WEIRTON CITY COUNCIL

COUNCIL MEETING

JULY 7, 2003

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on July 7, 2003 at 7:00 P.M. in Council Chambers of the Municipal Building

Councilmembers in attendance: Henry DeMasis, Harold Miller, Dale Moore, Steve Dorich, Dave Dalrymple, Frank Veltri and George Kondik.

City Officials in Attendance: Valerie Means, Attorney Yeager, A. D. Mastrantoni, Rod Rosnick, Chief Cole, Brae Bryant, Chief Cooper, Rick Rekowski, Terry Weigel, Tom Maher, Jr. and Millicent Zack

Mayor Miller led the Pledge of Allegiance.

Approval of minutes from June 9, 2003 and June 19, 2003 motion made by Councilmember Dorich and second by Councilmember Moore to approve the minutes, no question to the motion, so passed.

A proclamation declaring the week of July 13 through 19, 2003 as National Aquatic's Week was presented to Terry Weigel and Maryjo Murphy.

COMMUNICATIONS

Mayor Miller stated that he has spoken to various Department Heads and workshops will be scheduled for our newly elected council on July 15, 2003, July 22, 2003, and July 29, 2003. Are there any other items for communications?

CITIZENS COMMENTS

Vince Oliver stated that he would like to express his concern regarding a wrong that was done on June 19, 2003 special meeting in regards to his position on the Sanitary Board. As stated then and feels this was overlooked by Dean and his followers that I took office on the Sanitary Board in October 1992 and served until the June 19 meeting when Dean thought I should be taken off the board. Dean claimed my term was up in 2001 but it was not, stated he was put back on the board in 2001, I was put on in 1995, 1998, and 2001 and continue to serve until the June Sanitary Board Meeting. Stated his term does not expire until October 2004. Did not get on the board until October 9, 1992 and my first meeting shows this because I received the records from Kevin Board. I am asking this council to overturn that nomination because it is not right. It was brought up by John Moore and suggested that they allow this council to decide if this was right or wrong and Dean and his five followers decided not to do this and they put Chuck Wright on the Sanitary Board. Again I feel that I am entitled to be on this board until October 2004 when my term expires. Mayor Miller asked if he had any documentation on this at the time you were appointed, do they go through and appoint every time your term is up. Vince Oliver stated when he was put on the board he was told at that time and believes until June 19 that this was a four year term, now I find out that it is a three year term, but even at that it showed up in every meeting of the minutes that I was reappointed, for some strange reason it does not show up in 2001. I continued to serve and if my term was up why did they let me continue being on the board until he chooses that I get off immediately before this council took office. Mayor Miller stated that we will turn this over to legal and he can give us some type of advice. Mayor Miller stated primarily if you are serving on a board and your tenure is up and it is not renewed it is my understanding that you continue on until you are either reappointed or until someone else is appointed. Attorney Yeager asked for all of Mr. Oliver's documentation.

Mike Andochik, 239 Denise Drive - Mayor and City Council, I came down here to address the issue of City Manager and during my term of office during the 70's, Jim Lord came in and told me that he would be moving to Danville, Virginia and I served as acting City Manager for 3 months with the blessings of council with no formal documents. I think it is important that the City Manager's position could be taken over by the Mayor and it was a great learning experience for me for 90 days to learn all the interactions of the city. I think the city needs someone to handle this job and Bill Miller and I have worked together for 25 years at the Hancock County Sheltered Workshop and I know his character and I know his energy. I think that council would be making a mistake if we go through legal wrangling for 90 days or how many days it takes to hire a city manager. I am here to appeal to you to consider this and look at the merits of Bill serving and I know he will do a good job. I will answer any questions you may have. Councilmember Kondik stated in all due respect I always thought that you were one of our better Mayors. Our problem now is the fact that nobody challenged that and now we are being challenged. In all due respect to Mayor Andochik our problem right now is the ethics and our attorney to hash this out in court, whether this is legal or not legal, someone is challenging us right now and this is our problem. Mayor Andochik stated maybe the challenge will go down and you have to have common sense in some of these things. If we start worrying about all the legal ramifications, who started the legal ramifications, was there a motive for it, I think the city has to look at what is best for the City of Weirton and I don't think council is sticking their necks out by allowing this to happen. It is easy for me to say because I am on this side of the table, if I were on the other side I would feel very strongly. I don't think I was the only Mayor this has happened too, I believe Mayor Bowman had the same situation.

Mayor Miller stated he would like to entertain a motion to amend the agenda, motion made by Councilmember DeMasis and second by Councilmember Moore, so passed.

Mayor Miller stated he would like to adopt Robert's Rules of Order, motion made by Councilmember Dorich, second by Councilmember Dalrymple, so passed.

Mayor Miller stated he would like to nominate Gary DuFour as City Manager, motion made by Councilmember DeMasis, second by Councilmember Dorich, roll call vote.

Councilmember DeMasis Yes

Councilmember Miller No

Councilmember Moore No

Councilmember Dorich Yes

Councilmember Dalrymple Yes

Councilmember Veltri Yes

Councilmember Kondik No

Let the records reflect the vote was 4-3 in favor of appointing Gary DuFour as City Manager.

OLD BUSINESS

Second Reading of Ordinance No. 1385. Amendment No. 611 to the Traffic Control Map Ordinance No. 214 of the City of Weirton to install a handicapped parking space at 540 Garden Way. Motion was made by Councilmember Dorich, second by Councilmember DeMasis, so passed.

O R D I N A N C E N O. 1385

Amendment No. 611 to the Traffic Control Map Ordinance No. 214

of the City of Weirton

The Traffic Control Map of the City of Weirton, as enacted by Ordinance at second reading on October 27, 1969, is hereby amended as follows:

Establish a handicapped parking space at 540 Garden Way.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the above amendment to the Traffic Control Map be and is hereby enacted and amended.

Said amendment shall be effective immediately upon passage of the second reading of this Ordinance.

FIRST READING: June 09, 2003

PUBLICATION DATE: June 16, 2003

SECOND READING: July 07, 2003

_______________________________

Mayor

ATTEST:

City Clerk

Second reading of Ordinance No. 1386. Amendment No. 612 to the Traffic Control

Map Ordinance No. 214 of the City of Weirton to install handicapped parking space at 3308 Orchard Street. Motion made by Councilmember DeMasis, second by Councilmember Veltri, so passed.

O R D I N A N C E N O. 1386

Amendment No. 612 to the Traffic Control Map Ordinance No. 214

of the City of Weirton

The Traffic Control Map of the City of Weirton, as enacted by Ordinance at second reading on October 27, 1969, is hereby amended as follows:

Establish a handicapped parking space at 3308 Orchard Street.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the above amendment to the Traffic Control Map be and is hereby enacted and amended.

Said amendment shall be effective immediately upon passage of the second reading of this Ordinance.

FIRST READING: June 09, 2003

PUBLICATION DATE: June 16, 2003

SECOND READING: July 07, 2003

_______________________________

Mayor

ATTEST:

City Clerk

Second reading of Ordinance No. 1387. Ordinance establishing Limit on Expenditures by Weirton City Manager. Motion made by Councilmember Dorich, second by Councilmember Dalrymple, question on the motion, Councilmember DeMasis asked to have this tabled until we can go over the budget. Mayor Miller stated that this could not be tabled because it is the second reading and in order to move the city's business along this has to be voted on. So passed.

ORDINANCE NO. 1387

ORDINANCE ESTABLISHING LIMIT ON EXPENDITURES

BY WEIRTON CITY MANAGER

WHEREAS, Ordinance No. 1369 which amended Article VII, Section 1, Paragraph 3, Subparagraph (f) of the Weirton City Charter and pertained to the limit on expenditures authorized by the Weirton City Manager was passed by Council on

February 10, 2003; and,

WHEREAS, said Charter amendment was placed on the ballot for the June 10, 2003 municipal general election and ultimately passed; and,

WHEREAS, the original dollar amounts have not kept pace with inflation rates and have become overly restrictive and detrimental to the City Manager in the performance and conduct of his/her daily duties.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, that the City Manager shall not make any contract or purchase involving an expenditure in excess of One Thousand Five Hundred Dollars ($1,500.00) without first obtaining the consent of Council to do so. All supplies and materials purchased by the City in excess of Five Thousand Dollars ($5,000.00) shall be purchased on competitive bids. All proposals for such shall be upon precise specifications and notice of the requirements of the City shall be given to dealers in supplies and materials of the kind required, who, by reason of location, are best able to furnish the same at the lowest price. All purchases shall be ordered by the City Manager and only on approval of the Council shall payment be made.

BE IT FURTHER ORDAINED that said Ordinance shall be effective July 1, 2003.

First Reading: June 19, 2003

Publication Date: June 25, 2003

Second Reading: July 07, 2003

Mayor

ATTEST:

City Clerk

Second reading of Ordinance No. 1388. Ordinance to enter into inter-governmental agreement with the State of West Virginia to transfer property for parking lot of the new State Office Building. Motion made by Councilmember Kondik, second by Councilmember Moore, so passed.

NEW BUSINESS

Resolution to name an alley between Patterson Road and Hindman Lane. Motion made by Councilmember Dorich, second by Councilmember DeMasis, so passed 7-0.

Resolution authorizing contribution to the Weirton Area Ambulance and Rescue Squad for Club Card Memberships for Full-Tim Active City of Weirton employees.

Motion made by Councilmember DeMasis, second by Councilmember Kondik. Councilmember Dalrymple asked if this $5,000.00 is an annual contribution. A.G. Lucas stated this is a discounted club card for all the employees in the City of Weirton, so passed.

Resolution authorizing 2004 per Capita Contribution to the Brooke-Hancock-Jefferson-Metropolitan Planning Commission. Motion made by Councilmember DeMasis, second by Councilmember Dorich, any question to the motion, so passed.

Resolution authorizing payment of 2003-2004 for West Virginia Municipal League Dues. Motion made by Councilmember Kondik, second by Councilmember Moore, any question to the motion. Councilmember Miller asked if someone could explain what this is for and is it mandatory. Mayor Miller stated that you receive services from the Municipal League, information is throughout the state of West Virginia and they are a lobbying tool for the cities. So passed.

Resolution to place liens against real properties for costs incurred in demolition of Unsafe Properties Pursuant to Ordinance No. 250 (Morning Star Baptist Church).

Motion made by Councilmember DeMasis, second by Councilmember Moore so passed.

Resolution to place liens against real properties for costs incurred in demolition of Unsafe Properties Pursuant to Ordinance No. 250 (John Britton Estate) Motion made by Councilmember DeMasis, second by Councilmember Dalrymple, Councilmember Kondik asked Rod if we would have the liens filed within 30 days, Rod Rosnick responded yes, so passed.

Resolution to enter into agreement for Preparation of Master Plan and Cost estimate for proposed Weirton Main Street Gateway Park.

Motion made by Councilmember Kondik, second by Councilmember Moore, question on the motion, Councilmember DeMasis stated that since he represents this ward, this is the first time I have heard of this and does not know what it entails and wants to know where do we stand with this project, stated he is not against it but would like details. Councilmember Kondik stated in your packet that you received on Friday, the explanation of the scope of work is in there. The study will eventually tell us what you can do with the Kusic Property. Councilmember DeMasis stated that you always have a picture to see what exactly they are looking for. Mayor Miller stated this would cover an area downtown which will help us with the Kusic Property and think it is in the best interest of the city. Councilmember Moore stated that he thinks this started with the First Impressions Program and we will eventually get a rendering, although we did not like the Mayor from Huntington's comments we have to start looking at our city the way other people view this, we need to make it appealing to others. So passed.

Resolution to approve novation agreement between the United States Environmental Protection Agency, the City of Weirton and Weirton Area Water Board. Motion made by Councilmember Kondik, second by Councilmember Moore, question on the motion. Councilmember Kondik asked if A. D. Mastrantoni could explain to council how we got to this point. A. D. Mastrantoni stated that basically the federal government has made an earmark grant award of 2.4 million to the city, the city is the eligible recipient under the Federal Law. The water board made the application with Mollohan's office for renovation of mandated repairs of the Water Treatment Plant regarding disinfection by-products and in order to do the whole process rather than the money be disbursed from the EPA to the city, monthly you have to meet and monthly the water board has to meet to pay contractors to do the work. It was suggested by the EPA that the novation agreement be completed between the three parties that would streamline the whole process and direct the 2.4 million directly to the water board. Councilmember Moore asked if this was a matching grant. A. D. Mastrantoni stated it is a matching grant, but the Water Board will be matching the funds and it is a 55-45 match. Mayor Miller asked if this was a 6% or 4% of the investment for payment from the EPA. A. D. Mastrantoni stated the administrative cost were removed from the top and the Health Department from West Virginia will be administering this and also the EPA will be administering so they will remove 3% of the grant award for this. Motion made and second, those in favor signify by stating I, so passed.

Ordinance amending Traffic Control Map Ordinance No. 214 of the City of Weirton establishing a handicapped parking space at 417 S. 17^th Street. Motion made by Councilmember Dorich, second by Councilmember Dalrymple, so passed.

Resolution to authorize purchase of Lighting for AmeriHost Development. Mayor Miller called on Brae Bryant to explain this resolution. Brae stated that this is a proposed roadway and at some point the developers of AmeriHost did not come before council and request that this road be dedicated to the city. In development of structures and roadways such as this they go through a process which they go to departments and submit a request from Zoning and Planning Commission meetings and the Zoning and Planning Commission will approve this development based on the requirements dictated by the departments. Historically, in the six years that I have been here, cost have always been the developer, so before voting if you would pass this you will be going against the grain of what we have always done. Councilmember Kondik would you not agree that the 4.3 million dollar investment that they are making and deeding over the street and 32 acres plus would give us more access to development would we not have to sometimes go against the grain. In order to get a city street and the accessibility of 32 acres. Years ago we did it with Roll Coaters by giving them an easement on Freedom Way and the tax structure we received was astronomical compared to what we gave them. Brae stated that he serves the city and council and is only advising so you can make a decision, you could be setting precedent and what ramifications you might have you really don't know.

Councilmember Dalrymple stated that the 4.3 million that they spent on developing who left out lighting, did someone forget to put the street lights in. Brae stated that on the construction plans they did not have the lighting, Public Works did respond to the lighting and there was some discussion back in May at the Planning Commission that lighting would be a requirement. We haven't received the plans, but there was discussion with the Development Department along with the developer what is required. Councilmember Moore stated it was his understanding after speaking with Mr. Riccelli that his department did make the commitment to assist with the lighting, however the amount of that assistance was in the area of $5,000.00 and I would like to make an amendment. Mayor stated we already have a motion and a second. Councilmember Moore stated in discussing with him the figures they had anticipated assisting with this lighting which was close to $5,000.00 and this was based on the fact that this development would bring in $12,000.00 to the city from property tax, include fire and safety fee, excise tax, utility tax and hotel tax. Mayor asked Brae and Councilmember Moore if we do this for our own businesses in Weirton, or do they have to pay their fair share. Brae stated to his knowledge regarding street lighting the developer has always paid for the cost, and we have several developments still on the way Woda Development and Warsaw Development and they pay for the cost of the streetlight. Councilmember Moore asked if Weirton Steel has ever filed Chapter 11. Brae stated he is not for or against this resolution. He is just here to advise. Councilmember Moore stated if we are going to get 150% return on the investment within 12 months this sounds like a pretty good return to me. Mayor Miller stated the issue is not the return, the issue is primarily taking care of those who are in Weirton and if we are going to argue over a $16,000.00 bill and your talking about Weirton Steel and their issue right now, I think the City is in tough financial needs, I cannot recommend to anybody that the city put forth the $16,000.00, but understand this councilman, I am only the Mayor and council has to make the decision, one way or the other and I am just saying that I back our city people and what they are doing and we have to take care of the businesses in Weirton and we know what this will generate. Councilmember Moore stated hopefully 150% a return a year will help decide.

Councilmember Miller stated what we have done in the past is important, we have to move forward, and I feel we can compromise up to $5,000.00 maximum, this is what Bob suggested, I think we should go forward with this, most complaints that businesses have coming into the City of Weirton is we are not business friendly, I have had two businesses in this community and it has gotten a lot better but we are not where we should be as far as going after jobs and businesses that other communities will be going after and I feel the $5,000.00 max that Bob Riccelli has asked for we should endorse. Councilmember Kondik stated that he could not remember a $4.3 million dollar project in the last 10 years other than Roll Coaters. Mayor Miller stated that we would have to rewrite the resolution. Councilmember Kondik stated he would like to make a motion to amend the resolution that we will pay up to but not to exceed $5,000.00, second by Councilmember Moore. Mayor Miller asked if the Councilmembers understood what was being voted on, the amendment to the resolution where the amount would go from $16,000.00 to not exceed $5,000.00. Mayor stated he feels we are setting a precedent for the future builders in town. It is up to council. Those in favor signify by saying I, 6-1 with Councilmember Dorich voting no in favor of the amendment. Mayor Miller stated that he would like to have a vote on the resolution and those in favor signify by stating I, vote 6-1 with Councilmember Dorich voting no.

Resolution authorizing application and acceptance for West Virginia Legislative Digest Funds in the amount of $35,000.00. Motion made by Councilmember Kondik, second by Councilmember DeMasis, so passed.

Resolution to authorize Emergency Repairs to Weirton Fire Department Engine #4.

Mayor Miller called on Chief Cole to explain - Chief Cole stated since the voters voted to raise the spending limit the City Manager could have approved this spending. Chief Cole stated that we had the truck checked by the Public Works mechanics and it was on the recommendation of the Director of Public Works, Brae Bryant, that the brakes be completed replaced on the truck, last time it was around $1,300.00, so as I stated before this was a decision that could have been made by the City Manager, so there is the repair that is needed on the fire apparatus. Brae stated that the $1,300.00 that we are asking for is for parts the job would be done in-house, so labor is assumed by the City Garage.

Motion was made by Councilmember DeMasis, second by Councilmember Miller, so passed.

ADMINISTRATIVE REPORTS

No questions from Councilmembers to the various departments in the city Mayor Miller asked A. D. Mastrantoni to explain the EPA Grant. A.D. explained that the 2.4 million dollars was a grant that we were provided by the Federal Government and it came from a public earmark and was made available through the US EPA and the 2.4 million dollars will be addressing a disinfection by-product for the Weirton Water Treatment Plant.

The focus of the project is that chemical agents we had to purify water creates by-products in the chemicals that had been considered harmful and in order to remove those by-products we will be expending the 2.4 million in order to institute the process to remove the by-products and brings us into compliance with the EPA safe drinking water act.

TREASURER'S REPORT

Valerie Means gave the treasurer's report. It was moved by Councilmember Dorich and second by Councilmember DeMasis to approve the bills in the amount in $85,125.96. Mayor explained that the check register was in the back of the book. So passed

ADJOURNMENT

With no further business before this July 7, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer