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WEIRTON CITY COUNCIL COUNCIL MEETING - REGULAR SESSION December 08, 2003 7:00 P. M. A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on December 08, 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 Lance Scott Police Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Bob Riccelli Economic Development Director Rod Rosnick Building Inspector Terry Weigel Millsop Community Center John Yeager City Attorney Mayor Miller led the Pledge of Allegiance. APPROVAL OF MINUTES A motion was made by Councilmember Dorich and second by Councilmember DeMasis to approve the minutes of the: November 10, 2003 - Regular Council Meeting November 26, 2003 - Special Council Meeting The motion carried, 7/0. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller stated, "There are no awards or proclamations this evening." COMMUNICATIONS Mayor Miller announced that the Street Department did an excellent job getting the streets clear after the snowfall on Friday. He stated that he did receive a number of telephone calls about a few particular areas, one being Culler Road. He requested that Mr. John Brown explain, for the edification of the public and the citizens, the designation of State road responsibilities versus City responsibilities. Mr. Brown responded, "Mayor, City Manager, Council. At your request Mayor, this morning, I drafted a letter identifying the roads that are the responsibility of the Department of Highways. They are as follows: Three Springs Drive - Brooke County Culler Road - Hancock County Cove Road - Hancock County Cove Hill Road - Hancock County Pennsylvania Avenue - Hancock County County Road - Hancock County Main Street (South to Pavlick's) - Hancock County Main Street (Pavlick's to Freedom Way) - Brooke County US 22 - Brooke County Colliers Way (Pennsylvania Ave. to Colliers Steel Road) - Brooke County Freedom Way - Brooke County In an emergency, when required by the Weirton Police Department, the Public Works Street Department will salt and remove snow on the above roads. The Mayor thanked Mr. Brown and asked if he had additional copies for any citizens who might want them, and also asked that Mr. Brown make sure the press had copies for publication. Mr. Brown responded that he did have additional copies for anyone that wished to have one and that the press did have copies. Mr. Brown added, "In some of the confusion on Friday, and I was there when the storm hit at it's worst point, that our snow plows responded to the highways and to the request of the Weirton Police Department, which we do respond when they call us in an emergency, and we did respond to Three Springs. Our trucks got tied up in the congestion and the traffic. I might suggest that we look at closing down the opposite lane to get the emergency vehicles through so we can take care of the problem and get the vehicles moving. It might help, if we can, maybe, do that." Mr. Brown continued, "We had a meeting today, this afternoon, and we talked about Lee Avenue Bridge. I returned to the office and I scheduled to have the asphalt, black top, removed from the bridge tomorrow starting the in-house on the bridge, and whatever we can do there to expedite this project." Mayor Miller responded, "Concerning Lee Avenue Bridge, since you brought it up, I'll let the City Manager, along with yourself, expound on our situation as we see it right now." Gary DuFour responded, "Last week we receive a plan from HDR Engineering for the repair of the Lee Avenue Bridge. These are not permanent repairs. They are for temporary repairs to bring the bridge to a three-ton weight limit with a ten mile per hour, restricted speed limit for all traffic using the bridge. The estimate that we received from HDR included material and labor costing $37,000 approximately. We are going to use a combination of City forces to do concrete work on the supports below. We'll probably have to use a contractor to place some major steel members and some major steel supports from below to reinforce the bridge itself and its deck. We have approached Weirton Steel regarding in-kind services to work with us on this project, and we are going to be approaching others. Some of those letters have already gone out to request assistance in funding those parts which, of course, we cannot do in house. On the agenda tonight is an emergency ordinance to undertake that action. We have held the preliminary meetings today to begin to lay the work out and the division of the work as to whose personnel will be doing what work relative to that bridge. Those elements which are the City's to separate them out what will be carried out by our work forces and those elements which will be carried out by a contractor. John, do you want to add to that?" Mr. Brown replied, "I would only add that we are hoping for in-kind services, and especially from Weirton Steel. We need help desperately. I think we can get it started. If we can get the black top off the bridge in the next two days, we'll be better able to see what's underneath. We might have other problems. But, we certainly need the help from Weirton Steel. I'd also like to say that the flu is going around. We also have people off from Public Works, and I know there's people off here. I know the Director couldn't be here tonight, as he is under the flu." Mayor Miller responded, "As is our Finance Director. We are all suffering with it. Thank you very much John, and thank you Gary." Councilmember Dorich asked Mr. Brown if he thought we had an approximate time that the repairs to the bridge would take. Mr. Brown responded that it would depend on when it all comes together. Mayor Miller replied the time would be at latest, mid January. He stated that it all depends. It could be a lot quicker, depending on when a number of things come together. Mayor Miller announced that a fund raising event would be held on Wednesday, December 10, 2003, at Eat 'n' Park in Weirton. The Mayor stated, "On Wednesday, at Eat 'n' Park, is Tips for Tots. The Mayor and the City Manager will be there. We'll be trying to raise tips for Children's Hospital. Ourselves as well as a number of other individuals will be there hoping that the citizens will be kind enough to give some of their donations so that the Children's Hospital can receive funds." Councilmember Moore commented, "I'd like to clarify the Municipal Service Fee Ordinance that was tabled at the special session last month. To make clear what the fee is, because apparently there is some confusion. It would be a two-dollar per week fee on all those who work in the City of Weirton, whether they're a resident or not. Contrary to certain television stations, it has nothing to do with parking. The City's of Cleveland and Pittsburgh are shutting down pools and recreation centers, doing away with crossing guards and laying off scores of firefighters and policemen. These cities have failed to address previous budget issues and now are losing, as Councilman DeMasis likes to refer to it, their front line of defense. To retain current residents and businesses and attract new ones, a certain minimum level of services must be maintained. To address the present financial crisis the City of Weirton is in, this Council has had several budget workshops and has received a proposal from the City Manager that includes significant cuts. Along with workforce, operational, and capital reductions, this fee was proposed. While I support this fee, I ask the other members of Council to leave the Ordinance on the table at this time. The City Manager has scheduled a workshop for Thursday to again review the projected budget for 2004 and 2005. Thank you." Mayor Miller thanked Councilmember Moore. CITIZEN COMMENTS Judy Soplinski 132 June Street: Ms. Soplinski commented, "I wanted to address the issue of the service fee. I am highly opposed to it, and not for myself. For really a lot of people, that two dollars a week is going to hurt quite a lot. College kids that are trying to work in these part time jobs and some of them the hours are cut, that two dollars a week is going to hurt them a lot, plus a lot of other people that are barely getting by. For the average person, two dollars isn't that much, but if there were some way to revise that to where it's set maybe to a certain income would be better if it's possible. That's all I have to say." Mayor Miller thanked Ms. Soplinski. Mr. Ed Rodak: Mr. Rodak commented, "I'm here tonight for one thing. First of all I'd like to thank Richard Crofton for the article they had in the paper on Our Opinion. They gave the six Councilmen all the credit in the world for what they had done for putting that on the table. They also pointed out that we should look at other items that have to be cut. Now, I would suggest…from what I just heard, you're having a meeting Thursday. Correct?" Mayor Miller responded, "That's at 1:00. I expect you and your friends to be there, please. It's open to the public." Mr. Rodak continued, "I'll be there if I can, if nothing ties me up. One more thing I want to say though. I want to speak to this Council. When I was Councilman, I'll give you an example of how we save money. We put in the budget $250,000 which was taxes from the County, that the State gave to the County and the County gave to us. Nothing was to be done with it except for roads. We had our own City employees put these roads in, and John Brown is sitting here and can verify what I had done. We saved a lot of money by our own City employees doing this job. When you go hiring these contractors out, they're going to take you, and they've been doing it. But they didn't take us that time, and we got a lot of streets repaired. When I left Council, somebody, and in my ward I take it at that time, took it off, the $250,000 out of the budget, and used it somewhere else. The point that I want to state, I'm not against the fee for the Police Department, which I feel they're not getting all the money that they should, or the Fire Department. Somewhere along the line, people don't know where all that money is going. They started out with a five-dollar fee on residents. I predicted the following year they were going to raise it to fifty. Guess what? They raised it to fifty. Now, what I am trying to tell this Council is you guys have the power. You say you've got a meeting Thursday. Fine. What I would do if I were you, I would demand the committee to have every item down written, the foreman, how many people work for him and how much, and you could determine where some cuts might be made. I'm not saying you will do that, and I'm not telling you to do it. I'm against always taxing the people, more burdens on the people constantly. I know the six Councilmen here who have lived here practically all of their life. We've got one who came here from Pennsylvania. I read your paper. I appreciate you coming in, but I don't appreciate you telling me we have to have a tax. That's my opinion. We don't need that tax. We can stop. Go around and talk to the regular employees in the City of Weirton, the little guys, the guys who work in the garbage department and the street department, and find out how they feel. They'll tell you the true story of what's going on. They'll tell you you've got people running all over each other in places and we shouldn't be doing that. We're wasting money. Like I said, you guys have got the power. I would demand that the committee has all this information down for me so you could see what we've got. I'd love to see you put it in the back of the paper like when we were in Council. They put everything in the paper, what we did and how we did it. We never raised a penny in taxes. We almost lost power. Remember? We had that done. A lot of people donated, but we didn't have to go raising taxes on people. Another thing. I've had one Councilman mention to me, and I'm not going to name his name. He went up to the City garage to go and visit. He was told that he wasn't allowed in there. Well, when Bill Ridgeway was here, or he was our attorney, he told me, 'Ed, you're the City of Weirton. You can go anywhere you want in the City of Weirton, even in the Mayor's office.' I thought Bill was a great man. So, I went up there one day. They said you have to sign this, because you're here. I said what are your talking about. I don't sign anything. I'm here to talk to the employees. You can't get in. Guess what? I got in, and they didn't do a thing about it. City Manager, it was his orders. I don't care what City Manager ordered it or not, I said. I was told that I am the City and I was told that I could go anywhere I want. So, you Councilmen should remember that. Don't let people tell you what to do! You got the power! That's what I'm trying to tell you. You have power to straighten these things out once and for all. Don't let one person do it. That's why I admire that article. We had it in the paper. They praised you six Councilmen. They really praised you, and I give them credit. But they're telling you facts to look at other options before you tax. They said keep it on the table. Don't take it down. If it were me, I'd get it off the table and get rid of it. It's up to you guys. The only reason I'd get rid of it cause I know they're going to keep going after the people. They're going to raise it again, and they're going to raise it again, and that's all they keep doing. It's got to stop somewhere. Now's the time that you people can stop it. And you can balance that budget. Believe me. There's options that can be done. If you need my help, I'll be glad to tell you where you can do it. I won't tell you to embarrass anybody, but I will tell you where you can do it. Now, anybody got any questions?" Mayor Miller stated, "Your time's up Mr. Rodak, but go ahead." Mr. Rodak continued, "My time's up? Mayor, you know when we were in Council we would allow at least five minutes. You know. You gave me three minutes and I appreciate it." Mayor Miller continued, "You've already been five, but go ahead Ed. I don't really care if the Council people have anything to say." Mr. Rodak added, "These six Councilmen. I give them credit. I really do. At least they're standing up for where their ground is. But, show them whose boss. Not one person. OK, that's all I'm asking of you. You could eliminate a lot of positions in here that were paid for. People, all they want to do is tax. You ask your committee you're going to go see Thursday. Poll them. Let's put a tax on them. I say stop these taxes. It's no good. Just look around. and like I said, get them itemized. I'd still like to know where all the service fee is going for the Police Department. We always took care of the Police Department. We didn't have to have that. We always paid a service tax, a service fee rather. We didn't have to tax people with a service fee. They put that on just to get that word in there. Tell them it's a tax and have it over with." Mr. Ralph Barone 3336, 3340 Main Street: Mr. Barone commented, "To get started, just referring to the last special meeting where Mayor Miller said, 'Circumstances are different now than during the election.' Well, Mayor, I just wanted to bring up to your attention that the election was June 10th, and Tuesday May 20th was the headlines of Weirton Steel bankruptcy. And, of course, I think we all knew Weirton Steel was in trouble long before this. I'd like to discuss the ordinance even though you said it would be tabled. There are a few things I'd like to bring up. First of all, I think that the employers in this town have already paid the service fees, weather they are an individual or weather they are a corporation in which they draw salaries. The corporation has paid the service fee to protect themselves as well as their workers. We pay the fire and service fee. We also pay a garbage fee which is a service fee. I feel that this ends up to be double taxation and again I go to your 8-13 (13) West Virginia Code. Of course, there is no limit. The sky is the limit. It's not like a B&O Tax which the State Code puts limits on what it can do. Now, if we talk about, we go down to the ordinance, it talks about employees within the City. I think, really and truthfully, there's a lot of confusion as to not being sure how to define employer and employee or transient worker or visitor. What are we going to do? Have a visitor service fee also for the privilege of visiting Weirton, and that's the way this thing reads. Because you're talking, you say, 'and visitors to the City, it is therefore reasonable to derive a portion of the cost of providing and maintaining such services from said individuals.' I didn't know we had a visitor's service fee. Discrimination as to employees. What about the temporary workers that come into this town? I don't know how you're going to classify them as visitors. But, can you imagine you trying to collect a worker that comes in here and services for Verizon or Comcast, etc. etc. UPS, Fed Ex. I just have a feeling that this ordinance is so loosely drawn that I think a Philadelphia lawyer would have done a better job. When we talked about transient employees and where they described transitory employees. They live in an area where there is not any user fee or any renumeration or other municipality. While a lot towns around, the people do work in Weirton. There is no service fee. There is not renumeration to the City. I feel there's a lot of discrimination existing here. And, then also, I'd like to pick up section 4, the last item on section 4. It says, 'For purposes of this article, employers shall include for all profit and not for profit entities and all local county, state, and federal governments. While Mr. Yeager is here, I'd like to bring to his attention United States vs. City of Huntington, and that would be 999 Federal Second Page 71, 4th Circuit, 1993 found a municipal service fee was a tax, and they didn't pay it. So, I think there's a lot of things to consider when you get down to this. As far as recommended cuts, I have a copy here of my recommendations. If you care to see them, I'd be glad to discuss them with you after. I also would remind the people that the last service fee that was put in, I think, no, Ed Rodak, I don't think was Councilman then. Right after the service fee was enacted, that's a police fire protection fee, there was pay raises of 500 and, close to over 500,000 in the City. What's this for now? Another pay raise in the disguise of a service fee? I would like to know that. I would like to have that answered. And then there is…I have the list there...Now there's an article that Councilman Moore wrote. In this article he stated…" Councilmember Moore stated, "I did not write an article." Mr. Barone continued, "Well you did write the article. Your newspaper article with your name and your statements in it." Councilmember Moore stated, "They are not my statements." Mayor Miller stated, "Mr. Barone, we'll ask you to keep your voice down." Mr. Barone replied, "Well, I mean, he's hollering too." Mayor Miller continued, "Pardon me sir. You've got two minutes." Mr. Barone continued, "I have two minutes? Mayor Miller replied, "Yes sir." Mr. Barone continued, "Thank you. Well, it won't take me that long Mayor!" There's something about attrition in the article, that it would help the cost cutting. Well, why do you want to wait for attrition, because when you wait until somebody's attrition comes, you've got more legacy costs? Legacy costs is what's killing this City now. We've got to stop legacy costs, and I'm looking at the guts of the administration to make cuts. There's plenty of ways to cut, and I have a method of cutting, and I have the whole list if you care to see it. Thank you." Councilmember Moore commented, "I'd like the opportunity to respond to the two gentlemen. Apparently, there is an issue of my not being a native of the City of Weirton, or even the State of West Virginia, and that is true. That is true. Let me make that perfectly clear. I am not a native of Weirton. I grew up in a town called Titusville, PA, where a steel mill was their major employer. (Unintelligible) Specialty Steel. Good jobs. Good union jobs. Good benefits. Good retirement. And, they closed. The City did nothing. The City took no steps to have a Community Development Department, to attempt to attract new business, to attempt to survive that loss. That town now has fifty percent of the population. It has empty storefronts. The people who remain there pay nearly twice as much in local property tax, because they still have to subsidize the schools. We could, you know, I guess as far as the paving program, we still get money from Hancock County, and we still use it for paving. $350,000. Unfortunately, I'm sure with inflation, that $350,000 doesn't pave nearly what it did then. As far as outsourcing the work, I think every business in this country now outsources work because of the employee costs. What's Weirton Steel doing? They're dumping their health care benefits, because of the increased costs that those cause an employer. They're going to, if they don't already, be subbing out any kind of work they can, because it's cheaper to pay for it once than to carry the benefits, which I believe Mr. Barone actually agreed with when he said attrition was a problem. As far as the budget when Mr. Rodak was Council, I'm sure that the Weirton Steel contribution was significantly greater than it is now. I'm sure that their in-kind contribution of the things they did for the City that never made the books, we're not going to see that anymore. Councilman DeMasis said it. Everyone, your electric is going up. Your gas is going up. Your insurance is going up. Those costs go up for the City as well. I mean, Allegheny Energy wants paid. Bread isn't a nickel a loaf. We are making cuts. We have cut…This City is down $240,000 in salary and overtime in the last four months. Now, we are going to cut 20 positions. Five are gone. People have left. They see the handwriting on the wall. They know it's coming. We will get to that number. If they leave, then good luck, but it's going to come. We could instill a B&O, but you saw how that divided the City the last time it was purposed. We could raise fire and service fee, which would be our easiest and most economical effect, but I don't believe that's fair to the retirees of this community. The people who work in this community that do not live in this community do use our City services other than police and fire, and I do believe they do owe a debt. I do apologize for those who live in the City and who work in the City would be charged this tax, but based on the research on the ordinance for the City of Huntington, if we attempt to carve out any group this will not stand a legal challenge. I would not like to see what happened in my hometown happen here. I'll never be a native of Weirton, but I will always defend it and give it my best opinion as to how this City should be managed." Mayor Miller thanked Councilmember Moore for his comments. REPORTS FROM VARIOUS BOARDS AND COMMISSIONS Finance Committee: Councilmember Dorich reported, "The Finance Committee met on November 6th. We had six proposals. Number one is the ordinance establishing the Weirton Municipal Service Fee. We recommended that it be tabled, and we would meet on Thursday at 10:00 AM. It was approved, and we will meet on Thursday. Number two is a resolution to authorize expenditures of $5000.00 for Weirton's participation in the West Virginia Storm Water Management Group. This was approved by the Finance Committee. Number three is a resolution for the Marland Heights Guardrail Replacement Project. The Finance Committee approved the expenditure of $10,175.00 for this project. Now, this doesn't mean the whole hill. It means just the area that's in bad condition. 1,075 feet. You already have the resolution on the authorization of the repairs to Lee Avenue Bridge. The work is progressing. A resolution authorizing contract for high-speed Internet service. We approved this also. This would save money and would speed up our service throughout the City, the City garage and the whole schmear. We would save approximately $2,700.00. The last one is the purchase of three police cruisers. The Finance Committee approved the expenditure of $20,347.00 each for the lease/purchase of three police cruisers utilizing State bid procedures and prices. The total expenditure is $61,041.00. These were all approved by the Finance Committee." Mayor Miller thanked Councilmember Dorich. OLD BUSINESS Ordinance: Second Reading No. 1408: ESTABLISHING AGREEMENT FOR FIRE SERVICE WITHIN THE CITY OF WEIRTON. (WEIRTON FIRE SERVICE ORDINANCE OF 2003) Motion was made by Councilmember DeMasis, second by Councilmember Dorich. Councilmember Kondik commented, "I'm sorry, but I just have to voice my opinion again. I know this is going to pass again tonight, but I just cannot understand why the new volunteers that want their own identity cannot join the new unified code. I've talked to several of them, even one of them this afternoon. I just don't have an answer as why they just don't want to join. I just can't support it." Councilmember Moore commented, "I believe that this ordinance is in violation of our charter. I'd like to pass out a handout that deals with the effective dates of ordinances and resolutions. It says that ordinances making annual tax levy appropriation ordinances, ordinances and resolutions pertaining to local improvements and assessments, ordinances and resolutions providing for or directing any investigation into City affairs, resolutions requesting information from administrative offices or directing emergency services shall be effective at the time indicated therein. Except as otherwise prescribed in this Charter, it is the general law of the State all other ordinances and resolutions shall take effect at the time indicated therein, but not less than thirty days from their date of passage. Now, if you look under the definition of local improvements and assessments, which I have included for you. Under number thirty-nine; Assessments for Local Improvements. To levy and collect assessments for local improvements. This ordinance fits under none of those categories. Yet, it indicates in the ordinance that it will take effect immediately upon passage. That's in violation of the charter that says that ordinances of this type shall not take effect for less than thirty days from the date of passage." Mayor Miller stated that we have a motion to accept the second reading of this ordinance and requested a roll call vote. Councilmember Moore commented, "Would we be in violation? Can I ask for opinion of our legal council? Would this ordinance be in violation of the Charter if it is passed in its present form?" City Attorney John Yeager responded, "I don't know. I'll have to read this. If you give me about ten minutes, I'll give you an opinion." Attorney Yeager continued, "I'd like to take a look to West Virginia Code about this. Perhaps if you can put this to a later time to meet, I'll be back." Mayor Miller stated, "No, we'll wait." Councilmember Moore commented, "Can we do that?" Mayor Miller responded, "Sure can. The Chair says that we're going to wait." Attorney Yeager excused himself from Council Chambers. Attorney Yeager returned to Council Chambers. Mayor Miller asked Attorney Yeager if he had any information for us. Attorney Yeager responded, "I think, technically, Mr. Moore is right in that the City Charter would call for that, and I think if that were fatal to the ordinance that might be the end of it until the next meeting. But, I'm going to move that someone make an amendment to change the date to be effective thirty days from passage and the second reading would be today." Motion was made by Councilmember Dorich, second by Councilmember DeMasis to amend the original ordinance. Mayor Miller requested that Attorney Yeager provide the updated language to the City Clerk. Attorney Yeager stated, "The language as it stands is 'This ordinance shall become effective immediately upon passage.' It should be changed to state, 'This ordinance shall become effective thirty days after passage.'" Mayor Miller stated that the motion was made by Councilmember Dorich and second by Councilmember DeMasis to amend the language of the original ordinance. The motion to amend the ordinance passed 6/1, with Councilmember Kondik voting no. Mayor Miller requested a roll call vote for the second reading or Ordinance 1408 as amended: 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 with Councilmembers Moore, Veltri and Kondik voting no. Ordinance: Second Reading No. 1409: RECINDING PREVIOUS ORDINANCES TO REQUIRE THE DISSOLUTION OF VOLUNTEER FIRE DEPARTMENTS IN THE CITY OF WEIRTON. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Councilmember Moore made a motion to amend the wording of the ordinance from 'This ordinance shall become effective immediately upon passage' to 'This ordinance shall become effective thirty days after passage.' Councilmember Miller made a second to the motion. The motion to amend the ordinance passed, 6/1 with Councilmember Kondik voting no. Mayor Miller requested a roll call vote on the amended ordinance 1409. Roll Call Vote: Councilmember Dalrymple: Yes Councilmember Veltri: Yes Councilmember Kondik: No Councilmember DeMasis: Yes Councilmember Miller: Yes Councilmember Moore: No Councilmember Dorich: Yes The Ordinance passed by majority, 5/2 with Councilmembers Kondik and Moore voting no. Mayor Miller announced that Item 3 had been set aside until after a Council Workshop on Thursday. NEW BUSINESS Resolution: TO PLACE LEANS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE 250. (818 N. Fifth Street - Map# W38L - Parcel# 0157 - William Johnson) Motion was made by Councilmember DeMasis, second by Councilmember Dorich. Motion carried by majority, 7/0. Resolution: TO PLACE LEANS AGAINST REAL PROPERTIES FOR COSTS INCURRED IN DEMOLITION OF UNSAFE PROPERTIES PURSUANT TO ORDINANCE 250. (1034 Third Street - Map# W38L - Parcel# 0070 - Frank Lopresti) Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Motion carried by majority, 7/0. Ordinance: First Reading No. NEW: TO ESTABLISH BACKFLOW AND CROSS-CONNECTION PREVENTION PROGRAM FOR THE WEIRTON AREA WATER BOARD. Motion was made by Councilmember Dorich, second by Councilmember Miller. Councilmember Kondik commented, "Comment Mayor. Is there somebody here that can explain this to me? Butch?" Councilmember Miller commented, "It has something to do with homeland security." A. D. Mastrantoni responded, "Basically, you have before you and ordinance that was forwarded to us by the West Virginia Department of Health. Each year they do a sanitary survey of our water treatment facilities plant and associated distribution systems. As such, this year they are suggesting strongly that ordinances be enacted in all municipalities with regard to homeland security, and part of these ordinances are backflow and cross-connection prevention, and that's what you have before you today. They prohibit, or they require, they will require when enforced, the installation of backflow preventers, and they also prohibit and give the water board the authority to, more or less, police the system for cross-connection violations." Councilmember Kondik asked, "This is all done in-house?" Mr. Mastrantoni responded, "Yes." Councilmember Kondik thanked Mr. Mastrantoni. Motion carried by majority, 7/0. Resolution: TO APPLY FOR INDUSTRIAL ACCESS ROAD FUNDING FOR BIRCH DRIVE. Motion was made by Councilmember Dalrymple, second by Councilmember DeMasis. Motion carried by majority, 7/0. Resolution: TO AUTHORIZE EXPENDITURE OF UP TO FIVE THOUSAND DOLLARS FOR CITY OF WEIRTON'S PARTICIPATION IN WEST VIRGINIA STORM WATER MANAGEMENT GROUP. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Motion carried by majority, 7/0. Resolution: TO ENTER INTO CONTRACT FOR THE MARLAND HEIGHTS GUARDRAIL REPLACEMENT PROJECT. Motion was made by Councilmember Kondik, second by Councilmember DeMasis. Councilmember Kondik commented, "This is a long time, over thee year, ordeal that's been going on that we finally found some money in the last Council's budget to redo this. It started with the overflow of all the four-wheel drives on Marland Heights which caused a lot of concerns about them going over the guardrail. The guardrail is very low. Well, we found out last year that two automobiles went over the guardrails. Thank God there were no injuries or anything like that. So, I am asking Council to please pass this unanimously. Thank you." Councilmember Dalrymple commented, "Were there any local contractors that bid on this job?" No local contractors placed a bid on this job. Motion carried by majority, 7/0. Resolution: TO ENTER INTO CONTRACT FOR THE PURCHASE OF HIGH-SPEED E-MAIL AND INTERNET ACCESS FOR THE CITY OF WEIRTON MUNICIPAL BUILDING AND PUBLIC WORKS DEPARTMENT. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Councilmember Moore commented, "I believe, if I am correct, that this will give us better service and is actually cheaper than the service that we have at this time." Thomas Maher responded, "Absolutely. Yes." Councilmember Dorich replied, "$2700.00 cheaper." Thomas Maher responded, "…at a minimum." Motion carried by majority, 7/0. Ordinance: First Reading (EMERGENCY READING) No. 1410: LEE AVENUE BRIDGE EMERGENCY REPAIR ORDINANCE Motion was made by Councilmember DeMasis, second by Councilmember Dorich. Motion carried by majority, 7/0. Resolution: TO ENTER INTO CONTRACT FOR THE LEASE/PURCHASE OF THREE (3) POLICE CRUISERS UTILIZING STATE BID PROCEDURES AND PRICES. Motion was made by Councilmember Dorich, second by Councilmember DeMasis. Councilmember Miller commented, "These are budgeted items. They are not new items added to our expense. They are already budgeted for this year. Mayor Miler thanked Councilmember Miller. Motion carried by majority, 7/0. Resolution: TO ENTER INTO CONTRACT FOR THE CHANGEOVER OF LIGHTBARS AND ACCOMPANYING EQUIPMENT FOR THREE (3) RECENTLY LEASED/PURCHASED POLICE CRUISERS. Motion was made by Councilmember DeMasis, second by Councilmember Veltri. Councilmember Miller commented, "There again, we will be saving some money on changing over these lights on the cruisers under the recommendation of the Chief. We appreciate that." Motion carried by majority, 7/0. 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 DeMasis. Motion carried by majority, 7/0. Council reconvened. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Zoning Board of Appeals Appointment Term: 01/01/2004 to 12/31/2006 Mayor Miller stated, "We have one opening in relationship to Zoning Board of Appeals, and we have five individual names submitted. After long and due deliberation, the Council has reached a decision. With that in mind, I'll pass it on to Councilman Moore to make a recommendation." A motion was made by Councilmember Moore to appoint Mr. Tom Virtue of 3709 Hanlin Way to the upcoming term of the Zoning Board of Appeals. Second was made by Councilmember Kondik. Motion carried by majority, 6/1 with Councilmember Veltri voting no. ADMINISTRATIVE REPORTS Police - Chief D. Lance Scott Chief D. Lance Scott commented, "December is the West Virginia Highway Safety Program that we received a grant for, and through the month of December until December 31st, we'll be operating DUI road patrols 3 nights per week in 4-hour blocks. I would also like to acknowledge the Public Works for their assistance during the snowfall. They Kept traffic moving primarily the State Highways." Mayor Miller asked Chief Scott to provide a press release on the subject. Mr. Brown thanked Chief Scott for his comments. Councilmember Veltri commented, "I want to personally thank you, Mr. Brown for helping me out on Phillips Street. You've done a good job, and I appreciate it. I thank you." Mr. Brown replied, "Thank you sir." Fire - Chief Kessler Cole Chief Cole commented, "The Fire Department has nothing to report." Sanitary Board / Water Board - A. D. Mastrantoni A. D. Mastrantoni reported, "We're into line break season, as many of the Councilmen may know. We do have standing orders now that whenever there is a line break in any ward that we'll go ahead and give you all a call to inform you of the outage. We've had a couple of them this weekend, and they continue. Hopefully, it will moderate once the temperature acclimates to either steady cold or steady hot. So, that's what we're up against." Councilmember Veltri commented, "I also appreciate for you calling me on Loraine Drive. Thank you." Parks and Recreation - Terry Weigel Terry Weigel reported, "We're into our busy season, as everybody is over at the Community Center. Unintelligible…the basketball team. It's a good time for us…unintelligible. Councilmember Dalrymple asked, "How'd the open house go?" Mr. Weigel responded, "It wasn't very well attended. We had seven people from out of town, the Cadiz area. Unintelligible. We took applications. Unintelligible." Mary H. Weir Public Library - Rick Rekowski Mr. Rekowski reported, "I'd like to report that there is a job opening at the Mary H. Weir Public Library funded by federal funds, and it's an Americorp position. This is a government position paid for by the federal government. It was advertised in the Weirton Daily Times last week. This position will be working with the Mary H. Weir Public Library and the Brooke County Public Library for a twelve-month position to work with literacy, and that is currently open. You may have seen this advertisement in the paper, but it is funded by the federal government. We are accepting applications." Mayor Miller thanked Mr. Rekowski for his comments. Economic Development - Bob Riccelli Bob Riccelli commented, "I'd like to make an announcement. We have received our annual review from HUD regarding the CDBG program, and I'm proud to announce that of the six categories, all of the findings were excellent. Timeliness, accuracy, and expenditures. The credit needs to go to Beth Guaghan. Beth is out sick today, or she would be here tonight. I'd like to recognize Beth as the CDBG Administrator and Denise Allen as the Housing Coordinator. Without their continued efforts, this finding certainly wouldn't be as it is. My research shows that for three years running that Beth has been the Administrator that there has been nothing but excellent findings with that program. So, if you have contact with Beth and Denise, I would ask that you at least applaud their efforts on behalf of the City. Also, I want to mention that Arlington Hospitality, as the City Manager and the Mayor are aware, has contacted us about dedicating Amerihost Drive, and we're doing what we need to do in terms of our due diligence to make that thing happen." Public Works - John Brown Mayor Miller thanked Mr. Brown for a good job over the weekend. John Brown thanked the Mayor for his comments and reported, "I might want to mention, and I should have done the communication, that if we could get the assistance from the citizens on those that have garages and those that have driveways, and when we're confronting a storm like this, or similar, that they move as many vehicles off the street as possible. And, if we did a good job over the weekend, we'll do it better." Councilmember Dalrymple commented, "John, I'd like to recognize you again for the snow removal. I was talking to Ed Grace back in the summer. He's with the Public Works. One of the things that he mentioned to me is that when you guys get the snow crews together they take pride in getting those streets cleaned off, that it's almost like a competition for them to see which guy in which section can get the most cleared off. That pride really did come through on Friday, because it was bad. I was out, myself, during the worst part of the storm, and it wasn't that long after the worst part of the storm was over that it was as clear as a bell on the roads. They really did a good job, and that pride did come through." Mr. Brown responded, "I'll certainly pass that on. Thank you." (Clapping) TREASURER'S REPORT Mayor Miller announced that in the absence of our Finance Director, Valarie Means, the City Clerk would read the financial reports. Thomas Maher provided the Treasurer's Report for November 2003: Beginning Cash Balance: $1,074,461.65 Interest on Checking: $523.76 Deposits: $748,563.50 Disbursements: ($977,626.45) Deposits to Investments: ($400,000.00) Ending Cash Balance: $445,922.46 Beginning Investment Balance: $1,020,650.50 Interest on Investments: $687.45 Deposits to Investments: $400,000.00 Ending Investment Balance: $1,421,337.95 Petty Cash Fund: $700.00 Total Cash / Investments Available: $1,867,960.41 Motion was made by Councilmember Dorich to accept the Treasurer's Report, second by Councilmember DeMasis. Motion carried by majority, 7/0. Mayor Miller asked the City Manager to comment on the bills that need to be paid. Mr. DuFour reported, "All of the bills showing in the report are routine with the exception of three majors; Brooke County Sanitary Landfill which was for tipping fees - $16,025.33, Waste Management of Washington, PA for the use of vehicles and for the bulk pick-up - $7,640.25, Carl Kelly Paving for hot mix paving material for street patch and repairs - $2,964.50. Those are the majors, and the minor ones are of course routine." Motion was made by Councilmember Dorich to pay the bills, second by Councilmember DeMasis. Motion carried by majority, 7/0.
Councilmember DeMasis requested the floor to make an announcement. He stated, "I'd like to tell each and every one of you here that this involves Toys for Tots. I just want to let you know that there are 1,700 children out there we are trying to get toys for, just to let you know what's going on. Thank you." Councilmember Dorich commented, "I was in jail on Tuesday. This was down in Follansbee. I was one of the persons who were contacted. I spent two hours in there, and I collected $450.00 for this cause. I think we ought to do it ourselves, here in this town. I was in Braddock, Pennsylvania, and Mr. Miller has relatives, in fact he was…I better not say…but I was there, and they have a different type. They pick you up on the street if you are on the street driving. You are not permitted to drive on this particular day. A lot of fun. A lot of fun." Mayor Miller commented, "Every town should have a Bubba in jail, right Bubba?" Councilmember Dorich continued, "I had a ride in a limousine and I had a steak dinner down there at the Anchor Room." Mayor Miller thanked Councilmember Dorich for his comments. Motion was made by Councilmember Dorich to adjourn the meeting, second by Councilmember Kondik. Motion carried by majority, 7/0. ADJOURNMENT With no further business before this December 08, 2003 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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