A regular session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, was held at 7:00 p.m. on Monday, June 7th, 2004 in the City Council Chambers, with Mayor William Miller presiding. Councilmen present were Steve Dorich, Harold Miller, Dale Moore, Henry DeMasis, George Kondik, David Dalrymple, and Frank Veltri. Present from the City were Gary DuFour, Valerie Means, John Yeager, Chief Cole, Chief Scott, Rod Rosnick, Bob Riccelli, Brae Bryant, Sam Stoneking, Terry Weigel, Rik Rekowski, Karen Orler.

Mayor Miller led the Pledge of Allegiance.

It was moved by Councilman Kondik and seconded by Councilman DeMasis to approve the minutes from the May 10, 2004 meeting; this passed unanimously.

Mayor Miller extended congratulations to the Weir High baseball team, its Coach and staff, on winning the State championship. They should be participating in the Fourth of July parade.

Mayor also congratulated the girls' Weirton Spirit Soccer Team on winning the championship in Huntington. They should also be participating in the parade.

Mayor advised that the groundbreaking for the State Office Building is set for June 17 at 2 p.m. Governor Wise will be attending.

Mayor Miller advised that Boy Scout Troop 334 from Weirton will be participating in a 180 mile bike ride from Cumberland, MD, to Washington, DC; the purpose is to draw attention to autism. He advised that Ben Cross had started this for his Eagle Scout project. Mayor advised that 35 children in Hancock County have autism.

Tamara Pettit, public relations director for Mountaineer: Ms. Pettit spoke on the proposed table gaming bill before the legislature; she distributed copies of a synopsis of the bill. She wanted to clarify that this bill would allow these games only at racetracks, and only after the voters in that area had voted in favor of this. She spoke about the amount of jobs at Mountaineer, and about how many jobs would be added if table gaming was instituted. She also spoke about job losses if surrounding states put this into effect.

Mr. Yeager asked if this bill limits the power of cities to control where these would be. Ms. Pettit reiterated that the bill provides table gaming only at tracks and only after citizens have voted in favor. He asked if the entire text was available; she advised that she would get this for him. She advised that the bill was written by Wendell Turner of the law firm of Turner and John.

Councilman Moore spoke in reference to the resolution to be considered by Council tonight. He advised when the video lottery machines were first put in place that they were supposed to be limited to the tracks. He felt that eventually table gaming would move to other locations also. Ms. Pettit advised that when the video machines were legalized that they were actually already in many places in addition to the track.

Councilman Kondik thanked Ms. Pettit. He felt that if the resolution before Council passed tonight that she should make a presentation before the Planning Commission.

Patricia Hans, Morningside Ct.: Ms. Hans wanted to speak in reference to a Traffic Commission item dealing with Morningside Ct. Mr. DuFour advised that nothing dealing with this was on the agenda for tonight. He advised that more information has been collected and will be sent to the Traffic Commission for review.

Joe DeMarco, 143 McKinley: Mr. DeMarco spoke about garbage pick-up and that residents in that area will have to start moving their refuse to the curb instead of having it picked up from the alley behind their houses. He advised that this will be a hardship for elderly people. Mayor advised that he believed that Public Works will make available to people for whom this would be a problem a form for them to file so that staff can help with this. He suggested that Mr. DeMarco should contact Mr. Bryant.

Walter Walaszczyk, 135 McKinley: Mr. Walaszczyk also spoke about the garbage pick-up change. He questioned why this was changing after being the same for many years. Mayor pointed out that the change was made due to safety concerns for workers, and also because the truck size has increased, making it difficult for them to get down alleys. Mayor Miller cited his open door policy and suggested that Mr. Walaszczyk come in and discuss this with Mr. Bryant and him.

Gus Monezis, 268 Kingsview Dr., Renaissance Weirton Festival: Mr. Monezis brought up the hard work by the Committee for the Festival. He brought up a recent newspaper article about the Festival, which he thought showed discord. He felt this was an investment in Weirton. This Committee was trying to help Weirton. He advised that the only Councilmen who came to the Committee meetings were Councilmen Miller and DeMasis. Mr. Monezis asked about getting a budget from the City, and they would try to work within this. He advised that everyone on the Committee were volunteers. He hoped that Council would get behind this project.

Councilman Moore advised that this issue came up abruptly because no one had ever come before Council on the funding question. When he noticed that the City was making a financial and liability commitment, this was brought up. He had been aware of the Festival, but not of the City's financial ties to it. Councilman Miller advised that the Committee has not asked the City to finance the Festival; he did agree that Council has to act on this. Councilman DeMasis voiced his opinion that the City needs this Festival.

Councilman Moore brought up waiving the vendor fee. He asked what the City's response will be when other private festivals ask for this also. He pointed out that Renaissance Weirton Committee is not part of the City. Mayor said they were in transition. Councilman Moore also brought up providing insurance. He also advised that for the first time shortly before this meeting Council received figures from City departments on the cost to them of the Festival. Mr. Monezis said that they will be giving money back to the City. Councilman Miller voiced his opinion that the cost numbers from the City were excessive, and they will try to get volunteers. He also did not feel that waiving the $5 vendor fee was a big problem.

Pastor Nathan Gragg, 1068 Barone Dr.: Pastor Gragg spoke on gambling. He felt that a more meaningful debate on this subject needs to be held; he felt that blame is being put at other doors. He asked Council not to just take the easy way out, not to just feel that table gaming will never come to Weirton. He felt Council should not just pass this on to the Planning Commission.

Councilman Moore said the Pastor has asked them to control the supply; he asked the Pastor about controlling demand. He also requested that a message be taken back to the Ministerial Association in reference to an article that appeared in their publication. The article made an accusation that Council is in the pockets of those who run the video lottery places; Councilman Moore said they will find they will not get much respect saying this. He advised if they have facts on this that they should be taken to the City Attorney.

Second Reading-Ordinance No. 1414 to amend traffic control map-install stop sign on east side of S. 16 St. traveling south at intersection of Wetzel to establish a four way stop: This had been tabled on March 8, 2004; April 12, 2004; and May 10, 2004. Mayor Miller advised that Traffic Commission is going to propose an alternate solution for this area that would take the place of this and the following ordinance. It was moved by Councilman Dalrymple and seconded by Councilman Miller to take this from the table; this passed unanimously. It was then moved by Councilman Miller and seconded by Councilman Dalrymple to consider this ordinance; the ordinance was defeated on a 0-7 vote.

Second Reading-Ordinance No. 1415 to amend traffic control map-install stop sign on west side of S. 16 St. traveling north at intersection of Wetzel St. to establish a four way stop: This had been tabled on March 8, 2004; April 12, 2004; and May 10, 2004. It was moved by Councilman Miller and seconded by Councilman Dorich to take this off the table; this passed unanimously. It was then moved by Councilman Kondik and seconded by Councilman Moore to consider this ordinance; the ordinance was defeated on a 0-7 vote.

Resolution to authorize City Manager to submit application for Homeland Security Grant funding through the WV Office of Emergency Services: It was moved by Councilman Dorich and seconded by Councilman Kondik to approve this resolution authorizing the City manager to submit an application for a Homeland Security Grant through the WV Office of Emergency Services to provide financial assistance to the City's Police and Fire Departments, in the amount of $200,000; this passed unanimously.

Resolution to send question of rezoning of Washington St. to general commercial status to Weirton Planning Commission: It was moved by Councilman Dorich and seconded by Councilman Veltri to approve this resolution; this passed on a 6-1 vote, with the no vote cast by Councilman DeMasis.

Resolution to enter into contract for purchase of firefighter protective equipment for Fire Department using FEMA funding: Councilman Dorich advised that this had been approved by the Finance Committee. It was moved by Councilman DeMasis and seconded by Councilman Dalrymple to approve this resolution authorizing the City Manager to enter into contract with Fire Force, Inc., of Boardman, OH for this equipment in the amount of $39,713; further, this purchase shall be funded using allocated FEMA grant money, which requires a 10 percent match from the City; this passed unanimously.

Resolution to authorize City to serve as co-sponsor of the 2004 Renaissance Weirton Festival: It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this resolution. Councilman Moore brought up the cost figures from the various City departments which were just presented to Council before this meeting. He advised that the City would also be providing liability insurance under the City plan, which has a $2,500 deductible. Also, any claims on the insurance would go against the City's rates. The Renaissance Weirton Committee has expressed their willingness to enter into a memorandum of understanding (MOU) with the City for costs; however, it might be too late for this. There had been no indication that the City would be asked for this support; nothing had been brought before Council before this. Councilman Moore also brought up the layoffs of City employees which is due to take effect on June 30. He felt that City residents would prefer to have uninterrupted City services instead of a festival.

Councilman Kondik voiced his support for the Festival. However, he did bring up using taxpayer money. He asked if $2,500 had been raised from a bank and if $5,000 had been received through the State Festival Committee. He asked if the Committee was asking the City to take care of the $9,500 costs cited by the departments. Mayor Miller advised that the Committee had needed some backing to get this Festival off the ground. He felt that after the Festival is over he will be surprised if the City spends $2,500. Councilman Kondik brought up tabling this resolution until June 19 when more concrete figures might be available. Councilman Miller felt that tabling this resolution would just slow the process. He stated that the only thing the Committee had asked was for the City to cover this first Festival under their insurance to get things started. He talked about the entertainment groups donating their time and corporations donating money. He agreed that Council needed to vote on this.

The vote was taken on this resolution, and it passed on a 6-1 vote, with the no vote cast by Councilman Moore.

Resolution authorizing acceptance of Governor's Community Partnership Grant for a master development brief: Councilman Kondik asked Bob Riccelli about the $40,000 in this grant. Mr. Riccelli advised this would be for Hancock and Brooke Counties; this would be to produce a development brief on areas of brown fields. There may be 30 of these properties in these two counties. They are working with a consultant to inventory and assess these properties, which is the first step in this process outlined by the federal government. Certain characteristics need to be identified. If there is at least one property in the City, approximately $10,000 of CDBG funds could be spent. The brief will be done in 120 days. When all groups agree that the criteria has been satisfied, this can be taken to developers. It was moved by Councilman Dorich ans seconded by Councilman DeMasis to approve this resolution to authorize the Mayor to accept the Governor's Community Partnership Grant, which will be used for a master development brief as outlined in the terms of the Grant, and that the Mayor be empowered to sign any agreement necessary to obtain these funds; this passed unanimously.

Resolution to enter into contract for road delineation (striping) of various City streets: It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve this resolution to authorize the City Manager to enter into contract with Interstate Traffic Control, Inc., of Huntington, WV (authorized vendor of WV Division of Highway's District Six Contract), for this project in the amount of $9,000; this passed unanimously.

Resolution to enter into contract to purchase one mid-mount 100 foot aerial platform truck for Fire Department: It was moved by Councilman DeMasis and seconded by Councilman Veltri to approve this resolution authorizing the City Manager to enter into contract with Sutphen Corp. in the amount of $723,961 for this purchase; further, the Fire Department will use $50,000 of Brooke County levy funds and the balance will be provided by CDBG funds; this passed unanimously.

Resolution to enter into contract for site preparation for Steelworkers Memorial using Legislative Digest funds: Councilman Dorich advised that this had been approved by the Finance Committee. It was moved by Councilman Veltri and seconded by Councilman Dorich to approve this resolution authorizing the City Manager to enter into contract with James White Construction for this project in the amount of $55,000; this passed unanimously.

Resolution to submit question regarding table gaming establishments to Weirton Planning Commission: Councilman Dalrymple stated that this is not a stab at Mountaineer but it is an effort to protect the City and its citizens. He hoped that the Planning Commission goes into this with an open mine. Mr. Yeager felt that if the legislature did not take away the City's ability to limit gambling that the City would not have to do this. Councilman Moore stated that the City may never need or use this resolution, but the City needs to have this in place. Councilman Miller asked if this had to go to Planning Commission. Mr. Yeager felt it should, but that Council does not have to follow their recommendation. It was moved by Councilman Dalrymple and seconded by Councilman Moore to approve this resolution; this passed on a 5-2 vote, with no votes cast by Councilmen DeMasis and Miller.

First Reading--Ordinance authorizing sale of City right-of-way along Red Rider Rd.: It was moved by Councilman Veltri and seconded by Councilman DeMasis to approve this resolution authorizing the City Manager to sign a deed on behalf of the City conveying the land described in the exhibit attached to the ordinance to Joe Pulice for the sum of $800. Councilman Miller asked about access. Mr. Rosnick advised that this would be from S. 11 St. Mr. Pulice was asking for 7 to 14 feet of space for some construction he is planning. Mr. Rosnick advised that Mr. Pulice may ask to amend this for access from Red Rider Rd. Councilman Dalrymple asked if this was school board property; Mr. Rosnick advised that the State had deeded this to the City. The ordinance passed unanimously at first reading.

Emergency Reading-Ordinance to convey property to WV Economic Development Authority for State Office Building Complex: Mr. DuFour advised that this was needed to authorize a governmental agreement to transfer property to State Dept. of Development for the office building which will adjoin the City Building. Mr. Riccelli advised that the people from the State felt that this agreement should be a letter with a reversionary clause. If the State would discontinue using the building in the future, if they would no longer have an interest in maintaining the building, this would revert to the City. Mr. Yeager also advised that this has the correct property description in it. It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve this ordinance at emergency reading; this passed unanimously.

Resolution to enter into contract for demolition of Purdy Ln. Wall: Councilman Dorich advised that this had been approved by Finance Committee. It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this resolution authorizing the City Manager to enter into contract with Frank Pulice of Weirton, WV, for this project in the amount of $1,500; further, that an additional charge of $15 per hour will be assessed for any reconstructive work which may become necessary as a result of this demolition; this passed unanimously.

First Reading-Ordinance to amend traffic control map-install two stop signs on the new Amerihost Dr., one at Amerihost Dr. intersection with Three Springs Dr., and the other at the unfinished driveway intersection with Amerihost Dr.: It was moved by Councilman Dorich and seconded by Councilman DeMasis to approve this at first reading; this passed unanimously.

First Reading-Ordinance to amend traffic control map-extend existing no parking zone on Seneca St. by 10 feet going west across from Dubey Ln. at intersection with Dubey Ln.: It was moved by Councilman Miller and seconded by Councilman DeMasis to approve this at first reading; this passed unanimously.

First Reading-Ordinance to amend traffic control map-establish a no parking zone on east side of Main St., north and south in front of 3317 Main St., Strip Steel Federal Credit Union: It was moved by Councilman DeMasis and seconded by Councilman Dorich to approve this at first reading; this passed on a 6-1 vote, the no vote cast by Councilman Kondik.

First Reading-Ordinance to amend traffic control map-establish residential disability parking space on Mound St. behind residence at 4011 Washington St.: It was moved by Councilman DeMasis and seconded by Councilman Moore to approve this at first reading; this passed unanimously.

City Service Fee Appeals Board: Mayor Miller advised that Councilman Moore had nominated John Porco, and Councilman Miller had nominated Beth Gaughan; the terms for both would be from July 1, 2004 to June 30, 2006. It was moved by Councilman Moore and seconded by Councilman Dorich to approve these appointments. Councilman Kondik advised that he had recently spoken to Mr. Porco, who voiced his desire not to be appointed. The motion on the appointments passed on a 6-1 vote, with the no vote cast by Councilman Kondik.

Mayor Miller advised that his appointments to this Board were John Larch and Dean Makricostas.

Park Board: It was moved by Councilman Dorich and seconded by Councilman Dalrymple to approve the appointment of J.J. Bernabei to the Park Board for a term from July 1, 2004 to June 30, 2010; this passed on a 6-1 vote, with the no vote cast by Councilman DeMasis.

Fire Department: Chief Cole advised that the Fire Department is conducting pre-fire planning; they are trying to check all businesses within the next few months. These are not inspections; however, if his staff observes violations, the business owners will be advised.

Police Department: Chief Scott reported that City officers and Drug Task Force staff have been testifying before the Brooke County Grand Jury. Officer Rick Stead has advised that 27 multi-count indictments were returned; information on this will be released tomorrow.

Park Board: Mr. Weigel advised that the pools are up and running. He was proud of this since other cities in this area have not been able to open any or some of their pools.

Code Enforcement: Mr. Rosnick advised that his staff is checking on numerous complaints.

Public Works: Mr. Bryant had nothing additional to report.

Library: Mr. Rekowski had nothing additional to report.

Utilities: Mr. Stoneking had nothing additional to report.

Ms. Means gave the treasurer's report. It was moved by Councilman Dorich and seconded by Councilman DeMasis to pay the General Fund bills; this passed unanimously.

With no further business before this June 7, 2004, regular session of the Weirton City Council, the meeting was adjourned after the closing prayer.

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