Weirton City Council

Special Session

July 23, 2002

A meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties was held on July 23, 2002 at 5:30 p.m. in the Council Chambers of the Municipal Building.

Councilmembers in attendance: Charlie Mitchell, D.J. Minella, John Moore, George Ash, George Kondik, David Cline and Christopher Fletcher.

City officials in attendance: Joseph Cicchirillo, Valerie Means, Melissa Farley, Brae Bryant, Mike Gordon, William Fahey and Ric Rekowski.

Mayor Dean M. Harris led the Pledge of Allegiance.

COMMUNICATIONS - Harris said the Lee Avenue bridge was closed down due to an incident with a coil hauler making contact with the bridge. It may be closed for three days if work can be done continuously, if not, 5-6 days.

Councilmember Mitchell requested on behalf of the committee working on the Jimmy Carey stadium, use of the city's street roller. He explained Brae Bryant discussed with him problems with doing that. Mitchell said some city employees are willing to operate the roller on a weekend. Harris commended the committee for their hard work, but said there's a problem with working on private property. He asked Joe Cicchirillo to contact James White for a spreader, to lend the committee. Councilmember Cline requested it not cost the city because of the complaint received about the city doing work at the high school.

Councilmember Moore noted the "bridge closed" signs need placed farther back on Cove Road. Harris and Bryant agreed the situation happened sudden. Harris suggested the bridge's entrance be blocked and perhaps Weirton Steel can have their security people there to allow. He informed that Bryant had already requested WSX for assistance; press releases were sent.

CITIZENS COMMENTS - A motion was made by Councilmember Fletcher, second by Councilmember Minella to allow for Citizens Remarks. This passed 7-0, so ordered. There were none.

NEW BUSINESS - Ordinance - First Reading - Accept Property from Annie Mae Gregory Estate - A motion was made by Councilmember Minella, second by Councilmember Kondik for an ordinance to accept property from Annie Mae Gregory estate at 320 Pennsylvania Avenue; $3,500 was expended for the demolition; a lien was placed for $3,500. Councilmember Mitchell asked if this wipes out the lien. Cicchirillo discussed there aren't any back taxes but that he will have Mr. Fahey check for any additional liens once the first reading is passed. This passed 7-0, so ordered.

Resolution - Finding and Declaring Slum and Blighted Areas - Councilmember Fletcher explained he would have to leave the room for agenda items 2 & 3 because the firm for which he works was retained for these items. He left the room. A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution finding and declaring that there exists within the City of Weirton, Hancock and Brooke Counties, one or more slum and blighted areas and the need for redevelopment of these areas. Harris noted Bob Riccelli and Walt Haglund could answer questions. Haglund responded to Councilmember Ash that this wasn't done under HUD, saying under the state law, council has to make the finding. He also responded to Ash that it would also be supporting the redevelopment authority. Councilmember Kondik stated he wasn't at the meeting but thought this was already done. Ash explained a long time ago, council looked at a similar resolution based on questions to HUD; this is different, its state law. He didn't understand why it was needed since the city agreed with federal agencies and federal agencies overrides state law.

Haglund replied to Councilmember Mitchell that council makes the finding on slum and blighted areas; the redevelopment authority makes recommendations to council. Mitchell asked if CDBG money could be lost if some areas aren't found low-moderate income. Haglund explained it has nothing to do with income but conditions that could be redeveloped. Harris said Cove Commons and Purdy Lane were examples of slum and blight areas until CDBG money was used for enhancement. Haglund said 70% of CDBG money has to be spent on low-moderate income areas but 30% could be spent on slum and blight. He responded to Councilmember Moore that there isn't a map yet. Harris noted not to confuse this with CDBG. Haglund responded that it would have to be done every year only if they're spending money on slum and blight for specific areas. Mitchell noted specific state guidelines to define slum and blight. Haglund responded to Moore that the federal government leaves it to the state to determine what their definition is of slum and blight.

Mitchell apologized for not being able to attend the workshop. Haglund said a slum area is residential in nature; blight area contains residential and non-residential uses; under state code, the council finds the slum and blighted areas; commercial is under blight. Harris said the redevelopment authority makes an assessment of those areas and brings it back for council's approval. Haglund said issues have to be addressed like unsanitary, unsafe, provisions for light, air etc to determine slum and blighted areas. This passed 6-0-1, so ordered.

Resolution - Creating an Urban Renewal Authority - A motion was made by Councilmember Minella, second by Councilmember Cline to adopt a resolution creating an urban renewal authority under the WV Urban Renewal Authority Law. Councilmember Moore motioned to amend that no person now serving on any commission, authority or board shall be a member of this board. Councilmember Ash second this. Ash asked if the amendment would include the mayor, council, city manager or city employees. Harris didn't think state law had exclusions. Haglund explained under state law, someone has to be a resident of the city and of good, moral character and standards; council can make any criteria. Moore felt some people serve on several boards and it's an overload. Councilmember Cline reminded Moore that he has the right to vote against any name submitted, saying the amendment was dangerous. Moore said it wouldn't apply, saying he wanted to eliminate any conflict of interest. Harris explained its not a conflict of interest if someone wants to serve the city and serve on a board. He advised not many people step forward to serve on boards. He expressed displeasure with the amendment, saying it limits his nominations. A roll call vote was taken with a yes is in favor of the amendment, a no is opposed: Councilmember Minella No

Councilmember Moore Yes

Councilmember Ash Yes

Councilmember Kondik No

Councilmember Cline No

Councilmember Fletcher Abstain (not present for vote)

Councilmember Mitchell No

The amendment failed by a 2-4-1 vote.

Cline had requested for a budget at the workshop. He asked for an explanation. Bob Riccelli said under planning, $22,000 allotted; identification is an estimate of what a retainer would cost; under revenue, the existing CDC has $3500 that can be dissolved and the funds put into the redevelopment authority as revenue. Haglund said in the beginning, the salary for the director and secretary would be minimal until after the project is designed and funded; any overtime could be charged to CDBG or other federal or state funds. Harris explained to Kondik it can't be done through code enforcement and doesn't have anything to do with it. He told Minella it could be for commercial or other redevelopment. Cline explained the authority can acquire and resell properties; government can only demolish and put liens on properties. Harris replied to Kondik that the authority could attain grants and loans when there's a plan in place.

Councilmember Mitchell read a part of the resolution, asking if the board would be autonomous; not to come back to council. Haglund explained they need council's approval to buy or sell. Mitchell didn't want to see it become an autonomous board, asking for the authority's powers. Haglund said in Huntington, the authority acquired property and additional money for a new police and court system, and sold it to the city; the authority also sold property for the city for development; the authority worked to widen the highway and was reimbursed by the state. He explained in Pennsylvania, a private developer put up the money for the authority to acquire property that he couldn't acquire privately to build a hotel; he couldn't find the heirs to the property etc. Harris explained the authority could purchase a lien placed by the city for redevelopment. He gave an example, saying the lot where the corner store grocery stood on Orchard could be purchased by the authority and developed. Harris explained how Huntington was able to borrow payroll fo $280,000 from the authority. Haglund discussed Huntington's authority found slum and blighted areas, prepared a plan, submitted it to the planning commission then onto a public hearing and council's approval.

Haglund replied to Moore that the authority has right of eminent domain but the properties have to be listed in the redevelopment plan and advertised under class II with a public hearing; the authority could get independent appraisals and an offer made to the owner. Ash asked if it's the same type of authority in Wheeling. Haglund said Hope 6 redid the housing in north Wheeling area. Harris said the authority did the Heritage Port.

It was responded yes to Mitchell that $39,500 was already set aside. Ash said $14,500 would be reprogrammed from somewhere else and it would be more next year. Harris reminded CDBG stands for community development block grant. This passed 5-1-1 with Councilmember Ash dissenting and Councilmember Fletcher abstained.

Councilmember Fletcher returned to the Chamber.

EXECUTIVE SESSION - A motion was made by Councilmember Ash, second by Councilmember Cline to convene into an executive session consistent with WV Code 6-9-A-4(4) to discuss negotiations. This passed 7-0, so ordered. Harris noted council would not take any further action when they convene.

Council reconvened at 8:10 p.m. With no further business before the Common Council of the City of Weirton, the meeting adjourned.