoyich commented, "I'm getting to it." Mayor Miller commented, "It doesn't have anything to do with…" Mr. Gvoyich commented, "If you want to shut me up, just tell me!" Mayor Miller commented, "OK. Then. I'm going to shut you up." Mr. Gvoyich commented, "All right. Thank you." Ralph Barone, 1045 Barone Drive - Attorney: Mr. Barone commented, "My name is Ralph Barone. I'm from Weirton, West Virginia. I'm an attorney in Weirton. I just had a question concerning the article that appeared in the Sunday Weirton Daily Times, 'Council To Consider A Tax District For Your TIF.' That's tax increment financing. To have tax increment financing, of course, as I understand it, you've gotta have money so you can lend it out. Therefore, uh, the money uh, where the city would be uh, reimbursed by taxes on the uh, prior to the uh, development. And, I…my concern was, we've all complained about we don't have any money. We're going to tax the paperboy. We're going to tax the hamburger flipper. And, now, all of a sudden, we're going to find money to put people in business. I'd just like to find out where the money's coming from and how we're going to do it." City Manager DuFour commented, "If I could Mr. Barone?" Mr. Barone commented, "Sure." City Manager DuFour commented, "And, I quite understand your point. It can be a bit confusing." Mr. Barone commented, "Yea." City Manager DuFour commented, "The object of Tax Increment Financing District in legislation approved by the state is that the properties that would be part of a district would be taxed at the rate at which they exist now, prior to development." Mr. Barone commented, "I understand that." City Manager DuFour commented, "You would issue bonds and debt for improvements such as streets, water systems, so on based upon the improvements that are placed there. Those funds, when they equate to the extra real estate tax dollars they pay, would go into an account to defease the cost of those bonds or pay the bonds. So, that is where the revenue would come from to fund the bonds for the improvements to that district. So, there would not be a direct allocation of city funds." Mr. Barone commented, "Well, the Weirton city taxpayer's going to have to guarantee those bonds if they go belly up. Right?" City Manager DuFour commented, "Any bond is like that. Yes." Reverend Robert Tate, 220 Denise Drive - Pastor: Reverend Tate commented, "Mayor and Councilmen. I just want to say thank you for a great job you are doing in the city, and I appreciate your labor for the citizens of Weirton. Again, I just want to talk about the gambling issue here, the LVLs in Weirton. I've been doing further research on this issue. I'm just finding the negative impacts that casino gambling has in a particular location. Just reading some statistics from different states. The crime rate rose three times its normal rate. Other cities found that in fact the evidence of spin-off of the benefits of casinos wasn't actually producing anything. In fact, there was a $239,000,000 net loss for local economies, which also included the tax revenues as gains. Gambling related personal bankruptcies surged over a thousand per year. Thefts and other crimes roughly doubled in different towns and cities. Divorce rate in one particular city rose 250%. Calls, crisis calls to local women's shelters doubled. Total violent crimes rose from 5,072 to 7,413. These are the things that I think that we as citizens and also leaders of this city have to look at. It's not the fact that there's revenue that's coming in. These casinos. What kind of effect are they going to have on our families? I've heard of stories already of where families have separated. Men have lost work from their job, which affects their local economy itself, and then various things are taking place. This is the heart of Weirton. I moved here in 1985, and I found that Weirton was a great community of loving people. And, Weirton is in my heart. I've stayed here for 18 years because I love this city. I don't want to see our families destroyed. I want to see us grow, and I want us to be prosperous. And, I don't think these LVLs are the answer that we're looking for. Maybe we don't see the crime that I mentioned in this particular report, but I have others as well. But, I think maybe this is just a honeymoon state, so that later on, as addiction becomes greater, then what's going to happen is that the economy is going to start falling apart. We can't base part of our budget, trying to get the money, as well as the state, on the monies that gambling is going to bring to us. So, I plead to you, because you make the decision. Count the cost. Count the cost of our families. Count the cost of our economy, and say, 'Is it worth it.' There's already, from my knowledge, from Thursday, 96 operating businesses that have these machines in them. How far are we going to go? How many more are we going to allow? The best thing that we can do is…I know that we can't do anything about what's established, but please think about setting some greater distance, so there is a limit. I don't want Weirton to be just a gambling casino city. We want to be a prosperous city, and I trust that you will take these comments into consideration, and make the right choice. By the way, I do pray for you daily. Thank you." Mayor Miller commented, "Thank you reverend. I think we all need prayers, especially Council and the Mayor. So, thank you for your comments." Reverend Nathan Gragg - Pastor: Reverend Gragg commented, "Thank you Mr. Mayor and Councilmembers. I have to admit from the outset that standing and talking before you makes me more nervous than standing and preaching for a whole congregation on Sunday morning." Mayor Miller commented, "I can't believe that." Reverend Gragg commented, "I promise that I didn't come here tonight to preach to you, but to plead with you. Just like Pastor Tate has said, this is an issue, this issue of gambling and video lottery is something that weighs heavily on my heart, and I come to you this evening to plead as well. I particularly have a special concern for this issue because part of my call, part of my vocation, is to speak out for justice, to speak out for the vulnerable, to speak out for the poor, to speak out for those who have no one else to speak for them. And, I think this issue is in particular, one where the poor and the vulnerable and the great good of justice is suffering in our city, because everyone knows that it is the folks who are looking for a leg up that most predominantly visit casinos, wager unrealistically, and suffer consequences. And, as leaders of this community, I would hope that you would be looking out for those people, and being careful of the opportunities that we're providing, because part of the responsibility of any leaders of a new community is to take care of those who are vulnerable. This issue does not just come down to personal feelings. I know a lot of people have talked about it simply being a moral issue, and sometimes morality can't be the number one standard. But, this is not just simply an issue of morality. It is an issue of justice. It's an issue of the social and financial future of our community. Unlike Pastor Tate, I've only been here for a couple years, but even in the couple years that I've been here, I've seen some changes, and they're changes that sadden my heart. The changes that will continue to happen in this community, I think, are inevitable if gambling continues to be part of our future. Pastor Tate has given you a few stories, and the information is endless as to how gambling has negative consequences on our community. If nothing else, I really call for the City Council to do something. Your actions have a practical impact, but they also have a symbolic one as well. I hate to think that the City of Weirton would take no action on the issue of limited video lottery in our city. By taking no action, essentially you are saying that the growth of the limited video lottery industry in this city is more important than protecting schools, protecting churches, protecting the vulnerable, protecting those in our community and those that come into our community. I plead with you to take some action to say something to the people of this community that you care about the consequences that this issue will inevitably have. No action means consequences. I think that this is a critical moment in the history of the city, and that you're at the helm means that you have a wonderful responsibility and a terrible responsibility to do the right thing. So, I plead that you will do the right thing. Think about the future of our city. Think about the consequences that the limited, that the video lottery industry growing unchecked in our city will have. And, like Pastor Tate, I pray that you will do the right thing today, just like I do that you do every day in this great task of leading our city that you have. Thanks." Mayor Miller thanked Reverend Gragg and commented, "I hope that most of the citizens, as well as the clergy, understands that the LVLs are a by-product of our state government. They legitimize it. They were able to proliferate it throughout the counties and cities, and the cities have no jurisdiction in relationship to other than keeping them apart if they do pass through the Planning Commission a total distance between these particular LVLs, as well as the distance away from churches and schools. Council did try to work out an arrangement with our Planning Commission, and it did not get anywhere. So, in relationship to that, I don't know how City Council or the Mayor can do much to stop the proliferation of these LVLs. If they're licensed by the state, then how do you stop them? The only way you can stop them is primarily thorough getting some type of zoning, and we haven't been able to do that. For your information, there are perhaps 82 businesses licenses issued to these particular type of individuals. I believe there's only 69 in operation right now within the city. Private clubs are allowed to have 10 machines, whereas other clubs or businesses are allowed 5. So, that means in substance, you'll have 400 to 600 machines operating throughout our region. And, most of it is on Main Street, and then up Pennsylvania Avenue. I believe one of the Planning Commission People gave us some information on that that says 80% of them are located on Main Street and all the way up and down Pennsylvania Avenue. How much is enough? I can't tell you. It's redundant. But, they are businesses, legitimate businesses. I don't know what can be done to stop them. So, we have tried to perhaps limit them, but haven't got anywhere. With that in mind, I'll just pass on. If there's any comments from Council People up here, I think it's an issue that should be looked at. Go ahead Mr. Steve Dorich." Councilmember Dorich commented, "Both of you people are pastors of a flock, and I want to say this. Tomorrow is Election Day. Remember who voted those people into office. That is the way to get rid of them. Don't come to see us. We have tried our darndest to get rid of some of these places. We have challenged them. Some of the remarks is, 'A church is sitting on a corner.' That church shouldn't be there. It was built in 1908. This I don't like, but tomorrow when I go into the poll, I will say, 'this is it. I don't want this. I don't want this establishments in my town.' They're ruining it, but at the same time, they're cleaning it up. They're cleaning it up. Thank you." Councilmember Moore commented, "One thing I want to say, and excuse me for my voice. There's a misconception the city's accumulating incredible revenue from these establishments. The truth is, less than 1% of our budget revenue is from the LVL establishments. The city gets relatively none of the proceeds. So, we're not endorsing them to collect a windfall. We get more than 3 times as much from that, from the counties share of Mountaineer than we do from the LVLs in the city. And the second thing I have to say is in agreement with Councilman Dorich. South Carolina put video poker machines, legalized them, probably a decade ago, and after 4 or 5 years their state legislature voted them out. They saw the problems that came with them, and voted them out. But, that is clearly where the responsibility lies, is at the state level. The state has legalized these, endorsed these, collects the majority of the revenue from these, you know, funds the Promise Scholarship to try to justify these. But, tomorrow is Election Day. Tomorrow is the day to let your voice be heard on the state level. They're the group that put the procedures in place to allow video lottery to happen. Now, in the end, I mean, even if we did enact code and regulations. Even if we did enact distances, in the end, there'll be 80 odd establishments in this city, until or unless the state revokes the ability for them to be legal. So, again, my suggestion, along with Councilman Dorich, is let your vote be heard at the ballot box." Mayor Miller commented, "Or, write your state legislators, the senate, the state senate, those in the House of Delegates. I have answered, probably 40, received over 150 letters. I have answered 45 of them, and basically stated that. It's a legalized business in the State of West Virginia, and the only way that you can do anything is to go through your state government to see if they can, perhaps, reverse the decision. That happened in South Carolina. But, to come out and blame City Council, as well as the Mayor, for something that's taken place in our state's legislature, there's not much we can do about it. We're pretty well handcuffed." Councilmember DeMasis commented, "I just want to mention one thing. I understand where you gentlemen are coming from. Believe me. But, perhaps something good will come out of this. Perhaps we learn a lesson. Maybe some people will start learning a lesson. You have to hit something when it's an embryo. That's when you hit it. That's when there's no defense to it, and we had it here. We had it here, across the street at the VFW hall, where we had a crowd. We had all our local legislatures there, and they said 3 or 4 days from then, it was coming up in Charleston. Come down to Charleston. It's coming up before the legislature to vote on. This is when you attack this embryo. Nobody went. Now you pay the consequences for sitting back and not paying attention. You gotta, have to pay attention. Now we have something here, and I honestly believe, it won't be long. It'll start thinning out. I honestly believe that. What makes me believe that? I don't know. But, I honestly believe that that will happen, and we'll get back where we should be. And, I think, then you'll be more relieved. We can go around this thing. Just stick with us, and give us a chance. It's tough, but we like it that way, and I'm sure you do too." Reverend Tate commented, "Sir, I'd just like make one comment on that, and that's going back to you have to attack it when it's an embryo. And, I know that table gambling is an issue. I've read articles in the paper. Bob Wise switched to the fact that he wanted table gambling into our, that he would vote for, he would say OK with that. So, what are you doing as far as protecting us from table gambling? Because, they're going to say, 'Well, you know. We're not going to have that.' But, it's coming." Councilmember Moore commented, "We have being considered right now. I have sent an email and they are considering legislation, zoning legislation, to restrict any table gaming to two physical areas of the city only. It's being reviewed, and it probably will be presented as a resolution at the June meeting to send to the Zoning Board. So, we are looking. This horse is out of the barn, but we are preparing for the next horse." Reverend Tate commented, "Why two? Why can we not have any? (Laughter) Councilmember Moore commented, "Well. That again is up to you, because, as I understand it, it will be a referendum. It will be a Hancock County Referendum. It the referendum fails, there won't be any. We're preparing for the fact that that referendum passed, and therefore we have some control. I mean. That's all. When the state, you know, comes down, and issues the edit, all we can try to do is have some control. And, we're trying to learn our lesson from not having any control on LVL to, if that passes. I'm not saying. I am not issuing an endorsement or an indictment. I'm just saying. I am preparing for the day, because it is the next progression. It would be the next logical step is if table gaming took place. This Council will address that, and it is being worked on." Councilmember DeMasis commented, "Believe in your Police Department." Reverend Tate commented, "I believe in the Police Department, but the casinos are still operating illegally, because they're not selling the alcohol as they are. What's happening with this issue?" Mayor Miller commented, "I think if you get in and read the state regulations on what's going on with the ABCC, because the Lottery Commission and ABCC controls it all. I believe some of the Council have gotten into this. We've gone back, and as far as we know, I believe, all of them except for two are perhaps operating illegally. So, again, it's a matter between the ABCC and Lottery Commission to enforce the rules and regulations. It's nothing that we, as Council and the city, can do. That's their regulations. That's whose regulations they operate under, and essentially we're kind of like outdoors." Councilmember Kondik commented, "Just a comment. Reverend Tate, you and I have been friends since, I think, day one when you came to town. The problem here is not the LVTs the lottery machines. I don't play them. I mean. Do I frequent them? Do I go there? Yea. I go there, but I don't play them. But, you know what? Last month it cost me almost a hundred bucks in raffle tickets and sponsoring whatever for gambling. Those are the things that you have to worry about, gambling per se, not just the video lottery machines. If you want to stop gambling, you gotta start at my church, where I just bought a lottery ticket for twenty bucks. That's where it starts. Those little five dollar, ten dollar scratch, or uh, things from your church, the bingos, whatever. It's not just the video lottery machines. For the first time in 35 years. Excuse me sir, but this is the truth. It's twenty bucks out of your pocket this month, twenty bucks out of your pocket next month for a raffle ticket or whatever. The little league's giving away or whatever, and you're buying whatever. You know. It's all a gamble. It's all a gamble. But, for the first time, like Councilman Dorich said, like Councilman DeMasis said, it's cleaning up downtown. It's making downtown look a little bit nicer." Councilmember Dalrymple commented, "First of all, you cannot compare a limited video lottery business with a little league raffle. Period." Councilmember Kondik commented, "It costs you money either way you look at it." Councilmember Dalrymple commented, "Whatever. It's not the same thing." Councilmember Kondik commented, "It costs you money either way you look at it." Councilmember Dalrymple commented, "It's not the same thing. We can argue about this for an hour and a half." Councilmember Kondik commented, "It's the same thing. Gambling is gambling." Mayor Miller hammers gavel. Councilmember Dalrymple commented, "Did I say your name? No. So, I'm looking at the wall over there too. Anyhow. I agree also with the symbolic effort. Yea. It's a little too late now. We have way too many machines in here. We've been trying to beat this dead horse since last summer to get something done about it, and everyone says, 'it's too late. It's too late. It's too late.' And, nobody wants to do anything about it. Everybody wants to just back off and let it happen. Well, we'll just do something about table gaming. The heck with the video lottery, because that's already too late. That's bull! You know. The symbolic effort to show those in the state down in Charleston in the state government that we do not think it's a good idea, that we think that it should be increased distances between these places is a symbolic effort, and it shows them that even though it's too late that we want something done and we think it's wrong. Whether there's 400 of them in town, if we say that we don't like it, they see that, and hopefully they heed those things. And, this thing about it being too late and the embryo and all that, I'm tired of hearing that too. These things need to be taken care of. We can't keep making excuses. It was too late. We should have done something about it eight months ago. We need to do something about it now, and we needed to do something about it last month, the month before that, and the month before that. That's all I have to say." Mayor Miller thanked Councilmember Dalrymple and commented, "This is one issue that's a double-edged sword, and we can beat it to death all night, but we're going to move on." Councilmember Miller commented, "I'd like to request a special consideration for someone that's in the audience who I don't think had the opportunity to sign the sheet, but he is a world record holder and raised some money for Make-A-Wish Foundation. Jeremy Davis, who set the record for playing DJ from April 21st to April 25th non-stop. Jeremy, would you stand up please? (APPLAUSE) Mayor Miller commented, "Go ahead. Come on up. I had the privilege of working with both of these gentlemen while that was going on, and I salute you for your time and effort." Mr. Davis commented, "Good evening ladies and gentlemen. Yea. We did make it, a hundred hours, and the world record was seventy-two hours. It was kind of tough keeping them awake, but we did it." Mayor Miller commented, "You looked good to me." Mr. Davis commented, "We've got some awards here for participating with us." Mr. Davis passed out awards to members of Council and the Mayor. Mr. Davis commented, "We want to thank the Chief. If it weren't for the City of Weirton and you guys and gals, this would have never worked. Good press. We had some good coverage. He was very good with us. (Mr. Davis motioned to WTOV TV9 representative.) Channel 7 just didn't seem like it was very important. But…" Mayor Miller commented, "Pick on the news media. Go ahead." (LAUGHTER) Mr. Davis commented, "Well. Believe me. Channel 9 took care of us. Again, if it wasn't for the city, the state kind of shot us down on it, but it came out and worked very good." Mayor Miller commented, "Well. I'll tell you what gentlemen. Your logistics were well put together, and the maintenance that you had, and the individuals that you had volunteering. I salute you. I'll tell you what. That was quite an event. You are well deserving. Now. The big important issue is what did you make. 4000?" Mr. Davis commented, "Over $4,000.00, plus in-kind it came out to about $50,000.00." (APPLAUSE) Mr. Davis commented, "I just want to address something. You talked about gambling, and this is to the Reverends over there. This whole world record was a gamble for me, physically and mentally. Now, it was a personal thing for my sister. I have not been in a church since my sister passed away when she was 13 in 1996. But, I made a deal with the man upstairs, if there was one, that if I got through this world record, I would start going to church, and I have been to church the last two Sundays since I finished. So that was the gamble that I made." Councilmember Miller commented, "Jeremy is a tireless guy. He has volunteered to play at our festival for absolutely nothing for as long as we want him to play. 101 hours." (LAUGHTER) Mayor Miller commented, "See Jeremy. Paybacks are hell." 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 PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERITES PURSUANT TO ORDINANCE 250 (Phillip Holt Estate, 2917 Elm Street, Map# W42H - Parcel# 0049) Motion was made by Councilmember DeMasis, second by Councilmember Moore to accept the resolution. Motion carried by majority, 6/0. RESOLUTION TO PLACE LIENS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE 250 WHEREAS, Ordinance 250, which was enacted pursuant to the provisions of Chapter 8, Article 12, Section 16 of the Code of the State of West Virginia, provides for the demolition of unsafe, unsanitary, and dangerous structures; and, WHEREAS, the Common Council of the City of Weirton has determined in accordance with Article 1783 of the City of Weirton Building Code that the cost of demolition of the following structure was properly incurred for the demolition of unsafe, unsanitary and dangerous structures. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Clerk of the City of Weirton is hereby directed to record liens in the County Court of Hancock County, West Virginia to recover costs expended by the City of Weirton incurred for the demolition of the structure situated on the following described property:
Owner Description of Property Amount of Lien Phillip Holt Map # W42H - Parcel # 0049 $ 3,000.00 (2917 Elm Street) This resolution shall become effective immediately upon passage. DATE: May 10, 2004
Mayor ATTEST
City Clerk State of ____________ County of __________, to-wit: The foregoing was acknowledged before me this day of , 2004 by and ________________________________. ______________________________ Notary Public My Commission Expires: ______________________. 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 DeMasis to accept the resolution. Roll Call: Councilmember Dorich Yes Councilmember Miller Yes Councilmember Moore Yes Councilmember DeMasis Yes Councilmember Kondik Yes Councilmember Dalrymple Yes Councilmember Veltri N/A Motion carried by majority, 6/0. RESOLUTION TO AUTHORIZE REVISIONS TO THE 2003-2004 FISCAL YEAR GENERAL FUND BUDGET At a regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, held on the 10th day of May, 2004, the following order was made and entered: SUBJECT: The revision of the 2003-2004 Levy Estimate (Budget) for the General Fund Budget. The following resolution was offered: NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that subject to the approval of the State Auditor, as ex-officio chief inspector of public offices, the Common Council of the City of Weirton does hereby direct that the budget be revised prior to the expenditure and obligation of funds for which no appropriation or insufficient appropriation currently exists, as shown on General Fund budget revision number 3, a copy of which is entered as part of this record.
The adoption of the foregoing resolution having been moved by Councilmember Dorich, and duly seconded by Councilmember DeMasis, the vote thereon was as follows: Councilmember Dorich Yes Councilmember Miller Yes Councilmember Moore Yes Councilmember DeMasis Yes Councilmember Kondik Yes Councilmember Dalrymple Yes Councilmember Veltri Not in Attendance Whereupon, Mayor William M. Miller declared said resolution duly adopted, and it is therefore ADJUDGED and ORDERED that said resolution be, and the same is, hereby adopted as so stated above, and the City Manager is authorized to fix his signature on the "Request of Revision to Approved Budget" which is to be sent to the West Virginia State Auditor for approval. DATE: May 10, 2004 _____________________ Mayor ATTEST: _________________________ City Clerk Resolution: No.: TO APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE 2004-2005 FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. 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, 5/1 with Councilmember DeMasis voting no. RESOLUTION B-04 COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, the City of Weirton, as an entitlement community, has an allocation of $592,000 of Community Development Block Grant (CDBG) funds for the B-04 program year and estimated $5,000 of program income. WHEREAS, prior to obligating any of the funds, an Annual Action plan for expenditure must be prepared and submitted to HUD Pittsburgh. WHEREAS, the City of Weirton has followed the process and met requirements prescribed by HUD for the adoption of this Annual Action Plan update to the Consolidated Plan and amendment to the existing program and the subsequent administration of these funds including: 1. Holding a public informational meeting and hearings on the preliminary budget proposal and giving public notice on the availability for review of this Annual Action Plan update. 2. Following a Citizen Participation Plan which meets HUD requirements. 3. Structuring the expenditure of funds so as to maximize benefit to low and moderate income families. 4. Maintaining a Housing Affordability Strategy and affirmatively furthering fair housing. 5. All other rules, regulations. And executive orders that may apply to the use of the Community Development Block Grant funds. WHEREAS, the allocation of the B-04-MC funds has been budgeted as follows: PUBLIC FACILITIES Objective: To improve overall quality of facilities in neighborhoods Amount Activity A. $ 65,000 Hancock County Sheltered Workshop for work center expansion. B. $128,000 Street paving for eligible low/mod streets. C. $ 60,000 Installation of storm sewer pipes and catch basins on Preston Avenue. D. $ 32,900 Tipton Center for roof replacement. E. $ 15,000 Housing Authority for appliances Overbrook Towers and Wyles Terrace and sidewalk replacement at Wyles Terrace. F. $112,000 Fire Department truck purchase. (Multi-year commitment) PUBLIC SERVICE LEVELS IN NEIGHBORHOODS Objective: To upgrade the level of public services, particularly family development, social and educational services to the needy, in an effort to improve the quality of life for those persons. Amount Activity A. $25,000 Social Services Department for Housing counseling, family development and social services for persons in selected neighborhoods and/or receiving public assistance. It will focus on upgrading their capacity to function economically and socially and be more self-sufficient. B. $19,100 Dunbar Recreation Center support of recreation and related programs at Dunbar. Center located on Weir Avenue at Kessel Street. C. $10,306 CHANGE to expand learning opportunities for children in the downtown neighborhood; housed at 3058 West Street. D. $15,000 Foot Patrol in downtown neighborhoods. E. $10,000 Park Board for the provision of recreational passes to low to moderate income people. F. $10,000 Greater Weirton Senior Citizens' Center to provide operating expenses. G. $ 5,000 Weirton Area Housing Authority for bus passes for Public Housing residents of Overbrook Towers and Wyles Terrace located on Cove Road and Edna Avenue. HOUSING REHABILITATION Objective: To stabilize neighborhoods by improving the usable housing stock in existing neighborhoods citywide. Amount Activity A. $30,000 Code Enforcement Program to support low to moderate income neighborhoods. B. $40,000 Demolition citywide for elimination of slum and blight. C. $10,000 Project costs associated with Housing Rehab Programs available to low/mod income residents. D. $20,000 Homebuyer Assistance delivery costs associated with the First Homebuyer Program. E. $70,621 First Time Homebuyer Down Payment Assistance Program to assist low to moderate, income people with down payments for home purchase. PLANNING/ADMINISTRATION Objective: To ensure proper and administration of HUD funded programs. Amount Activity A. $ 2,000 Human Relations Commission for training and investigation of Fair Housing and Civil Rights complaints. B. $20,000 Costs associated for the preparation of the City of Weirton's 5 year Consolidated Plan for 2005-2010. C. $10,000 Costs for the assessment of identified Brownfield sites and the development of a master brief for future development. D. $10,000 General Community Development Block Grant program administration. E. $ 2,000 Promotion of fair housing rights and activities. The following projects and budget figures are identified as changes or amendments to the B-03, B-02, B-01, B-00, B-99, B-98, B-96, CDBG program. CDBG Amendments and Reprogrammed Funds Existing Activity FY Reduced/ New Increased Balance Library Expansion '02 -$ 1,384 -0- HOME Consortium Administration '96 -$ 1,594 -0-
Affordable Housing Administration '99 -$10,282 -0- Affordable Housing Administration '98 -$ 1,813 -0- Homeowner Repair CODE '98 -$12,000 $5,886 Weir Avenue Sewer '01 -$12,604 -0- Single/Emergency Rehab '02 -$32,402 -0- WHA Overbrook Towers '03 -$ 9,077 -0- Rehab Management '03 -$10,000 -0- Walks and Walls '99 -$15,000 $15,025 Marland Heights ADA '01 -$ 1,586 -0- HAIL Program '02 -$11,727 -0- Greenbrier Water Loop '00 +$ 4,542 $27,399 Unified Land Use Code '03 -$10,000 -0- Funds Reprogrammed $124,927
WHEREAS, the Common Council of the City of Weirton has reviewed this budget and declares it reasonable, necessary and in the best interest of the citizens of the city. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager be and is hereby authorized to take the necessary and appropriate actions to submit this budget, Annual Action Plan and Program Amendments to HUD, and to execute all agreements, and documents, carry out other activities, and execute and submit documents which implement the intent of this resolution related to this Annual Action Plan and Amendments for HUD funding and Requirements for Program Year B-04-MC. Adopted this 10th day of May 2004, at a regular meeting of the City Council of Weirton, West Virginia. DATE: May 10, 2004
William M. Miller, Mayor ATTEST:
Thomas J. Maher, Jr. City Clerk Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH ZAMBELLI INTERNATIONALE FIREWORKS COMPANY FOR THE PURCHASE OF FIREWORKS FOR THE 2004 JULY 4 DISPLAY. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Councilmember Dorich commented, "The only question we did have was where are we going to have it. In the same place." Mayor Miller confirmed that it would again be held at Starvaggi Memorial Park." Councilmember Kondik commented, "Was this advertised correctly? Because, I understand we only received one bid." Mayor Miller commented, "It was advertised correctly." Councilmember Kondik commented, "We only received one bid?" Mayor Miller commented, "That is correct." Councilmember Kondik commented, "That is correct. OK. Thank you." Mayor Miller commented, "We had one individual back out." Councilmember Dorich commented, "We had two." Motion was made by Councilmember Dorich, second by Councilmember DeMasis to accept the resolution. Motion carried by majority, 6/0. R E S O L U T I O N TO ENTER INTO CONTRACT FOR FIREWORKS DISPLAYS FOR THE CITY OF WEIRTON'S 2004 FOURTH OF JULY OBSERVANCE WHEREAS, it appears to be in the best interest of the citizens of the City of Weirton that the City Manager be authorized to enter into contract to purchase fireworks for the City of Weirton's 2004 Fourth of July fireworks display; and, WHEREAS, the City of Weirton's 2004 fireworks display shall be held on Saturday, July 3, 2004; and, WHEREAS, the Common Council of the City of Weirton did receive competitive proposals for said purchase. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA that the City Manager be and is hereby authorized to enter into a contract with ZAMBELLI INTERNATIONALE FIREWORKS COMPANY, P.O. Box 1463, New Castle, PA 16103, in an amount not to exceed Seven Thousand Dollars ($7,000.00) for the purchase of fireworks for the July 4 display. DATE: May 10, 2004 _______________________________ Mayor ATTEST:
City Clerk Resolution: No.: TO AUTHORIZE CITY MANAGER, IN CONJUNCTION WITH CHANGE, INC., TO ENTER INTO AN AGREEMENT WITH THE OFFICE OF ECONOMIC OPPORTUNITY FOR THE EMERGENCY SHELTER GRANTS PROGRAM FOR THE 2004-2005 FISCAL YEAR. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Ms. Means advised that there was no city match. Motion was made by Councilmember Dorich, second by Councilmember DeMasis to accept the resolution. Motion carried by majority, 6/0. RESOLUTION TO AUTHORIZE CITY OF WEIRTON TO ENTER INTO AGREEMENT WITH THE OFFICE OF ECONOMIC OPPORTUNITY FOR THE EMERGENCY SHELTER GRANTS PROGRAM FOR FISCAL YEAR 2004-05 WHEREAS, the Lighthouse Domestic Violence Shelter has been fully operational since January of 2002 and has provided a valuable service to the community; and, WHEREAS, CHANGE, Inc. is applying for an emergency shelter grant through the West Virginia Office of Economic Opportunity for funding in the amount of Thirty Thousand Dollars ($30,000.00) for the shelter; and, WHEREAS, said grant application requires a 100% match, for which private donations and the facility itself will be utilized; and, WHEREAS, this funding shall be utilized for program operation of the Lighthouse Domestic Violence Shelter, such as utilities, kitchen supplies, staff salaries, educational training, etc.; and, WHEREAS, the City of Weirton's responsibility shall be to serve as a means of channeling the funding to the Shelter and will require no monetary support on the part of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City of Weirton, in conjunction with CHANGE, Inc., be authorized to enter into an agreement with the Office of Economic Opportunity for the Emergency Shelter Grants Program for the 2004-05 fiscal year. Date: May 10, 2004 ______________________________ Mayor ATTEST: _______________________________ City Clerk Resolution: No.: TO AUTHORIZE CITY MANAGER TO MAKE APPLICATION FOR A MATCHING GRANT WHICH, IF APPROVED, WILL BE USED TO FUND A LITTER CONTROL PROGRAM. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember Dorich, second by Councilmember DeMasis to accept the resolution. Motion carried by majority, 6/0. RESOLUTION AUTHORIZING APPLICATION FOR A MATCHING FUND GRANT FOR LITTER CONTROL WHEREAS, the City of Weirton recognizes the existence of a litter problem within the boundaries of Weirton; and, WHEREAS, the West Virginia Litter Control Program of 1985 provides matching grants of "litter control funds" through the West Virginia Division of Natural Resources for the purpose of establishing local litter control programs; and WHEREAS, having reviewed and considered West Virginia Administrative Regulations, Division of Natural Resources, Series 6 and 7. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager be authorized to make application for Three Thousand Dollars ($3,000.00) for a matching grant which, if approved, will be used to fund said program being in accord with the regulations governing use and expenditure of said funds.
Date: May 10, 2004
William M. Miller, Mayor ATTEST: __________________________________ Thomas J. Maher, Jr., City Clerk Resolution: No.: TO AUTHORIZE THE MAYOR TO ENDORSE A LEASE ON BEHALF OF THE CITY FOR TWO (2) LOTS ON WALNUT STREET TO ST. PAUL'S CHURCH. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember DeMasis, second by Councilmember Kondik to accept the resolution. Motion carried by majority, 6/0. RESOLUTION TO LEASE REAL PROPERTY TO ST. PAUL'S CHURCH WHEREAS, St. Paul's Church has leased two (2) lots from the City of Weirton for a period of time, beginning in 1993, for the purpose of parking; and, WHEREAS, that lease and its extensions have expired; and, WHEREAS, St. Paul's Church has paid the cost of paving the said lots and maintaining them; and, WHEREAS, it is in the best interest of the citizens of the City to promote moral instruction, and is also in their best interest to have the said lots paved and maintained at another's expense, although they may be used for Library patrons, for overflow parking for the Millsop Community Center, and for the Municipal Building. NOW, THEREFORE, BE IT RESOLVED BY THE COM MON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City will lease two (2) lots on Walnut Street to St. Paul's Church for rental of One Dollar ($1.00) per year, and that the Mayor is authorized to endorse the said lease on behalf of the City on or about the 1st day of June, 2004. Date: May 10, 2004 ___________________________ Mayor ATTEST: _________________________________ City Clerk Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE WEIRTON AREA AMBULANCE AND RESCUE SQUAD. Motion was made by Councilmember DeMasis, second by Councilmember Dorich to accept the resolution. Motion carried by majority, 6/0. RESOLUTION TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH WEIRTON AREA AMBULANCE AND RESCUE SQUAD WHEREAS, the City of Weirton is the owner of a fire station which is located on County Road in Weirton, Hancock County, West Virginia; and, WHEREAS, the Weirton Area Ambulance and Rescue Squad (WAARS) has approached the City through Fire Chief Kessler Cole, with a proposal that the City enter into an agreement with WAARS; and, WHEREAS, this proposed agreement would have a very beneficial financial effect for the City in the way of saving utility and maintenance costs, as well as granting the Weirton Fire Department the use of certain equipment, which it will not have to purchase. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, that the City Manager be hereby authorized to enter into a Memorandum of Understanding with the Weirton Area Ambulance and Rescue Squad, a copy of which is attached hereto and made a part thereof. Date: May 10, 2004 ________________________________ Mayor ATTEST: _______________________________ City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF WEIRTON AND WEIRTON AREA AMBULANCE AND RESCUE SQUAD This Memorandum of Understanding is made this day of , 2004, between the City of Weirton and the Weirton Area Ambulance and Rescue Squad (WAARS), and the parties do therefore agree as follows: 1. The Weirton Area Ambulance and Rescue Squad (WAARS) will station a crew at the County Road Station, primarily between the hours of 0800 and 0000 weekdays and keep an ambulance there 24/7. 2. Weirton Area Ambulance and Rescue Squad (WAARS) will continue to cover all City employees and families under the current club card agreement. 3. Weirton Area Ambulance and Rescue Squad (WAARS) will utilize the building in lieu of the $5,000.00 annual payment. Upon termination of this agreement, the City will again be responsible for the annual club card fee. 4. Weirton Area Ambulance and Rescue Squad (WAARS) will be responsible for paying utilities used at the building. 5. Weirton Area Ambulance and Rescue Squad (WAARS) will maintain lawn care for the facility. 6. Weirton Area Ambulance and Rescue Squad (WAARS) may utilize the conference facilities. 7. The Weirton Fire Department may utilize bays for the EMA bus, the boat, and an engine. The Weirton Fire Department must leave one bay solely for WAARS use. 8. The Weirton Fire Department may utilize the conference facilities. 9. The Weirton Fire Department will maintain the integrity of the facility and be responsible for major repairs such as furnace, air conditioning, etc. Any use of the facility will be pre-approved by the Fire Chief and the Executive Director of the Weirton Area Ambulance and Rescue Squad (WAARS). 10. The agreement may be terminated at any time by one of the parties giving thirty (30) days notice in writing. 11. This agreement shall become effective upon the date acknowledged by all parties involved. ACKNOWLEDGED THIS ________ day of _________________, 2004. BY: CITY OF WEIRTON ___________________________ ___________________________ Mayor City Manager ___________________________ Fire Chief BY: WEIRTON AREA AMBULANCE AND RESCUE SQUAD (WAARS) ___________________________ Executive Director Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS FOR IMPROVEMENTS TO BIRCH DRIVE THROUGH INDUSTRIAL ACCESS ROAD FUNDING. Councilmember Dorich advised that this was reviewed, discussed and approved by the Finance Committee. Motion was made by Councilmember DeMasis, second by Councilmember Dorich to accept the resolution. Councilmember Moore commented, "In this agreement, the Department of Transportation will pay up to $400,000 for this work. I believe the work has been estimated at a cost of $335,000. So, we have some wiggle room before we start footing the bill." Mayor Miller commented, "Correct." Councilmember Dorich commented, "They will take their wiggle back." Councilmember Moore commented, "Well, just so we don't have to give them any of ours." Motion carried by majority, 6/0. RESOLUTION TO ENTER INTO AGREEMENT WITH THE WEST VIRGINIA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS FOR IMPROVEMENTS TO BIRCH DRIVE WHEREAS, the City of Weirton has recently made application to the State of West Virginia for industrial access road funding through the West Virginia Development Department and the West Virginia Department of Transportation for improvements to Birch Drive in the City of Weirton; and, WHEREAS, said improvements will foster the industrial growth of the Half Moon Industrial Park through job retention and expansion.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager be authorized to enter into contract with the West Virginia Department of Transportation, Division of Highways for improvements to Birch Drive through Industrial Access Road funding as outlined in the terms of the enclosed agreement, a copy of which is attached hereto and made a part thereof. Date: May 10, 2004
Mayor ATTEST:
City Clerk Resolution: No.: TO AUTHORIZE CITY MANAGER TO ENGAGE JACKSON KELLY PLLC AS OUR COUNSEL FOR THE CREATION OF A TAX INCREMENT FINANCING DISTRICT WITHIN THE CITY AND TO SERVE AS BOND COUNSEL IF A PROJECT WARRANTS. Motion was made by Councilmember Miller, second by Councilmember DeMasis to accept the resolution. Motion carried by majority, 6/0. RESOLUTION TO ENTER INTO AGREEMENT WITH JACKSON KELLY PLLC FOR PROPOSED CREATION OF TAX INCREMENT FINANCING (TIF) DISTRICT AND ISSUANCE OF TIF BONDS WHEREAS, the City of Weirton is committed to revitalizing the community; and, WHEREAS, the people of the State of West Virginia, in November 2002 voted for Amendment One; and, WHEREAS, Amendment One enables economic development opportunities by the creation of Tax Increment Finance (TIF) districts; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager be authorized to engage Jackson Kelly PLLC as our counsel for the creation of a Tax Increment Finance district within the City and would further serve as bond counsel if a project warrants.
Date: May 10, 2004
Mayor ATTEST: __________________________________ City Clerk Resolution: No.: TO AUTHORIZE CITY OF WEIRTON TO ENTER INTO AN AGREEMENT WITH MCKINLEY ASSOCIATES TO DESIGN THE EDA PROJECT AT A COST UP TO $60,000. Motion was made by Councilmember Dorich, second by Councilmember Moore to accept the resolution. Motion carried by majority, 6/0. RESOLUTION TO ENTER INTO AGREEMENT WITH MCKINLEY AND ASSOCIATES TO DESIGN THE EDA PROJECT AT A COST UP TO $60,000 WHEREAS, the City of Weirton desires to enhance economic development; and, WHEREAS, the City of Weirton has applied for and received a Federal Economic Development Administrative Grant for $891,000; and, WHEREAS, said grant application requires a 40% match by the City of Weirton; and, WHEREAS, this funding shall be utilized for site development and infrastructure in and around the Municipal Plaza area; and, WHEREAS, the City of Weirton needs to engage an architectural firm to design the project; and, WHEREAS, McKinley Associates has been selected, through due process, to perform the project design, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City of Weirton be authorized to enter into an agreement with McKinley Associates to design the project at a cost of up to $60,000.
Date: May 10, 2004 _________________________________ William M. Miller, Mayor ATTEST: __________________________________ Thomas J. Maher, Jr., City Clerk APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Water Board Tom Grossi Reappointment 06/01/2004 - 05/30/2009 146 Powers Road Weirton, WV 26062 Motion was made by Councilmember DeMasis, second by Councilmember Moore to accept the resolution. Motion carried by majority, 6/0. Weirton Housing Authority Wesley Anderson Reappointment 06/01/2004 - 05/30/2009 3351 West Street Weirton, WV 26062 Motion was made by Councilmember DeMasis, second by Councilmember Moore to accept the resolution. Motion carried by majority, 6/0. ADMINISTRATIVE REPORTS Public Works Department - Brae Bryant Mr. Bryant commented, "Nothing to report." Fire - Chief Kessler Cole Chief Cole commented, "Mayor and Council. I'd like to invite you to the fire safety house that will be delivered tomorrow at the Weirton Headquarters. We still got some lettering to put on it. As soon as we get the lettering done, we will invite the press and the general public to see it. If the city administration gets a chance, it will be in headquarters station probably tomorrow afternoon sometime. This was purchased with donation monies from local businesses." Mayor Miller commented, "And you will travel to various schools with this." Chief Cole commented, "It's…right Mayor. We'll use it in our fire prevention program. We'll take it to all the schools. I know, Councilman Miller, we're trying to get it ready maybe for your festival." Mayor Miller thanked Chief Cole for his comments. Police - Chief D. Lance Scott Chief Scott commented, "The only thing tonight I'd like to relay to Council is you are aware that we did procure our newest canine. He is three weeks into training with Sergeant Marshall who is a certified trainer and Officer DiBacco are very excited. He's worked very well so far." Mayor Miller commented, "Nice looking dog. Isn't he Chief?" Chief Scott commented, "Beautiful." Mayor Miller thanked Chief Scott for his report. Parks and Recreation - Terry Weigel Mr. Weigel commented, "I'd just like to report that I've been asked at numerous times about the Marland Heights Pool. I guess there have been rumors out that it would not open this summer. Just to clarify, we are planning on opening and operating Marland Heights Pool. I spoke with Craig Howell today, and we are going to work on getting an article in the paper. We believe this is the 70th year of the Marland Heights Pool up there that opened in 1934. It's quite and accomplishment." Councilmember Moore commented, "I'd like to thank Terry for the financials that were in this months report as well. Very good. Thank you." Mayor Miller commented, "That's one atta boy for you Terry!" Mr. Weigel commented, "One for Councilman Moore too. I got your email about trying to get together a civic association and some people to help." Councilmember Moore commented, "I've been approached by citizens in that area, and they're very anxious, so we'll try to make that a priority so we can get started on that." Mayor Miller thanked Mr. Weigel for his report. Economic Development Directory - Robert Riccelli Mr. Riccelli reported, "Mayor and Council. I'd like to thank you for the support on the letter of engagement with Jackson Kelley. Also, the signatures need to be put on those documents either tonight or Wednesday morning. Along with the McKinley contract, we're probably 6 weeks behind our tentative schedule. But, since it coincides with the state office building, it's not going to cause us any problem. Also, to remind everybody the Amerihost has their open house, official open house, tomorrow, 5:00 PM, on site. That's the Arlington Hospitality Amerihost Suites." Mayor Miller commented, "And, do you have any additional notification when we have groundbreaking for the state building, because we do have some dubious nonbelievers?" Mr. Riccelli commented, "No. But we are in contact with the governor's office. They are trying to align it with his schedule so he can be here. It will be before the end of this month." Mayor Miller thanked Mr. Riccelli for his report. Mary H. Weir Public Library - Rick Rekowski Mr. Rekowski reported, "There's nothing to report." Code Enforcement - John Serafini Mr. Serafini reported, "We have nothing to report." TREASURER'S REPORT Valerie Means provided the Treasurer's Report for April 2004: Beginning Cash Balance: $454,139.58 Voided Checks: $0.00 Interest on Checking: $275.51 Deposits: $1,532,989.86 Disbursements: ($1,175,743.51) Deposits to Investments: ($0.00) Ending Cash Balance: $811,661.44 Beginning Investment Balance: $723,118.79 Ending Investment Balance: $723,118.79 Petty Cash Fund: $700.00 Total Cash / Investments Available: $1,535,480.23 Councilmember Moore commented, "I spoke with Valerie this morning with 2 months to go in the fiscal year. They've done very good. Valerie and her staff have done an excellent job. I'd like to thank all the department heads and all the employees. Their budgets look very good, very much in line. We appreciate your work on controlling those expenses, because everything you can save will carry over to next year. Thank you very much." Mayor Miller thanked Councilmember Moore for his comments. Councilmember Dorich commented, "I was told this morning that we have two of them that's finished already this year." Ms. Means commented, "Two accounts?" Councilmember Dorich commented, "Two accounts. Yes." Ms. Means commented, "That's possible. It could be on the limit." Councilmember Dorich commented, "That's good." Ms. Means commented, Yes." Motion was made by Councilmember DeMasis to accept the treasurer's report, and to approve the payment of the bills. A second was made by Councilmember Dorich. Motion carried by majority, 6/0. ADJOURNMENT With no further business before this May 10, 2004 regular session of the Weirton City Council the meeting was adjourned after the closing prayer. |