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WEIRTON CITY COUNCIL August 31, 2004 Special Session A special session of the Common Council of the City of Weirton, Brooke and Hancock Counties, West Virginia, was held at 5:30 p.m. on Tuesday, August 31, 2004, in the Weirton City Building Council Chambers, with Mayor William Miller presiding. Councilmembers in attendance were Steve Dorich, Harold Miller, Dale Moore, Henry DeMasis, George Kondik, David Dalrymple, and Frank Veltri. Also in attendance were Gary DuFour, Valerie Means, John Yeager, Rod Rosnick, and Karen Orler. Mayor Miller led the Pledge of Allegiance. It was moved by Councilman Dorich and seconded by Councilman DeMasis to amend the agenda to allow citizens comments; this passed unanimously. John Jackson, 218 St. Johns Rd.: Mr. Jackson expressed his concerns about the many gambling establishments in Weirton. He was concerned about the effect on the community, on property values, and on the quality of life. He asked that Council do something to prevent these establishments from overrunning Weirton, and he asked that Council listen to the citizens. Pastor Jim Rhodes, Mercy Baptist Church: Pastor Rhodes thanked Council for holding this meeting and for listening to this proposal. He commended the Mayor for his willingness to take some action on this question. He cited a statement by Sen. Bowman that he would not have supported the machines if he had known how many places were going to open. He also cited an article from a newspaper in Buffalo, NY, about the machine issue in Weirton. Jody Kraina, 4031 Palisades Dr.: Ms. Kraina addressed Council on the gambling issue; she asked Council to examine what is being done and where the City is going. She stated that police officers have told her that crime in Weirton is up. She talked about possible conflict of interest violations; she felt that anyone on Planning Commission who has an interest in these establishments should not be voting; she felt that if they did the vote would be illegal. Possibly this would mean that many of the gambling establishments could be shut down. Ms. Kraina brought up HB2218 by Delegate Webb, that advises that the Lottery Commission may not authorize the placement of more than 9,000 video lottery machines; she felt that people believe this to mean that there can be that many machines. She stated that there is an addendum to the bill stating if 9,000 video lottery terminals have not been authorized by the Commission, then the Commission may not authorize more than the number that was approved by December 31, 2002. She believed that most of the Weirton establishments came after that date. Councilman Moore pointed out that the availability of the permits had been authorized by that date, but they had not been sold by that date. He advised that the State's goal was to sell that amount, and he believed they were within 500 of that number. Ms. Kraina then said that the bill's purpose was to limit the number of terminals to less than 9,000 by using the number authorized by December 31, 2002 as the maximum. Councilman Moore said these had to be authorized by the State-they did not have to be sold. Mayor Miller talked about Beckley's efforts to control the number of establishments. They only have 20 places, which would be one place for every 800 people. However, in Weirton there is the possibility of having 124 places, which would be one place for every 160 people. Resolution accepting the offer of Weirton Steel Corporation to pay the City a portion of its remaining obligations: It was moved by Councilman Kondik and seconded by Councilman Dorich to approve this resolution. Councilman Dorich asked if this came directly from the court. Mr. Yeager advised that this was from the company that was approved by the federal bankruptcy court. Councilman Moore asked if the Weirton Steel retirees were able to vote on this. Mr. Yeager advised this did not affect them in any way. This resolution passed unanimously. Resolution approving the release of Arlington Hospitality Development, Inc., Performance Bond No. 104299297 for construction of Arlington Hospitality, Inc., located on Amerihost Drive: It was moved by Councilman Miller and seconded by Councilman Dorich to approve this resolution; this passed unanimously. Resolution placing moratorium on issuance or transfer of liquor licenses within the City for a period of six months: It was moved by Councilman Dorich and seconded by Councilman Dalrymple to approve this resolution. Councilman Moore felt that the only purpose of this resolution was to deny licenses for machine establishments. He read section II of the resolution which deals with the effects of alcohol consumption on the community. He then cited statistics from the Police Department from the past several months dealing with alcohol-related crimes; he stated that the number of arrests for these crimes is actually down in the past few months. He felt that this issue should be studied more before any resolution is passed. He questioned why pastors are ready to embrace this resolution, which he said is based on a sham. Mayor Miller cited the actions taken by Planning and Code Enforcement in Beckley; they are trying to limit these establishments by putting into effect a 1,000 foot limit between these establishments and schools, churches, other establishments, and some residential areas. Mayor advised that he has received many phone calls about this issue. He felt that this resolution would give a chance to study the impact of these places. The resolution proposes a committee to study this issue for six months. This would not impact those individuals who already have licenses. Mr. Yeager then brought up the amendment to this resolution; this would place a moratorium on the issuance of zoning or building permits or business licenses to businesses for persons seeking new licenses to sell alcohol within the City for a period of six months. He advised that those people who already have licenses and those now in the application process will not be affected. It was moved by Councilman Dorich and seconded by Councilman Dalrymple to approve the amendment. A roll call vote was held on the amendment; results were as follows: Councilman Dorich: Yes Councilman Miller: No Councilman Moore: No Councilman DeMasis: No Councilman Kondik: No Councilman Dalrymple: Yes Councilman Veltri: Abstain The motion to approve the amendment failed on a 2-4 vote, with Councilman Veltri abstaining. A roll call vote was then held on the original resolution; results were as follows: Councilman Dorich: Yes Councilman Miller: No Councilman Moore: No Councilman DeMasis: No Councilman Kondik: No Councilman Dalrymple: Yes Councilman Veltri: Abstain The motion to approve the original resolution failed on a 2-4 vote, with Councilman Veltri abstaining. There being no further business before this special session of the Weirton City Council, the meeting was adjourned after the closing prayer.
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