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WEIRTON CITY COUNCIL COUNCIL MEETING - REGULAR SESSION November 10, 2003 7:00 P. M. A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on November 10, 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 Frank Veltri Councilmember Ward 7 George Kondik Councilmember Ward 5 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 Bob Riccelli Economic Development Director Dan Felton Building Inspector Coty Shingle Millsop Community Center John Yeager City Attorney Mayor Miller led the Pledge of Allegiance. APPROVAL OF MINUTES The recorded minutes of the October 14, 2003 regular City Council meeting had been amended. Mayor Miller requested that the City Clerk present the amendment to Council. The City Clerk presented the amendment. A motion was made by Councilmember Dorich and second by Councilmember Miller to approve the amendment to the minutes of the: October 14, 2003 - Regular Council Meeting The motion carried 7/0. A motion was made by Councilmember DeMasis and second by Councilmember Kondik to approve the minutes of the: October 14, 2003 - Regular Council Meeting The motion carried, 7/0. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller stated, "There are no awards or proclamations this evening. However, earlier in the evening we presented an award to the Weirton Women's Club in observance of their 80th anniversary. We extend much thanks and appreciation from the Council and the residents for their efforts. It was also a sad day, because they had a passing of one of their past presidents, Deloris Eckovich. We pass along our condolences from the City as well as the residents. She was a fine leader, and she certainly will be missed." COMMUNICATIONS Mayor Miller announced that Veteran's Day Services will be held tomorrow, November 11, 11:00 A. M., in front of the Millsop Community Center. Council People, as well as the public are invited. The Mayor also announced that the offices of the City Building will be closed tomorrow in observance of Veteran's Day. The garbage will still be collected. Mayor Miller asked the Councilmembers if they had any comments. Councilmember Dalrymple commented, "I have a couple of comments. As you can see by this evening's agenda, there is nothing related to video lottery. At the last meeting I stated that I wanted to present an ordinance for Councils' consideration to limit the rapid spread of the video lottery establishments throughout our City. I also referred to the limits that the State puts on local governments pertaining to video lottery. Last week, I was informed that the path I was taking, to bring this issue to Council was blocked by State law. I have asked for, and received, help from City officials on finding the proper way of constructing an ordinance that conforms to State law. We have been flooded by business license applications and building permits that are connected to video lottery. Another issue on everyone's mind is the City's problem with economic development. Are these establishments what we all had in mind when we talk of taking Weirton into the future? I don't think so. I am still waiting for the major proprietors in the video lottery business to come out and make a meaningful contribution to the many churches, civic organizations, or schools in our City. We all know what kind of money is coming into this town. Everybody is going through tough times. They can use the help, and you are in the position to provide it. On a lighter note, I would like to remind all of the registered voters of Hancock County of a very important school levy that will be up for renewal this Saturday. If this levy should fail, it would deliver a devastating blow to Hancock County's School System. Our children's education depends on the monies made available by this levy. This levy will not cause anyone's taxes to increase. If passed, it would continue the present levy rate. I would also like to thank the voting citizens of Brooke County for passing their levy last Saturday. Hopefully, the people of Hancock County will also realize the importance of its levy, and come out to the polls in support of our children's future. Thanks Mayor." The Mayor thanked Councilmember Dalrymple for his comments. Councilmember DeMasis asked, "Can I make a comment on these poker bars, also. During the first meeting that this new Council had, I spoke up, and I said these poker bars are coming up through the ground like weeds, here, there and everywhere. I said that nobody was coming on board to put a stop to it. But, just before this happened in the City of Weirton, at the VFW across the street there, on a Saturday, we had a meeting there with our local legislatures. Ed Bowman was there and so forth. Anyhow, everyone was complaining about what was to come up. They were hostile and so forth. Eddie Bowman said that in two or three days after this meeting, down in Charleston, it was coming on the floor to be voted upon. He said that if you were against this thing, to come down. Not one person went down. Not one person went down. None of the churches came on board for some reason or another. Now, everybody's starting to complain. I don't blame them for complaining. But, we had a chance at one time, and we let it go. That's all I have to say." Mayor Miller thanked Councilmember DeMasis. Councilmember Moore commented, "I have a comment regarding this. Councilman Dalrymple and I have been exchanging E-mails on this subject rather frequently. I think what it shows is the importance of the Unified Development Ordinance which is now being constructed, and input on that ordinance, and passage of that ordinance, which will allow us through zoning regulations to take control of certain areas of the City which are un-zoned and certain areas in our zoning code which we have been told that we do have the opportunity to place some limitations on these establishments through zoning ordinance. So, the real importance of the development of this Unified Development Code which is in progress under the auspices of Community Development here to complete that, get public input, and get that passed, because that actually will provide the structure by which we can control the growth, the economic growth of the City, and hopefully get more desirable, not that they are undesirable, that is a bad term, let me rephrase that, that we can somewhat regulate the growth of an expansion of business in the City of Weirton." Mayor Miller commented, "That's a good comment. But, one thing to understand with the UDO. It's in the process now. It will take anywhere from six months to a year to finally get it into a system that is organized and will pass through everybody. We have business people as well as other developers taking a look at it. We are going to have input from not only City Council, but we are going to have input from the businesses and the developers so that we can move along and sort of retrofit what we have in the city now to the oncoming new developments. So, we look for the UDO to take place sometime in the future. CITIZEN COMMENTS Jerry Shumate 30 Highview Circle: Mr. Shumate commented, "Good evening gentlemen. My name is Jerry Shumate. I live at 30 Highview Circle. I am here representing the Weirton Firefighter's Association, which is the Career Firefighter's Local 948 City of Weirton. I'd like to speak with you about the proposed agreement this evening before you about creating another volunteer fire department in the City of Weirton. I'd like to address this issue on accountability. Reading through the agreement, there's multiple legal problems in this agreement. Council is being misled. They are being swindled with this agreement. For you to accept this agreement is going to transfer all legal burdens and legal costs the volunteer fire departments have been bearing, to try to stop the actions that the Council has taken, back to you. There is going to be future litigation. OK. Some of the things that have been happening. There is an ordinance in this town to dissolve two volunteer fire departments, passed by Council, which you are sworn to uphold the ordinances of Weirton, and you were swindled, misled, or whatever you want to use, into dropping this lawsuit. You were probably guilty of misfeasance in office for taking this action. You did not uphold the ordinances of Weirton. You have been swindled to hurry this agreement through tonight. At the last workshop you've talked about special meetings to get this done before the Fire Commission meets in December, and what you are going to do is try to go and give an agreement to the Fire Commission to try to talk him into reversing their actions which was based on the State Code of Laws of West Virginia. You are also in a hurry to stop Judge Recht from putting a final ruling which the attorney representing the volunteer fire departments has asked for multiple continuances in all their legal matters. She didn't want to go to court. The law is not on their side, so they wanted to stay out of court. They are asking you to circumvent the West Virginia Law, to circumvent the ordinance in the Charter of the City of Weirton, and to circumvent the actions of the West Virginia Fire Commission. Some of the problems that have happened here, if you remember in the meetings that you had, the round table meetings that were closed to the public which are pretty much a violation of the sunshine laws, John Yeager made a quote that said, "It's OK to deceive the Fire Commission, as long as we get what we want." John Yeager interjected, "You're a liar." Mr. Shumate replied, "Excuse me Mayor. Councilmen. Can he say that?" Mayor Miller called for order. Mayor Miller commented, "In order. I'm going to keep it brief. The Chair will not entertain any more remarks out of the circumstances that we have. I take issue with some of the things you say, especially that we've been swindled. This is open discussion, and it had been opened, and I believe we brought the press into this. We spent a lot of time and effort. There's been a lot animosity, bad feelings, on each side of this venue. It is time that we put this to rest, Mr. Shumate…" Mr. Shumate interjected, "You're right." Mayor Miller continued, "…and, I'm not going to listen to any more dialog. We've had enough dialog on this issue, since I don't know when. On each side, there is much hatred. All I can tell you is we had better take a look at the future, because if you hold yourself to the past, and that's what everybody is doing, we are not going to be able to embrace the present and move on. The present situation is we have to take this issue, have a vote on it, and move on from here. Mr. Shumate interjected, "Yes, you do." Mayor Miller continued, "I appreciate your comments. I don't know how much longer you have, but I will give you two minutes and that's the end of it." Mr. Shumate continued, "OK. Your agreement is going to override the authority of the Fire Chief. It may be questionable in the State Code on weather you can form another volunteer fire department. There is an issue in this agreement for leasing city equipment to a private corporation without proper bidding procedure. The question I have is, some of the Councilmen believe it's a financial issue. Who is going to fund these volunteer fire departments? Brooke County has already changed its levy call if I am correct. Hancock County Commissioner Sorrenti (sp) has said he cannot give money to a private corporation. The State of West Virginia is…(unintelligible). The Fire Board that you want to create, in your last open meeting, you had a make-up that the Council agreed of, I guess in principle to, a new make-up of the Fire Board which would have been two (2) career fire fighters, two (2) from the volunteer division, two (2) from the new fire department you are creating, and the fire chief, three (3) Councilmen, a person from at-large, the City Manager and the Mayor. That's no longer in the agreement. I don't think you all have meant to change that, but that has been changed. OK. The assessment that they're going to agree and follow the rules of Council. They didn't dissolve, and Council instructed them to dissolve." Mayor Miller interjected, "You are going on past history. Again, I thank you for your comments. At this point in time, I am not listening to old history. The situation…" Mr. Shumate interjected, "OK. Can I wrap up?" Mayor Miller replied, "Yes, please do." Mr. Shumate continued, "Since you're not going to count my citizen's comments." Mr. Shumate stated, "The goal of Councilmen Miller and Dalrymple were to open the West End Fire Station and County Road Fire Station. The firefighters of Weirton agree to that. That's a very good goal. A solution to that is, Councilmen here (At this time, Mr. Shumate approaches Councilman Dalrymple and Councilman Miller and places documents directly in front of them.) are applications for the Weirton Volunteer Fire Department, Volunteer Division. If the people, who are interested in serving the City, fill out these fire applications, return the equipment that was paid for by taxdollar's money, and put into service, instead of holding it ransom, those stations can open tomorrow morning." Mayor Miller interjected, "That's enough. Thank you very much." Mr. Shumate interjected, "And in final Council, you are responsible. Thank you sir." Mayor Miller replied, "We understand all of that. I appreciate your comments." OLD BUSINESS Ordinance: Second Reading No. 1396: PROVIDING FOR THE RECOVERY OF THE TRANSPORTATION COSTS OF PRISONERS BETWEEN WEIRTON AND THE COUNTY AND/OR REGIONAL COURTHOUSES. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1399: AMENDING CITY ORDINANCE NUMBER 533.03 ESTABLISHING THE WEIRTON CURFEW ORDINANCE OF 2003. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1400: AUTHORIZING THE CONVEYANCE OF CITY OF WEIRTON PROPERTY (PARCEL 362, MAP W42S AND PARCEL 363, MAP W42S) TO THE WEIRTON REDEVELOPMENT AUTHORITY. Motion was made by Councilmember DeMasis, second by Councilmember Miller. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1401: AMENDMENT NO. 614 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, ESTABLISHING A RESIDENTIAL DISABILITY PARKING SPACE AT 204 HUDSON AVENUE. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1402: AMENDMENT NO. 615 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, ESTABLISHING A RESIDENTIAL DISABILITY PARKING SPACE AT 3308 ORCHARD STREET. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1403: AMENDMENT NO. 616 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, ESTABLISHING A RESIDENTIAL DISABILITY PARKING SPACE AT 540 GARDEN WAY. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1404: AMENDMENT NO. 617 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, ESTABLISHING 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 Veltri. The Ordinance passed by majority, 7/0. Ordinance: Second Reading No. 1405: AMENDMENT NO. 618 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, EXTENDING THE 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, 7/0. Ordinance: Second Reading No. 1406: AMENDMENT NO. 619 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON, EXTENDING THE 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, 7/0. Ordinance: Second Reading No. 1407: PROVIDING FOR THE APPOINTMENT OF AN ACTING CITY MANAGER (This ordinance had its first reading during the September 08, 2003 regular meeting of City Council. It was published on September 15 and 22. A public hearing was held on October 16, 2003, in which written objections were received. Therefore, upon passage of the second reading this evening, this Charter Amending Ordinance must be added to the next election ballot.) Motion was made by Councilmember Dorich, second by Councilmember Veltri. Councilmember Kondik asked, "Is this the ordinance that we had the public hearing on?" City Clerk Thomas Maher replied, "Yes." Councilmember Kondik continued, "This is a mute situation now, right?" Mayor Miller replied, "Not necessarily. If it is acted on and passed, then in the year 2007, it goes on the ballot, and then the citizens vote on it. That's the only way you can change the Charter." Councilmember Kondik continued, "I thought we had a second reading on this thing." City Clerk Thomas Maher replied, "No, only the public hearing." Councilmember Kondik replied, "OK, fine. Thank you." The Ordinance passed by majority, 5/2, with Councilmembers Dalrymple and DeMasis voting no. The Mayor stated that the ordinance would go on the ballot in 2007. NEW BUSINESS Request by City Manager to convene into Executive Session consistent with West Virginia State Code 6-9-A-4 (4) to discuss litigation and personnel matters. Motion was made by Councilmember Moore, second by Councilmember Dorich. The Ordinance passed by majority, 7/0. EXECUTIVE SESSION Request by Mayor Miller to call the meeting back to order. Motion was made by Councilmember Moore, second by Councilmember Dorich. The Ordinance passed by majority, 7/0. MEETING RECONVENED FINANCE COMMITTEE RECCOMENDATIONS: Mayor Miller requested that Councilmember Dorich report on the items under new business that the Finance Committee had reviewed and passed. AGENDA ITEM NO. 03: RESOLULTION TO ENTER INTO CONTRACT FOR THE PURCHASE OF A FIRE SAFETY HOUSE FOR THE CITY OF WEIRTON FIRE DEPARTMENT. Councilmember Dorich reported, "This project costs $29,695, and most of the money has been donated by civic groups and businesses in City of Weirton." Mayor Miller requested that Fire Chief Cole comment on the project. Chief Cole responded, "Yes. It's a great piece of fire prevention apparatus. At this time I would like for Lieutenant Hinchee of the Weirton Fire Department, who has been instrumental in getting the large portions of money, to comment. If you would, Bob, you can explain to Council and the people what it will be used for and where it will be used." Lieutenant Hinchee responded, "This is a fire safety education house. It's built like a camping trailer. It's mobile. We can move it around to different locations and use it to teach children, as well as adults, the various fire safety behaviors. It produces a non-toxic smoke which teaches people how to crawl under smoke and escape buildings. Through our fire safety program, we find that we teach kids predominantly through preschool up to third and forth grades in the school system. After they have been through various programs, they still haven't went home and actually physically practiced this. This is a tool that sparks interest in kids. It's interesting too, to go into one of these, and use them. It will actually give them kind of a lifelike experience of how to escape a simulated fire situation. It is set up in a bedroom, living room and kitchen area. We can use it to show kitchen safety and different safe things in living rooms, alternative heating devices, smoke detectors, carbon monoxide detectors, how to escape out of second exit, the use of windows and ladders and such. It has smoke detectors, and it is also equipped with hearing impaired smoke detectors with the strobe lights. It is ADA accessible, so we can also adapt it to use for disabled people. It is a very good tool and it's very mobile. We can take it anywhere; use it at any type of schools, any of the fire stations. We can take it to a program like you guys have at Marland Heights Pool and run mass amounts of people through it." Mayor Miller thanked Lieutenant Hinchee for his comments and passed on appreciation for his eagerness to help supply this to the City and his effort in getting it done. AGENDA ITEM NO. 02: RESOLUTION TO AUTHORIZE UPDATE TO THE CITY OF WEIRTON'S CODIFIED ORDINANCES Councilmember Dorich reported that the resolution was passed by the three members of the finance committee. They propose it tonight and support it. Councilmember Dorich stated that the Finance Committee did not pass on three items, one agenda item and two non-agenda items: AGENDA ITEM NO. 10: RESOLUTION TO AUTHORIZE THE PURCHASE OF TWO (2) VEHICLES FOR THE WEIRTON POLICE DEPARTMENT. The Finance Committee moved its decision on this until a further date. NON AGENDA ITEM: TO ENTER INTO CONTRACT FOR THE PURCHASE OF GUARDRAILS FOR MARLAND HEIGHTS ROAD UTILIZING WEST VIRGINIA STATE CONTRACT. The Finance Committee passed on making a decision because no bids had been received. NON-AGENDA ITEM: ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A USERS FEE FOR THE CITY OF WEIRTON. The Finance Committee passed on making a decision. AGENDA ITEM NO. 04: RESOLUTION AUTHORIZING APPLICATION AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS FOR THE WEIRTON STEELERS FOOTBALL LEAGUE. AGENDA ITEM NO. 09: RESOLUTION TO ENTER INTO CONTRACT FOR THE PURCHASE OF BODY ARMOUR PACKAGES FOR THE WEIRTON POLICE DEPARTMENT. APPOINTMENT OF POLICE CHIEF Mayor Miller stated that he had received a letter from the City Manager recommending the appointment of the Police Chief. Mayor Miller stated, "We submit the name of D. Lance Scott for Council's review. I entertain the motion to accept the appointment of D. Lance Scott as Police Chief." Motion was made by Councilmember Miller, second by Councilmember Veltri. The Ordinance passed by majority, 7/0. Mayor Miller stated that the new appointed Chief of Police was standing in the back. He congratulated D. Lance Scott and stated that the appointment will take place effective on November 29, 2003." (Applause) Mayor Miller stated, "At this point in time I would like to certainly thank the Interim Police Chief Vince Gala for service and duty to the City of Weirton, for service and duty to the Police Department, for service and duty to the Citizens of Weirton. We appreciate his time, his effort and his expertise in the field of law enforcement. We thank you Vince. Please stand up." (Applause) The Mayor said, "Also, I would like to thank all of the other individuals that submitted their resumes for the Police Chief capacity. We thank you too." Resolution: TO AUTHORIZE UPDATE TO THE CITY OF WEIRTON'S CODIFIED ORDINANCES. Motion was made by Councilmember Dorich, second by Councilmember Kondik. Resolution passed, 7/0. Resolution: TO ENTER INTO CONTRACT FOR THE PURCHASE OF A FIRE SAFETY HOUSE FOR THE CITY OF WEIRTON FIRE DEPARTMENT. Motion was made by Councilmember Dorich, second by Councilmember Veltri. Councilmember Miller commented, "I just would like to bring it to everyone's attention. I think it was State Farm who was a major contributor to that. Is that not true?" Lieutenant Hinchee replied, "Yes, State Farm contributed $21,138 toward the purchase of this." Mayor Miller commented, "As Councilmember Miller said, we thank State Farm for their input into safety and fire issues. Thank you very much." Resolution passed, 7/0. Resolution: AUTHORIZING APPLICATION AND ACCEPTANCE FOR WEST VIRGINIA LEGISLATIVE DIGEST FUNDS FOR THE WEIRTON STEELERS FOOTBALL LEAGUE. Motion was made by Councilmember Dorich, second by Councilmember Moore. Councilmember DeMasis commented, "I just wanted to ask who is going handle the liability of this. Are we liable for this?" Mayor Miller replied, "No. Primarily, it is like little league Henry. They have their own insurance. They have their own liability coverage. If you want to meet with Scott Colvin tonight, we will go ahead and sit down and talk with him after we meet here." Councilmember Moore commented, "I have a comment as well. As a parent who's daughter is at practice right now for the Weirton Steelers. Number one, this is money coming from the City (unintelligible) Acts that passed through. They applied for the grant. The grant Steve had passed through. This will also be used, I believe, to upgrade the existing field at Oakland to allow the Weirton Steelers to use and maintain that field, and actually give them a home place to play. They have borrowed the parking lots at the picnic grounds for some time. They are grateful, but it will provide them a home practice field to play. Anything, I think, that gets the youth, keeps them busy, keeps them out of trouble. So, I appreciate this as well, as a parent." Resolution passed, 7/0. Resolution: TO ENTER INTO THE "IN LIEU OF" AGREEMENT WITH WEIRTON STEEL CORPORATION. Motion was made by Councilmember Moore, second by Councilmember Dorich. Councilmember Miller commented, "Do we have to abstain, as former employees of Weirton Steel?" Councilmember Kondik replied, "Yes." Mayor Miller replied, "That may not be true as there is the bankruptcy issue. But…" Councilmember Kondik replied, "I wouldn't take the chance of that." Mayor Miller continued, "Neither here nor there…I can't vote, so it doesn't make any difference to me. That's a good point." Councilmember Miller commented, "I think you need to take a roll call." Councilmember Kondik commented, "You're supposed to leave the room. Who made the original motion?" City Clerk Thomas Maher replied, "Councilmember Moore." Councilmember Kondik continued, "I'll second Councilman Moore's motion." Mayor Miller replied, "Motion has been made and seconded by no ex Weirton Steel personnel. They have to leave the room." Councilmember Kondik commented, "I have a discussion on it." Mayor Miller and Councilmembers DeMasis, Miller, Dorich and Veltri exit Council Chambers. City Clerk Thomas Maher assumed the Chair. Thomas Maher stated, "This is the resolution to enter into the in lieu of agreement with Weirton Steel. We will take a roll call vote." Councilmember Kondik commented, "City Attorney, I need you to explain item number six. I am not 100% clear on this…bargaining chip of in lieu tax shall be reduced by $1.00." Finance Director Valerie Means replied, "That's always been in there. They are just saying that they are limiting the amount of revenues that will be brought into the City, and if the revenues exceed twelve million, then they want a reduction on their in lieu of agreement." Councilmember Kondik continued, "For every $2.00 that we receive…" Finance Director Valerie Means replied, "Like a 50% reduction. Yes." Councilmember Kondik continued, "For every $2.00 that we receive over twelve million, they want a $1.00 reduction in their in lieu of agreement." Finance Director Valerie Means replied, "But, I mean that's taking out of sources such as grants, like the Federal EDA money, the Brownfield's grants…" Councilmember Kondik continued, "I'm glad you're going there. Because what else could be generated. My comment is…" Finance Director Valerie Means replied, "I mean, those are the only things that they are exempting." Councilmember Kondik continued, "OK. What else could be brought in?" Finance Director Valerie Means replied, "It would all depend on what Council would change. If you added new fees or taxes or anything like that." Councilmember Kondik continued, "And if that should exceed the total budget of twelve million dollars, for every $2.00 that we receive, they'll have a $1.00 reduction." Finance Director Valerie Means replied, "Right." Councilmember Moore asked, "If you take out the carve outs, do you have any idea, roughly, what the amount of revenue it would leave for the City. I mean even with them, isn't the revenue…" Finance Director Valerie Means replied, "You're probably only about 10.5 right now." Councilmember Moore continued, "OK. So, we would have to generate a million and a half from somewhere, and that's in six months, because this only runs till June 30th…" Finance Director Valerie Means replied, "Right." Councilmember Moore continued, "I don't see us generating a million and a half…" Councilmember Kondik commented, "OK, OK, All right. No. I just need. OK. Thomas Maher asked if there were any additional comments. Roll call vote: Councilmember Moore Yes Councilmember Dalrymple Yes Councilmember Kondik Yes Resolution passed, 3/0. Mayor Miller and Councilmembers DeMasis, Miller, Dorich and Veltri return to Council Chambers. Mayor Miller assumes the Chair. Resolution: RECOGNIZING THE LOYALTY AND SERVICE OF THE VOLUNTEER COMPONENT OF THE WEIRTON FIRE DEPARTMENT Mayor Miller requested that the City Clerk present the resolution. The City Clerk presented the resolution. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Councilmember Kondik commented, "I can see where this is going to be a resolution that honors these volunteer fire department under the blended department of both paid and volunteer firefighters. Maybe I am going a step beyond what I should be doing here, but commending the blended department of the volunteers that we have now for the last year and a half is a big part my argument for the next ordinance. I look at the other side of the coin where the volunteers are not a part of this resolution that want to be a fire fighter, that they are good men. They are good fire fighters. They are dedicated citizens and pillars of our community. This is a big part of what is going to come up next. We should support this, and we should support the volunteers that want to be volunteers again. But, the whole thing should be considered under the blended department of the City of Weirton. Thank you." Mayor Miller thanked Councilmember Kondik for his comments. Resolution passed, 7/0. Ordinance: First Reading No. New: ESTABLISHING AGREEMENT FOR FIRE SERVICE WITHIN THE CITY OF WEIRTON. (WEIRTON FIRE SERVICE ORDINANCE OF 2003) Motion was made by Councilmember Dorich, second by Councilmember Dalrymple. Councilmember Kondik commented, "I must make my claim again in this reorganization. I just said that what we have over the last year and a half is a combined unified department, which is probably second to none. As I look at the other side of the coin and the other volunteers that want this final agreement to be 100%. It's not anything on their personality or their ability to fight fires. The issue to me on this is the fact that we have a combined fire department and we're adding an independent fire department which, since 1947, has been against State code. For the life of me, I just can't understand why we cannot accept the volunteers under the new code. All they want is a running zone. We have a running zone in the West End available for them tomorrow. They can be firefighters, which they are good at, and they can be in business tomorrow." Councilman Moore commented, "There are articles in there that go back to before I was born regarding the dispute between the volunteers and the career firemen. Just after a while, it all sounds the same. It's all noise. In here there are reasons why they shouldn't be removed, why they couldn't be removed. But, I have not one thing, in all these papers, that tells me why they can't fight fires under the present system in the City. No one has sued. No one has even made a claim that the present system of fire fighting available and the present avenue available to the volunteers is illegal. It has never been challenged. It was accepted by the State. It has been in place without a legal challenge. We have heard through our budget workshops the term duplication of services, a favorite of Councilman Dalrymple and Councilman DeMasis to the point where they would like to even consider doing away with Community Development in the City, and turning it over to one of the other economic development organizations. We're here tonight proposing a duplication of services. This is a duplication of volunteer services that we already have. We are opening ourselves up to the possibility of litigation with this where we have no litigation. There is no litigation against the present volunteer company in the City of Weirton. There is clearly potential for litigation in this ordinance and this agreement. I am just somewhat at a loss. The definition of volunteerism is to give without repayment or without recognition. My eight-year-old daughter got up Saturday morning to go out with me and pick up trash in the City. I didn't ask her to. She heard me talking about it. She got up and she came out with Mr. DeMasis, Councilman DeMasis, Councilman Miller, I don't want to miss anybody, Attorney, Attorney Yeager, to pick, because that is the definition of volunteerism. We have an avenue for all of those who wish to volunteer to fight fires. We have an avenue that will incur the City no present litigation, and what appears to be no future litigation. In terms for passage of an agreement that, I am certain, will cause the City considerable time. Even if we win the litigation, it will cost us Mr. Yeager's time that he can be working on other issues for the City. There is opportunity cost here that is lost. I am certain that we do not have in front of us tonight an ordinance of a service of a fee structure because Mr. Yeager's time has been used up working on this right here. We have an opportunity for those who wish to be volunteer firemen to participate. No one has been denied. No one who has applied to be a volunteer fireman has been refused. Am I correct Chief?" Chief Kessler Cole replied, "That is correct." Councilmember Moore continued, "So I am not sure why we are taking time and effort and potential money from the City of Weirton, which has very little of any of those resources available to spare to deal with an issue where there is already an avenue set forth for those who wish to fight fires." Mayor Miller thanked Councilmember Moore. City Manager, Gary DuFour, commented, "Mayor, just as a matter of a point of reference. When I came on board with the City in August, the discussions were under way as to how to handle the issue of some litigations that were out there involving the former fire departments, and part of that undertaking was to look at formulating an agreement between the City and those departments which would conclude the litigations that sat there and hopefully bring everybody into, more or less, one fold. In those discussions that were held, two scenarios were put fourth. One was to bring volunteer one and three under one roof as one unit, and work with the City of Weirton by or through an agreement. That's what is sitting here. The second course was and agreement wherein they would become part of our existing structure of a blended department. The City submitted the question to the State Fire Commission for their advice. They didn't give any. They have yet to give any advice from the August 11 letter. The confusion ensued on the 18th clarified again by Council, reinforced by signing by all members of this Council, on the 26th of August to the Fire Commission saying, "We stand with our letter of the 11th, (unintelligible) please respond to us." No response has been received. What brings us to some point of decision here, it appears, is to place before the Fire Commission something that they will hopefully respond to, up or down really. I really believe they could have averted this. We have spent a lot of time, all of us, every one of us at this table, with this issue. We may end up spending more time again no matter what direction occurs here. But, I think I cannot help but be somewhat critical of our State Commission for not responding to the request of the City of Weirton. It would spare, I think, maybe a lot of (unintelligible) unnecessary work, would enlighten us as to their mind. As a result, we have to place something on the table in front of them, so therefore this ordinance. Is it acceptable to them? Is this a scenario that's acceptable, in general terms? It is unknown. We ask that in August, and don't have an answer. Is the other scenario acceptable to them? We posed it. They did not give us an answer. I think we need to place something before them in which we can receive some type of answer or direction so we can look to overall resolution. I think that additionally one thing that has come clear in what I have seen evolve in this (unintelligible) and discussion is the ruling by the Courts that the City of Weirton will determine who will provide fire service within its municipal boundaries. There will be no more private entities or private corporations to provide such service. The ruling of Judge Mazzone is very clear. Those services will be provided by whom this Council designates. I think that that is a very substantial change from the situation that existed for almost fifty years until 2002 when the first reorganization was undertaken. Still lingering in the background were the lawsuits, litigation, some of which are still there, but do not involve the City, at least at this moment. So, I believe that the whole effort here is to lay the question in front of the State Fire Commission, and to obtain an answer from them, weather this is a proper form that they can approve, and further, if it is not, then it brings back the question of the second choice which I will remind everyone of which was as a division of the current department. So, from my perspective, those are the issues here, and I think in the end the ruling of the Court to date from Judge Mazzone was that the City of Weirton will decide and so we must that there will be no further corporations here, other than those that the City selects and the State under its powers can approve, again, as part of its policy of the Fire Commission." Councilmember Miller commented, "I have a comment, Mayor. This subject began way before the previous Council voted to change the fire structure, as we know it. A number of years ago they began to place paid firemen at Gilson Avenue. It was a manned station by volunteers for fifty some years on Weirton Heights, just as the West End station was manned by volunteers. The big differences between the Gilson Avenue, Company Two on Marland Heights and the West End Station is the City owns Gilson Avenue and Marland Heights property. The West End Station is owned by the volunteers. To put West End back into action, we have to reactivate the volunteers to operate that unit. A lot of the volunteers who signed up for the combined departments, I think it was well over forty, are not participating, basically because they are located an extremely long distance from the main stations, or where their home station would be. I would just like to make that comment. The West End Station is in my Ward. I would not be sitting in this seat if I did not support this change, because most of the residents in Ward Two did not understand why we got rid of the volunteers on Weirton Heights. That's plain and simple. I am here to represent the citizens of Weirton Heights and I am for opening the West End Station. Now, if we open West End Station with paid firemen, if we could afford to do that, I would do that. But, we can't afford to do that. We can't afford to buy the building. We can't afford to buy their equipment. At the same time we are paying the leases on volunteer equipment out at Company Number Two. This also started years ago by a personal vendetta. It had nothing to do with anything else about firefighters not getting along, or money or any other reason. There was a personal vendetta. We all know that. It goes back ten or twelve years, and that's why it's happened. It didn't need to happen, and it's tearing the community apart. Go out on the streets and talk to the citizens of this community and they'll tell you. It's why we have a new Mayor and a new Council. The biggest issue of the previous election was what happened to the volunteer fire department on Weirton Heights, plain and simple. We support the paid totally. I think we have one of the best fire departments, paid fire departments, in the State of West Virginia. But, we also, going forward, we don't know what the future lies with Weirton Steel. They have a paid fire department themselves. Most corporations don't. The City is responsible for fire protection for every business, industry and citizen in this community, and we may find ourselves not able to handle that job. The rumors are flying rampant about eliminating positions and firemen, and that's not true. I'd like to see the fire department get stronger. We need to provide those services. That's all I have to say. Mayor Miller thanked Councilmember Miller for his comments. Chief Cole commented, "Mayor, if I could, I'd like to respond to the City Manager. City Manager, one of the things that you stated that the combination of the department was not accepted by the State of West Virginia. I believe through the conversation that I have had with you and through the State insurance premium monies, that the City of Weirton Fire Department and its Volunteer Division is receiving monies. So, that correction, I wanted in there that actually they do accept the combination department. I believe you said …" City Manager DuFour replied, "If I said that, it was a slip of the tongue. Because, certainly they couldn't operate if they were not stamped approved. Thank you Chief. You are right. Thank you." Mayor Miller thanked Chief Cole for his comments. Councilmember Moore commented, "I wanted to mention per the City Manager's comments. We don't have to put anything on the State Fire Commission's table. There is nothing we have to put on the State Fire Commission's desk. And, the only reason we probably didn't get an opinion from the State Fire Commission is because of the litigation that still exists, that has been filed and prolonged by the ex-volunteer divisions. They have told us, "We will not even talk to you until all litigation is resolved." And that is the outstanding litigation." Councilmember Dalrymple commented, "Point of order Mayor. Not everybody had an opportunity to speak. I'd like to speak." Mayor Miller replied, "Then you are up. Robert's Rules of Order." Councilmember Dalrymple continued, "I have to agree with everything that Bubba had said. That was a main issue of this campaign, of my campaign. I know Bubba's campaign, but I don't know about the rest of the guys. But, I know that I got beat over the head by both sides on this. That was the main question. What happened? What happened to the volunteers? I told everybody that I talked to about it that I would look into to try to find out what happened. I wouldn't know what happened until I would be able to get in and get to the information. It wasn't available. Now I have been in here. I have read the information and, like Dale's pile over there, I have the same pile at my house. Bubba's right when we are talking about the vendettas and the hard feelings. We have to get beyond that. This is not grade school. We are talking about lives here, and we need to have as many people as we can get fighting fires. Like Bubba says, it's no slight to the guys down at the paid department and the guys that are volunteering right now. You guys are doing a fantastic job. We just want to get that station open by my Ward and by Bubba's Ward, and get as many people as we can fighting fires. No one's going to run from my street all the way downtown when they can just shoot right up the road and operate out of the West End Station. Something needs to be done. We need to put the past behind us, and get on with life. We need to get on with the future. It's never going to change if everyone's going to keep worrying about what happened then and what this guy did and what this guy said, and he said she said. That's not what it is all about. What it is about is the safety of citizens of this community in putting as many people with a hose in their hand putting water on a fire as we can. The State has once again, like they usually do, they've locked us up. We've gone to them, to bring these plans to them, to see if they would give us some guidance. They haven't done that. They have refused to make a stand, so we have made a stand. Now they can come by tomorrow and say, "Sorry, you can't do that." Well, here is our next option. Can we do that? They can say, "Sorry, you can't do that either." Then, we are back to square one. I owe it to the people that asked me, when I was elected, to try and find out the solution to the problem. That's what we are trying to do. We are trying to find the solution to the problem. We are just not getting cooperation. Therefore, we have to do what we are doing right now. That's putting this ordinance out for Council to consider, and if passed, putting it in the State Fire Marshall's lap and seeing what he will do about it. We will go on from there. That's all I have." Mayor Miller thanked Councilmember Dalrymple. The Mayor requested a roll call vote: Councilmember DeMasis Yes Councilmember Miller Yes Councilmember Moore No Councilmember Dorich Yes Councilmember Dalrymple Yes Councilmember Veltri No Councilmember Kondik No The Ordinance passed by majority, 4/3. Ordinance: First Reading No. New: RECINDING PREVIOUS ORDINANCES TO REQUIRE THE DISSOLUTION OF VOLUNTEER FIRE DEPARTMENTS IN THE CITY OF WEIRTON. Motion was made by Councilmember Dalrymple, second by Councilmember Dorich. The Mayor requested a roll call vote:
Councilmember Moore No Councilmember Dorich Yes Councilmember Dalrymple Yes Councilmember Veltri Yes Councilmember Kondik No Councilmember DeMasis Yes Councilmember Miller Yes The Ordinance passed by majority, 5/2. Resolution: TO ENTER INTO CONTRACT FOR THE PURCHASE OF BODY ARMOUR PACKAGES FOR THE WEIRTON POLICE DEPARTMENT. Motion was made by Councilmember DeMasis, second by Councilmember Dorich. Councilmember Moore commented, "Weren't we re-bidding this because we were to have another bidder." City Manager DuFour replied, "Yes, this was a second bid. We sent notices to four firms, and only received one bid." Councilmember Moore continued, "OK. I was thinking we re-bid, because I thought we had another firm. They didn't bother." The Resolution passed by majority, 7/0. Resolution: TO AUTHORIZE THE PURCHASE OF TWO (2) PRE-OWNED VEHICLES FOR THE WEIRTON POLICE DEPARTMENT. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. The Resolution passed by majority, 7/0. TREASURER'S REPORT Valarie Means gave the Treasurer's Report for October 2003: Beginning Cash Balance: $991,576.23 Interest on Checking: $546.87 Deposits: $1,499,960.69 Disbursements: ($1,417,622.14) Leaving a Balance of… $1,074,461.65 Investment Balance: $1,020,143.44 Petty Cash $700.00 Total Cash / Investments Available: $2,095,305.09 Finance Director Valerie Means commented, "I did want to make one comment. In your packet, you'll see the annual requirement for the pension funds. It's their annual report for your police and fire pension funds. We have to certify every year that Council received a copy of that, and if you have any questions on that, please give me a call." Councilmember Dorich requested that Valerie bring to the next Finance Committee meeting who our banks are where we have our money. Councilmember Miller asked Valerie if she could make public record where we stand with the collection of the fire and police service fees. Finance Director Valerie Means stated, "I don't have those numbers on me tonight. I know collection is less than…I think we're down to 3% when you subtract Weirton Steel's payment, because we know that's one lump payment. They're making payments on it monthly. I don't know the dollars off the top of my head." Councilmember Dorich asked, "Will it be less than what we had in our…" Finance Director Valerie Means continued, "Total collections are about $1.2 Million, and I know Weirton Steel owes around $700,000, and total billed was approximately $2.3 Million. All in all, I believe that collections are coming in very well." Councilmember DeMasis asked, "Is this normal?" Finance Director Valerie Means replied, "It is a normal collection process. Weirton Steel is making more payments, and, as we all know, they are having some difficulties. We don't have a problem with that. They are paying just as everyone else, but they are making payments instead of making a full payment. Theirs is the largest bill of all the $2.3 Million. Their bill counts for $1.2 Million of the entire billing." Councilmember DeMasis asked, "Do they have until the end of the year to pay this? Is it ongoing?" Finance Director Valerie Means replied, "Right. Well, it is an ongoing collection process, yes. That's the fourth year that we are billing that fee." Councilmember DeMasis commented, "I noticed at the last meeting we had some gentleman come up to the podium there and speak, and he said he was among the good citizens of Weirton. I see his name in here. That's kind of interesting. I want to read this again tonight." Councilmember Dorich commented, "If I might, as President of the Finance Committee, this report has 55 pages of people's names on here, and they are not all Weirton Steel. It's a shame." Councilmember Miller commented, "I'd like to point out something though, because I do have the numbers. $1,191,758 dollars. Of that, $1,191,799 of it is Weirton Steel's. So, businesses and residents in the community are only $392,464, which I think is a real…" Finance Director Valerie Means replied, "That's a four year billing of $2.3 Million per year, so you are talking over $8 Million dollars. That's all that's uncollected." Councilmember Miller continued, "So, I think they have done a tremendous job in collecting these fees. They have reduced the outstanding fees. The reason the report is so thick is there are a lot of $1.00 fines listed on the report to make up that 55 pages. So, your name might be on there because you paid late. But, the bulk of it is centralized on a small group of individual businesses." Councilmember Moore commented, "I think the other thing is too they go by property numbers. If you have multiple properties, you could be in there multiple times. I think we discussed publishing this list, and the difficulty in collating it, and preparing for publication because of the limitations of the software that you have. But, we did pass the ordinance for the businesses, and I do know that you are working on, with the City Manager… I spoke with him about getting letter out…" Finance Director Valerie Means replied, "We've already done that. It's already been done." Councilmember Moore continued, "…of that ordinance. I'm sure that will help with the collectibles." Motion was made by Councilmember Kondik and second by Councilmember DeMasis to approve the Treasurer's Report. So passed, 7/0. ADMINISTRATIVE REPORTS Police - Chief Vince Gala Vince Gala had nothing to report. However City Attorney John Yeager did have some comments regarding the Police Department. Attorney Yeager stated, "I'd like to point out that the injuries and accidents from October of last year to October of this year are cut in half. That's ordinarily a statistic. It's because of good enforcement. We don't know how many accidents would have happened if the Police weren't on their toes. They are certainly entitled to a pat on the back for that." Mayor Miller commented, "Let the comment be recorded in the minutes. So be it. We thank the Police Department again for a fine job." Building Inspection / Code Enforcement - Dan Felton Nothing to report Sanitary Board / Water Board - A. D. Mastrantoni Nothing to report Fire - Chief Kessler Cole Chief Cole commented, "Mayor and Councilmen, just to make you aware. If you checked in your packets, you got a list of all the schools and fire prevention programs that the Weirton Fire Department took care of this month. We concluded the overall fire prevention program at the end of October. As you are aware, there's quite a few schools, quite a few students, that were passed through our fire prevention program. Councilmember Kondik commented, "Chief, you might want to consider taking a look at the fire hydrants. I think it's time they need to be painted. They all need repainted. Chief Cole responded, "Councilman, I'd like to respond to that. For the last couple of years, I have been requesting that all of the fire hydrants should be painted. I did get a response back from the Water Department. Supposedly, next year, all of the hydrants in the City of Weirton are supposed to be serviced and repainted." Utilities Director A. D. Mastrantoni stated, "It's in our maintenance cycle for next year. Economic Development - Bob Riccelli Bob Riccelli commented, "I'd like to announce that we received another $10,000 grant last month, a forestry grant to do some improvements in the South entrance of the City. I filed two letters of intent for transportation enhancement grants, actually today. The deadline was the 15th of this month. We will continue to look for monies to do the 20% match." Parks and Recreation Nothing to report Public Works - John Brown John Brown reported that there was nothing to report. Mayor Miller commented, "Wonderful. Everything is up to date and running prime in the City, except Lee Avenue Bridge." Councilmember Dorich asked, "John, did they put sign in the area of Starvaggi's Garage that the bridge is out." John Brown replied, "I'm not sure, but I'll check that." Councilmember Dorich replied, "I know the City Manager requested it. I think it's a good idea, because a lot of traffic comes down Pennsylvania Avenue and cuts up Weir Avenue. Then they are bottlenecked. They can't get in or out." John Brown replied, "We've got them up about everywhere, so we'll put one up there if you wish." Mayor Miller entertained a motion for approval from Council for the payment of the bills. Motion was made by Councilmember DeMasis and second by Councilmember Dorich to approve the payment of the bills. The motion passed by majority, 7/0. Mayor Miller entertained a motion for the acceptance of the administrative reports. Motion was made by Councilmember Dorich and second by Councilmember DeMasis to accept the administrative reports. The motion passed by majority, 7/0. Mayor Miller entertained a motion for to adjourn the meeting. Motion was made by Councilmember Dorich and second by Councilmember DeMasis to adjourn. The motion passed by majority, 7/0. ADJOURNMENT With no further business before this November 10, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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