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WEIRTON CITY COUNCIL COUNCIL MEETING - SPECIAL SESSION November 26, 2003 10:00 A. M. A special meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, was held on November 26, 2003 at 10:00 A.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: Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk Valerie Means Finance Director Rod Rosnick Chief Code Official Terry Weigel Millsop Community Center John Yeager City Attorney Others in Attendance: Curt Hinchee Weirton Transit Ed Powell Weirton Chamber of Commerce Craig Howell Weirton Daily Times Ralph Barone William Dalrymple Ed Rodak Molly Porter Rev. Jim Rhodes Mercy Baptist Church Fred Marsh Marsh Pipe & Supply Mayor Miller led the Pledge of Allegiance. CITIZEN COMMENTS Ralph Barone: Mr. Barone commented, "I'd like to pass this around Mayor. (Mr. Barone distributed documents to the Council, Mayor, and City Manager which included copies of Mayor Miller's campaign materials, the Mayor's Blueprint of Weirton's Future and a printout of a page from the Mayor's Website). What I am passing around gentlemen is from what was the Mayor-Elect Miller, at the time, web page, and the other is, of course, the leadership for Weirton. Council, Mayor, City Manager, I've handed out these handouts. I want to comment just on what the one I sent through with your picture on it. It says, 'Accountability - Weirton needs fiscal accountability and cannot continue to rely on placing new taxes and fees on residents and businesses.' Well, I don't know how you are going to answer that one, but you said it. I didn't. The town is getting ruined with new taxation. Most families have two working people in them, which would mean a total bill of about $208.00 a year on top of a $50.00 service fee, on top of a 2% electric and gas bill, which is increasing. In fact, it's to the point…and also our water bills are certainly higher here compared to Morgantown, WV. Morgantown is $3.88 a thousand for water and sewer. Weirton is $6.90 per thousand. Now, that varies. If you use more water, it gets less. Some households, I guess, are going to be paying as much City tax as they are State and County taxes. Another thing. We are going into the issue of administering this fee. You're going to hire a director. I thought we were going to cut down people. I thought we were going to economize. I mean, your leadership thing says that you were going to really make cuts. I haven't seen a cut yet, and you know it. The cost to administer this is going to require more people, more employees, to build up, I guess, the political machine, which you want. The cost of the employer goes up also. He's got to hire, or it's more paperwork for him. You're causing the small businesses in this town, what few are left, to increase their cost of doing business in this City. I guess that's why most of them are going across the river. Also, you're going to see some of the employees leave unless the employer increases their wages to cover this $104.00 a year. Because, we're talking about secretaries in offices and minimum wage clerks in places doing business, and they're going to have to pay $104.00. That's a lot of money at $5.15 an hour. I thought that…what we're going to have to do is just what you said Mayor. We're going to have to really do some fiscal planning here. We're going to have to cut jobs. People are going to have to be cut, and Weirton's going to have to get used to less services. Services must be cut. We've handed out services in the last few years to a point where we almost hold the people's hands in Weirton, and it never used to be like that. They're going to have to get used to less if you're going to keep anybody in Weirton. As I understand, we're taking, when you mention accountability, then you also fiscal accountability, more than the other statements. I always thought fiscal policy meant state of the treasury pertaining to public revenues. Fiscal period, of course, is a period of complete financial accounting, and of course monetary is money. Mayor, I can only state that I give you something off or your web page, and I also have other ones here, and apparently, you are not holding true to what you stated on your web page, and putting another burden on the people of Weirton, widows, small business, and everybody else in the City of Weirton! And, Where is your accountability?! Thank you." Councilmember Kondik commented, "I have a statement for Mr. Barone." Mr. Barone replied, "Yea, sure." Councilmember Kondik continued, "Is it ok with you, Mayor?" Mayor Miller replied, "Sure, go ahead." Mr. Barone replied, "Sure, go ahead." Councilmember Kondik continued, "Two things I'd like comment on what you just said. Number one, about people leaving the City to go to other states to work. Mr. Barone, for twenty years, I've been paying almost two percent to work in Ohio." Mr. Barone interjected, "That's right." Councilmember Kondik continued, "Yes. I've been paying two percent." Mr. Barone replied, "Right. I understand that." Councilmember Kondik continued, "OK. I'm not leaving Weirton to go to work, because…" Mr. Barone replied, "That's right. You're not leaving your business in Weirton. Is that right?" Councilmember Kondik replied, "Oh yes I am. I've been in business for 25 years." Mr. Barone interjected, "Yea. Yea. Uh huh. Yea. Yea." Councilmember Kondik continued, "Yes. Number one. And number two…" Mr. Barone interjected, "You're working in Weirton?" Councilmember Kondik continued, "Excuse me. I have a business in Weirton, and probably pay as much taxes every month as you do. And number two, you're probably one of a half a dozen to a dozen people that have yelled and screamed at me about services that are not enough in Weirton." Mr. Barone questioned, "When did I ever scream to you about services?" Councilmember Kondik replied, "The first two years that I have been, when I was elected as a City Councilman on Marland Heights, about the roads…" Mr. Barone questioned, "What roads did I ever talk about?" Councilmember Kondik continued, "…on Marland Heights." Mr. Barone continued, "My father paved them all." Councilmember Kondik continued, "…on Marland Heights." Mayor Miller interjected, "Gentlemen. Gentlemen." Councilmember Kondik continued, "And you yelled…yes." Mayor Miller continued, "Let's settle down. I think. Sit down Mr.…" Mr. Barone continued, "And you want us to cut services. I don't think so." Mayor Miller commented, "Thank you Mr. Kondik." Mr. Barone responded, "I think so." Councilmember Kondik replied, "I don't think so." Mayor Miller commented, "Ralph, sit down." Mr. Barone responded, "I will sit down. Thank you Mayor." Mayor Miller continued, "Moving on, I'll just briefly answer a couple of your questions. Certainly, these statements were made, and we try to hold to them. A lot of the venues put up for the political arena at that point in time was prior to Weirton Steel's filing for bankruptcy, and I believe the City is moving towards fiscal accountability. The second issue is any new taxes, any new venues that are made certainly have to go through Council and have to be approved by them. We have a budget to meet. We have restrictions that we have to get into. I believe the City Manager along with the Finance Director, along with the Council people and Department Heads are trying to do the best they can right now. They will get into forums to take a look at the budget and see what we can do to become more cost efficient and certainly if it causes us to place some type of user fee or tax to meet our requirements to the citizens of this fine city, then it will be Council's decision. Thank you." Edward Rodak 409 Effa Street: Mr. Rodak commented, "I'm here as a private citizen to point my views about the tax. I'm not going to blame anybody on what's going on here right at the moment. All I'm concerned about is why a day before Thanksgiving did we have a meeting to vote on this tax. Why couldn't we wait until a regular meeting and do this. Last year, the last Council, I remember, as far as I know. They always voted in a regular meeting when they passed a tax. They had the people come in and voice their opinions where they had more time. Why is it we're doing it so fast, and why is it such a big rush? I'm against any kind of tax. I'll have you know that right now. I know there's ways that you people are looking into the budget, and you have done certain things to clear the budget. I know that saves some money in the hole, but I've seen that happen, and I know it's happened. My problem is, why, all of a sudden, do we have to have it one day before the holiday when people can't get down here. And, it's in the morning. I know it's a special Council meeting. I can't blame you people for the morning, but personally, if I was this Council, I would think twice how I vote on this. Not saying your vote right or wrong. I'm not saying anything on how you vote. That's your prudence. But, I have to say this. I have to give it to last years administration for the simple reason they had guts enough to come out here and vote on the floor. That's all I got to say, Mayor. OK. The Mayor thanked Mr. Rodak. Fred Marsh Pres., Marsh Pipe and Supply Company, 3070 Pennsylvania Avenue Pres., Marsh Sales and Supply, 2300 Baptist Grove, Bethyl Park, PA: Mr. Marsh commented, "I appreciate the three minutes. I would like to comment upon the two-dollar wage tax. I'm not here to protest or complain, but to give you some things to debate and possibly look into. As you know, you probably have the toughest job of any Council, and that's to come up with a way to physically run this town. My concern would be that all of the cuts and all of the avenues and everything has been looked at before you vote in this new fee or tax. I'm sure that you will let us know that as a business community, not through the media, but through personal contacts and different avenues, possibly even through the Chamber. That is my first point, is to hope that you have checked all the avenues and done all your cuts that are needed to be done. Let me remind you, as I go into my next point, that the City of Weirton as a government, is not the only entity that has been screwed or deceived by Weirton Steel through this bankruptcy. There are other businesses and people out there that have also taken far larger cuts than what you guys are looking at here. If you decide to do this and vote this in, the only thing that I would ask is that you are placing another burden upon business in this town. It is common practice in Pennsylvania, especially in Allegheny County, to pay the withholder a certain percentage for withholding and administrating the fee. I would ask that you look into that here. There are expenses on our side. Not that they are great, but it's still a burden that we have to worry about depending on how you set it up, whether it's monthly, quarterly, yearly. Companies in town will have to make software changes. I know it's going to cost me at least five hundred bucks to make the change. Remember, on a monthly basis, I would have to pay somebody two hours wages off of another job to do this work for you. There are other expenses, although not very big for myself, but we'll take Weirton Geriatric Center or Weirton Medical Center, we'll leave Weirton Steel out of this. That would have huge commitments and expenses and possibly conflicts as far as other agreements with other municipalities for withholding taxes. The other part that I would like you to address is that all businesses, all businesses, are licensed in the City and pay the same taxes as everybody else. There will be a lot of people coming out of the mill that want to start their own business on a cash basis which puts everybody else at a disadvantage. At some point, you are going to have to address that. You are going to have to address that and help the other businesses around. Mr. Veltri, I know that somebody's going to come out and want to sell clothes, and do it on a cash basis. George, somebody's going to want to print tee shirts. OK. If you're going to do it, do it fair and make it equitable. Keep in touch with us." Mayor Miller thanked Mr. Marsh and stated that Council will take his comments under advisement will review them. Pastor Jim Rhodes, 123 Preston Avenue Senior Pastor, Mercy Baptist Church Pastor Jim Rhodes commented, "I'm here today to hopefully encourage all of you, when you look at the ordinance to expand the distance of 150 feet to 1000 to even maybe consider just saying enough is enough. I really appreciate Councilman Dalrymple's comments in the papers that have been following it that we really are overrun with this gaming. I realize that again that you were probably just like me kind of surprised at how quick this happened in our City, that overnight, literally scores of these places began. I'm very concerned about it. Personally, and also working with the ministerial here in Weirton, we're just very fearful of what is taking place in our community. I have been getting some phone calls lately, not only from our church members, but also from folks who saw my article in this last Sunday's paper. One widow called me and she said, 'Pastor, my podiatrist is downtown. I have to be honest with you. Being a widow, I'm fearful to go downtown now. With the new bars that we have here, the kind of people they attract, the gaming, I'm now afraid to even come into our community now.' And, I've heard it all from others as well. Many are saying, 'I'm ashamed now of the image that we're now portraying, that we are now a gaming town.' And, I know that's not of anyone here's doing. That was something that the State brought in, but it's something that certainly you have to deal with now to help us to curtail these activities. The other, a few nights ago, I was taking a walk, and I saw one car pull in one of the establishments. It was about a twenty-five year old vehicle. I looked, and I said this poor lady can't afford to be doing this. I went a little bit farther, and there was anther one. The guy pulled in an old beat up rusted out pick up truck. The back window was black plastic with duct tape. He's hoping to hit that couple, that couple of dollars that he has. It just really concerns me that those that really can't afford it are now, it's being so accessible to them, I'm just very fearful of what it's going to do to the really underprivileged that are hoping against hope about making it. So, I'm thankful that the signage is coming down, and I really appreciate those of you that are concerned about the community and wanting to broaden it, but I would even ask you again, as some of the minister's that have been meeting, to maybe even consider saying you know my understanding there are seventy-some of these now. I don't know why we need to expand it to a thousand feet and to allow any more in at all. I think it's excessive. So, again, I appreciate your concerns with this, and prayerfully again will just put a stop. Thank you very much. Mayor Miller thanked Pastor Rhodes. Councilmember DeMasis commented, "This is probably against what the pastor is saying. In July, when we had our first Council meeting here, I brought this up that they were just starting to get wound up and spring out here and there into the City, but nobody has paid attention to it. OK. This was in July. Now, I also blame the churches for this happening also for the simple reason, and I've said this before here, that at the VFW across the street, we had a meeting one time. We had our local state delegates there about this coming up as an agenda on the floor and they wanted all of us to go down there and raise all kinds of heck to turn it down if you want it down, because we were complaining about it, but nobody came, and nobody cared. Now, it's here. Now, it's up to...now, it's really spread. Where was everyone? Where were you pastor at the time? I've got calls, and I said, you know, go to you minister, your pastor, your priest and tell them to get on board and put a stop to it if you don't like it. I'm not a gambler. I don't like it. Believe me. But, they're here and they're going to stay here. It's going to be just that simple now. And, I'll tell you one thing. Honestly, this has cleaned up the low end of town a little. That's a shame to say that, but it's done that. But, I'm not for it. Believe me, when I say that. But, where were you? That's what I want to know. Where were these people who are complaining now. That's all I have to say." Mayor Miller thanked Councilmember DeMasis. Councilmember Miller commented, "I have some comments. I also have some very serious concerns in the double standards that we set in this County and this Community. I, too, am not a gambler. I don't know anything about these machines. I know they are generating some revenue for the City. I know that we will have a difficulty superceding the State law on changing the distance. But, I also know that I can't name one school in the City of Weirton where there's a gaming machine within three or four hundred feet or even a quarter of a mile. That seems to be a concern, the location next to a school. Name all your schools. Think about where the machines are. They're not next to the schools. So, changing that distance from the schools doesn't do anything to protect our children. Our children in this community have a more serious problem. They don't have a gambling problem. There's a drug problem that needs to be addressed. We've had gambling in our community and our county for years and years. We're not bashful about taking money from Mountaineer Park to renovate Oak Glen High School or to do a stadium project, but then we want to limit the restrictions on the gambling. I'm concerned that we're going to restrict other businesses that want to come in here that we may not like that business. Like I said, I'm not a gambler. I won't support gambling, but I support an individual's right to put a business in this City or any city in this country in the United States that's legal based on the state and federal requirements. As far as churches go, I'm a God fearing man. I belong to St. Joseph's Parish. I'm on the parish council. But, many of our churches also conduct gaming to raise money, bingo, night at the races, raffles. They do those kinds of functions right in the church facilities. There's one, my parish right here in the City of Weirton, that raised a million two to build a gymnasium, and yet the kindergarten class runs in a trailer separate from the school and without restroom facilities. Now, I think that's terrible. So, there's a lot of double standards that we have in our community, and we've got to take a look at the situation. I think it's unreasonable for the Council to pass the Planning Commission to take a look at this whenever there's state laws that are already on the books. I also believe that these machines and operations have about run their ground, and they are thinned out. There'll be a thinning of the heard, because there's not that many people playing at some of the newest locations that are opening up. I agree with Henry. Look around at some of the buildings that have made improvements. Across the street from this building, there's an old bank building that used to be a bridal shop. If you stop by and take a look at what they have done building. It's going to be a beautiful restaurant, and yes, they are going to have machines in it. But, it's going to be a beautiful restaurant in one of the areas that we are trying to develop. We are working very hard on economic development. We're working on entreprenurialship. We've got committees that are working towards this. We've got things that we need to talk to some Weirton Steel people about. What are their options? When they lose their pension and their benefits, what can they do? It's not all related to the gaming. I respect everybody's opinion on this. I respect Dave Dalrymple tremendously for his input. We've become friends over the last few months. But, I just think that we have set ourselves up in this community to this double standard, and I would think that we should abide by the state laws and not proceed with this resolution." Mayor Miller thanked Councilmember Miller and stated, "The Chair recognizes the fact that this is a volatile subject, and it is a double-edged sword. Nothing else will be said from the Chair. It's up to, basically, the Councilmen to decide their wishes, and we can move on with that." Councilmember Dalrymple commented, "I understand where some of my compatriots are coming from here with the opinions that they have about the upcoming resolution that we're going to vote on. I still stand by the fact that, yes, there are none by any schools yet, but eventually there may be. That's something that we need to look at. There was an article in Sunday's paper from the Governor of West Virginia stating that for the passage of the video lottery law that would take the machines out of the places where children have access to like gas stations and this, that, and the other. Well, most of you may or may not know that there are places in town where these machines are located that children go to. There is a donut shop up on the hill. Are you telling me that children don't go to the donut shop? Give me a break. It's just I don't see us superceding state law because just like the video lottery people found their loophole to do what they wanted to do, I believe that our legal department has found our loophole. And, that would be the zoning. Is that correct John?" City Attorney Yeager, "I think so." Councilmember Dalrymple continued, "So, I don't see us superceding state law. Originally, when I first started with this, the original idea, yes it did supercede it. But, we found our little loophole, and we're going to use it, just like the video lottery businesses use their loophole to do what they have done to the community. I am not against gambling. I don't think we should totally wipe gambling out, but it needs to be regulated, period. This is getting out of hand. Yes, we've gotten saturated in the market here, but I still think there's going to be more coming in. There's more coming in closer to these churches in town, and there's still the opportunity to make it near a school. And, they can easily be curtailed. I sponsored this resolution, and I'm looking for support, and I believe that most of the community is looking for support also. Mayor Miller thanked Councilmember Dalrymple. MAYOR'S AWARDS AND PROCLAMATIONS Mayor Miller recognized the week of November 17 - November 30, 2003 as Operation ABC America Buckles Up For Children Week. MAYOR'S PROCLAMATION AMERICA BUCKLES UP CHILDREN WEEK OPERATION ABC MOBILIZATION WHEREAS, November 17 through November 30, 2003, has been officially designated as America Buckles Up Children Operation ABC Mobilization by the West Virginia Governor's Highway Safety Office; and WHEREAS, seat belts and Child Safety Seats help prevent injury five different ways by: 1. Preventing ejections 2. Shifting crash forces to the strongest part of the body 3. Spreading forces over a wide are of the body 4. Allowing the body to slow down gradually 5. Protecting the head and spinal cord; and
WHEREAS, child safety seats are the most effective occupant protection devices used in motor vehicles today, and when used correctly, they are 71% effective in reducing fatalities in children age five and younger; and WHEREAS, continued public awareness, education and enforcement of West Virginia's seat belt, and child passenger safety laws, death and serious injury can be significantly reduced. NOW, THEREFORE, BE IT RESOLVED, that I, William M. Miller, Mayor of the City of Weirton, Brooke and Hancock Counties, West Virginia, do hereby proclaim the period of November 17, through November 30, 2003 as: OPERATION ABC AMERICA BUCKLES UP FOR CHIDREN'S WEEK in the City of Weirton and urge all citizens to join in this observation. COMMUNICATIONS Mayor Miller announced a reminder to everyone of the Thanksgiving Day Parade on November 29th. NEW BUSINESS Resolution: ASKING THE PLANNING COMMISSIONTO ADDRESS THE ISSUE OF THE LOCATION AND SPACING OF VIDEO LOTTERY FACILITIES IN THE CITY OF WEIRTON. Motion was made by Councilmember Dorich, second by Councilmember Dalrymple. Councilmember Moore commented, "This resolution…I question whether we have found a loophole. I, again, have severe doubts whether we can enact this legislation. However, since it is by charter that the planning commission will research this and report back to us their recommendation, I feel that it is only fair to give them the chance to look into this to see if we have this right. As I would support this resolution, it doesn't necessarily mean that I support the distances listed. But, it is somewhat of control over what control the city still has as to economic development, as to placement, as to whether it is actually available to us to regulate these or other businesses of their like or other nature. So, I think that we…I purpose that we support this due to the fact that we need the expert advice we will get from our Planning Commission, and that is the method set forth in the charter. I don't have the answer. I have and opinion, but I would like the Planning Commission to come back and either present me with more evidence, one way or the other, to either support my opinion or to refute it. So, with that, I will support this resolution. Mayor Miller thanked Councilmember Moore. Councilmember Kondik commented, "Thank you Mayor. I serve on the Planning Commission, and I'm asking Council to support this for the information that the Planning Commission will bring back to this Council on superceding state law, whether we can do this, or we can't do this. I'm also going to ask City Attorney Mr. Yeager to supply the Planning Commission the ordinances and the zoning that you're seeking out for support of this." Mayor Miller thanked Councilmember Kondik. Councilmember Miller commented, "In the resolution, it states…not to interfere with schools, places of worship, with other businesses or with the existing character of the City…the other businesses is kind of broad, and I think that we need to clean the resolution up. I mean. What does that include? Other businesses. How can video lottery machines interfere with other businesses? That's a pretty broad resolution. Just a comment. Mayor Miller requested a roll call vote: Councilmember Moore Yes Councilmember Dorich Yes Councilmember Dalrymple Yes Councilmember Veltri Yes Councilmember Kondik Yes Councilmember DeMasis No Councilmember Miller No Motion to accept the resolution was accepted by, 5/2. Ordinance: First Reading No. : ESTABLISHING THE WEIRTON MUNICIPAL SERVICE FEE OF 2003. Motion was made by Councilmember Moore, second by Councilmember Dalrymple. Councilmember Moore commented, "I have several comments. The first one is under Section II - Policy, paragraph (b). I wonder if we shouldn't strike recreation from the direction of this fee. This is a specific fee. I'm just not certain recreation should fall under this. This is a fee that can apply to streets because it actually will assess a fee on those who don't live here who work here as far as their cost of using municipal assets. I guess there are some other comments I suppose I should make at this time. I believe that we're having this here, a special meeting because it was unable to be completed for the regular November meeting by our City Solicitor who couldn't make that meeting's agenda. We'd have two readings before year-end for this to go in force, so we would need a special meeting either way, either for the first or the second reading. As I am sure all of you are aware, there are very limited ways the State of West Virginia allows municipalities to raise revenue. The primary way that most municipalities in the state raise revenue is B & O Tax, a tax that falls squarely on businesses of the community. That was proposed here, and it was soundly defeated. This is also the only method that I am aware of that we can have possibly collect revenue from people who don't live in the City of Weirton that utilize the City of Weirton for their livelihood. The unfortunate manner of this is that you also have to tax those who live in Weirton. So, in a way, they are getting hit twice. They get hit with this proposed service fee, and then they get the fire and police service fee. Unfortunately, we don't have any way around that. The only way we can collect a fee from those who don't live in Weirton, but make their living in Weirton, is this type of fee, as unfortunate as it may be. Weirton Steel had been voluntarily providing 1.2 Million dollars to the City of Weirton. This year, due to the bankruptcy, that amount has been reduced to 600,000.00, and we anticipate no contribution in the future. Therefore, this is unfortunately the case scenario where we can try to recoup some of the costs of running the City providing the services to the people who take advantage those for their livelihood yet do not live in this town and contribute in any other way to the City. But, I do…I guess my suggestion was that we do drop recreation from the direction for this fee." City Manager DuFour commented, "Excuse me Councilman Moore. Could you follow through on Section III (b) removal of …providing public recreation facilities…? There is an additional piece of language." Councilmember Moore commented, "So, we would need an amendment to strike from Section II under Policy paragraph (b) the recreation reference and also under Section III Definitions paragraph (b) providing public recreation facilities." City Manager DuFour commented, "And, finally Section XIV, a reference to recreation under Dedication of Revenues, the second line. Councilmember Moore commented, "I propose that amendment to this ordinance. Mayor Miller asked Councilmember Moore to state his amendment. Councilmember Moore responded, "I'd like to amend the Weirton Municipal Service Fee Ordinance of 2003, Section II, Policy, Paragraph (b) to remove the reference to recreation; Section III, Definitions, Paragraph (b) to remove the reference providing public recreation facilities; and to remove under Section XIV, Dedication of Revenues, also remove the term recreation. The main reason for that is I am concerned if we will be able to hold legal challenge with those references in there. Motion was made by Councilmember Moore to amend the ordinance, second by Councilmember Dalrymple. The motion to amend the ordinance was carried by majority, 5/2, with Councilmembers Kondik and Miller voting no. Councilmember DeMasis commented, "I'm always against taxes. I'm going to have to say upfront that I'm against this tax here also. I'm against taxes for the simple reason that everything else has gone up around town. Gasoline is up. Gas is up. Electric is up. My hospitalization insurance has doubled, and my wife's is doubled. I'm not knocking that. This is what it is today. This is where we are headed. The only reason why I am against any kind of a tax on anyone in this City, the simple reason is, it seemed like the City did try. I don't think we tried hard enough to get away from that. If we would have showed our face after we had tried something constructive that we would keep away from taxes. We should have done those things first. We should have cleaned out our attic, before we want to clean our your attic. Now, there's a couple of things, for instance now, like the paid fire department. Why don't they work 8 hours a day, 5 days a week? Can we eliminate some of that overtime? Our gasoline prices are up, and I see, and I hope that I'm correct here, that three police officers were laid off. Is that correct?" Mayor Miller replied, "The positions were not filled." Councilmember DeMasis continued, "They were not filled. Now, I guess you saw the scene on the television last night where we rated 14th in the country in drugs, ranked 14th. And, another thing, why don't we eliminate duplication of services? I talked about the paid firemen. Why should they work overtime every week? It's killing us. We want them to have a job. We want them here. They're good people. We want them. We need them. Why don't we prioritize the community center? Why don't we get rid of this 800-pound chain around our neck? I'd just like to see the City make the first move. That's the only reason that I'm against this. I'd like to see us give it a good shot, and I can't see why we can't sit down at some table and hash this out, and then come out. I'm sorry I took your time Mayor, but I want you to understand my views." Mayor Miller thanked Councilmember DeMasis and stated that we would schedule a Council session in December to go over all of this to reevaluate it. Councilmember Kondik commented, "My comment Mayor and City Council is I think this is a little premature voting on this today whether we accept it or whether we don't accept it. Number one, we really don't know what's going to happen with Weirton Steel, whether anybody's going to be buying it or not. Number two; this is not going to be taking effect until the year 2004-2005 budget. Number three, the internal cost reduction that our City Manager has laid our before us has some definite substance to it. The increase in the general fund revenue. The are some things there that we need to consider before we put a burden, and I've got to go this route here, on the citizens of Weirton again. This is maybe an addition to the fire and service fee. It's a cover up. It's a disguise for another fee. I think we ought to table this, the resolution, until we take a harder look at the increasing in the general revenue without the service fee. Yes. I would love to tax… (Clapping) …I would love to tax the people that work in Weirton that don't live in Weirton. I would love to look at the internal cost reductions of some of the things that our City Manager has laid out for us. I think some of these have a lot of good substance to it. So, I'm asking Council to really table this until after the first of the year, so we can have a workshop and discuss these in depth. Thank you." Mayor Miller commented, "I appreciate your comments Councilman Kondik. One thing I would like to reflect upon. I think we have to move on this now. Remember, whether it's passed or defeated, one way or the other, it's Councilman's jurisdiction to do this. It's better to have a plan in place and not use it, than not have a plan in place. So, I appreciate your comments, and as we move on in history, none of us can predict the future. So, like the past B&O tax, there are a number of items there in place, but they have not been voted into existence. So, I think it's better to review, have it on the books, and then necessarily vote not to use it if we have it on the books. So, lets hope that something comes up, that the Man from Heaven comes down and we don't need to tax our citizens anymore. Motion was made by Councilmember Kondik to table the ordinance, second by Councilmember Miller. Councilmember Moore commented, "I think I have a question. Can I ask our Finance Director a question on this? In your opinion, will the increase in revenues that we are seeing from the gambling and from some of the other sources in the proposed cuts by the City Manager be able to cover next year's shortfall?" Finance Director Valerie Means replied, "It's kind of hard to project that far ahead, but I think that if we go forward with the plan, we should be in much better shape, yes." Councilmember Moore continued, "With the plan including the municipal service fee?" Finance Director Valerie Means replied, "Well, if you don't include that, then you are that much more in the hole, yes." Councilmember Moore continued, "In your opinion are we advised at this time to enact…I mean as you say this would provide what, the estimate 650,000 dollars?" Finance Director Valerie Means replied, "Around there, yes." Councilmember Moore continued, "So, without access to that, we would have to then find another 650,000 dollars to cover the hole in the budget for next year." Councilmember Kondik commented, "My point Councilman Moore is…" Mayor Miller commented, "Gentlemen, you know, we're going to beat this to death. One way or the other…" Councilmember Kondik replied, "That's why were here though. That's why we're here. That's why were here. I've got a lot of things to do. I've got a lot of things to do, but I'm here for the…you know. May I comment to Councilman Moore please?" Councilmember Dalrymple commented, "Point of order Mayor. Are we not each supposed to each have a turn to speak? I haven't had a chance to speak yet, and neither has Frank." Mayor Miller replied, "Go ahead." Councilmember Dalrymple commented, "My whole thing on this too is we need to show the public what we have cut. The way it was supposed to work out with the newspaper the other day was we were supposed to have some of our information of what we have cut. But, what made the headline in the local paper was 'Fee Is Enacted,' and it flipped everybody out. Yesterday, they finally put in the cuts that we have made, but it was a little side bar. It wasn't a ten-inch headline, and it just didn't work out the way it was intended. There's still room to work within the City, I guess. George Kondik had referred to the City Manager has come up with a really good plan, I feel, to be able to trim, but it puts the pressure on the Department Heads to come up with that money. That's a tall order, because everyone's running pretty slim right now, but there is room. But, until we get to that point, I don't think that we should go and reach into anyone's pocket yet. (Clapping) I noticed that the campaign paraphernalia went around. Now, the Mayor said what he said, and he had a good refute to that. No one knew Weirton Steel, we had an idea, but no one really thought that Weirton Steel was going to dump us. Well, if you dig around and find some of my campaign paraphernalia you're going to see in there that I said that if there are no other alternatives, which we're getting to that point, then we'll have to do what we have to do. If that means putting a 2 dollar service fee down, then that's what we have to do. But, until we reach that point, I think we need to hold off, and make the cuts that we have to make to be able to show the citizens that we are honestly making an effort to do something and not just trying to keep the status quo. That's all I have to say." Mayor Miller thanked Councilmember Dalrymple. Councilmember Veltri commented, "I have a comment Mayor. I agree with everything that was said here, but the problem is we've got to establish a base here which direction we are moving on. We do not want to cut service. We want the streets paved. We have to do something here to form this budget here, come up with a, what do we need here? Until we establish this base here, and know which direction we are going, I would like to table it, if possible, until our next meeting." Councilmember Dorich commented, "As a member of the Finance Committee, I ran into this problem one time before. I almost lost my house. I don't want to see this City lose anything. There's a possibility that the Recreation Department, the Community Center, if we take the amount of money that we give them, then we'll have to shut the doors. This is not the only tax that we are talking about. We're talking about the best one that we can supply to the people, not hurt the people. There's about seven of them. We can go back to the county and ask for a, just like the school board had the other day, a week ago, and they passed. We have the same thing that we may intend for the Community Center. Now, when it gets down to 65 dollars, 75 dollars in our budget, we watch. We don't spend. The three men that are on the committee ask questions. We ask a lot of questions. We want answers before we do agree. We didn't have this on our agenda, but we did have two other taxes to consider that will be brought up before Council and before the public. I've been a gambler all my life. When the Weir High bus used to leave off the kids down at Pennsylvania, or on Main Street from Pennsylvania Avenue, I used to go up and buy a newspaper every morning at Tony (unintelligible)'s place. I've gambled ever since I was in high school. There's nothing wrong with it. There's nobody that pulls you into these places. Don't let that be the excuse because we had all our fraternity clubs in this town's had slot machines before and nobody said a word about it. The only time you knew about it is because they put their names in the papers. But every one of us are (unintelligible). There's two of them now that's on the verge of being in bankrupt, of going into bankruptcy, two of the largest places in town. We have a problem, and I've fought this ever since 1967 when I was in the Council then up on old Main Street and County Road, that we needed a B&O tax and nobody supported me. I estimated that Weirton Steel, since 1967 and 1950, when they first started the City, we lost 42 Million dollars that we could have had in our coffers, plus. I love this City. I've had an opportunity to go to live in Texas. I've had opportunities to go to D. C. now where my daughter guards the airplane for the President. I don't want to leave Weirton. I lost everything. I worked here for 43 years with the company. I lost everything, and just like Henry, we're going pay another, my wife and I are going to pay 180 dollars more a month for our insurance. I just finished a bout with cancer. If I didn't have this insurance company, it's only cost me 400 dollars for two years of treatment. I'm proud to live in Weirton. I'm proud to be associated with the people we have here in the City of Weirton. I mean the people who work for the City. Some of them are not worth it. I say some of them don't do their job. They don't do the job that I expect them to. I just had a clean up in one of my sections in my ward, 14 cars taken off the streets, 14 cars. Some of the other Councilmen don't know about it, but I just blew my stack. They were here from 4 years ago when I was in Council then, same ones. Well, this is how I feel. We're going to have to do something, and you people are going to have to stand by our decisions. It may hurt you, but it's going to hurt us more. Thank you. Mayor Miller thanked Councilmember Dorich. Councilmember Miller commented, "Thank you. I'll be as brief as possible. I too agree with Councilman Kondik. I think it's premature. When we were looking at raising the license fee for businesses in the community, we needed to do that by year-end, have two passages so that we could enact it by January 1st. This does not have to be put into action January 1st. It doesn't affect the budget until July. I think, also, we need to take a look as Huntington did starting maybe at a lower level. I'm self-employed now, so I have the same concerns with the extra time and cost it's going to take to monitor this and keep the accounting records of it. Keep in mind also, someone brought up the cost of the community center. It's an autonomous board, but he City sends over about 450,000 dollars a year to keep it operating. We have a group here in the community that you are all invited to join. It's the Renaissance, or Main Street Project. We're active. We're alive, and we've adopted the Community Center as a project. We're working on having some fund raising and some activities to take some of the pressure off the City on the budget side. How much it's going to affect it, we don't know yet. But, those things are in place. The other thing, as I mentioned earlier, we're working with business development. I'm on the CDC, the Community Development Coalition, and we're trying to bring businesses in here. It's going to be very difficult when we have additional fees that we have to sell to these businesses and (Clapping) West Virginia's already a difficult state to start a business up and operate a business. We're beginning to change that climate. I am in favor of tabling it until we can take further review of it, and I think we have time to do that on this issue. It's not the same as with the business license fee. Thank you. (Clapping) Mayor Miller thanked Councilmember Miller for his comments. Mayor Miller requested a roll call vote on the motion to table the ordinance: Councilmember DeMasis Yes Councilmember Miller Yes Councilmember Moore No Councilmember Dorich Yes Councilmember Dalrymple Yes Councilmember Veltri Yes Councilmember Kondik Yes Motion to table the ordinance was accepted by, 6/1. Mayor Miller stated, "The ordinance will be reviewed again and the Council workshops will review what we have to do to take a look at the budget. Resolution: AUTHORIZING PAYMENT OF THIRTY-FIVE THOUSAND DOLLARS TO CARL KELLY PAVING FOR THE COMPLETION OF WORK ON LINTON LANE. Mayor Miller stated that City Manager DuFour had additional information on the resolution. City Manager DuFour commented, "Mayor, I'm not speaking as (unintelligible) this piece of legislation, but to ask that it be pulled. I'm asking that it be pulled, because the numbers in it are inaccurate. We have obtained through the planning and development office a revised approach to the repair of Linton Lane after the development that occurred (unintelligible) on the top. We expect and hope that number will be less. We are committed to and the work will proceed on December 1st. We will come back with and adjustment, any adjustment in cost to Council. I would like to thank you for going through all of the volumes paper that was there, but there were some other issues there to be resolved through the work of the development office, and we appreciate that. I apologize to Councilman Moore for making him half crazy in all of the exchange. I hope that we've got a good conclusion (unintelligible). Councilmember Miller commented, "I have a question Gary. If you could provide us with the anticipated revenue generation from Heathermore, which is, what created this development on Linton Lane? It's a housing complex of multiple units, and I'm sure that there's some kind of generation of revenue before we look at what the total cost to the City is going to be. Do we have any idea?" Councilmember Moore commented, "I maybe could comment on that and I may be able to get you the background here if we need it. Phase I of the development was a 1.2 Million project when it was first brought to the Zoning Board in 2001 for the final approval there was an agreement made between the City and the developer that because of the condition of Linton Lane at that time even before construction started the developer didn't feel that he should have to carry the entire burden of replacing the street once the development was completed. At that time an agreement was made that the developer would buy the supplies and the City would provide the labor to repair or replace Linton Lane after the 1.2 Million dollar Phase I was completed. That was the assumption that we were all going under from the documentation that we had. Unfortunately, recently, as of yesterday, Bob Riccelli determined that they actually did place a bond on that road. We now are in the process of working with the developer to cover the completion and replacement costs of that project up to the amount of that bond. It is my understanding now the liability to the City may come in somewhere near a number closer between eight and thirteen thousand dollars on a 1.2 Million dollar project. However, we will proceed, because if we don't start on Monday, those people will continue to drive through mud and muck as they have for most of the summer and fall. We have I believe a signed agreement with the developer that they will cover the replacement and labor costs on that street up to that bond that is, I don't know, can I mention, $45,000." Councilmember Miller commented, "That wasn't my question." Multiple Councilmembers commented, "(unintelligible)." Councilmember Moore commented, "Bob, not Bob. Bob's not here. Rod, what was the 1.2 Million dollars for the what would have the building permit have been, and do you have any idea what the square footage is up there? Chief Code Official Rod Rosnick responded, "I have no idea what the total square footage is. The building permit would have been a little over five thousand dollars. But, you will get a service fee per unit." Councilmember Miller commented, "Yes. That's what I am interested in. What kind of generation from the service fee." Chief Code Official Rod Rosnick responded, "There's 50 units up there right now." Mayor Miller commented, "There's going to be 50 houses up there. So, your talking police and fire service fee. Your talking taxes that are generated, city and county, so these numbers will have to be in the future of our Council workshop." Councilmember Dorich commented, "And, there's possibility of another 50 going in there, so 100. Mayor Miller replied, "That is correct." 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. Mayor Miller stated, "This is strictly for appointments to the boards." City Manager DuFour commented, "It's up to Council as to whether you wish to use this to discuss the appointments." Council chose not to use an executive session to discuss the appointments to the various boards. APPOINTMENTS TO VARIOUS BOARD AND COMMISSIONS Mary H. Weir Public Library Board Mayor's Appointment Kathy Bowman - Reappointed Term: January 01, 2004 - December 31, 2008 Councilmember Moore asked if Council could still make appointments without convening into executive session. The Mayor explained that the executive session was an option that Council could have used if any discussion was needed prior to the appointments. Councilmember Miller made a motion to reappoint Elisha Robinson of 188 Joseph Boulevard to the Zoning Board of Appeals. Councilmember Kondik seconded the motion. Councilmember Dalrymple made a motion to not make any Council appointments until the next regularly scheduled Council Meeting. He made a motion to table the appointments until December 08, 2003. Councilmember Dorich seconded the motion to table. Mayor Miller called for the vote. Mayor Miller stated, "Let the minutes reflect, 5 to 2 tabled." Councilmember Miller stated, "Three." Councilmember Kondik stated, "No." Mayor Miller questioned, "Three?" Councilmember Kondik stated, "No. We had four against it." Mayor Miller called for a roll call vote. Mayor Miller requested a roll call vote on the motion to table the appointments: Councilmember Veltri No Councilmember Kondik No Councilmember DeMasis Yes Councilmember Miller No Councilmember Moore No Councilmember Dorich No Councilmember Dalrymple Yes Motion to table the appointments was rejected by 5/2. Motion to reappoint Elisha Robinson carried by majority 5/2, with Councilmembers Dorich and Dalrymple voting no. Zoning Board of Appeals Elisha Robinson - Reappointed Term: January 01, 2004 - December 31, 2006 Councilmember Kondik made a motion to appoint Mike Weaver of 3568 Riverview Drive to the Zoning Board of Appeals. Councilmember Miller seconded the motion. Councilmember Dalrymple made a second motion to not make any Council appointments until the next regularly scheduled Council Meeting. He made a motion to table the appointments until December 08, 2003. Councilmember Dorich seconded the motion to table. Mayor Miller requested a roll call vote on the motion to table the appointments: Councilmember Miller No Councilmember Moore No Councilmember Dorich Yes Councilmember Dalrymple Yes Councilmember Veltri No Councilmember Kondik No Councilmember DeMasis Yes Motion to table the appointments was rejected by 4/3. Motion to appoint Mike Weaver carried by majority 5/2, with Councilmembers Dorich and Dalrymple voting no. Zoning Board of Appeals Mike Weaver - Appointed Term: January 01, 2004 - December 31, 2006 ADJOURNMENT With no further business before this November 26, 2003 special session of the Weirton City Council the meeting was adjourned after the closing prayer.
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