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WEIRTON CITY COUNCIL COUNCIL MEETING - REGULAR SESSION October 14, 2003 7:00 P. M. A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on October 14, 2003 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: John Brown Public Works Superintendent Kessler Cole Fire Chief Vince Gala Police Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Valerie Means Finance Director Rick Rekowski Library Director Bob Riccelli Economic Development Director Rod Rosnick Chief Code Official Terry Weigel Millsop Community Center 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 Dalrymple to approve the minutes of: September 08, 2003 - Regular Council Meeting So moved, 6/0. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller urged the Citizens of the City of Weirton and Hancock County to sign a petition giving the Citizens of the City of Weirton and Hancock County the right to choose the economic destiny of the City of Weirton and Hancock County. WHEREAS, each region of our State has unique economic challenges; and WHEREAS, economic diversity is vital to our community, especially in the light of the domestic steel crisis; and WHEREAS, state-regulated racetrack gaming has resulted in the provision of thousands of job opportunities to local residents; and WHEREAS, additional job development potential is being realized through the development of related tourism businesses and sites of interest; and WHEREAS, the West Virginia Legislature is considering allowing the expansion of racetrack gaming to include table games to be decided on a County-level ballot option; and WHEREAS, the City of Weirton recognizes and supports the right of all citizens of Hancock County to choose our own economic destiny by allowing us to vote in a local option on whether or not to have racetrack table gaming in Hancock County. NOW, THEREFORE BE IT RESOLVED, that I, William M. Miller, as Mayor of the City of Weirton, do hereby ask all citizens of Weirton to sign the petitions which will be located in various businesses in the City of Weirton and will give you the right to choose the economic destiny of the City of Weirton and Hancock County. Mayor Miller recognized the month of October 2003 as Breast Cancer Awareness Month. BREAST CANCER AWARENESS MONTH OCTOBER 2003 WHEREAS, National Brest Cancer Awareness Month is in it's 19th year of educating women about the importance of early detection. More and more women are getting mammograms to detect breast cancer in its earliest stages. As a result, breast cancer deaths are on the decline; and WHEREAS, during National Breast Cancer Awareness Month, we recognize the progress being made towards a cure for the disease, which robs so many women of their health and, in too many cases, their lives. This year, an estimated 203,000 American women will be diagnosed with breast cancer, and almost 40,000 will die. Although we have made great medical strides in understanding breast cancer, much remains to be done to advance prevention, early detection, and effective treatment; and WHEREAS, regular screenings remain the most effective way to identify breast cancer in its earliest and most treatable stages. For women 40 and over, having mammograms every 1 to 2 years can reduce the risk of dying from breast cancer; and WHEREAS, to prevent breast cancer, we must increase awareness of its risk factors and causes. Age and genetic factors have been shown to increase the risk of breast cancer. And researchers are now exploring how diet and hormonal factors are linked to possible causes. This information will help women and their doctors make informed health care choices. NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Brooke and Hancock Counties, West Virginia, do hereby proclaim October as "BREAST CANCER AWARENESS MONTH" in the City of Weirton and call upon government officials, businesses, communities, health-care professionals, educators, volunteers, and all people of Weirton to publicly reaffirm our community's strong and continuing commitment to controlling and curing breast cancer. Mayor Miller recognized the week of October 20-24, 2003 as Municipal Government Week. MUNICIPAL GOVERNMENT WEEK OCTOBER 20-24, 2003 WHEREAS, all incorporated cities, towns and villages in West Virginia provide service to their citizens; and WHEREAS, citizens of cities, towns and villages may not be totally aware of those services or who is responsible for seeing they are efficiently provided; and WHEREAS, municipal officials desire to make their citizens more aware of the investment made on their behalf; and WHEREAS, one of the highest priorities is to educate citizens in the Mountain State as to what municipal government is and the positive impact it has on their lives; and WHEREAS, the program, Municipal Government Works, has been proven to be very successful. NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia, and on behalf of the City Council, do hereby proclaim the week of October 20-24, 2003 as MUNICIPAL GOVERNMENT WEEK in the City of Weirton and encourage all citizens to become informed, responsible and involved citizens. Mayor Miller recognized the week of October 20-24, 2003 as National Business Women's Week. Business and Professional Women's Club members were in attendance to accept the proclamation including Marilyn Skidmore, Woman of the Year, and Irene Mindzak. A photograph was taken of the presentation. NATIONAL BUSINESS WOMEN'S WEEK OCTOBER 20-24, 2003 WHEREAS, working women constitute 66 million of the nation's work force and strive to serve their communities, their states and their nation in professional, civic and cultural capacities; and WHEREAS, women-owned businesses account for 28 percent of all U.S. businesses, generating $1.15 trillion in sales; and WHEREAS, the major goals of Business and Professional Women/USA are to promote equality for all women and to help create better conditions for working women through the study of social, educational, economic and political problems; all of us are proud of their leadership in these many fields of endeavor; and WHEREAS, for 75 years Business and Professional Women/USA has been spotlighting the achievements and contributions of working women during National Business Women's Week WHEREAS, all of us are proud of their leadership in these many fields of endeavor: NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia, and on behalf of the City Council, do hereby proclaim the week of October 20-24, 2003 as NATIONAL BUSINESS WOMEN'S WEEK and urge our citizens to join me in recognizing the outstanding contributions made to the community by this organization. COMMUNICATIONS Mayor Miller announced that the new sound system has been installed in Council Chambers as requested by the citizens. The Mayor thanked the electrical department. Mayor Miller announced that the Lee Avenue Bridge will be looked at, and there would probably be an answer by Thursday or Friday in relationship to what improvements need to be made to the bridge to make it sturdy enough to use. Mayor Miller announced that a Drug Awareness program will take place on October 17th from 5:30 to 6:30 at Jimmy Carey Stadium, and a gentleman is here that will speak about it. David Dalrymple addressed the concerns of some Weir High fans about the City's observance of Trick-or-Treat on Friday, October 31st. He stated, "When we decided to declare Friday, October 31st as Halloween, we were well aware of the fact that Weir High was playing in Bridgeport on that evening. We are very proud of the way that Weir High has been playing this season. Due to the distance involved from Weirton to Bridgeport, we didn't see a major problem in holding Trick-or-Treat on that evening. We understand that the Weir High Boosters are going to arrange for buses to travel to Bridgeport to support the team, and there may be people who are upset because they are forced to choose between the game or staying in Weirton and letting their kids Trick-or-Treat. We would like to apologize for this unfortunate dilemma. With the Riders playing playoff caliber football, we feel that we will have the opportunity to see them playing for the State Title in the post season, and wish them good luck in their pursuit of the title of State Champion." David Dalrymple also commented, "I would like to address the concerns of many citizens about the recent onslaught of gaming rooms appearing in the city. Not only is it a local issue, it has become a statewide concern as well. Many cities and towns throughout the state are shocked by the rapid growth of these types of businesses. I would like it to be known that I am aware of it, and would like the concerned citizens of Weirton to know that I am considering a possible ordinance to limit the advance of these types of businesses similar to ordinances passed by other communities in West Virginia. State law limits our ability as a municipality pertaining to control where these businesses are set up and how much we receive in tax revenue. Recent newspaper reports have brought to light the monies being made from these machines in our town. I am calling on all local major lottery machine operators to step up to the plate and contribute to the greater good of the community by supporting those in need. There are many churches, schools and civic organizations in need of assistance in our area. Some citizens feel that the gaming rooms in town are bad for the community. You, as the machine operator, should be doing whatever is necessary to change that opinion." CITIZEN COMMENTS Bill Hair 3621 Hanlin Way: Mr. Hair commented, "Thank you Mayor, Council. Can you hear me? I don't have a microphone, so I was just wondering. The reason that I am here this evening, gentlemen, is too speak on behalf of this curfew ordinance, especially section 6, the penalty against the parents. Now, I have lived in Weirton since 1955. I've lived on Marland Heights since 1968. I have had motor homes, seven of them, since 1972. I have been very fortunate in my life. Until September 26th of this year, I never had a minutes problem, never had any problem at home, never on my properties, or anything, until I asked a couple of juveniles, one being a 13 year old boy, not to skateboard in that area. They're liable to get hurt, riding into the rocks and everything. Well, we've traced it down to between 4:00 and 5:00 in the morning. I get two rocks through the windshields of my motor home, causing over $2100.00 in damages. That's $1000.00 out of my pocket, because I have $1000.00 deductible. Yet these juveniles, you just let them run free. The police are doing their jobs. Since the first of the year, they have picked up over 56 of them. I am a little negligent, maybe on my part, that when I was Chief of Police, I didn't try to get something like this passed. I should have. But right now, like I state, all the officers are doing is picking these juveniles up and taking them home. Maybe the parents will get out of bed and let them in. I don't know. But, when you start fining the parents when they come down to the police station and post a bond, maybe they will think twice. Right now it's not working, the situation, the system we have. I remember when Bill DuFour was here, your brother, and I was Chief. He said we operate the department like a business or any department like a business. This is poor business, just taking them home like that. I plead with you to really seriously consider this thing. I have filed a lot of vandalism reports in my time. I made a lot of arrests on them. It was just a number at that time, maybe, but until it hits home, who knew what I needed. God forbid I hope that it doesn't happen to any of you. Don't forget, Halloween is coming up quick. In closing, all I have to say is, "Thank God that I am not down there now."" The Mayor thanked Mr. Hair for his comments. Ralph Barone 1045 Barone Drive: Mr. Barone commented, "Thank you Mayor, Councilmen, for giving me the opportunity to speak. I am here about the agenda concerning the ordinance requiring Weirton landlords to register all of their rental properties, apartments and units. I understand that the other ordinance that you had a first reading on is going to be redone, and now the second one is going to have its first reading tonight. To bring up some facts concerning this ordinance; number 1, I think the landlords, as well as all businesses in town, have enough burden on them right now. Between increases in property taxes, service fees, insurance, and filing all of the reports and then having the problems now of worrying about if they are going to even be in business because of Weirton Steel. I don't have to elaborate on that any further. I noticed this new ordinance says that a decal shall be posted at the main entry door to the rental property or apartments with the number units that are within that dwelling. Well, as far as I am concerned, then, that is telling me that every house in Weirton shall have a decal on it telling how many people live in the house. Citing one example, a very dear friend of mine. She is an elderly lady. She isn't well. She can no longer maintain her home. She moved in with the daughter and son-in-law. What are we going to consider that? A unit. How are we going to consider that? How are you people going to do this and figure out who is living where? I, as a landlord, can rent this home to Henry DeMasis, who is bringing up this ordinance, and what is to stop Henry, if somebody comes to him and says, "You know, I am having a hard time." I think that you are going to see more of it with, excuse the word, out-laws, or in-laws, or friends and mothers and aunts and uncles moving in because of the expenses and because of illness and situations like that. She has to live with her daughter and son-in-law. She can't handle it. Now, are we going to consider that a two-unit apartment house? Of course not. It's a single dwelling. I'd like to see somebody try to call it a two-unit apartment house. Then, we have the fact that I don't know how you are going to enforce it, but I have talked to Henry, and he stated that there would be people coming around and inspecting and whatever it is. Well, I'll tell you what. Before you come on my property, somebody better have a warrant for my arrest or there better be a disturbance or I will be filing suit against the City for trespassing. We have a State law to that effect. The other thing I would like to bring up, as I stated, you are going to see more and more people moving in, children moving in with parents. I know right across the street from me. Boeing laid off the son of the people that live across the street. He is home from Washington State. He was emancipated and long gone. So, we have a situation here. I don't know what purpose this ordinance was trying to develop, but the enforcement of it is completely wrong. I am quite sure there will be some lawsuits over it if it is attempted to be enforced, because I am not going to put a decal on any of mine. Also, to reveal to maybe robbers or burglars, the fact of how many people are in that house. I'll guarantee you, there isn't a law that will make me do it, not even this ordinance. We will see you in court. But, I'm just trying to make a point that I think that the City has more important things to concern itself with. I know that possibly there are a lot of violations with some families. But, if I own a home, and I want somebody to help me share the electricity, the water, they'll move upstairs. Heck, in the olden days of this town, when my father came from Italy, and settled in this town, to work in this town, to work in the mill, he was a border. That can happen too. Are we going to consider that a unit? I think we are well aware of where there are apartment units. Yes, there some people who are maybe separating things, but I will tell you that most of the setups here are legitimate, and I think the landlord is bothered enough." Councilmember DeMasis commented that he did not make the referenced comments to Mr. Barone. Mayor Miller thanked Mr. Barone for his comments. Mark Orecchio 3459 Riverview Drive: Mr. Orecchio commented, "Good evening. My name is Mark Orecchio. I own Orecchio Properties and Orecchio Construction. I am here to talk about the ordinance that Mr. Barone just spoke about requiring landlords to register their properties. I feel this ordinance is not going to accomplish its stated intent. This ordinance states that emergency personnel should have all possible protection against injury or death. How is this ordinance going to help our Fire Department and Police Department protect our citizens with the information registered at the City Building? Has anyone contacted the Fire Department or the Police Department to see if they feel that this is really going to benefit them to protect the citizens? The next part of the ordinance states City Administration should have the ability to determine the number of units within a dwelling. The City could determine the number of units already by the number of water meters outside or the amount of mailboxes outside. If there is a landlord hiding how many units he has in a building right now, he could just as easily not report it on the registration or incorrectly put it on the registration to hide the same unit. The next part of the ordinance, and my favorite is each rental dwelling shall post on the main entry of the door the number of units on the front door. How is this going to protect anyone? What will posting a sign on the front door accomplish? How is this going to benefit the city? What about the stigma of not owning your own home? Do you think people want a sign posted on their front door saying that they can't afford their own house, that they are renting? Not every rental property is a house on Orchard Street on HUD. I have a lot of houses downtown, but most of my houses are on the hill. In fact, I have a house on Palisades, a $130,000 house that I rent to two professionals. Do you think they want a sign posted on their $1200 door that says, "Hey, I'm renting? I can't own this house." I think you also have the negative aesthetics it is going to cause the City. You are going to drive down a street and see signs posted on a front door. As I said before, I have several houses with $1200.00 front doors. You want me to post a sign or sticker on that door? Who is going to enforce this? How will the City finance the enforcement? What about the economic burden this is going to cause? Who is going to pay for that? Does it make sense in a time when Weirton is in such economic hardship to add to that burden? How is all of this going to benefit the citizens of Weirton? I think the City of Weirton has bigger fish to fry, and better places to spend their money, than to implement an ordinance that may, at best, catch a few unscrupulous landlords who are trying to squeeze out one extra unit out of a house. In a time where Weirton is losing population, hopefully tenants they rent to will have jobs and spend money in Weirton's small businesses that are already having a tough time. I think the spending they spend will more than make up for the $50.00 fee that the City is missing out on. As I said in the beginning, I think this ordinance is not going to accomplish its stated intent. Thanks for your time." Mayor Miller thanked Mr. Orecchio for his comments. Karen Guglielmo North 12th Street: Ms. Guglielmo commented, "Members of Council, the proposed ordinance requiring landlords to register all property with the City is just another way for Weirton to fill the $1.7 Million dollar hole it has in its budget. Initiating another fine on landlords will only take money away from maintenance, repairs and upkeep. The City has already raped us on the Police and Fire Service Tax. And now to issue another tax? Things are just getting out of hand. I do not believe that this ordinance is designed to protect anyone. You do have the provisions to determine if a unit has been converted into multi-units. It is called the Building Inspections Department. You are doing a great job of running businesses out of town. This is just another reason for us to close up shop, file bankruptcy, abandon properties and leave them to decay in this City. We don't have other jobs to fall back on. All we want to do is to make a decent living and not be hassled every time we turn around. The City of Weirton has a $1.7 Million problem. This is not a good way to correct the overspending of the City." Mayor Miller thanked Ms. Guglielmo for her comments. Richard Croftan 114 Lee Avenue: Mr. Croftan commented, "Good evening Mayor, Council. I am here with two different hats that most of you may not know of. I am here as President of the Rotary Club of Weirton Heights and as Spokesperson for the Brooke Hancock County Drug Awareness Task Force. My intention here tonight is to invite all of the members of Council and the City Administration to attend our Community Rally which is set for Friday at 5:30 P. M. outside of Jimmy Carey Stadium. We do have a couple of guest speakers. The District Attorney from Northern West Virginia, Thomas Johnston, will be here to speak, as well as former Pittsburgh Steeler, Robin Cole. The Weir High Cheerleaders and the Weir High Band will also be participating. The Elks Club will have a trailer there that will have drug awareness material and our group will also be passing out material. We are just trying to educate the community and show our support that there are better things to do than to take drugs, particularly with the heroin problem that the City is now facing. So, once again, I invite all of the Councilmembers, the Mayor, the City and everyone in attendance to please come out and show your support. Thank you." Mayor Miller thanked Mr. Crofton for his comments, concern, and awareness and for bringing the issue to the forefront to the community, and also wished him much success. OLD BUSINESS Ordinance: Second Reading No. 1395: ZONING CHANGE FROM R-2 RESIDENTIAL TO C-2 COMMERCIAL ON STARVAGGI PROPERTY AT THE INTERSECTION OF POTOMAC AVENUE AND PALOMINO DRIVE. Motion was made by Councilmember Moore, second by Councilmember Dorich. Motion carried by majority, 5/1, with Councilmember DeMasis voting no. Ordinance: Second Reading No. 1396: PROVIDING COUNCILS APPROVAL OF THE SETTLEMENT OF THAT LAWSUIT ENTITLED "CLINE, ET. AL V. MILLER, ET. AL" (CIVIL ACTION 03-C-129-W) IN THE CIRCUIT COURT OF HANCOCK COUNTY, WEST VIRGINIA. Motion was made by Councilmember DeMasis, second by Councilmember Moore. Councilmember Kondik commented that he sponsored the ordinance several months ago and asked Council to decline, vote no, because the issue was mute due to Judge Wilson throwing the case out. Also, a Public Hearing will be held on Thursday to determine if there is any public objection to charter-changing ordinance 1407 which, if objections were submitted, would have to go on the next election ballot. Mayor Miller requested a roll call vote: Councilmember DeMasis No Councilmember Miller No Councilmember Moore No Councilmember Dorich No Councilmember Dalrymple No Councilmember Veltri Absent Councilmember Kondik No Motion was rejected by majority, 6/0. Ordinance: Second Reading No. 1397: ADDING A NEW SECTION TO THE TRAFFIC CODE OF THE CITY OF WEIRTON PROHIBITING THE OPERATION OF ALL-TERRAIN VEHICLES AND MOTOR VEHICLES WHICH ARE UNLICENSED BY THE WEST VIRGINIA DEPARTMENT OF MOTOR VEHICLES UPON ALL PUBLIC STREETS, ALLEYS, SIDEWALKS, PARKING LOTS, AND ANY AND ALL CITY OF WEIRTON OWNED, OR OTHERWISE CONTROLLED PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF WEIRTON; AND MAKING SUCH PROHIBITED OPERATION OF ALL-TERRAIN VEHICLES AND UNLICENSED MOTOR VEHICLES A MISDEMEANOR CRIMINAL OFFENSE AND PROVIDING FOR SPECIFIC PENALTIES THEREFORE. Motion was made Councilmember Moore, second by Councilmember Dorich. Motion was carried by majority, 6/0. Ordinance: Second Reading No. 1398: OMITTING VENDORS WHO HAVE NOT PAID POLICE AND FIRE SERVICE FEE FROM CONSIDERATION FOR CITY CONTRACTS. (Sponsored by Councilmember Moore) Motion was made by Councilmember Dorich, second by Councilmember Moore. Motion was carried by majority, 6/0. Ordinance: First Reading No. NEW: (Previously Tabled 09/08/2003) REQUIRING CITY OF WEIRTON LANDLORDS TO REGISTER ALL OF THEIR RENTAL PROPERTIES AND APARTMENTS/UNITS. (Sponsored by Councilmember DeMasis) Motion was made by Councilmember DeMasis, second by Councilmember Dorich to remove this ordinance from the table. Motion to remove the ordinance from the table carried by majority, 5/1, with Councilmember Dalrymple voting no. Motion was made by Councilmember DeMasis, second by Councilmember Dorich to amend the original ordinance that had been removed from the table. Councilmember DeMasis commented that he was pleased with the wording of the amended ordinance, that he felt that it would be an asset to our law enforcement officials and our fire department, and that we were not trying to cause any problems. Safety was at the essence of the ordinance, and Councilmember DeMasis requested that the other Councilmembers support it. Mayor Miller requested that the City Clerk present the full ordinance to Council. Councilmember Kondik asked if the ordinance had the same language as the ordinance that was tabled at the previous meeting. It was explained that this was an amended ordinance. Mayor Miller requested a roll call vote: Councilmember Kondik: No Councilmember Veltri: Absent Councilmember Dalrymple: No Councilmember Dorich: Yes Councilmember Moore: No Councilmember Miller: No Councilmember DeMasis: Yes Motion to amend the ordinance was defeated by majority, 4/2. Councilmember DeMasis made a motion to vote on the original ordinance, second by Councilmember Dorich. The motion was defeated, 4/2, with Councilmembers DeMasis and Dorich voting in favor. NEW BUSINESS Note: New business Agenda items 4 and 15 have been pulled from the agenda because of changes to these items. Resolution: TO ENTER INTO CONTRACT FOR THE PURCHASE OF ROAD DE-ICING SALT FOR THE CITY OF WEIRTON PUBLIC WORKS DEPARTMENT. Motion was made by Councilmember Miller, second by Councilmember Dorich. Councilmember Dorich commented that the Finance Committee has approved this purchase. Councilmember Kondik asked John Brown why we selected a higher bid. John Brown responded that the company with the higher bid was chosen because their bid included the storage of the material. The Resolution passed by majority 6/0. Resolution: TO AUTHORIZE REVISIONS TO THE 2003-2004 FISCAL YEAR GENERAL FUND BUDGET. Motion was made by Councilmember Kondik, second by Councilmember Dalrymple. Councilmember Dorich commented that the Finance Committee had approved the revisions. The Resolution passed by majority, 6/0. Resolution: TO AWARD THE CONTRACT FOR THE CITY OF WEIRTON AUDIT SERVICES TO BODKIN, WILSON & KOZICKI, P.L.L.C., OF WEIRTON, WV. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. Councilmember Dorich commented that the Finance Committee had approved the selection. The Resolution passed by majority, 6/0. Ordinance: First Reading No. New: TO RECOVER TRANSPORTATION COSTS OF PRISONERS BETWEEN WEIRTON AND THE COUNTY AND/OR REGIONAL COURTHOUSES. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO AMEND CITY ORDINANCE NUMBER 533.05 AND ESTABLISH THE WEIRTON CURFEW ORDINANCE OF 2003. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Councilmember Kondik commented that he wanted to commend City Solicitor John Yeager for orchestrating this ordinance. He stated that it was something that had been in the works for some time and thanked him for getting it on the agenda. John Yeager thanked Councilmember Kondik for his comments. Mayor Miller commented on 2 typos that occurred when the ordinance was being generated; Roman Numerals IX and X should be listed as VII and VIII respectively. The Ordinance passed by majority, 6/0. Resolution: TO ENTER INTO AGREEMENT FOR HEALTH AND VISION INSURANCE COVERAGE FOR CITY OF WEIRTON EMPLOYEES. Motion was made by Councilmember DeMasis, second by Councilmember Moore. Councilmember Dorich commented that the Finance Committee had approved the agreement. The Resolution passed by majority, 6/0. Ordinance: First Reading No. New: TO TRANSFER PROPERTY (PARCEL 362, MAP W42S AND PARCEL 363, MAP W42S) TO THE WEIRTON REDEVELOPMENT AUTHORITY. Motion was made by Councilmember Miller, second by Councilmember Dorich. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO ESTABLISH A RESIDENTIAL DISABILITY PARKING SPACE AT 204 HUDSON AVENUE. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO ESTABLISH A RESIDENTIAL DISABILITY PARKING SPACE AT 3308 ORCHARD STREET. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO ESTABLISH A RESIDENTIAL DISABILITY PARKING SPACE AT 540 GARDEN WAY. Motion was made by Councilmember Dorich, second by Councilmember Moore. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO INSTALL A STOP SIGN ON THE EAST SIDE OF HANLIN WAY AT THE INTERSECTION OF HANLIN WAY AND BEAUMONT DRIVE TO ESTABLISH A 4 - WAY STOP. Motion was made by Councilmember Kondik, second by Councilmember DeMasis. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO EXTEND EXISTING NO PARKING ZONE ON COURTLAND ROAD AT THE INTERSECTION WITH BRIGHTWAY FROM 15 FEET TO 25 FEET. Motion was made by Councilmember Kondik, second by Councilmember DeMasis. The Ordinance passed by majority, 6/0. Ordinance: First Reading No. New: TO EXTEND EXISTING NO PARKING ZONE ON GILSON AVENUE FROM THE INTERSECTION WITH GILSON AVENUE EXTENSION FROM 15 FEET TO 35 FEET. Motion was made by Councilmember Moore, second by Councilmember Dalrymple. The Ordinance passed by majority, 6/0. ADMINISTRATIVE REPORTS Fire - Chief Kessler Cole Chief Kessler Cole had no comments. Councilmember Kondik commented, "Chief, I received your letter last Friday, but didn't have time to follow up on it. I think you are missing one question. That is asking the County Commissioners what their intent is on the West End Station. You don't have it in your questionnaire, and I think that is something that we should address." Chief Cole responded, "Prior to, I did make a request from the Volunteer Fire Department for the use of the station. I have received no correspondence. I have talked to some of the Commissioners. At this time, I think it is a legal matter." Councilmember Kondik asked, "Was that their comment back to you?" Chief Cole responded, "That's what I picked up from the Commissioner. As I said, I received no correspondence." Councilmember Kondik asked, "Should we have something in writing on their opinion on what they want to do with the West End Station." Chief Cole stated, "Maybe our legal council for the City can answer that better than I could Councilman." City Attorney John Yeager commented, "My guess would be that the question in their mind now is weather it is still being used for fire fighting purposes or not. It is everybody's hope that it will be again, in which case, it should be remanded back to the County. So, they are probably waiting to see what happens with our lawsuit regarding the Fire Department. I suppose it would be nice if we could have that in writing from them. Would you like me to write to them and ask them? Councilman Kondik, responded, "Please." John Yeager replied, "I'll write to Mr. Hagg, who is their Council, and ask him to give us a word on that." Councilmember Miller commented, "Chief, we were made aware of this today. A picture of your department during a training session was featured on a National Firefighter's magazine. Is that not true?" Chief Cole replied, "Yes, I noticed an article in the newspaper that a local photographer had taken of a training session on Walnut Street where we were doing a live burn. The picture appeared on the cover and is an article in a nationally recognized magazine, Firehouse Magazine." Councilman Miller replied, "I think that should be noted on public record. Thank you Chief." Mayor Miller commented, "We ought to get copies of the magazine. It would be nice to display it somewhere Chief." Chief Cole replied, "Yes, Mayor. We do receive copies. Most of the time we receive 3 issues. I will make them available to the City, and we will come up with an appropriate place to display them." Mayor Miller thanked Chief Cole. Building Inspection / Code Enforcement - Rod Rosnick Rod Rosnick commented, "At Councilman's Miller's request, we expanded our report to include business licenses. This is the first month that it is included in the package. Councilman Miller requested us to start reporting every month the new businesses that opened in the City. That report was added to your packet. There were 23 new businesses this month. Councilman Miller commented that Rod had been very cooperative. He said, "It's very interesting that we all drive around the community and we will see a new business open up, and we don't know anything about it. I know that we track that information. I'd like to see us, if possible, print that listing of new businesses that are operating in town and out of town who ask for a license to operate in Weirton. I know that we have talked about video lottery machines. I think that there are only 4 or 5 on this latest list." Mayor Miller commented that this was good information to know and thanked Rod, as he will be including this report every month. He stated that it would be nice if the newspapers could report on that too. Public Works - John Brown We have just finished the fall clean up, and I think it was very successful. We had very few calls or complaints. We are looking forward to the inspection Thursday of the Lee Avenue Bridge. Councilmember Kondik requested that John update Council with the normal procedure for the fall leaf pick up and asked if it was going to start soon. Mr. Brown commented that quite a few leaves had come down with the heavy rains and wind we had today. He said, "The leaves are clogging the catch basins fast. We have one leaf rigger this year. We will be scheduling it within the next few weeks. We will notify the public." Library - Rick Rekowski Mr. Rekowski commented, "On behalf of the Mary H. Weir Public Library Board and the "Yesterday's Tomorrows Local Planning Committee, I would like to extend appreciation to our City Council and a special thank you to the Public Works Department and the help and coordination of John Brown for the building of the gallery that opened on October 4th on Walnut Street behind the Library. We have had many visitors, including visitors from outside the City, from various parts of the State, who wanted to see this gallery that was helped by Weirton City Government in kind and with the funding of the West Virginia Humanities Council for the City of Weirton. We would like to say again, thank you very much. Thank you for the help in working with these organizations to build it. I would like to extend an invitation to all if you have not been able to see the current first exhibit there. I would like also to say that you are invited tomorrow evening 6:30 at the library. Ms. Jeanie Hanning (sp) a professor of literature will be doing a presentation on science fiction and popular culture here at the library. She is a humanities scholar from the West Virginia Humanities Council. She will be traveling to Weirton to give this program tomorrow night. It is free. It is a cultural program under the Yesterday's Tomorrows. Again, it is what people of the past see their future to be. Whether it is the past, today, or people of tomorrow, it is what people's visions are of the community. I would like to say thank you very much. Mayor Miller thanked Mr. Rekowski and the library staff and said they have done the City proud. Parks and Recreation - Terry Weigel Terry Weigel announced, "The annual "Ghouls at the Pool" haunted house event at Marland Heights Pool will start this weekend, Friday and Saturday, at 7:00 P.M. It is a good time and a major fundraiser for the Park Board. It will be held this Friday and Saturday and also the following weekend on Friday and Saturday. We hope to see a great turnout of people of all ages to join in fright night." Police - Chief Vince Gala Councilmember David Dalrymple asked Chief Gala about the Ohio plate vehicles in the City. He commented, "A citizen got a hold of me about a someone with Ohio plates living in the area. Did you get contacted by the assessor's office to cooperate with them? Chief Gala responded, "We were contacted and we are in the process of trying to initiate that." Councilmember Dalrymple thanked Chief Gala. City Attorney John Yeager commented, "We might get some relief from this. I have noticed that the State of Ohio has raised their registration fee to $26 dollars. The problem used to be that it was only $10 dollars, while ours was $26 dollars. I think ours has gone to $30 dollars and now theirs is $26, so there won't be very much benefit in cheating anymore." Councilmembers commented that there would still be State Property Taxes, inspections and insurance. Economic Development - Bob Riccelli Bob provided a run down on the EDA Grant. He commented, "It is certainly good news. It's nice to be a part of bringing about $900,000 into the community. We had our first planning meeting with Philadelphia this afternoon, and we made out a schedule for the next year. As we finalize all of the details and the dates, we will actually start doing an advertisement next week, probably next Thursday, for qualifications for design. Once we get the qualifications in, a committee will be assembled to review those qualifications. Eventually, we will select a firm to do the design. Once the City signs off on the design, it will then be submitted to Philadelphia, as every aspect of this grant has to be submitted to the EDA before we can move forward. Once we get to construction, which is probably 9 months at the earliest from now, we can start our request for payment. We are now assembling the necessary documents for the expenditures to date. Everything we have expended will be able to be used towards our 40% match. I know that is a big concern for Council. We have already expended about 350,000 to 360,000 dollars. I think that is the number. If all of those expenditures are allowed, once construction starts, we can submit to get 60% of that back and actually roll over some of the government money. So, that's the hope. This is a 2-year project. Actually, by EDA standards, it is 2 years to spend money now. Pretty strict regulations. I have given Val a copy of the government regulations. I will provide the same to the City Attorney. I will keep you posted with the progress." Mayor Miller thanked Bob for his help in receiving this grant. TREASURER'S REPORT Valarie Means gave the Treasurer's Report for September 2003: Beginning Bank Balance: $ 345,914.34 Interest:$ 446.05 Deposits:$ 2,619,878.97 Disbursements:$ 1,274,663.13 Deposit To Investment Account:$ 700,000.00 Leaving Cash of…$ 991,576.23 Investment Account Balance:$ 1,019,189.75 Total Cash / Investments Available: $ 2,011,465.98 It was moved by Councilmember Dorich and second by Councilmember DeMasis to approve the Treasurer's report and to pay the bills. So passed, 7/0. ADJOURNMENT With no further business before this October 14, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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